II
118THCONGRESS
1
STSESSION S. 503
To establish the Space National Guard.
IN THE SENATE OF THE UNITED STATES
FEBRUARY16, 2023
Mrs. F
EINSTEIN(for herself, Mr. RUBIO, Mr. PADILLA, Mr. HICKENLOOPER,
Ms. M
URKOWSKI, Mrs. BLACKBURN, Mr. BENNET, Mr. SCOTTof Florida,
Mr. B
RAUN, and Ms. SINEMA) introduced the following bill; which was
read twice and referred to the Committee on Armed Services
A BILL
To establish the Space National Guard.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Space National Guard 4
Establishment Act’’. 5
SEC. 2. ESTABLISHMENT OF SPACE NATIONAL GUARD. 6
(a) E
STABLISHMENT.— 7
(1) I
N GENERAL.—There is established a Space 8
National Guard that is part of the organized militia 9
of the several States and Territories, Puerto Rico, 10
and the District of Columbia— 11
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(A) in which the Space Force operates; 1
and 2
(B) active and inactive. 3
(2) R
ESERVE COMPONENT .—There is estab-4
lished a Space National Guard of the United States 5
that is the reserve component of the United States 6
Space Force all of whose members are members of 7
the Space National Guard. 8
(b) C
OMPOSITION.—The Space National Guard shall 9
be composed of the Space National Guard forces of the 10
several States and Territories, Puerto Rico, and the Dis-11
trict of Columbia— 12
(1) in which the Space Force operates; and 13
(2) active and inactive. 14
SEC. 3. NO EFFECT ON MILITARY INSTALLATIONS. 15
Nothing in this Act, or the amendments made by this 16
Act, shall be construed to authorize or require the reloca-17
tion of any facility, infrastructure, or military installation 18
of the Space National Guard or Air National Guard. 19
SEC. 4. IMPLEMENTATION OF SPACE NATIONAL GUARD. 20
(a) R
EQUIREMENT.—Except as specifically provided 21
by this Act, the Secretary of the Air Force and the Chief 22
of the National Guard Bureau shall implement this Act, 23
and the amendments made by this Act, not later than 18 24
months after the date of the enactment of this Act. 25
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(b) BRIEFINGREQUIRED.— 1
(1) I
N GENERAL.—Not later than 90 days after 2
the date of the enactment of this Act, and annually 3
for the five subsequent years, the Secretary of the 4
Air Force, the Chief of the Space Force, and the 5
Chief of the National Guard Bureau shall jointly 6
provide to the congressional defense committees a 7
briefing on the status of the implementation of the 8
Space National Guard pursuant to this Act and the 9
amendments made by this Act. 10
(2) E
LEMENTS.—The briefing required by 11
paragraph (1) shall address— 12
(A) the current missions, operations and 13
activities, personnel requirements and status, 14
and budget and funding requirements and sta-15
tus of the Space National Guard; and 16
(B) such other matters with respect to the 17
implementation and operation of the Space Na-18
tional Guard as the Secretary and the Chiefs 19
jointly determine appropriate to keep Congress 20
fully and currently informed on the status of 21
the implementation of the Space National 22
Guard. 23
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SEC. 5. CONFORMING AMENDMENTS AND CLARIFICATION 1
OF AUTHORITIES. 2
(a) D
EFINITIONS.— 3
(1) T
ITLE 10, UNITED STATES CODE.—Title 10, 4
United States Code, is amended— 5
(A) in section 101— 6
(i) in subsection (c)— 7
(I) by redesignating paragraphs 8
(6) and (7) as paragraphs (8) and 9
(9), respectively; and 10
(II) by inserting after paragraph 11
(5) the following new paragraphs: 12
‘‘(6) The term ‘Space National Guard’ means 13
that part of the organized militia of the several 14
States and territories, Puerto Rico, and the District 15
of Columbia, active and inactive, that— 16
‘‘(A) is a space force; 17
‘‘(B) is trained, and has its officers ap-18
pointed under the sixteenth clause of section 8, 19
article I of the Constitution; 20
‘‘(C) is organized, armed, and equipped 21
wholly or partly at Federal expense; and 22
‘‘(D) is federally recognized. 23
‘‘(7) The term ‘Space National Guard of the 24
United States’ means the reserve component of the 25
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Space Force all of whose members are members of 1
the Space National Guard.’’; and 2
(B) in section 10101— 3
(i) in the matter preceding paragraph 4
(1), by inserting ‘‘the following’’ before the 5
colon; and 6
(ii) by adding at the end the following 7
new paragraph: 8
‘‘(8) The Space National Guard of the United 9
States.’’. 10
(2) T
ITLE 32, UNITED STATES CODE .—Section 11
101 of title 32, United States Code is amended— 12
(A) by redesignating paragraphs (8) 13
through (19) as paragraphs (10) through (21), 14
respectively; and 15
(B) by inserting after paragraph (7) the 16
following new paragraphs: 17
‘‘(8) The term ‘Space National Guard’ means 18
that part of the organized militia of the several 19
States and territories, Puerto Rico, and the District 20
of Columbia, in which the Space Force operates, ac-21
tive and inactive, that— 22
‘‘(A) is a space force; 23
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‘‘(B) is trained, and has its officers ap-1
pointed under the sixteenth clause of section 8, 2
article I of the Constitution; 3
‘‘(C) is organized, armed, and equipped 4
wholly or partly at Federal expense; and 5
‘‘(D) is federally recognized. 6
‘‘(9) The term ‘Space National Guard of the 7
United States’ means the reserve component of the 8
Space Force all of whose members are members of 9
the Space National Guard.’’. 10
(b) R
ESERVECOMPONENTS.—Chapter 1003 of title 11
10, United States Code, is amended— 12
(1) by adding at the end the following new sec-13
tions: 14
‘‘§ 10115. Space National Guard of the United States: 15
composition 16
‘‘The Space National Guard of the United States is 17
the reserve component of the Space Force that consists 18
of— 19
‘‘(1) federally recognized units and organiza-20
tions of the Space National Guard; and 21
‘‘(2) members of the Space National Guard who 22
are also Reserves of the Space Force. 23
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‘‘§ 10116. Space National Guard: when a component of 1
the Space Force 2
‘‘The Space National Guard while in the service of 3
the United States is a component of the Space Force. 4
‘‘§ 10117. Space National Guard of the United States: 5
status when not in Federal service 6
‘‘When not on active duty, members of the Space Na-7
tional Guard of the United States shall be administered, 8
armed, equipped, and trained in their status as members 9
of the Space National Guard.’’; and 10
(2) in the table of sections at the beginning of 11
such chapter, by adding at the end the following new 12
items: 13
‘‘10115. Space National Guard of the United States: composition.
‘‘10116. Space National Guard: when a component of the Space Force.
‘‘10117. Space National Guard of the United States: status when not in Federal
service.’’.
Æ
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