What This Bill Does
This bill creates a Space National Guard that operates as part of the organized militia in all states, territories, Puerto Rico and the District of Columbia. The Space National Guard functions as the reserve component of the United States Space Force, with members who belong to the Space National Guard.
Who It Affects
- The Secretary of the Air Force
- The Chief of the National Guard Bureau
- The Chief of the Space Force
- Congressional defense committees
- Members of the Space National Guard
- States, territories, Puerto Rico and the District of Columbia
Key Provisions
- A Space National Guard is established as part of the organized militia of states and territories where the Space Force operates, in both active and inactive status (Sec. 2)
- A Space National Guard of the United States is created as the reserve component of the Space Force, with all members belonging to the Space National Guard (Sec. 2)
- The Secretary of the Air Force and Chief of the National Guard Bureau must implement this law, except where the law provides otherwise, within a specified timeframe (Sec. 4)
- The Secretary of the Air Force, Chief of the Space Force and Chief of the National Guard Bureau must brief congressional defense committees within 90 days of enactment, then annually for five years, on missions, operations, personnel and budget status (Sec. 4)
- No facility, infrastructure or military installation of the Space National Guard or Air National Guard can be relocated because of this law (Sec. 3)
What Changes
If this law passes, the Space National Guard becomes an official military organization within the organized militia structure. Federal law gets updated to define what the Space National Guard is and how it functions as part of the Space Force's reserve component. Leadership will be required to report regularly to Congress about how the Space National Guard is being set up and operated.
Important Definitions
- Space National Guard: The part of organized militia in states and territories where the Space Force operates (active and inactive) that is trained with officers appointed under the Constitution, organized and equipped with federal funds, and federally recognized (Sec. 5)
- Space National Guard of the United States: The reserve component of the Space Force whose members are all Space National Guard members (Sec. 5)
II
118TH CONGRESS
1ST SESSION
S. 503
To establish the Space National Guard.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 16, 2023
Mrs. FEINSTEIN (for herself, Mr. RUBIO, Mr. PADILLA, Mr. HICKENLOOPER,
Ms. MURKOWSKI, Mrs. BLACKBURN, Mr. BENNET, Mr. SCOTT of Florida,
Mr. BRAUN, 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) ESTABLISHMENT.—
7
(1) IN 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—
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(A) in which the Space Force operates;
1
and
2
(B) active and inactive.
3
(2) RESERVE
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) COMPOSITION.—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.
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(a) REQUIREMENT.—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,
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and the amendments made by this Act, not later than 18
24
months after the date of the enactment of this Act.
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(b) BRIEFING REQUIRED.—
1
(1) IN 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) ELEMENTS.—The briefing required by
11
paragraph (1) shall address—
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(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
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(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.
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SEC. 5. CONFORMING AMENDMENTS AND CLARIFICATION
1
OF AUTHORITIES.
2
(a) DEFINITIONS.—
3
(1) TITLE 10, UNITED STATES CODE.—Title 10,
4
United States Code, is amended—
5
(A) in section 101—
6
(i) in subsection (c)—
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(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.
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‘‘(7) The term ‘Space National Guard of the
24
United States’ means the reserve component of the
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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) TITLE 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;
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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) RESERVE COMPONENTS.—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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