Space National Guard Establishment Act

I 118TH CONGRESS 1ST SESSION H. R. 3048 To establish the Space National Guard. IN THE HOUSE OF REPRESENTATIVES MAY 2, 2023 Mr. CROW (for himself, Mr. LAMBORN, Mr. CARBAJAL, Mr. KEATING, Mr. RUTHERFORD, Mr. WOMACK, Mr. MOSKOWITZ, Ms. GARCIA of Texas, Mr. CASE, Mr. BERGMAN, Ms. TOKUDA, and Ms. PETTERSEN) introduced the following bill; which was referred to the Committee on Armed Serv- ices 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 VerDate Sep 11 2014 00:43 May 13, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3048.IH H3048 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3048 IH of the several States and Territories, Puerto Rico, 1 and the District of Columbia— 2 (A) in which the Space Force operates; 3 and 4 (B) active and inactive. 5 (2) RESERVE COMPONENT.—There is estab- 6 lished a Space National Guard of the United States 7 that is the reserve component of the United States 8 Space Force all of whose members are members of 9 the Space National Guard. 10 (b) COMPOSITION.—The Space National Guard shall 11 be composed of the Space National Guard forces of the 12 several States and Territories, Puerto Rico, and the Dis- 13 trict of Columbia— 14 (1) in which the Space Force operates; and 15 (2) active and inactive. 16 SEC. 3. NO EFFECT ON MILITARY INSTALLATIONS. 17 Nothing in this subtitle, or the amendments made by 18 this subtitle, shall be construed to authorize or require the 19 relocation of any facility, infrastructure, or military instal- 20 lation of the Space National Guard or Air National Guard. 21 SEC. 4. IMPLEMENTATION OF SPACE NATIONAL GUARD. 22 (a) REQUIREMENT.—Except as specifically provided 23 by this subtitle, the Secretary of the Air Force and Chief 24 of the National Guard Bureau shall implement this sub- 25 VerDate Sep 11 2014 00:43 May 13, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3048.IH H3048 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3048 IH title, and the amendments made by this subtitle, not later 1 than 18 months after the date of the enactment of this 2 Act. 3 (b) BRIEFINGS.—Not later than 90 days after the 4 date of the enactment of this Act, and annually for the 5 five subsequent years, the Secretary of the Air Force, 6 Chief of the Space Force and Chief of the National Guard 7 Bureau shall jointly provide to the congressional defense 8 committees a briefing on the status of the implementation 9 of the Space National Guard pursuant to this subtitle and 10 the amendments made by this subtitle. This briefing shall 11 address the current missions, operations and activities, 12 personnel requirements and status, and budget and fund- 13 ing requirements and status of the Space National Guard, 14 and such other matters with respect to the implementation 15 and operation of the Space National Guard as the Sec- 16 retary and the Chiefs jointly determine appropriate to 17 keep Congress fully and currently informed on the status 18 of the implementation of the Space National Guard. 19 SEC. 5. CONFORMING AMENDMENTS AND CLARIFICATION 20 OF AUTHORITIES. 21 (a) DEFINITIONS.— 22 (1) TITLE 10, UNITED STATES CODE.—Title 10, 23 United States Code, is amended— 24 (A) in section 101(c)— 25 VerDate Sep 11 2014 00:43 May 13, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3048.IH H3048 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 3048 IH (i) by redesignating paragraphs (6) 1 and (7) as paragraphs (8) and (9), respec- 2 tively; and 3 (ii) by inserting after paragraph (5) 4 the following new paragraphs: 5 ‘‘(6) The term ‘Space National Guard’ means 6 that part of the organized militia of the several 7 States and territories, Puerto Rico, and the District 8 of Columbia, active and inactive, that— 9 ‘‘(A) is a space force; 10 ‘‘(B) is trained, and has its officers ap- 11 pointed under the sixteenth clause of section 8, 12 article I of the Constitution; 13 ‘‘(C) is organized, armed, and equipped 14 wholly or partly at Federal expense; and 15 ‘‘(D) is federally recognized. 16 ‘‘(7) The term ‘Space National Guard of the 17 United States’ means the reserve component of the 18 Space Force all of whose members are members of 19 the Space National Guard.’’; and 20 (B) in section 10101— 21 (i) in the matter preceding paragraph 22 (1), by inserting ‘‘the following’’ before the 23 colon; and 24 VerDate Sep 11 2014 00:43 May 13, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3048.IH H3048 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 3048 IH (ii) by adding at the end the following 1 new paragraph: 2 ‘‘(8) The Space National Guard of the United 3 States.’’. 4 (2) TITLE 32, UNITED STATES CODE.—Section 5 101 of title 32, United States Code is amended— 6 (A) by redesignating paragraphs (8) 7 through (19) as paragraphs (10) through (21), 8 respectively; and 9 (B) by inserting after paragraph (7) the 10 following new paragraphs: 11 ‘‘(8) The term ‘Space National Guard’ means 12 that part of the organized militia of the several 13 States and territories, Puerto Rico, and the District 14 of Columbia, in which the Space Force operates, ac- 15 tive 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 ‘‘(9) The term ‘Space National Guard of the 24 United States’ means the reserve component of the 25 VerDate Sep 11 2014 00:43 May 13, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3048.IH H3048 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 3048 IH Space Force all of whose members are members of 1 the Space National Guard.’’. 2 (b) RESERVE COMPONENTS.—Chapter 1003 of title 3 10, United States Code, is amended— 4 (1) by adding at the end the following new sec- 5 tions: 6 ‘‘§ 10115. Space National Guard of the United States: 7 composition 8 ‘‘The Space National Guard of the United States is 9 the reserve component of the Space Force that consists 10 of— 11 ‘‘(1) federally recognized units and organiza- 12 tions of the Space National Guard; and 13 ‘‘(2) members of the Space National Guard who 14 are also Reserves of the Space Force. 15 ‘‘§ 10116. Space National Guard: when a component of 16 the Space Force 17 ‘‘The Space National Guard while in the service of 18 the United States is a component of the Space Force. 19 ‘‘§ 10117. Space National Guard of the United States: 20 status when not in Federal service 21 ‘‘When not on active duty, members of the Space Na- 22 tional Guard of the United States shall be administered, 23 armed, equipped, and trained in their status as members 24 of the Space National Guard.’’; and 25 VerDate Sep 11 2014 00:43 May 13, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3048.IH H3048 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 3048 IH (2) in the table of sections at the beginning of 1 such chapter, by adding at the end the following new 2 items: 3 ‘‘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 VerDate Sep 11 2014 00:43 May 13, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H3048.IH H3048 kjohnson on DSK79L0C42PROD with BILLS