II 

118TH CONGRESS 

2D SESSION S. 3697 

To establish the Space National Guard. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2024 

Mr. RUBIO (for himself, Ms. BUTLER, Mr. HICKENLOOPER, Mr. RISCH, Mrs. 

BLACKBURN, Mr. CRAPO, Mr. SCOTT of Florida, Mr. BENNET, Ms. 

SINEMA, Mr. PADILLA, Mr. VANCE, Mr. HAGERTY, Mr. BRAUN, and Ms. 

MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Armed Services 

A BILL 

To establish the Space National Guard. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Space National Guard 

5 Establishment Act of 2024’’. 

6 SEC. 2. ESTABLISHMENT OF SPACE NATIONAL GUARD. 

7 (a) ESTABLISHMENT.— 

8 (1) IN GENERAL.—There is established a Space 

9 National Guard that is part of the organized militia 


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1 of the several States and Territories, Puerto Rico, 

2 and the District of Columbia— 

3 (A) in which the Space Force operates; 

4 and 

5 (B) active and inactive. 

6 (2) RESERVE COMPONENT.—There is estab7 lished a Space National Guard of the United States 

8 that is the reserve component of the United States 

9 Space Force all of whose members are members of 

10 the Space National Guard. 

11 (b) COMPOSITION.—The Space National Guard shall 

12 be composed of the Space National Guard forces of the 

13 several States and Territories, Puerto Rico, and the Dis14 trict of Columbia— 

15 (1) in which the Space Force operates; and 

16 (2) active and inactive. 

17 SEC. 3. NO EFFECT ON MILITARY INSTALLATIONS. 

18 Nothing in this Act, or the amendments made by this 

19 Act, shall be construed to authorize or require the reloca20 tion of any facility, infrastructure, or military installation 

21 of the Space National Guard or Air National Guard. 

22 SEC. 4. IMPLEMENTATION OF SPACE NATIONAL GUARD. 

23 (a) REQUIREMENT.—Except as specifically provided 

24 by this Act, the Secretary of the Air Force and the Chief 

25 of the National Guard Bureau shall implement this Act, 


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1 and the amendments made by this Act, not later than one 

2 year after the date of the enactment of this Act. 

3 (b) BRIEFING REQUIRED.— 

4 (1) IN GENERAL.—Not later than 90 days after 

5 the date of the enactment of this Act, and annually 

6 for the five subsequent years, the Secretary of the 

7 Air Force, the Chief of the Space Force, and the 

8 Chief of the National Guard Bureau shall jointly 

9 provide to the congressional defense committees a 

10 briefing on the status of the implementation of the 

11 Space National Guard pursuant to this Act and the 

12 amendments made by this Act. 

13 (2) ELEMENTS.—The briefing required by 

14 paragraph (1) shall address— 

15 (A) the current missions, operations and 

16 activities, personnel requirements and status, 

17 and budget and funding requirements and sta18 tus of the Space National Guard; and 

19 (B) such other matters with respect to the 

20 implementation and operation of the Space Na21 tional Guard as the Secretary and the Chiefs 

22 jointly determine appropriate to keep Congress 

23 fully and currently informed on the status of 

24 the implementation of the Space National 

25 Guard. 


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1 SEC. 5. CONFORMING AMENDMENTS AND CLARIFICATION 

2 OF AUTHORITIES. 

3 (a) DEFINITIONS.— 

4 (1) TITLE 10, UNITED STATES CODE.—Title 10, 

5 United States Code, is amended— 

6 (A) in section 101— 

7 (i) in subsection (c)— 

8 (I) by redesignating paragraphs 

9 (6) and (7) as paragraphs (8) and 

10 (9), respectively; and 

11 (II) by inserting after paragraph 

12 (5) the following new paragraphs: 

13 ‘‘(6) The term ‘Space National Guard’ means 

14 that part of the organized militia of the several 

15 States and territories, Puerto Rico, and the District 

16 of Columbia, active and inactive, that— 

17 ‘‘(A) is a space force; 

18 ‘‘(B) is trained, and has its officers ap19 pointed under the sixteenth clause of section 8, 

20 article I of the Constitution; 

21 ‘‘(C) is organized, armed, and equipped 

22 wholly or partly at Federal expense; and 

23 ‘‘(D) is federally recognized. 

24 ‘‘(7) The term ‘Space National Guard of the 

25 United States’ means the reserve component of the 


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1 Space Force all of whose members are members of 

2 the Space National Guard.’’; and 

3 (B) in section 10101— 

4 (i) in the matter preceding paragraph 

5 (1), by inserting ‘‘the following’’ before the 

6 colon; and 

7 (ii) by adding at the end the following 

8 new paragraph: 

9 ‘‘(8) The Space National Guard of the United 

10 States.’’. 

11 (2) TITLE 32, UNITED STATES CODE.—Section 

12 101 of title 32, United States Code is amended— 

13 (A) by redesignating paragraphs (8) 

14 through (19) as paragraphs (10) through (21), 

15 respectively; and 

16 (B) by inserting after paragraph (7) the 

17 following new paragraphs: 

18 ‘‘(8) The term ‘Space National Guard’ means 

19 that part of the organized militia of the several 

20 States and territories, Puerto Rico, and the District 

21 of Columbia, in which the Space Force operates, ac22 tive and inactive, that— 

23 ‘‘(A) is a space force; 


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1 ‘‘(B) is trained, and has its officers ap2 pointed under the sixteenth clause of section 8, 

3 article I of the Constitution; 

4 ‘‘(C) is organized, armed, and equipped 

5 wholly or partly at Federal expense; and 

6 ‘‘(D) is federally recognized. 

7 ‘‘(9) The term ‘Space National Guard of the 

8 United States’ means the reserve component of the 

9 Space Force all of whose members are members of 

10 the Space National Guard.’’. 

11 (b) RESERVE COMPONENTS.—Chapter 1003 of title 

12 10, United States Code, is amended— 

13 (1) by adding at the end the following new sec14 tions: 

15 ‘‘§ 10115. Space National Guard of the United States: 

16 composition 

17 ‘‘The Space National Guard of the United States is 

18 the reserve component of the Space Force that consists 

19 of— 

20 ‘‘(1) federally recognized units and organiza21 tions of the Space National Guard; and 

22 ‘‘(2) members of the Space National Guard who 

23 are also Reserves of the Space Force. 


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1 ‘‘§ 10116. Space National Guard: when a component of 

2 the Space Force 

3 ‘‘The Space National Guard while in the service of 

4 the United States is a component of the Space Force. 

5 ‘‘§ 10117. Space National Guard of the United States: 

6 status when not in Federal service 

7 ‘‘When not on active duty, members of the Space Na8 tional Guard of the United States shall be administered, 

9 armed, equipped, and trained in their status as members 

10 of the Space National Guard.’’; and 

11 (2) in the table of sections at the beginning of 

12 such chapter, by adding at the end the following new 

13 items: 

‘‘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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