[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5112 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5112

                 To establish the Space National Guard.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 27, 2021

 Mr. Crow (for himself and Mr. Lamborn) introduced the following bill; 
         which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
                 To establish the Space National Guard.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Space National Guard Establishment 
Act''.

SEC. 2. ESTABLISHMENT OF SPACE NATIONAL GUARD.

    (a) Establishment.--
            (1) In general.--There is established a Space National 
        Guard that is part of the organized militia of the several 
        States and Territories, Puerto Rico, and the District of 
        Columbia--
                    (A) in which the Space Force operates; and
                    (B) active and inactive.
            (2) Reserve component.--There is established a Space 
        National Guard of the United States that is the reserve 
        component of the United States Space Force all of whose members 
        are members of the Space National Guard.
    (b) Composition.--The Space National Guard shall be composed of the 
Space National Guard forces of the several States and Territories, 
Puerto Rico, and the District of Columbia--
            (1) in which the Space Force operates; and
            (2) active and inactive.

SEC. 3. NO EFFECT ON MILITARY INSTALLATIONS.

    Nothing in this subtitle, or the amendments made by this subtitle, 
shall be construed to authorize or require the relocation of any 
facility, infrastructure, or military installation of the Space 
National Guard or Air National Guard.

SEC. 4. IMPLEMENTATION OF SPACE NATIONAL GUARD.

    (a) Requirement.--Except as specifically provided by this subtitle, 
the Secretary of the Air Force and Chief of the National Guard Bureau 
shall implement this subtitle, and the amendments made by this 
subtitle, not later than 18 months after the date of the enactment of 
this Act.
    (b) Briefings.--Not later than 90 days after the date of the 
enactment of this Act, and annually for the five subsequent years, the 
Secretary of the Air Force, Chief of the Space Force and Chief of the 
National Guard Bureau shall jointly provide to the congressional 
defense committees a briefing on the status of the implementation of 
the Space National Guard pursuant to this subtitle and the amendments 
made by this subtitle. This briefing shall address the current 
missions, operations and activities, personnel requirements and status, 
and budget and funding requirements and status of the Space National 
Guard, and such other matters with respect to the implementation and 
operation of the Space National Guard as the Secretary and the Chiefs 
jointly determine appropriate to keep Congress fully and currently 
informed on the status of the implementation of the Space National 
Guard.

SEC. 5. CONFORMING AMENDMENTS AND CLARIFICATION OF AUTHORITIES.

    (a) Definitions.--
            (1) Title 10, united states code.--Title 10, United States 
        Code, is amended--
                    (A) in section 101--
                            (i) in subsection (c)--
                                    (I) by redesignating paragraphs (6) 
                                and (7) as paragraphs (8) and (9), 
                                respectively; and
                                    (II) by inserting after paragraph 
                                (5) the following new paragraphs:
            ``(6) The term `Space National Guard' means that part of 
        the organized militia of the several States and territories, 
        Puerto Rico, and the District of Columbia, active and inactive, 
        that--
                    ``(A) is a space force;
                    ``(B) is trained, and has its officers appointed 
                under the sixteenth clause of section 8, article I of 
                the Constitution;
                    ``(C) is organized, armed, and equipped wholly or 
                partly at Federal expense; and
                    ``(D) is federally recognized.
            ``(7) The term `Space National Guard of the United States' 
        means the reserve component of the Space Force all of whose 
        members are members of the Space National Guard.''; and
                    (B) in section 10101--
                            (i) in the matter preceding paragraph (1), 
                        by inserting ``the following'' before the 
                        colon; and
                            (ii) by adding at the end the following new 
                        paragraph:
            ``(8) The Space National Guard of the United States.''.
            (2) Title 32, united states code.--Section 101 of title 32, 
        United States Code is amended--
                    (A) by redesignating paragraphs (8) through (19) as 
                paragraphs (10) and (21), respectively; and
                    (B) by inserting after paragraph (7) the following 
                new paragraphs:
            ``(8) The term `Space National Guard' means that part of 
        the organized militia of the several States and territories, 
        Puerto Rico, and the District of Columbia, in which the Space 
        Force operates, active and inactive, that--
                    ``(A) is a space force;
                    ``(B) is trained, and has its officers appointed 
                under the sixteenth clause of section 8, article I of 
                the Constitution;
                    ``(C) is organized, armed, and equipped wholly or 
                partly at Federal expense; and
                    ``(D) is federally recognized.
            ``(9) The term `Space National Guard of the United States' 
        means the reserve component of the Space Force all of whose 
        members are members of the Space National Guard.''.
    (b) Reserve Components.--Chapter 1003 of title 10, United States 
Code, is amended--
            (1) by adding at the end the following new sections:
``Sec. 10115. Space National Guard of the United States: composition
    ``The Space National Guard of the United States is the reserve 
component of the Space Force that consists of--
            ``(1) federally recognized units and organizations of the 
        Space National Guard; and
            ``(2) members of the Space National Guard who are also 
        Reserves of the Space Force.
``Sec. 10116. Space National Guard: when a component of the Space Force
    ``The Space National Guard while in the service of the United 
States is a component of the Space Force.
``Sec. 10117. Space National Guard of the United States: status when 
              not in Federal service
    ``When not on active duty, members of the Space National Guard of 
the United States shall be administered, armed, equipped, and trained 
in their status as members of the Space National Guard.''; and
            (2) in the table of sections at the beginning of such 
        chapter, by adding at the end the following new 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.''.
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