II 

113TH CONGRESS 

1ST SESSION S. 145 

To amend title 32, United States Code, to authorize National Guard support 

for State and local efforts to keep schools safe from violence, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24 (legislative day, JANUARY 3), 2013 

Mrs. BOXER introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To amend title 32, United States Code, to authorize National 

Guard support for State and local efforts to keep schools 

safe from violence, and for other purposes. 

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 ‘‘Save Our Students 

5 Act’’. 


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1 SEC. 2. NATIONAL GUARD SUPPORT FOR STATE AND LOCAL 

2 EFFORTS TO KEEP SCHOOLS SAFE FROM VIO3 LENCE. 

4 (a) IN GENERAL.—Chapter 1 of title 32, United 

5 States Code, is amended by inserting after section 112 the 

6 following new section: 

7 ‘‘§ 112a. Support for State and local efforts to keep 

8 schools safe from violence 

9 ‘‘(a) FUNDING ASSISTANCE.— 

10 ‘‘(1) PLAN REQUIREMENT.—The Secretary of 

11 Defense may provide funds to the Governor of a 

12 State who submits to the Secretary a plan for using 

13 National Guard personnel for the sole purposes of— 

14 ‘‘(A) performing administrative functions 

15 otherwise performed by State and local law en16 forcement personnel for purposes of enabling 

17 such law enforcement personnel to be dis18 patched to keep schools and students safe from 

19 violence; 

20 ‘‘(B) helping conduct school security as21 sessments and safety plans; and 

22 ‘‘(C) conducting capital improvements re23 lated to enhancing school and student safety. 

24 ‘‘(2) USE OF FUNDS.—Such funds shall be used 

25 for the following: 


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1 ‘‘(A) The pay, allowances, clothing, sub2 sistence, gratuities, travel, and related expenses, 

3 as authorized by State law, of personnel of the 

4 National Guard of that State used, while not in 

5 Federal service, for the purpose of 

6 supplementing State and local efforts to keep 

7 schools safe from violence. 

8 ‘‘(B) The operation and maintenance of 

9 the equipment and facilities of the National 

10 Guard of that State used for the purpose of 

11 supplementing State and local efforts to keep 

12 schools safe from violence. 

13 ‘‘(C) The procurement of services and 

14 equipment, and the leasing of equipment, for 

15 the National Guard of that State used for the 

16 purpose of supplementing State and local ef17 forts to keep schools safe from violence. How18 ever, the use of such funds for the procurement 

19 of equipment may not exceed $5,000 per item, 

20 unless approval for procurement of equipment 

21 in excess of that amount is granted in advance 

22 by the Secretary of Defense. 

23 ‘‘(b) USE OF PERSONNEL PERFORMING FULL-TIME

24 NATIONAL GUARD DUTY.—(1) Under regulations pre25 scribed by the Secretary of Defense, personnel of the NaVerDate Mar 15 2010 04:33 Feb 06, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S145.IS S145

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1 tional Guard of a State may, in accordance with the plan 

2 referred to in subsection (c) with respect to the State con3 cerned, be ordered to perform full-time National Guard 

4 duty under section 502(f) of this title for the purpose of 

5 supplementing State and local efforts to keep schools safe 

6 from violence. 

7 ‘‘(2)(A) A member of the National Guard serving on 

8 full-time National Guard duty under orders authorized 

9 under paragraph (1) shall participate in the training re10 quired under section 502(a) of this title in addition to the 

11 duty performed for the purpose authorized under that 

12 paragraph. The pay, allowances, and other benefits of the 

13 member while participating in the training shall be the 

14 same as those to which the member is entitled while per15 forming duty for the purpose of supplementing State and 

16 local efforts to keep schools safe from violence. The mem17 ber is not entitled to additional pay, allowances, or other 

18 benefits for participation in training required under sec19 tion 502(a)(1) of this title. 

20 ‘‘(B) To ensure that the use of units and personnel 

21 of the National Guard of a State pursuant to a plan re22 ferred to in subsection (c) does not degrade the training 

23 and readiness of such units and personnel, the following 

24 requirements shall apply in determining the activities 

25 supplementing State and local efforts to keep schools safe 


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1 from violence that units and personnel of the National 

2 Guard of a State may perform: 

3 ‘‘(i) The performance of the activities may not 

4 adversely affect the quality of that training or other5 wise interfere with the ability of a member or unit 

6 of the National Guard to perform the military func7 tions of the member or unit. 

8 ‘‘(ii) National Guard personnel will not degrade 

9 their military skills as a result of performing the ac10 tivities. 

11 ‘‘(iii) The performance of the activities will not 

12 result in a significant increase in the cost of train13 ing. 

14 ‘‘(iv) In the case of activities supplementing 

15 State and local efforts to keep schools safe from vio16 lence that are performed by a unit organized to 

17 serve as a unit, the activities will support valid unit 

18 training requirements. 

19 ‘‘(3) A unit or member of the National Guard of a 

20 State may be used, pursuant to a plan referred to in sub21 section (c) that is approved by the Secretary of Defense 

22 under this section, to provide services or other assistance 

23 (other than air transportation) to an organization eligible 

24 to receive services under section 508 of this title if— 


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1 ‘‘(A) the plan specifically recognizes the organi2 zation as being eligible to receive the services or as3 sistance; 

4 ‘‘(B) in the case of services, the performance of 

5 the services meets the requirements of paragraphs 

6 (1) and (2) of subsection (a) of section 508 of this 

7 title; and 

8 ‘‘(C) the services or assistance is authorized 

9 under subsection (b) or (c) of such section or in the 

10 plan. 

11 ‘‘(c) PLAN REQUIREMENTS.—A plan to supplement 

12 State and local efforts to keep schools safe from violence 

13 under this subsection shall— 

14 ‘‘(1) specify how personnel of the National 

15 Guard of that State are to be used in supplementing 

16 State and local efforts to keep schools safe from vio17 lence; 

18 ‘‘(2) certify that those operations are to be con19 ducted at a time when the personnel involved are not 

20 in Federal service; 

21 ‘‘(3) certify that participation by National 

22 Guard personnel in those operations is service in ad23 dition to training required under section 502 of this 

24 title; 


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1 ‘‘(4) certify that any engineer-type activities (as 

2 defined by the Secretary of Defense) under the plan 

3 will be performed only by units and members of the 

4 National Guard; 

5 ‘‘(5) include a certification by the Attorney 

6 General of the State (or, in the case of a State with 

7 no position of Attorney General, a civilian official of 

8 the State equivalent to a State attorney general) 

9 that the use of the National Guard of the State for 

10 the activities proposed under the plan is authorized 

11 by, and is consistent with, State law; and 

12 ‘‘(6) certify that the Governor of the State or 

13 a civilian law enforcement official of the State des14 ignated by the Governor has determined that any ac15 tivities included in the plan that are carried out in 

16 conjunction with Federal law enforcement agencies 

17 serve a State law enforcement purpose. 

18 ‘‘(d) EXAMINATION OF PLAN.—(1) Before funds are 

19 provided to the Governor of a State under this section and 

20 before members of the National Guard of that State are 

21 ordered to full-time National Guard duty as authorized in 

22 subsection (b), the Secretary of Defense shall examine the 

23 adequacy of the plan submitted by the Governor under 

24 subsection (c). 


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1 ‘‘(2) Except as provided in paragraph (3), the Sec2 retary of Defense shall carry out paragraph (1) in con3 sultation with the Secretary of Education. 

4 ‘‘(3) Paragraph (2) shall not apply if— 

5 ‘‘(A) the Governor of a State submits a plan 

6 under subsection (c) that is substantially the same 

7 as a plan submitted for that State for a previous fis8 cal year; and 

9 ‘‘(B) pursuant to the plan submitted for a pre10 vious fiscal year, funds were provided to the State 

11 in accordance with subsection (a) or personnel of the 

12 National Guard of the State were ordered to per13 form full-time National Guard duty in accordance 

14 with subsection (b). 

15 ‘‘(e) END STRENGTH LIMITATION.—(1) Except as 

16 provided in paragraph (2), at the end of a fiscal year there 

17 may not be more than 4,000 members of the National 

18 Guard— 

19 ‘‘(A) on full-time National Guard duty under 

20 section 502(f) of this title to perform activities 

21 supplementing State and local efforts to keep schools 

22 safe from violence pursuant to an order to duty; or 

23 ‘‘(B) on duty under State authority to activities 

24 supplementing State and local efforts to keep schools 

25 safe from violence pursuant to an order to duty with 


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1 State pay and allowances being reimbursed with 

2 funds provided under subsection (a)(2)(A). 

3 ‘‘(2) The Secretary of Defense may increase the end 

4 strength authorized under paragraph (1) by not more than 

5 20 percent for any fiscal year if the Secretary determines 

6 that such an increase is necessary in the national security 

7 interests of the United States. 

8 ‘‘(f) ANNUAL REPORT.—The Secretary of Defense 

9 shall submit to Congress on an annual basis a report re10 garding the assistance provided and activities carried out 

11 under this section during the preceding fiscal year. Each 

12 report shall include the following: 

13 ‘‘(1) The number of members of the National 

14 Guard excluded under subsection (e)(1) from the 

15 computation of end strengths. 

16 ‘‘(2) A description of the activities to supple17 ment State and local efforts to keep schools safe 

18 from violence that were conducted under plans re19 ferred to in subsection (c) with funds provided under 

20 this section. 

21 ‘‘(3) An accounting of the amount of funds pro22 vided to each State. 

23 ‘‘(4) A description of the effect on military 

24 training and readiness of using units and personnel 

25 of the National Guard to perform activities under 


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1 the plans to supplement State and local efforts to 

2 keep schools safe from violence. 

3 ‘‘(g) STATUTORY CONSTRUCTION.—Nothing in this 

4 section shall be construed as a limitation on the authority 

5 of any unit of the National Guard of a State, when such 

6 unit is not in Federal service, to perform law enforcement 

7 functions authorized to be performed by the National 

8 Guard by the laws of the State concerned. 

9 ‘‘(h) DEFINITIONS.—In this section: 

10 ‘‘(1) The term ‘Governor of a State’ means, in 

11 the case of the District of Columbia, the Com12 manding General of the National Guard of the Dis13 trict of Columbia. 

14 ‘‘(2) The term ‘State’ means each of the several 

15 States, the District of Columbia, the Commonwealth 

16 of Puerto Rico, or a territory or possession of the 

17 United States. 

18 ‘‘(3) The term ‘supplementing State and local 

19 efforts to keep schools safe from violence’ means 

20 supporting State and local efforts to keep schools 

21 and students safe from violence pursuant to a plan 

22 described under subsection (a).’’. 

23 (b) CLERICAL AMENDMENT.—The table of sections 

24 at the beginning of chapter 1 of such title is amended by 


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1 inserting after the item relating to section 112 the fol2 lowing new item: 

‘‘112a. Support for State and local efforts to keep schools safe from violence.’’. 

Æ 


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