II 

112TH CONGRESS 

2D SESSION S. 3692 

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 

DECEMBER 19, 2012 

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.—The Secretary of De10 fense may provide funds to the Governor of a State who 

11 submits to the Secretary a plan for the National Guard 

12 to supplement State and local efforts to keep schools safe 

13 from violence that satisfies the requirements of subsection 

14 (c). Such funds shall be used for the following: 

15 ‘‘(1) The pay, allowances, clothing, subsistence, 

16 gratuities, travel, and related expenses, as author17 ized by State law, of personnel of the National 

18 Guard of that State used, while not in Federal serv19 ice, for the purpose of supplementing State and local 

20 efforts to keep schools safe from violence. 

21 ‘‘(2) The operation and maintenance of the 

22 equipment and facilities of the National Guard of 

23 that State used for the purpose of supplementing 

24 State and local efforts to keep schools safe from vio25 lence. 


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1 ‘‘(3) The procurement of services and equip2 ment, and the leasing of equipment, for the National 

3 Guard of that State used for the purpose of 

4 supplementing State and local efforts to keep schools 

5 safe from violence. However, the use of such funds 

6 for the procurement of equipment may not exceed 

7 $5,000 per item, unless approval for procurement of 

8 equipment in excess of that amount is granted in ad9 vance by the Secretary of Defense. 

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

11 NATIONAL GUARD DUTY.—(1) Under regulations pre12 scribed by the Secretary of Defense, personnel of the Na13 tional Guard of a State may, in accordance with the plan 

14 referred to in subsection (c) with respect to the State con15 cerned, be ordered to perform full-time National Guard 

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

17 supplementing State and local efforts to keep schools safe 

18 from violence. 

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

20 full-time National Guard duty under orders authorized 

21 under paragraph (1) shall participate in the training re22 quired under section 502(a) of this title in addition to the 

23 duty performed for the purpose authorized under that 

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

25 member while participating in the training shall be the 


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1 same as those to which the member is entitled while per2 forming duty for the purpose of supplementing State and 

3 local efforts to keep schools safe from violence. The mem4 ber is not entitled to additional pay, allowances, or other 

5 benefits for participation in training required under sec6 tion 502(a)(1) of this title. 

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

8 of the National Guard of a State pursuant to a plan re9 ferred to in subsection (c) does not degrade the training 

10 and readiness of such units and personnel, the following 

11 requirements shall apply in determining the activities 

12 supplementing State and local efforts to keep schools safe 

13 from violence that units and personnel of the National 

14 Guard of a State may perform: 

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

16 adversely affect the quality of that training or other17 wise interfere with the ability of a member or unit 

18 of the National Guard to perform the military func19 tions of the member or unit. 

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

21 their military skills as a result of performing the ac22 tivities. 

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

24 result in a significant increase in the cost of train25 ing. 


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

2 State and local efforts to keep schools safe from vio3 lence that are performed by a unit organized to 

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

5 training requirements. 

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

7 State may be used, pursuant to a plan referred to in sub8 section (c) that is approved by the Secretary of Defense 

9 under this section, to provide services or other assistance 

10 (other than air transportation) to an organization eligible 

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

12 ‘‘(A) the plan specifically recognizes the organi13 zation as being eligible to receive the services or as14 sistance; 

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

16 the services meets the requirements of paragraphs 

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

18 title; and 

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

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

21 plan. 

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

23 State and local efforts to keep schools safe from violence 

24 under this subsection shall— 


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

2 Guard of that State are to be used in supplementing 

3 State and local efforts to keep schools safe from vio4 lence; 

5 ‘‘(2) certify that those operations are to be con6 ducted at a time when the personnel involved are not 

7 in Federal service; 

8 ‘‘(3) certify that participation by National 

9 Guard personnel in those operations is service in ad10 dition to training required under section 502 of this 

11 title; 

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

13 defined by the Secretary of Defense) under the plan 

14 will be performed only by units and members of the 

15 National Guard; 

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

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

18 no position of Attorney General, a civilian official of 

19 the State equivalent to a State attorney general) 

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

21 the activities proposed under the plan is authorized 

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

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

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1 tivities included in the plan that are carried out in 

2 conjunction with Federal law enforcement agencies 

3 serve a State law enforcement purpose. 

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

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

6 before members of the National Guard of that State are 

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

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

9 adequacy of the plan submitted by the Governor under 

10 subsection (c). 

11 ‘‘(2) Except as provided in paragraph (3), the Sec12 retary of Defense shall carry out paragraph (1) in con13 sultation with the Secretary of Education. 

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

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

16 under subsection (c) that is substantially the same 

17 as a plan submitted for that State for a previous fis18 cal year; and 

19 ‘‘(B) pursuant to the plan submitted for a pre20 vious fiscal year, funds were provided to the State 

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

22 National Guard of the State were ordered to per23 form full-time National Guard duty in accordance 

24 with subsection (b). 


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

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

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

4 Guard— 

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

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

7 supplementing State and local efforts to keep schools 

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

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

10 supplementing State and local efforts to keep schools 

11 safe from violence pursuant to an order to duty with 

12 State pay and allowances being reimbursed with 

13 funds provided under subsection (a)(1). 

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

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

16 20 percent for any fiscal year if the Secretary determines 

17 that such an increase is necessary in the national security 

18 interests of the United States. 

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

20 shall submit to Congress on an annual basis a report re21 garding the assistance provided and activities carried out 

22 under this section during the preceding fiscal year. Each 

23 report shall include the following: 


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

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

3 computation of end strengths. 

4 ‘‘(2) A description of the activities to supple5 ment State and local efforts to keep schools safe 

6 from violence that were conducted under plans re7 ferred to in subsection (c) with funds provided under 

8 this section. 

9 ‘‘(3) An accounting of the amount of funds pro10 vided to each State. 

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

12 training and readiness of using units and personnel 

13 of the National Guard to perform activities under 

14 the plans to supplement State and local efforts to 

15 keep schools safe from violence. 

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

17 section shall be construed as a limitation on the authority 

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

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

20 functions authorized to be performed by the National 

21 Guard by the laws of the State concerned. 

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

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

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1 manding General of the National Guard of the Dis2 trict of Columbia. 

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

4 States, the District of Columbia, the Commonwealth 

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

6 United States.’’. 

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

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

9 inserting after the item relating to section 112 the fol10 lowing new item: 

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

Æ 


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