[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3692 Introduced in Senate (IS)]

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.

    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 ``Save Our Students Act''.

SEC. 2. NATIONAL GUARD SUPPORT FOR STATE AND LOCAL EFFORTS TO KEEP 
              SCHOOLS SAFE FROM VIOLENCE.

    (a) In General.--Chapter 1 of title 32, United States Code, is 
amended by inserting after section 112 the following new section:
``Sec. 112a. Support for State and local efforts to keep schools safe 
              from violence
    ``(a) Funding Assistance.--The Secretary of Defense may provide 
funds to the Governor of a State who submits to the Secretary a plan 
for the National Guard to supplement State and local efforts to keep 
schools safe from violence that satisfies the requirements of 
subsection (c). Such funds shall be used for the following:
            ``(1) The pay, allowances, clothing, subsistence, 
        gratuities, travel, and related expenses, as authorized by 
        State law, of personnel of the National Guard of that State 
        used, while not in Federal service, for the purpose of 
        supplementing State and local efforts to keep schools safe from 
        violence.
            ``(2) The operation and maintenance of the equipment and 
        facilities of the National Guard of that State used for the 
        purpose of supplementing State and local efforts to keep 
        schools safe from violence.
            ``(3) The procurement of services and equipment, and the 
        leasing of equipment, for the National Guard of that State used 
        for the purpose of supplementing State and local efforts to 
        keep schools safe from violence. However, the use of such funds 
        for the procurement of equipment may not exceed $5,000 per 
        item, unless approval for procurement of equipment in excess of 
        that amount is granted in advance by the Secretary of Defense.
    ``(b) Use of Personnel Performing Full-Time National Guard Duty.--
(1) Under regulations prescribed by the Secretary of Defense, personnel 
of the National Guard of a State may, in accordance with the plan 
referred to in subsection (c) with respect to the State concerned, be 
ordered to perform full-time National Guard duty under section 502(f) 
of this title for the purpose of supplementing State and local efforts 
to keep schools safe from violence.
    ``(2)(A) A member of the National Guard serving on full-time 
National Guard duty under orders authorized under paragraph (1) shall 
participate in the training required under section 502(a) of this title 
in addition to the duty performed for the purpose authorized under that 
paragraph. The pay, allowances, and other benefits of the member while 
participating in the training shall be the same as those to which the 
member is entitled while performing duty for the purpose of 
supplementing State and local efforts to keep schools safe from 
violence. The member is not entitled to additional pay, allowances, or 
other benefits for participation in training required under section 
502(a)(1) of this title.
    ``(B) To ensure that the use of units and personnel of the National 
Guard of a State pursuant to a plan referred to in subsection (c) does 
not degrade the training and readiness of such units and personnel, the 
following requirements shall apply in determining the activities 
supplementing State and local efforts to keep schools safe from 
violence that units and personnel of the National Guard of a State may 
perform:
            ``(i) The performance of the activities may not adversely 
        affect the quality of that training or otherwise interfere with 
        the ability of a member or unit of the National Guard to 
        perform the military functions of the member or unit.
            ``(ii) National Guard personnel will not degrade their 
        military skills as a result of performing the activities.
            ``(iii) The performance of the activities will not result 
        in a significant increase in the cost of training.
            ``(iv) In the case of activities supplementing State and 
        local efforts to keep schools safe from violence that are 
        performed by a unit organized to serve as a unit, the 
        activities will support valid unit training requirements.
    ``(3) A unit or member of the National Guard of a State may be 
used, pursuant to a plan referred to in subsection (c) that is approved 
by the Secretary of Defense under this section, to provide services or 
other assistance (other than air transportation) to an organization 
eligible to receive services under section 508 of this title if--
            ``(A) the plan specifically recognizes the organization as 
        being eligible to receive the services or assistance;
            ``(B) in the case of services, the performance of the 
        services meets the requirements of paragraphs (1) and (2) of 
        subsection (a) of section 508 of this title; and
            ``(C) the services or assistance is authorized under 
        subsection (b) or (c) of such section or in the plan.
    ``(c) Plan Requirements.--A plan to supplement State and local 
efforts to keep schools safe from violence under this subsection 
shall--
            ``(1) specify how personnel of the National Guard of that 
        State are to be used in supplementing State and local efforts 
        to keep schools safe from violence;
            ``(2) certify that those operations are to be conducted at 
        a time when the personnel involved are not in Federal service;
            ``(3) certify that participation by National Guard 
        personnel in those operations is service in addition to 
        training required under section 502 of this title;
            ``(4) certify that any engineer-type activities (as defined 
        by the Secretary of Defense) under the plan will be performed 
        only by units and members of the National Guard;
            ``(5) include a certification by the Attorney General of 
        the State (or, in the case of a State with no position of 
        Attorney General, a civilian official of the State equivalent 
        to a State attorney general) that the use of the National Guard 
        of the State for the activities proposed under the plan is 
        authorized by, and is consistent with, State law; and
            ``(6) certify that the Governor of the State or a civilian 
        law enforcement official of the State designated by the 
        Governor has determined that any activities included in the 
        plan that are carried out in conjunction with Federal law 
        enforcement agencies serve a State law enforcement purpose.
    ``(d) Examination of Plan.--(1) Before funds are provided to the 
Governor of a State under this section and before members of the 
National Guard of that State are ordered to full-time National Guard 
duty as authorized in subsection (b), the Secretary of Defense shall 
examine the adequacy of the plan submitted by the Governor under 
subsection (c).
    ``(2) Except as provided in paragraph (3), the Secretary of Defense 
shall carry out paragraph (1) in consultation with the Secretary of 
Education.
    ``(3) Paragraph (2) shall not apply if--
            ``(A) the Governor of a State submits a plan under 
        subsection (c) that is substantially the same as a plan 
        submitted for that State for a previous fiscal year; and
            ``(B) pursuant to the plan submitted for a previous fiscal 
        year, funds were provided to the State in accordance with 
        subsection (a) or personnel of the National Guard of the State 
        were ordered to perform full-time National Guard duty in 
        accordance with subsection (b).
    ``(e) End Strength Limitation.--(1) Except as provided in paragraph 
(2), at the end of a fiscal year there may not be more than 4,000 
members of the National Guard--
            ``(A) on full-time National Guard duty under section 502(f) 
        of this title to perform activities supplementing State and 
        local efforts to keep schools safe from violence pursuant to an 
        order to duty; or
            ``(B) on duty under State authority to activities 
        supplementing State and local efforts to keep schools safe from 
        violence pursuant to an order to duty with State pay and 
        allowances being reimbursed with funds provided under 
        subsection (a)(1).
    ``(2) The Secretary of Defense may increase the end strength 
authorized under paragraph (1) by not more than 20 percent for any 
fiscal year if the Secretary determines that such an increase is 
necessary in the national security interests of the United States.
    ``(f) Annual Report.--The Secretary of Defense shall submit to 
Congress on an annual basis a report regarding the assistance provided 
and activities carried out under this section during the preceding 
fiscal year. Each report shall include the following:
            ``(1) The number of members of the National Guard excluded 
        under subsection (e)(1) from the computation of end strengths.
            ``(2) A description of the activities to supplement State 
        and local efforts to keep schools safe from violence that were 
        conducted under plans referred to in subsection (c) with funds 
        provided under this section.
            ``(3) An accounting of the amount of funds provided to each 
        State.
            ``(4) A description of the effect on military training and 
        readiness of using units and personnel of the National Guard to 
        perform activities under the plans to supplement State and 
        local efforts to keep schools safe from violence.
    ``(g) Statutory Construction.--Nothing in this section shall be 
construed as a limitation on the authority of any unit of the National 
Guard of a State, when such unit is not in Federal service, to perform 
law enforcement functions authorized to be performed by the National 
Guard by the laws of the State concerned.
    ``(h) Definitions.--In this section:
            ``(1) The term `Governor of a State' means, in the case of 
        the District of Columbia, the Commanding General of the 
        National Guard of the District of Columbia.
            ``(2) The term `State' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, or a 
        territory or possession of the United States.''.
    (b)  Clerical Amendment.--The table of sections at the beginning of 
chapter 1 of such title is amended by inserting after the item relating 
to section 112 the following new item:

``112a. Support for State and local efforts to keep schools safe from 
                            violence.''.
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