1.This Act may be cited as the
Save Our Students
Act
.
2.National Guard support
for State and local efforts to keep schools safe from violence
(a)Chapter 1 of title
32, United States Code, is amended by inserting after section 112 the following
new section:
112a.Support for
State and local efforts to keep schools safe from violence
(a)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)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)(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)(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)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)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)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)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.
.