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PRINTER'S NO. 1570
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1194
Session of
2022
INTRODUCED BY MENSCH, ROBINSON, MASTRIANO, J. WARD AND COSTA,
APRIL 11, 2022
REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
APRIL 11, 2022
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in military educational programs,
establishing the Military College Educational Assistance
Program; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 32 of Title 51 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER C
MILITARY COLLEGE
EDUCATIONAL ASSISTANCE PROGRAM
Sec.
3221. Definitions.
3222. Military College Educational Assistance Program.
3223. Eligibility.
3224. Program participation.
3225. Benefit.
3226. Limitations.
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3227. Recoupment of benefit payments.
3228. Administration.
§ 3221. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Agency." The Pennsylvania Higher Education Assistance
Agency.
"Approved institution of higher learning." An educational
institution offering a postsecondary program of education
located in this Commonwealth and approved by the agency.
"Benefit." The program grant which shall be given to an
eligible member's military college or approved institution of
higher learning who meets all of the requirements provided for
under this subchapter.
"Cadet." A military trainee enrolled in a military college.
"Early Commissioning Program." The United States Army ROTC
program that allows a graduate of a military junior college to
become a commissioned officer in the reserve components.
"Eligible member." A full-time student who is a member of
the Pennsylvania National Guard, is selected as a cadet, serves
as a Simultaneous Membership Program cadet in the Pennsylvania
National Guard and accepts a Pennsylvania National Guard
commission upon graduation from the military college.
"Full-time student." An eligible member enrolled in an
approved institution of higher learning pursuing an approved
degree-producing program of education equal to or greater than
12 credit hours per semester or its equivalent that is
recognized by the agency as a full-time course of study.
"Military college." The Valley Forge Military College of
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Pennsylvania.
"Military college tuition." The cost of attendance
established annually by the college administration, including
tuition and uniforms. The term does not include room and board,
books or technical fees.
"Program." The Military College Educational Assistance
Program established under section 3222 (relating to Military
College Educational Assistance Program).
"Simultaneous Membership Program." The Simultaneous
Membership Program in which a reserve officer trainee assigned
to a Pennsylvania Army National Guard unit participates
simultaneously as a contracted cadet in the ROTC Advanced Course
or Military Science I, II, III and IV levels of military
instruction taught at a university or college in accordance with
Cadet Command Regulation 145-11 (relating to Reserve Officers'
Training Corps Simultaneous Membership Program (SMP)) in effect
on the effective date of this section.
§ 3222. Military College Educational Assistance Program.
(a) Establishment.--The Military College Educational
Assistance Program is established. The purpose of the program is
t o provide benefits to eligible members. The program shall begin
no later than the 2023-2024 academic year.
(b) Funding.-- Money in the Educational Assistance Program
Fund shall be used to provide benefits under this subchapter and
may not be used for any other purpose or be transferred or
diverted to any other purpose by administrative action.
§ 3223. Eligibility.
An eligible member may apply for participation in the program
if the eligible member does or meets all of the following:
(1) Has been a satisfactory participant in Pennsylvania
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National Guard activities for a minimum service period
established by the Adjutant General or is a former eligible
member and has received a discharge other than a dishonorable
discharge.
(2) Has accepted an obligation to serve in the
Pennsylvania National Guard for a period of at least eight
years and has not accepted an obligation under Subchapter A
(relating to Educational Assistance Program) or Subchapter
A.1 (relating to Military Family Education Program) for the
same service period. The service obligation to the
Pennsylvania National Guard shall be two years as a cadet in
the military college and six years as a commissioned officer.
(3) Serves as a Simultaneous Membership Program cadet in
the Pennsylvania National Guard and accepts a Pennsylvania
National Guard commission upon graduation from the military
college.
(4) Provides proof of United States citizenship.
(5) Provides proof of meeting physical standards, in
effect on the effective date of this section, required to be
considered to serve in the United States Army.
(6) Provides proof of meeting academic standards, in
effect on the effective date of this section, required to be
considered to serve in the United States Army as a
commissioned officer.
(7) Provides a letter of intent.
(8) Provides a military college Professor of Military
Science letter of recommendation.
(9) Provides a letter of acceptance into the Early
Commissioning Program.
§ 3224. Program participation.
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(a) Selection.--The department, with the assistance of the
military college, shall evaluate the candidates for the program
and make recommendations to the Adjutant General for selection.
(b) Discharge for disability incurred in line of duty.--An
eligible member who is discharged for medical disability shall
be disenrolled from the program if the eligible member is unable
to fulfill the service obligation to the Pennsylvania National
Guard as required for the benefit under this subchapter.
(c) Academic or military disqualification standards.--An
eligible member who fails to meet academic or military
qualification standards shall be disenrolled from the program
under this subchapter.
(d) Conditional release from Simultaneous Membership
Program.--An eligible member may be released from Simultaneous
Membership Program status for voluntary or involuntary reasons.
The following apply:
(1) An applicant who completes the senior Army ROTC
program of instruction shall be released from Simultaneous
Membership Program status in order to be accessed into the
Pennsylvania National Guard as a commissioned officer.
Release from Simultaneous Membership Program status under
this subchapter shall terminate the eligible member's
enlistment contract in exchange for a new officer contract.
The eligible member shall incur an eight-year active drilling
contractual obligation to the Pennsylvania National Guard
upon appointment as a second lieutenant.
(2) An eligible member who voluntarily or involuntarily
becomes disenrolled from ROTC and is eligible to continue
military service shall remain in the Pennsylvania National
Guard as an enlisted soldier. An eligible member who becomes
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qualified as an enlisted soldier as provided under National
Guard Regulation 600-100 (relating to commissioned officers -
Federal recognition and related personnel actions) in effect
on the effective date of this section shall retain the
benefit previously awarded during Simultaneous Membership
Program status.
(3) An eligible member who voluntarily or involuntarily
becomes disenrolled from ROTC and is ineligible to continue
military service for reasons other than medical conditions
shall be discharged from the Pennsylvania National Guard as
provided under National Guard Regulations 600-100 and 600-200
(relating to enlisted personnel management), in effect on the
effective date of this section. An eligible member who is
discharged under this subchapter shall be subject to
recoupment under section 3227 (relating to recoupment of
benefit payments) .
§ 3225. Benefit.
(a) Provision.--From the money appropriated for the purposes
of this subchapter, benefit payments shall be provided to the
military college or approved institution of higher learning on
behalf of eligible members for the purpose of pursuing an
approved degree-producing program.
(b) Promissory note.--Prior to entry into the program, the
eligible member shall sign a promissory note obligating the
eligible member to repay the full amount of the benefit if the
eligible member fails to satisfactorily fulfill the service
obligation. The promissory note shall become payable upon
noncompletion of the service obligation under section 3227(a)
(relating to recoupment of benefit payments).
(c) Amount.--Benefits awarded under this subchapter shall be
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determined by the agency without regard to financial need and
may not exceed for each academic year the lesser of:
(1) the rate of military college tuition for the
approved degree-producing program in which the eligible
member is enrolled; or
(2) the annual tuition rate charged by a State System of
Higher Education institution for the academic year.
(d) Other grants and financial aid.--
(1) The agency may not reduce the amount of other agency
grants or aid for which the eligible member qualifies on
account of the eligible member's eligibility for or receipt
of a benefit under this subchapter.
(2) Prior to making a benefit payment under this
subchapter, the approved institution of higher learning
shall first consider any Federal tuition assistance received
by the eligible member and shall award a benefit under this
subchapter if the eligible member requires additional
financial aid to cover the costs of attendance for an
approved degree-producing program.
(3) A benefit under this subchapter shall be paid or
refunded to the eligible member for approved costs of
attendance.
(4) Benefits authorized under this section shall be
reduced so that the total of Federal and State military
education benefits, as administered by the Pennsylvania
National Guard, does not exceed 100% of the costs of
attendance.
(e) Adjustments.--If the agency and the Adjutant General
determine that the amount appropriated for the program in any
year will be insufficient to provide benefits in the amounts
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specified in this section to each eligible member, the agency
and the department may reduce the maximum amount of the benefits
proportionately or set a limit on the number of participants to
ensure that sums expended do not exceed appropriations.
(f) Limit on charges.--Eligible members attending a State
System of Higher Education institution may not be charged
additional tuition above the annual tuition rate.
(g) Limit on tuition.--A State System of Higher Education
institution may not charge an eligible member more than the in-
State rate.
§ 3226. Limitations.
An eligible member may not assign more than five academic
years or their equivalent, as determined by the agency.
§ 3227. Recoupment of benefit payments.
(a) Liability.--An eligible member who fails to meet the
eight-year service obligation of this subchapter or other
requirements established by the Adjutant General or the agency
shall be liable to the Commonwealth for repayment of all or part
of benefit payments made. The Adjutant General shall notify the
agency if an eligible member fails to complete the service
obligation and the promissory note under section 3225(b)
(relating to benefit) shall be repaid by the eligible member
upon demand of the agency on a schedule as the agency may
determine.
(b) Forgiveness of recoupment.--Upon notification by the
Adjutant General, the agency shall forgive recoupment of all or
part of an eligible member's benefit payments if the Adjutant
General determines that the eligible member's failure to fulfill
the eight-year service obligation is the result of one of the
following:
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(1) The eligible member's death.
(2) The eligible member's discharge because of
disability incurred in the line of duty.
(3) The eligible member's discharge because of a medical
determination that the eligible member is medically unfit for
duty if the medical condition is outside the eligible
member's control and is not due to the eligible member's
misconduct.
(4) The existence of other compelling circumstances that
warrant forgiveness.
§ 3228. Administration.
The department shall issue guidelines to implement and
administer this subchapter.
Section 2. Subchapter C heading of Chapter 32 of Title 51 is
amended to read:
SUBCHAPTER [C] D
MISCELLANEOUS PROVISIONS
Section 3. Sections 3221 and 3222 of Title 51 are renumbered
to read:
§ [3221] 3231. Regulations.
The Adjutant General shall promulgate regulations to carry
out the provisions of this chapter.
§ [3222] 3232. Administration.
The General Assembly may appropriate funds to pay for grants
under Subchapter B (relating to Medical Officer or Health
Officer Incentive Program).
Section 4. This act shall take effect in 60 days.
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