HB 1264 — An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, in Department of Military and Veterans Affairs, further providing for Fort Indiantown Gap; and establishing the Service Members, Veterans and their Families Fund.

PRINTER'S NO.    1407

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1264
                                                Session of
                                                  2025

     INTRODUCED BY FLEMING, DIAMOND, MADSEN, KERWIN, DAVIDSON,
        MEHAFFIE, WEBSTER, GIRAL, HILL-EVANS, GUZMAN, PIELLI, COOK,
        SOLOMON, SANCHEZ, STENDER, McNEILL, GUENST, NEILSON AND
        D. WILLIAMS, APRIL 17, 2025

     REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
        PREPAREDNESS, APRIL 17, 2025


                                     AN ACT
 1   Amending Title 51 (Military Affairs) of the Pennsylvania
 2      Consolidated Statutes, in Department of Military and Veterans
 3      Affairs, further providing for Fort Indiantown Gap; and
 4      establishing the Service Members, Veterans and their Families
 5      Fund.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Section 708(b), (c) and (d) of Title 51 of the
 9   Pennsylvania Consolidated Statutes are amended and the section
10   is amended by adding subsections to read:
11   § 708.   Fort Indiantown Gap.
12      * * *
13      (b)   Lease of installation.--
14            (1)   The Adjutant General is authorized to enter into
15      agreements with the Federal Government and state governments
16      for the purpose of permitting [soldiers] units under their
17      command to use the real estate and equipment at Fort
18      Indiantown Gap for military training purposes[.], for
 1    emergency response training and to support the quality of
 2    life of service members, veterans and their families.
 3        (2)   In addition to the authority of the State Armory
 4    Board under section 1509 (relating to rental or lease of
 5    armories and of buildings or structures at Fort Indiantown
 6    Gap) and to any other law relating to the leasing of
 7    Commonwealth property, the Adjutant General may lease any
 8    portion of the real property of Fort Indiantown Gap to an
 9    individual or a public or nonpublic entity, including a
10    private commercial interest, to construct and operate a
11    revenue-generating business or nonprofit that meets all of
12    the following criteria:
13              (i)    The business benefits the residents of the local
14        community in the vicinity of Fort Indiantown Gap and the
15        personnel of Fort Indiantown Gap and their families.
16              (ii)    The business generates revenue for deposit into
17        the Service Members, Veterans and their Families Fund
18        established under subsection (f).
19        (3)   If the Adjutant General opts to lease any portion of
20    the real property of Fort Indiantown Gap for the purpose
21    specified under paragraph (2), the Adjutant General shall
22    have the following duties:
23              (i)    Select a prospective lessee to construct and
24        operate the revenue-generating business or nonprofit. In
25        selecting a prospective lessee under this subparagraph,
26        the Adjutant General shall consider all of the following:
27                     (A)   The ability of the prospective lessee to
28              provide an array of items or services as determined
29              by the Adjutant General.
30                     (B)   The degree to which the items or services

20250HB1264PN1407                     - 2 -
 1              offered by the prospective lessee benefit the
 2              residents of the local community in the vicinity of
 3              Fort Indiantown Gap.
 4                     (C)   The degree to which the items or services
 5              offered by the prospective lessee benefit the
 6              personnel of Fort Indiantown Gap and their families.
 7                     (D)   The experience of the prospective lessee in
 8              operating the proposed type of revenue-generating
 9              business or nonprofit, giving greater weight to the
10              number of years of experience, the number of years
11              operating within this Commonwealth and the total
12              number of similar businesses owned or operated by the
13              prospective lessee.
14              (ii)    Establish the terms and conditions of the
15        lease, including the period of the lease. The terms and
16        conditions of the lease shall state that the lessee is
17        required to operate a revenue-generating business or
18        nonprofit during the period of the lease and the
19        Commonwealth is not liable for a claim associated with
20        the lessee or with the operation of the revenue-
21        generating business or nonprofit.
22        (4)   The Adjutant General may delegate the duties
23    specified under paragraph (2) or (3) to an employee or office
24    of the department as the Adjutant General deems appropriate.
25        (5)   A determination by the Adjutant General or a
26    delegate under paragraph (2) or (3), including a
27    determination relating to the selection criteria for a
28    prospective lessee, the selection of a lessee, expenditures
29    or required forms or reports, shall not be subject to any of
30    the following:

20250HB1264PN1407                     - 3 -
 1                  (i)    Administrative or judicial review under 2
 2            Pa.C.S. Chs. 5 Subch. A (relating to practice and
 3            procedure of Commonwealth agencies) and 7 Subch. A
 4            (relating to judicial review of Commonwealth agency
 5            action) or 62 Pa.C.S. Ch. 17 Subch. C (relating to board
 6            of claims).
 7                  (ii)    The act of July 31, 1968 (P.L.769, No.240),
 8            referred to as the Commonwealth Documents Law.
 9                  (iii)    The act of October 15, 1980 (P.L.950, No.164),
10            known as the Commonwealth Attorneys Act.
11                  (iv)    The act of June 25, 1982 (P.L.633, No.181),
12            known as the Regulatory Review Act.
13                  (v)    The provisions of 62 Pa.C.S. Pt. I (relating to
14            Commonwealth Procurement Code).
15            (6)   Nothing in this subsection shall be construed to be
16      a waiver of sovereign immunity for the purpose of 1 Pa.C.S. §
17      2310 (relating to sovereign immunity reaffirmed; specific
18      waiver) or otherwise.
19      (c)   [Real] Purchase of real estate.--Upon the request of the
20   Adjutant General and with the approval of the Governor, the
21   Secretary of General Services is authorized to purchase lands
22   adjacent to Fort Indiantown Gap and to accept on behalf of the
23   department and the Commonwealth any improvements or
24   appurtenances to the lands comprising the installation.
25      (d)   [Morale, recreation and welfare.--] Quality of life
26   programs.--
27            (1)   The Adjutant General is authorized to operate
28      facilities and organize activities and programs at Fort
29      Indiantown Gap and at the department's facilities for the
30      purpose of improving the [morale, welfare and] quality of

20250HB1264PN1407                       - 4 -
 1    life of service members,[ military dependents and veterans.]
 2    veterans and their families. The Adjutant General shall
 3    design the activities and programs to support military
 4    readiness through all of the following:
 5                 (i)    Physical fitness and well-being.
 6                 (ii)    Personal growth and development.
 7                 (iii)    Social interaction and camaraderie.
 8                 (iv)    Opportunities for leisure and recreation and
 9           discounts on travel, tickets and lodging.
10           (2)   The Adjutant General is [also] authorized to enter
11    into concession agreements with private organizations for the
12    continued operation of a canteen, exchange, commissary,
13    restaurant or other enterprise which will improve the morale
14    or welfare of [active, retired or reserve members.] service
15    members, veterans and their families.
16           (3)   These operations, facilities, activities and
17    programs must be financially self-sustaining, and any income,
18    including fees and charges, derived from the concession
19    agreements and the operation of the facilities, activities
20    and programs shall be deposited by the Adjutant General [with
21    a bank or trust company. Moneys in the account may only be
22    used for the continued operation of the facilities,
23    activities or programs at Fort Indiantown Gap. Any Federal
24    funds specifically designated to assist the Adjutant General
25    in implementing this subsection are hereby appropriated to
26    the department for these purposes.] into the Service Members,
27    Veterans and their Families Fund established under subsection
28    (f).
29           (4)   No General Fund moneys or other State funds shall be
30    used for the purposes authorized under this subsection. [An

20250HB1264PN1407                      - 5 -
 1    audit of all accounts under this subsection must be conducted
 2    annually on the State fiscal year basis, and the department
 3    shall provide a copy of the audit to the Secretary of the
 4    Budget.]
 5    * * *
 6    (f)   Service Members, Veterans and their Families Fund.--
 7          (1)   The Service Members, Veterans and their Families
 8    Fund is established as a restricted fund in the State
 9    Treasury. Revenue generated from lessees under subsection (b)
10    shall be paid into the State Treasury and deposited into the
11    Service Members, Veterans and their Families Fund.
12          (2)   The department may accept, on behalf of the
13    Commonwealth, gifts, donations, legacies and usages of money
14    from individuals, organizations, public or private
15    corporations and other similar entities and solicit and raise
16    money from public and private sources for the purpose of the
17    Service Members, Veterans and their Families Fund. All money
18    received and raised under this paragraph shall be paid into
19    the State Treasury and credited to the Service Members,
20    Veterans and their Families Fund.
21          (3)   The department shall expend money from the Service
22    Members, Veterans and their Families Fund for the following
23    purposes:
24                (i)    The continued operation of quality of life
25          activities and programs in this Commonwealth that benefit
26          service members, veterans and their families under
27          subsection (d).
28                (ii)    The development of new activities and programs
29          in this Commonwealth to benefit service members, veterans
30          and their families under subsection (d).

20250HB1264PN1407                     - 6 -
 1              (iii)    Grants to governmental and nonprofit
 2        organizations that provide activities and programs to
 3        benefit service members, veterans and their families
 4        under subsection (d).
 5              (iv)    Provide morale, welfare and recreation support
 6        to Pennsylvania National Guard units deployed outside of
 7        this Commonwealth.
 8        (4)   Money in the Service Members, Veterans and their
 9    Families Fund is appropriated on a continuing basis to the
10    department for the purposes specified under paragraph (3).
11        (5)   Income generated from leases under subsection (b)
12    shall:
13              (i)    Be used for, to the best extent possible, the
14        quality of life activities and programs specified under
15        subsection (d)(1).
16              (ii)    Be reevaluated every year by the Veterans
17        Affairs and Emergency Preparedness Committee of the
18        Senate and the Veterans Affairs and Emergency
19        Preparedness Committee of the House of Representatives to
20        determine whether funds are sufficient to be used for
21        other veterans assistance programs administered by the
22        Commonwealth.
23        (6)   No later than 60 days from the effective date of
24    this paragraph, the department shall adopt a statement of
25    policy for the maintenance and use of the Service Members,
26    Veterans and their Families Fund and transmit the statement
27    of policy to the Legislative Reference Bureau for publication
28    in the next available issue of the Pennsylvania Bulletin. The
29    statement of policy adopted under this paragraph shall not be
30    subject to any of the following:

20250HB1264PN1407                   - 7 -
 1                (i)    Section 612 of the act of April 9, 1929
 2            (P.L.177, No.175), known as The Administrative Code of
 3            1929.
 4                (ii)    Sections 201, 202, 203, 204 and 205 of the
 5            Commonwealth Documents Law.
 6                (iii)    Sections 204(b) and 301(10) of the
 7            Commonwealth Attorneys Act.
 8                (iv)    The Regulatory Review Act.
 9      (g)   Report.--No later than July 31, 2026, and each year
10   thereafter, the department shall submit to the chairperson and
11   minority chairperson of the Veterans Affairs and Emergency
12   Preparedness Committee of the Senate and the chairperson and
13   minority chairperson of the Veterans Affairs and Emergency
14   Preparedness Committee of the House of Representatives a report
15   detailing the deposits and expenditures of the Service Members,
16   Veterans and their Families Fund in the prior fiscal year and
17   describing the activities and programs that received money from
18   the Service Members, Veterans and their Families Fund.
19      (h)   Definitions.--As used in this section, the following
20   words and phrases shall have the meanings given to them in this
21   subsection unless the context clearly indicates otherwise:
22      "Nonprofit."      The term shall have the same meaning as the
23   term "nonprofit corporation" in 15 Pa.C.S. § 102 (relating to
24   definitions).
25      Section 2.      This act shall take effect in 90 days.




20250HB1264PN1407                     - 8 -