SB 417 — 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.   351

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 417
                                                Session of
                                                  2025

     INTRODUCED BY GEBHARD, BARTOLOTTA, FONTANA, PENNYCUICK, CULVER,
        STEFANO, J. WARD, DUSH AND MILLER, MARCH 10, 2025

     REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS,
        MARCH 10, 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
19      emergency response training and to support the quality of
 1    life of service members, veterans and their families.
 2        (2)     In addition to the authority of the State Armory
 3    Board under section 1509 (relating to rental or lease of
 4    armories and of buildings or structures at Fort Indiantown
 5    Gap) and to any other law relating to the leasing of
 6    Commonwealth property, the Adjutant General may lease any
 7    portion of the real property of Fort Indiantown Gap to an
 8    individual or a public or nonpublic entity, including a
 9    private commercial interest, to construct and operate a
10    revenue-generating business that meets all of the following
11    criteria:
12              (i)    The business benefits the residents of the local
13        community in the vicinity of Fort Indiantown Gap and the
14        personnel of Fort Indiantown Gap and their families.
15              (ii)    The business generates revenue for deposit into
16        the Service Members, Veterans and their Families Fund
17        established under subsection (f).
18        (3)     If the Adjutant General opts to lease any portion of
19    the real property of Fort Indiantown Gap for the purpose
20    specified under paragraph (2), the Adjutant General shall
21    have the following duties:
22              (i)    Select a prospective lessee to construct and
23        operate the revenue-generating business. In selecting a
24        prospective lessee under this subparagraph, the Adjutant
25        General shall consider all of the following:
26                     (A)   The ability of the prospective lessee to
27              provide an array of items or services as determined
28              by the Adjutant General.
29                     (B)   The degree to which the items or services
30              offered by the prospective lessee benefit the

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

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

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

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

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 1            benefit service members, veterans and their families
 2            under subsection (d).
 3                  (iv)    Provide morale, welfare and recreation support
 4            to Pennsylvania National Guard units deployed outside of
 5            this Commonwealth.
 6            (4)   Money in the Service Members, Veterans and their
 7      Families Fund is appropriated on a continuing basis to the
 8      department for the purposes specified under paragraph (3).
 9            (5)     No later than 60 days from the effective date of
10      this paragraph, the department shall adopt a statement of
11      policy for the maintenance and use of the Service Members,
12      Veterans and their Families Fund and transmit the statement
13      of policy to the Legislative Reference Bureau for publication
14      in the next available issue of the Pennsylvania Bulletin. The
15      statement of policy adopted under this paragraph shall not be
16      subject to any of the following:
17                  (i)    Section 612 of the act of April 9, 1929
18            (P.L.177, No.175), known as The Administrative Code of
19            1929.
20                  (ii)    Sections 201, 202, 203, 204 and 205 of the
21            Commonwealth Documents Law.
22                  (iii)    Sections 204(b) and 301(10) of the
23            Commonwealth Attorneys Act.
24                  (iv)    The Regulatory Review Act.
25      (g)   Report.--No later than July 31, 2026, and each year
26   thereafter, the department shall submit to the chairperson and
27   minority chairperson of the Veterans Affairs and Emergency
28   Preparedness Committee of the Senate and the chairperson and
29   minority chairperson of the Veterans Affairs and Emergency
30   Preparedness Committee of the House of Representatives a report

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1   detailing the deposits and expenditures of the Service Members,
2   Veterans and their Families Fund in the prior fiscal year and
3   describing the activities and programs that received money from
4   the Service Members, Veterans and their Families Fund.
5      Section 2.   This act shall take effect in 90 days.




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