THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BROWNE, BOSCOLA, STACK, ALLOWAY, MUSTO, O'PAKE, COSTA, WOZNIAK, FERLO, WASHINGTON, RAFFERTY, TARTAGLIONE AND WONDERLING, MAY 11, 2009

REFERRED TO VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, MAY 11, 2009  

AN ACT

Amending Title 51 (Military Affairs) of the Pennsylvania

Consolidated Statutes, changing the name of the Department of

Military and Veterans Affairs; further providing for the

State Veterans' Commission and the Deputy Adjutant General

for Veterans' Affairs; establishing the Department of

Veterans Affairs, the bureaus within the department and the

State Veterans Commission; providing for the powers and

duties of the Department of Veterans Affairs and its bureaus;

and making conforming amendments and editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of Title 51 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 102.  Definitions.

Subject to additional definitions contained in subsequent

provisions of this title which are applicable to specific

provisions of this title, the following words and phrases when

used in this title shall have, unless the context clearly

indicates otherwise, the meanings given to them in this section:

"Armory."  Land, buildings and fixtures used for housing

elements of the Pennsylvania military forces.

"Department."  The Department of Military [and Veterans]

Affairs of the Commonwealth.

"National Defense Act."  The act of Congress, entitled "An

act for making further and more effectual provisions for the

National Defense and for other purposes," approved June 3, 1916,

its amendments and supplements.

"National Guard of the United States."  The Army National

Guard of the United States and the Air National Guard of the

United States.

"Officer."  Commissioned or warrant officer.

"Order."  General or special order, oral or written, whether

issued pursuant to State or Federal authority.

"Pennsylvania Guard."  Those organized units of the

Pennsylvania military forces which are not Federally recognized

or which serve under the authority of the Governor when the

Pennsylvania National Guard, in whole or in part, is on extended

Federal active duty.

"Pennsylvania military forces."  The land, air and sea

military units organized for the internal security of this

Commonwealth.

"Pennsylvania National Guard."  The Pennsylvania Army

National Guard and the Pennsylvania Air National Guard.

Section 2.  Sections 701(b), 704, 710(a) and (c) and 902(11),

(12) and (14) of Title 51 are amended to read:

§ 701.  Overall powers of department.

* * *

(b)  Designation.--[The Department of Military Affairs is

designated as the Department of Military and Veterans Affairs.

Contracts, deeds and official actions by the department shall

not be affected by the use of the designation by the department

as the Department of Military Affairs. The department may

continue to use the name Department of Military Affairs on

stationery or any official documents until existing supplies are

exhausted. The department may substitute the title Department of

Military and Veterans Affairs for the Department of Military

Affairs on its documents and materials on such schedule as it

deems appropriate.] The Department of Military and Veterans

Affairs is designated as the Department of Military Affairs.

Contracts, deeds and official actions by the department shall

not be affected by the use of the designation by the department

as the Department of Military and Veterans Affairs. The

department may continue to use the name Department of Military

and Veterans Affairs on stationery or any official documents

until existing supplies are exhausted. The department may

substitute the title Department of Military Affairs for the

Department of Military and Veterans Affairs on its documents and

materials on such schedule as it deems appropriate.

[§ 704.  Advisory councils for veterans' homes.

(a)  Establishment of advisory council.--There is hereby

established an advisory council for each veterans' home operated

by the Commonwealth. Each advisory council shall consist of 15

members and the Adjutant General, who shall serve ex officio.

Twelve of the members shall be appointed by the Governor from a

list of nominations submitted to the Adjutant General by the

Pennsylvania War Veterans' Council. The Speaker of the House of

Representatives and the President pro tempore of the Senate

shall each appoint one member from their respective bodies to

serve on each council. The remaining member on the advisory

council shall be selected by the residents of the veterans'

homes.

(b)  Term of office and officers.--Each member of the

councils appointed from the General Assembly shall serve for the

duration of that General Assembly. The eight members appointed

by the Governor shall serve a term of three years, provided that

the initial eight members selected by the Governor shall serve

as follows: three members for one year, three members for two

years and two members for three years as designated by the

Governor. Each council shall organize as soon as possible and

shall annually elect a president, vice president and secretary.

(c)  Removal for cause.--The members appointed by the

Governor may be removed by the Governor for cause.

(d)  Quorum and time of meetings.--Six members of a council

shall constitute a quorum for the purpose of conducting the

business of the council. Each advisory council shall meet at

least quarterly and at other times at the call of the president.

(e)  Expenses.--Members of each advisory council shall

receive no compensation for their services but shall receive

reimbursement for their necessary and proper expenses for

attendance at meetings.

(f)  Power and duty of advisory councils.--Each veterans'

home advisory council shall advise the Adjutant General as to

the management, operation and the adequacy of facilities and

services at their respective homes.]

§ 710.  Pennsylvania Veterans' Memorial Trust Fund.

(a)  Administration.--The separate fund in the State Treasury

known as the Pennsylvania Veterans' Memorial Trust Fund shall be

administered by the [State Veterans' Commission] department, and

all moneys in the fund are appropriated to the [State Veterans'

Commission] department on a continuing basis.

* * *

(c)  Contributions and solicitation of funds.--

(1)  The [State Veterans' Commission] department is

authorized:

(i)  To accept, on behalf of the Commonwealth, gifts,

donations, legacies and usages of money from individuals,

organizations, public or private corporations and other

similar entities.

(ii)  To solicit and raise moneys from public and

private sources.

(2)  All money received or raised under this subsection

shall be paid into the State Treasury and credited to the

fund.

§ 902.  General powers and duties of Adjutant General.

The Adjutant General as head of the department is responsible

to the Commonwealth and to the Governor for the organization and

functioning of said department, and the performance and carrying

out of all the duties, powers and responsibilities given or

delegated. In addition he is hereby authorized and directed to:

* * *

[(11)  Coordinate with other Commonwealth agencies and

departments, and the respective agencies of the Federal

Government, all matters relating to veterans' affairs within

this Commonwealth.

(12)  Appoint a Deputy Adjutant General for Veterans'

Affairs, who shall serve as the Director of the Bureau for

Veterans' Affairs.]

* * *

[(14)  Authorize the admittance of any member of a group

which has been granted veterans status by the Secretary of

Defense and any spouse of a member to State veterans' homes,

using admission criteria and procedures as established by the

department by regulation.]

Section 3.  Chapter 17 of Title 51 is repealed:

[CHAPTER 17

STATE VETERANS' COMMISSION

AND DEPUTY ADJUTANT GENERAL

FOR VETERANS' AFFAIRS

Subchapter

A.  State Veterans' Commission

B.  Deputy Adjutant General for Veterans' Affairs

SUBCHAPTER A

STATE VETERANS' COMMISSION

Sec.

1701.  Definitions.

1702.  State Veterans' Commission.

1703.  General powers and duties.

1704.  Specific powers and duties.

1705.  Veterans' home hall of fame.

§ 1701.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission."  The State Veterans' Commission established by

this chapter.

§ 1702.  State Veterans' Commission.

(a)  Establishment.--There is hereby established within the

department an advisory commission to be known as the State

Veterans' Commission.

(b)  Composition.--The commission shall be composed of:

(1)  The Adjutant General, ex officio, or his designee.

(2)  The State commander, commandant or head, or his

designee, of each of the following named veterans'

organizations:

(i)  The American Legion.

(ii)  AMVETS.

(iii)  Blinded Veterans Association.

(iv)  Catholic War Veterans of the United States of

America.

(v)  Disabled American Veterans.

(vi)  Jewish War Veterans of the United States.

(vii)  Marine Corps League.

(viii)  Military Order of the Purple Heart.

(ix)  State Association of County Directors of

Veterans' Affairs.

(x)  Veterans of Foreign Wars of the United States.

(xi)  Veterans of World War I of the United States of

America, Inc.

(xii)  Italian-American War Veterans of the United

States, Inc.

(xiii)  The Vietnam Veterans of America, Inc.

(xiv)  American Ex-Prisoners of War.

(xv)  Keystone Paralyzed Veterans Association.

(3)  Four members at large appointed by the Governor from

a list provided by the Adjutant General, each of whom shall

be a veteran and a member in good and regular standing of a

Pennsylvania branch, post, lodge or club of a recognized

national veterans' organization active in this Commonwealth.

At least one member shall be a female veteran, and at least

one member shall be a veteran of the Vietnam era. Members at

large shall serve a term of four years and until a successor

has been appointed.

(4)  The State Adjutants of the American Legion, the

Disabled American Veterans (DAV) and the Veterans of Foreign

Wars (VFW) and the Executive Director of AMVETS as nonvoting

members.

(c)  Officers.--The commission shall annually elect a

chairman and vice chairman at the first meeting of the

commission after October 1. The Deputy Adjutant General for

Veterans' Affairs shall serve as the executive secretary to the

commission.

(d)  Compensation and expenses.--Members of the commission

shall receive no compensation for their services but shall

receive reimbursement for their necessary and proper expenses

for attendance at meetings.

(e)  Meetings and quorum.--The commission shall meet upon the

call of the chairman or the Adjutant General. Nine members of

the commission shall constitute a quorum.

(f)  Declared vacancies.--The Governor, upon recommendation

of the Adjutant General, shall declare a vacancy to exist

whenever any member at large fails to attend three consecutive

meetings without good cause. Any declared vacancy shall be

filled for the unexpired term.

§ 1703.  General powers and duties.

The commission shall advise the Adjutant General and the

department on all matters pertaining to the status, welfare,

benefits, employment and support of veterans and veterans'

programs in this Commonwealth and shall perform such other

functions as are provided by law.

§ 1704.  Specific powers and duties.

The commission shall have the following powers and duties:

(1)  Advise the Adjutant General upon such matters as the

Adjutant General may bring before it.

(2)  Investigate the work of the department and make

recommendations to it regarding the department's

administration of the laws providing for the payment of

pensions and relief, for the marking of graves of veterans

and for the selection, acquisition and maintenance of a State

military cemetery.

(3)  Investigate and recommend to the Governor

legislation for submission to the General Assembly concerning

veterans and their activities.

(4)  Oversee veterans' emergency assistance payments

under Chapter 85 (relating to veterans' emergency

assistance).

(5)  Certify educational gratuity payments for eligible

children under Chapter 87 (relating to educational gratuity

program).

(6)  Determine eligibility of veteran applicants for real

property tax exemptions under Chapter 89 (relating to

disabled veterans' real estate tax exemption).

(7)  Promulgate rules and regulations governing all

actions of the commission under paragraphs (4), (5) and (6).

§ 1705.  Veterans' home hall of fame.

(a)  General rule.--Each veterans' home operated by the

Commonwealth shall establish and dedicate a hall of fame to

recognize and honor the military achievements of outstanding

veterans who have completed honorable, active duty military

service and who reside or resided in the geographic region

served by the veterans' home. The area or space in the veterans'

home dedicated to the hall of fame may be used for other

purposes.

(b)  Selection of inductees.--The advisory council for each

veterans' home shall, consistent with the guidelines established

by the commission in subsection (c), nominate eligible veterans

for induction into the hall of fame by the commission and

perform such other duties relating to the hall of fame as

approved by the commission. Any Medal of Honor recipient shall

be automatically inducted into the hall of fame.

(c)  Oversight.--The commission shall develop guidelines for

the halls of fame. The guidelines shall include, but not be

limited to:

(1)  Eligibility criteria for qualified candidates.

(2)  Procedures for nomination of candidates and

selection of inductees.

(3)  Ceremonies to officially honor the inductees.

(4)  Manner of recognizing or presenting the inductees in

the halls of fame.

(5)  Maintenance of the halls of fame.

(6)  Duties of the advisory councils of the veterans'

homes relating to the halls of fame.

(d)  Documentation.--Each eligible veteran or his or her

representative shall be responsible for obtaining the

documentation necessary to establish his or her eligibility from

the National Archives in Washington, D.C., or the National

Personnel Record Center in St. Louis, Missouri.

(e)  Centralized list.--The State Veterans' Commission shall

keep a centralized list of all hall of fame inductees from all

regional veterans' homes.

SUBCHAPTER B

DEPUTY ADJUTANT GENERAL

FOR VETERANS' AFFAIRS

Sec.

1711.  Qualifications and status.

1712.  Specific duties.

§ 1711.  Qualifications and status.

(a)  Deputy Adjutants General.--In addition to such other

Deputy Adjutants General as may be named in the department,

there shall be a Deputy Adjutant General for Veterans' Affairs,

who shall perform the duties under section 1712 (relating to

specific duties) and such other duties as the Adjutant General

may assign.

(b)  Appointment.--The Deputy Adjutant General for Veterans'

Affairs shall be selected and appointed as other Deputy

Adjutants General are selected and appointed. He shall be a

veteran and an active member of at least one of the veterans'

organizations listed under section 1702(b) (relating to State

Veterans' Commission).

(c)  Compensation.--The compensation of the Deputy Adjutant

General for Veterans' Affairs shall be as established by law.

(d)  Status.--The Deputy Adjutant General for Veterans'

Affairs shall be accorded all the rights, emoluments and

privileges, except pay and allowances, of a brigadier general in

the Pennsylvania Guard and shall be addressed as "General."

§ 1712.  Specific duties.

In addition to such other duties as may be provided by law or

as assigned by the Adjutant General, the Deputy Adjutant General

for Veterans' Affairs shall have the following specific duties:

(1)  To recommend to the Adjutant General and the

Governor, with the advice of the State Veterans' Commission,

new legislation and amendments to existing statutes

concerning veterans and their activities for consideration by

the General Assembly.

(2)  To cooperate with all Federal and State departments

and agencies in the interest of veterans.

(3)  To aid in filing and prosecuting claims of

Pennsylvania's veterans and their dependents under Federal or

State laws or regulations.

(4)  To aid veterans in seeking employment or

reemployment after their honorable discharge from the armed

forces of the United States.

(5)  To aid veterans requiring medical care in securing

hospitalization provided by a Federal or State medical or

care facility.

(6)  To aid in the rehabilitation of injured, wounded or

compensable veterans in educational institutions or

vocational training institutions for which they may be

eligible by law.

(7)  To cooperate with and advise the Department of

Education with respect to vocational training programs for

veterans, particularly programs suited to casualties.

(8)  To administer relief provided by the Commonwealth

for veterans and their dependents.

(9)  To administer the distribution under the direction

of the Adjutant General of any compensation to veterans or

their dependents that has been or may be granted by the

Commonwealth.

(10)  To investigate the work of other State agencies in

administering laws affecting veterans and their dependents.

(11)  To investigate, compile and maintain complete and

accurate data concerning veterans of the armed forces of the

United States and all State and municipal activities related

thereto.

(12)  To compile from the records transmitted from the

various counties of this Commonwealth a record of the burial

places in this Commonwealth of deceased veterans, including

such information as the Deputy Adjutant General for Veterans'

Affairs or his designee deems necessary and appropriate.

(13)  To disseminate information concerning

Pennsylvania's veterans and Pennsylvania's veterans' programs

to veterans' organizations, to the public press and other

media and to the general public.

(14)  To biannually submit, through the Adjutant General,

to the Governor a report of State activities on behalf of

veterans.

(15)  To serve as a clearinghouse for all problems or

issues related to Pennsylvania's veterans and their

dependents.

(16)  To serve as Executive Secretary of the State

Veterans' Commission.]

Section 4.  Title 51 is amended by adding chapters to read:

CHAPTER 18

DEPARTMENT OF VETERANS AFFAIRS

Sec.

1801.  Definitions.

1802.  Establishment.

1803.  Purpose.

1804.  General powers and duties.

1805.  Specific powers and duties.

1806.  Secretary of Veterans Affairs.

1807.  Organization.

1808.  Delegation of authority.

1809.  Commissions, councils and boards.

1810.  Bureau for Veterans Benefits Assistance.

1811.  Local governing bodies and veterans services.

1812.  County and city veterans service officers.

1813.  (Reserved).

1814.  Bureau for State Veterans Homes.

1815.  Office of Recovery Coordination.

1816.  State Veterans Commission.

1817.  Advisory councils for State veterans homes.

1818.  Prohibitions.

1819.  Confidentiality of records.

1820.  Technology services.

1821.  Reports.

1822.  Cost reduction measures and acceptance of gifts.

1823.  Interagency agreements.

1824.  Conflict of interest.

1825.  Information of public interest and public complaints.

1826.  Liberal construction.

1827.  Conflict between statutes and within statute.

1828.  Severability.

§ 1801.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commission."  The State Veterans Commission established

under this chapter.

"Commissioners."  Members, voting and nonvoting, of the State

Veterans Commission.

"Department."  The Department of Veterans Affairs of the

Commonwealth established under this chapter.

"Secretary."  The Secretary of Veterans Affairs of the

Commonwealth.

"VA TRIP."  The Veterans Administration Training,

Responsibility, Involvement of Preparation training program.

"Veteran."  A person who may be entitled to any benefits or

rights under the laws of the United States and this Commonwealth

by reason of service in the armed forces of the United States.

"Veterans service officer."  Any of the following:

(1)  A State, county or city employee qualified under

this chapter to provide benefits counseling and claims

services.

(2)  A veterans service organization service officer

accredited by the United States Department of Veterans

Affairs.

"Veterans service organization."  Any nonprofit organization

registered in and in good standing with the Commonwealth

composed principally of and controlled by veterans of the United

States Armed Forces, incorporated for the purpose of promoting

programs designed to assist veterans of the armed forces of the

United States and their Pennsylvania-domiciled surviving

spouses, orphans and dependents and in good standing with its

parent national organization, if such a parent organization

exists. The term shall not include an organization representing

Federal, State or county government employees who provide

services to veterans.

§ 1802.  Establishment.

The Department of Veterans Affairs is established as an

administrative department within the executive branch of the

Commonwealth and is vested with the power and authority as set

forth in this chapter.

§ 1803.  Purpose.

The purpose of the department is to actively aid veterans,

their dependents, surviving dependents and beneficiaries in

obtaining or maintaining privileges, rights and benefits to

which they are entitled under Federal and State laws.

§ 1804.  General powers and duties.

The department is authorized and empowered to do all of the

following:

(1)  To aid veterans, their dependents, surviving

dependents and beneficiaries in the presentation, processing,

proof and establishment of any claims, privileges, rights and

benefits as they may be entitled to under Federal or State

laws. The department has the authority to accept power of

attorney when necessary.

(2)  To aid Commonwealth residents in active military

service and their dependents with problems arising out of the

service which come reasonably within the purview of the

department's program of assistance.

(3)  To collect data and information as to the facilities

and services available to veterans, their dependents,

surviving dependents and beneficiaries.

(4)  To inform agencies furnishing information or

services in this Commonwealth regarding the availability of

all of the following:

(i)  Education, training and retraining facilities.

(ii)  Health, medical, rehabilitative and housing

services and facilities.

(iii)  Employment and reemployment services.

(iv)  Provisions of Federal and State laws affording

rights, privileges and benefits to veterans and their

dependents, surviving dependents and beneficiaries.

(v)  Any other matter of a related or appropriate

nature.

(5)  To establish field offices, facilities and services

throughout this Commonwealth as may be necessary to carry out

the purposes of this chapter.

(6)  To cooperate, as the department deems appropriate,

with governmental, private and civic agencies and

instrumentalities in securing services or benefits for

veterans, their dependents, surviving dependents and

beneficiaries.

(7)  To enter into any contract or agreement with any

person, firm, corporation or governmental agency or

instrumentality in furtherance of the purposes of this

chapter and to make all rules and regulations necessary for

the proper and effective administration of its duties. The

department shall have the authority and responsibility to

apply for and administer any Federal programs and develop and

coordinate State programs as may be beneficial to the

particular interests of veterans' dependents, surviving

dependents and beneficiaries.

(8)  To train, supervise and assist the employees of any

county or city who are engaged in veterans claims service,

benefits counseling and awareness programs. The services and

programs shall be operated in affiliation with and under the

supervision of the department.

(9)  To train and assist a veterans service officer

working for and accredited by a veterans service

organization, subject to departmental budgetary constraints,

upon the request of the veterans service organization and if

the individual works within this Commonwealth.

(10)  To accept any property, funds, services or

facilities from any source, public or private, granted in aid

or furtherance of the administration of the provisions of

this chapter.

(11)  To perform other duties in connection with veterans

that may be referred to the secretary by the Governor and

other departments or agencies of the Commonwealth and to be a

clearinghouse and investigative body for all problems related

to Pennsylvania veterans, their dependents, surviving

dependents and beneficiaries.

§ 1805.  Specific powers and duties.

The department shall have the following powers and duties in

addition to the powers and duties prescribed under section 1804

(relating to general powers and duties):

(1)  To administer the laws providing for any of the

following:

(i)  The programs for veterans' pensions and benefits

under Chapter 77 (relating to veterans' pensions and

benefits).

(ii)  The Veterans' Emergency Assistance Program

established under Chapter 85 (relating to veterans'

emergency assistance).

(iii)  The Educational Gratuity Program established

under Chapter 87 (relating to Educational Gratuity

Program).

(iv)  The program for disabled veterans' real estate

tax exemption under Chapter 89 (relating to disabled

veterans' real estate tax exemption).

(v)  Any relief programs provided by the Commonwealth

for veterans, their dependents, surviving dependents and

beneficiaries.

(vi)  The distribution of any compensation, including

bonuses, to veterans, their dependents, surviving

dependents and beneficiaries that has been or may be

granted by the Commonwealth.

(vii)  State veterans homes program.

(viii)  The Scotland School for Veterans' Children.

(ix)  The program under section 9304 (relating to

grants to veterans' service officer programs).

(2)  To recommend to the Governor new legislation and

amendments to existing statutes concerning veterans and their

activities for submission to the General Assembly.

(3)  To aid in securing hospitalization for any veteran

requiring medical care that may be provided by a Federal or

State mental, medical or surgical facility specifically

provided for veterans or in any other public hospital.

(4)  To cooperate with and advise the Department of

Education and the Department of Labor and Industry on

vocational training programs and other veterans educational

programs, particularly programs focused on severe service-

connected disabilities, for either day or evening

instruction, or both.

(5)  To investigate the work of other departments of the

Commonwealth administering laws affecting veterans, their

dependents, surviving dependents and beneficiaries.

(6)  To investigate, compile and maintain complete and

accurate data concerning the claims of veterans of the armed

forces of the United States and all related Commonwealth and

municipal activities.

(7)  To establish an information center for all veterans,

their dependents, surviving dependents and beneficiaries and

to disseminate regularly to departments, regions, districts,

chapters, camps and posts, as appropriate, of veterans

organizations throughout this Commonwealth, information as

the secretary shall determine, and to transmit to the public

press and other media of public information, information

relative to veterans as may be of public interest.

(8)  To submit annually to the Governor a performance and

accountability report of State activities on behalf of

veterans.

(9)  To appoint an executive secretary to the State

Veterans Commission.

(10)  To submit for accreditation to the United States

Department of Veterans Affairs in accordance with 38 CFR

(relating to pensions, bonuses, and veterans' relief) all

State, county and city employees performing the duties of

veterans service officers and to ensure that they are

periodically recertified as required by the department and

the United States Department of Veterans Affairs.

(11)  To enter into agreements with veterans service

organizations for the purpose of obtaining dual accreditation

for State, county and city veterans service officers.

(12)  To specify to the counties and cities those

reports, accountings and other information it may require.

(13)  To implement a networked computer system and

management information system for the automated submission,

reviewing and tracking of claims and for the purposes of

assisting in the annual performance evaluation of the

department.

(14)  To develop and implement departmental performance

management measurement standards.

(15)  To act as a fiduciary. The secretary shall act

without bond as conservator of the estate of a beneficiary of

the United States Department of Veterans Affairs when the

secretary determines no other suitable person will do so.

(16)  To receive and integrate all Governor’s Veterans

Outreach and Assistance Center Program personnel from the

five regions into the department in accordance with Chapter

86 (relating to transfer of the Governor's Veterans Outreach

and Assistance Center Program) and this chapter, provided

Federal funding continues.

(17)  To legally represent veterans, upon request, in

their claims appeals before the United States Department of

Veterans Affairs’ Board of Veterans Appeals and the United

States courts, inclusive of the United States Court of

Appeals for Veterans Claims and to legally represent

veterans, upon request, in the enforcement of existing

Federal and State veterans employment and preference laws.

(18)  To take necessary action to assure that proper and

continuous care and assistance is being rendered to seriously

wounded or disabled veterans to restore them to as normal a

life as practicable.

§ 1806.  Secretary of Veterans Affairs.

(a)  Department head.--The executive head and appointing

authority of the department shall be the Secretary of Veterans

Affairs. The secretary shall serve at the pleasure of the

Governor.

(b)  Appointment.--The Governor shall nominate and appoint in

accordance with the provisions of the Constitution of

Pennsylvania, by and with the advice and consent of a majority

of the members elected to the Senate, a Secretary of Veterans

Affairs.

(c)  Qualifications.--The secretary shall be an honorably

discharged veteran of the armed forces of the United States and

a United States citizen with proven managerial experience and

success.

(d)  Salary.--The secretary shall be paid a fixed salary by

the Governor in accordance with the standards established by the

executive board.

(e)  Vacancy and succession.--If a vacancy occurs in the

position of secretary while the Senate is not in session, the

Governor shall make a temporary appointment until the next

meeting of the Senate, when the Governor shall present the

nomination for the office to that body in accordance with the

provisions of the Constitution of Pennsylvania.

(f)  General powers and duties.--The secretary shall have all

of the following powers and duties:

(1)  To conduct, control and supervise the department.

(2)  To appoint, employ and determine the powers and

duties together with the salaries and other expenses of

clerical and other personnel as are necessary to carry out

the duties of the department.

(3)  To perform all other matters and things necessary to

carry out the provisions of this chapter.

(4)  To develop a system of annual performance evaluation

based on qualitatively and quantitatively measurable job

tasks.

(5)  To cooperate fully with the commission in matters

related to the duties of the commission.

§ 1807.  Organization.

(a)  Staff.--The secretary may appoint assistants and

executive staff as may be needed to administer the department.

All appointees made under this subsection shall be veterans and

shall serve at the pleasure of the secretary.

(b)  Deputy secretary.--The secretary shall designate a

deputy secretary from the executive staff who shall have charge

and general supervision of the department in the absence or

disability of the secretary. In case of a vacancy in the office

of secretary, the deputy secretary shall continue in charge of

the department until a successor is appointed and qualified or

until the Governor appoints a temporary acting secretary.

(c)  Exemption.--Management level employees of the department

are exempt from the provisions of the act of August 5, 1941

(P.L.752, No.286), known as the Civil Service Act. For purposes

of this subsection, the term "management level employee" means

any individual who is involved directly in the determination of

policy or who responsibly directs the implementation of policy

and includes all employees above the first level of supervision. 

(d)  Preference.--Unless otherwise provided by law, the

secretary shall give preference to veterans for positions in the

department.

(e)  Special instructions.--While it is the intention of the

General Assembly to give the secretary flexibility in organizing

the department, the secretary shall perform all of the

following:

(1)  The secretary shall create the Bureau of Veterans

Benefits Assistance and the Bureau of State Veterans Homes to

provide field services. Each bureau shall be administered by

a director. The secretary shall also create an Office of

Recovery Coordination administered by a chief.

(2)  In addition to the functions administered by the

entities established in paragraph (1), the secretary shall

ensure the department has the following minimum functional

capabilities, which may be obtained through hired employees,

contract operations or interagency agreements as the

secretary deems best suited to fulfill needs as follows:

(i)  Information and research capability to

disseminate information and statistical analysis of

pertinent data, inclusive of management analysis and

program development requirements.

(ii)  Personnel management capability for human

resource needs.

(iii)  Fiscal management capability.

(iv)  Purchasing capability for all purchasing and

reproduction needs.

(v)  Administrative and automated data processing

(ADP) support.

(vi)  Staff development capability to provide

professional education to employees and county and city

veterans service officers.

(vii)  Legal expertise on veterans' matters to

include appeals before boards and courts under sections

1804 (relating to general powers and duties) and 1805

(relating to specific powers and duties).

(viii)  Legislative affairs capability to represent

the department on all matters involving legislation at

Federal and State levels.

(ix)  Inspection capability to investigate and report

on organizational matters and to audit the performance of

the department in its various functional areas.

(3)  The secretary will establish and maintain, through

contracts or other agreements, the headquarters and service

offices in whatever locations the secretary determines to be

necessary to carry out the provisions of this chapter.

§ 1808.  Delegation of authority.

The secretary may delegate any power or duty vested in or

transferred to the secretary by law or executive order to the

deputy secretary or to any other assistant or subordinate, but

the secretary shall be responsible for the official acts of the

officers and employees of the department.

§ 1809.  Commissions, councils and boards.

The secretary shall recognize and support the following

commissions, councils and boards:

(1)  The State Veterans Commission.

(2)  The State Veterans homes advisory councils.

(3)  The Board of Trustees of the Scotland School for

Veterans' Children.

(4)  Other State government veterans councils and

commissions that exist or may be formed by the Commonwealth

from time to time.

§ 1810.  Bureau for Veterans Benefits Assistance.

(a)  Establishment.--The Bureau for Veterans Benefits

Assistance is established as a bureau within the department.

(b)  Director.--The Director for Veterans Benefits Assistance

shall have supervisory authority over the Bureau for Veterans

Benefits Assistance. The secretary shall appoint and may remove

the director for just cause.

(c)  Powers and duties.--

(1)  The Bureau for Veterans Benefits Assistance shall

have the power and duty to aid members of the armed forces of

the United States on active duty under section 1804(2)

(relating to general powers and duties) and veterans, who are

residents of this Commonwealth, and their dependents,

surviving dependents and beneficiaries in relation to matters

pertaining to all of the following:

(i)  Educational training and retraining services and

facilities.

(ii)  Health, medical and rehabilitation services and

facilities.

(iii)  Provisions of Federal and State laws affording

special rights and privileges to members of the armed

forces and veterans and their dependents, dependent

survivors and beneficiaries.

(iv)  Employment and reemployment services.

(v)  Other matters of similar, related or appropriate

nature.

(2)  The Bureau for Veterans Benefits Assistance shall

supervise the county and city veterans service officers

during the performance of their duties involving submission,

follow-up and reconsiderations of claims for benefits and

services filed on behalf of veterans, benefits counseling and

benefits awareness programs. The supervision shall not

include duties and tasks performed by the county and city

veterans service officers which pertain solely to local

activities or are required under other State laws. The Bureau

for Veterans Benefits Assistance shall be responsible for

veterans service officer training under section 1812

(relating to county and city veterans service officers).

(3)  The Bureau for Veterans Benefits Assistance shall

have the capability of representing veterans before the Board

of Veterans Appeals and the Court of Veterans Appeals.

(4)  The Bureau for Veterans Benefits Assistance shall

provide guidance to establish reporting requirements and

formats, coordinate with and monitor the progress of veterans

service organizations providing service officers under the

State grant under the terms of the grant and authorizing

statute for the secretary.

(5)  The Bureau for Veterans Benefits Assistance shall

perform any other duties as may be assigned by the secretary.

(d)  Field offices.--With the approval of the secretary, the

Director of the Bureau of Veterans Benefits Assistance may do

any of the following:

(1)  Establish, alter or abolish bureau districts within

this Commonwealth and establish, alter or abolish any

subordinate State field offices within the districts.

(2)  Appoint and remove a supervisor for a district or

office.

(3)  Appoint officers, consultants, clerks and other

employees as may be necessary to administer the functions of

the Bureau of Veterans Benefits Assistance, fix their

compensation within the limitation provided by law and

prescribe their duties.

(e)  Qualifications for State veterans service officers.--A

State veterans service officer shall meet all of the following

qualifications:

(1)  Be a United States citizen.

(2)  Be a veteran who served at least 18 months of active

duty in the armed forces of the United States and was

separated from the service under honorable conditions. An

honorably discharged veteran who was discharged for service-

connected or aggravated medical reasons before serving 18

months of active duty and who completed a tour of duty other

than active duty for training, regardless of the length of

the tour, or who satisfied his or her military obligation in

a manner other than active duty for training or reserve duty,

shall be eligible under this paragraph.

(3)  Have at least a high school degree or equivalency

diploma.

(4)  Have at least four years of successful

administrative or managerial experience or several years of

successful veterans service officer experience.

(5)  Become accredited in accordance with 38 CFR 14.629

(relating to requirements for accreditation of service

organization representatives; agents; and attorneys).

(f)  Training of State veterans service officers.--

(1)  State veterans service officers must be accredited

and annually recertified in accordance with the requirements

of this chapter.

(2)  State veterans service officers shall serve an

internship of 18 months under the direct supervision of an

experienced and accredited State veterans service officer.

The department shall sponsor an intern before the United

States Department of Veterans Affairs for their accreditation

in accordance with 38 CFR (relating to pensions, bonuses, and

veterans' relief) if the intern provides satisfactory proof

of all of the following:

(i)  Successful completion of the internship.

(ii)  Procurement of a letter of recommendation from

the supervising State veterans service officer.

(iii)  Achievement of a score of 80% or higher on a

State-developed test approved by the United States

Department of Veterans Affairs.

(3)  The Bureau of Veterans Benefits Assistance shall

establish a periodic refresher, update and advanced training

program, inclusive of VA TRIP (Training, Responsibility,

Involvement of Preparation) claims training or its equivalent

which State veterans service officers must attend and

successfully pass as a condition of continued employment.

(4)  The Bureau for Veterans Benefits Assistance will

work with the VA Regional Offices in Philadelphia and

Pittsburgh to maximize the level of training for bureau

personnel.

(5)  The Bureau for Veterans Benefits Assistance shall

maintain a file on each participant in VA TRIP training

together with scoring and certification.

§ 1811.  Local governing bodies and veterans services.

(a)  Aid.--Notwithstanding any other law, the governing body

of a county shall and the governing body of a city may aid and

assist, wherever practical and feasible, a veteran who has

served in the armed forces of the United States and received an

honorable discharge from any branch of the military service of

the United States, and their dependents or surviving dependents,

in presenting claims for and securing compensation,

hospitalization, education, loans, career training and other

benefits or privileges to which the veteran or the veteran's

dependents or surviving dependents are or may become entitled

under any Federal or State law by reason of their service in the

armed forces of the United States except that all claims work

will be processed as directed by the secretary.

(b)  Agreements.--The governing body of a county and of a

city in this Commonwealth may, by majority vote of the full

governing bodies, enter into agreements to do any of the

following to accomplish subsection (a):

(1)  Work jointly with any contiguous county or

contiguous city within the county.

(2)  Employ jointly a veterans service officer.

§ 1812.  County and city veterans service officers.

(a)  General requirement.--County and city personnel active

in the capacity of veterans service officer must be accredited

by the department, regardless of prior qualifications or other

sources of accreditation and, unless the veteran applicant

directs otherwise, submit all claims through the Bureau for

Veterans Benefits Assistance.

(b)  Qualifications.--In order for the department to

recognize, accredit and assist a county or city veterans service

officer, that person must do all of the following:

(1)  Meet the qualifications of a State veterans service

officer under section 1810(e) (relating to Bureau of Veterans

Benefits Assistance).

(2)  Be approved by the department under subsection (c).

(c)  Approval required.--Any county or city desiring to

employ a county or city veteran service officer under this

section shall notify the department of its intention and shall

furnish the department with the name of any person applying,

along with documentation supporting the person's qualifications.

The department, upon receipt, shall certify to the county or

city the names of candidates for the position who meet the

requirements and qualifications prescribed by the department.

The county or city may employ any person, but only a person

certified by the department shall be accredited by the

department to act as a veterans service officer in this

Commonwealth. The department is under no obligation to recognize

or assist county or city employees who are not accredited.

Duties, compensation and terms of employment shall be prescribed

by the appropriate governing body.

(d)  Subject to department rules.--Any person employed by any

county or city under this section shall be subject to

regulations promulgated by the department. County and city

veterans service officers who are not performing up to the

standards of the department shall have their accreditation

revoked and shall be recommended to the appropriate governing

body for removal.

(e)  Training, accreditation and reimbursement.--The

department is directed to establish a training program for

county and city veterans service officers. Every county or city

veterans service officer employed under this section shall

attend the training program established by the department and

successfully complete a State-developed test approved by the

United States Department of Veterans Affairs and administered by

the department prior to assuming any responsibilities as a

county or city veterans service officer. The department shall do

all of the following:

(1)  Sponsor the individual before the United States

Department of Veterans Affairs for their accreditation in

accordance with 38 CFR (relating to pensions, bonuses, and

veterans' relief).

(2)  Recertify a qualified individual periodically as

required by the department and the United States Department

of Veterans Affairs.

(3)  Establish a periodic refresher, update and advanced

training program which each county or city veterans service

officer must attend and successfully complete as a condition

of remaining in employment as a county or city veterans

service officer. The training will include VA TRIP claims

training.

(4)  Work with the VA Regional Offices in Philadelphia

and Pittsburgh and other organizations known for high

standards of training to maximize the level of training for

county directors of veterans affairs personnel.

(5)  Maintain a file on each county participant in VA

TRIP training together with scoring and certification.

(6)  Reimburse county and city veterans service officers

for travel expenses incurred while fulfilling the

requirements of this section.

(f)  Current veterans service officers.--County or city

veterans service officers employed prior to the effective date

of this subsection shall be exempt from the provisions of

subsection (b)(2) and section 1810(e)(2), (3) and (4). County or

city veterans service officers who are not accredited on the

effective date of this subsection shall, in order to continue

employment as a county or city veterans service officer, become

accredited within 12 months of the effective date of this

subsection.

§ 1813.  (Reserved).

§ 1814.  Bureau for State Veterans Homes.

(a)  Establishment.--The Bureau for State Veterans Homes is

established as a bureau within the department.

(b)  Powers and duties.--The Bureau for State Veterans Homes

shall have the following powers and duties:

(1)  To make recommendations to the secretary regarding

the maintenance and operation of State veterans homes and the

Scotland School for Veterans' Children.

(2)  To operate State veterans homes and the Scotland

School for Veterans' Children.

(3)  To accept gifts, grants or payments for the use of

each State veterans home and the Scotland School for

Veterans' Children.

(4)  To establish a schedule of fees to be charged to

residents of the State veterans homes. The fees shall be

based on the level of service or care required and the

ability of the resident to pay. The department shall

establish the level of service to be provided in accordance

with the Federal Department of Veterans Affairs standards of

nursing and domiciliary care.

(5)  To perform any other duties assigned by the

secretary.

(c)  Director.--The Director for State Veterans Homes shall

have supervisory authority over the Bureau for State Veterans

Homes. The secretary shall appoint and may remove the director

for just cause. The director shall have the following powers and

duties:

(1)  To appoint, with the approval of the secretary,

commandants qualified and licensed in this Commonwealth as

nursing home administrators to administer each State veterans

home. When possible, commandants will be veterans.

(2)  To appoint, with the approval of the secretary, a

person to be Superintendent of the Scotland School for

Veterans' Children.

(3)  To approve the appointment of officers and employees

by the State Veterans' Homes Commandants and the

Superintendent of the Scotland School for Veterans' Children.

§ 1815.  Office of Recovery Coordination.

(a)  Establishment.--In recognition of the increasing rate of

survivable but serious injuries in modern warfare and the

frequent need to coordinate multiple Federal and State

Government agencies and other organizations to properly ensure

proper care and recovery of the disabled in an effort to restore

them to as normal a physical, mental and emotional life as is

practicable, the Office of Recovery Coordination is established

as an office within the department.

(b)  Service.--Veterans to be served by the Office of

Recovery Coordination shall include those who suffer from

debilitating injuries such as major amputation, severe blinding,

profound deafness, total loss of speech, spinal cord injury,

traumatic brain injury or severe mental health issues, or a

combination of any of these injuries, that are subsequent to

combat or training accident while on active duty. The veteran

must qualify as a veteran under United States Department of

Veterans Affairs' standards and must be domiciled in

Pennsylvania. The secretary shall establish any necessary

additional criteria.

(c)    Powers and duties.--The Office of Recovery Coordination

shall have the following powers and duties:

(1)  To ensure the veterans to be served, via telephone

calls and visits, are linked with those public and private

resources, to include those of the department, that will aid

in their recovery.

(2)  To ensure the veterans to be served have

individualized recovery plans which not only address

immediate rehabilitation needs but also training or

retraining for employment as appropriate.

(3)  To actively coordinate with the responsible agents

within the United States Department of Veterans Affairs, the

United States Department of Defense, the Commonwealth’s

Department of Education, the Department of Labor and

Industry, Department of Public Welfare, Department of Health,

Department of Aging, the Governor’s Cabinet and Advisory

Committee for People with Disabilities and various nonprofits

to develop and improve their efforts.

(4)  To monitor and evaluate the performance of the

affected Federal and State agencies, their recovery programs,

inclusive of training and retraining programs for employment,

their tracking and outreach efforts and to report on these to

the secretary.

(5)  To make recommendations to the secretary regarding

those actions, programs and legislation required at a State

level to improve the coordination and implementation of

Federal and State services required to rehabilitate and

maintain the veterans to be served.

(d)    Chief.--The chief of the Office of Recovery Coordination

shall have supervisory authority over the office. The secretary

shall appoint and may remove the chief for just cause. The chief

shall have the following powers and duties:

(1)  To hire, with the approval of the secretary,

assistants.

(2)  Other powers and duties as assigned by the

secretary.

§ 1816.  State Veterans Commission.

(a)  Establishment.--There is established and assigned to the

department an advisory commission to the secretary to be known

as the State Veterans Commission. The commission shall not be

subject to control, supervision or direction by the department.

(b)  Composition.--The commission shall be composed of all of

the following:

(1)    The State commander, commandant, president or head,

or his designee, of each of the following veterans service

organizations, each having voting authority for one,

nonsuccessive term not to exceed two years:

(i)  The American Legion.

(ii)  Veterans of Foreign Wars of the United States.

(iii)  AMVETS.

(iv)  Disabled American Veterans.

(v)    Marine Corps League.

(vi)  Military Order of the Purple Heart.

(vii)  The Vietnam Veterans of America, Inc.

(viii)    Blinded Veterans Association.

(ix)  Keystone Paralyzed Veterans of America.

(x)    Jewish War Veterans of America.

(xi)  Catholic War Veterans of the United States.

(xii)  Italian-American War Veterans of the United

States, Inc.

(xiii) American Ex-prisoners of War.

(xiv)  Military Officers Association of America.

(xv)  A veterans service organization, selected by

the secretary, composed principally of veterans from the

Global War on Terrorism era, and dedicated to promoting

their issues. More than one such organization may be

represented.

(2)  Another State-level officer designated by the State

commander of the veterans service organizations listed below,

each having voting authority for one, nonsuccessive term not