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A00394
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
803
Session of
2021
INTRODUCED BY O'NEAL, SAYLOR, HERSHEY, PICKETT AND HILL-EVANS,
MARCH 8, 2021
REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY
PREPAREDNESS, MARCH 8, 2021
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in National Guard Youth Challenge
Program, further providing for definitions and for
administration, establishing the Keystone State Challenge
Academy Fund and further providing for report and for audit
required.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 9801 of Title 51 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 9801. 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:
"Fund." The Keystone State Challenge Academy Fund
established under section 9807 (relating to Keystone State
Challenge Academy Fund).
* * *
Section 2. Sections 9806, 9807, 9810 and 9811 of Title 51
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are amended to read:
§ 9806. Administration.
(a) Staffing.--Subject to 32 U.S.C. § 509 (relating to
National Guard Youth Challenge Program of opportunities for
civilian youth) and its implementing regulations and applicable
agreements, the program shall be staffed by the administrative,
professional, technical and clerical employees necessary for the
operation of the program.
(b) Statement of policy.--The department shall adopt a
statement of policy for the maintenance and use of the fund
within 60 days of the effective date of this subsection. The
policy shall be transmitted as a notice to the Legislative
Reference Bureau for publication in the Pennsylvania Bulletin
but shall not be subject to review under section 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law, sections 204(b) and 301(10) of the
act of October 15, 1980 (P.L.950, No.164), known as the
Commonwealth Attorneys Act, or the act of June 25, 1982
(P.L.633, No.181), known as the Regulatory Review Act.
§ 9807. [Funding.] Keystone State Challenge Academy Fund.
(a) Establishment.--The Keystone State Challenge Academy
Fund is established as a special fund in the State Treasury.
(b) Appropriation.--All money deposited into the fund and
the interest the fund accrues are appropriated to the department
on a continuing basis to be used for the purposes provided under
this chapter.
(c) Use of fund.--The fund may only be used for the purposes
provided for under this chapter and no money in the fund may be
transferred or diverted to any other purpose by administrative
action.
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(d) Sources of money.--Money available to the fund shall
include appropriations and transfers from the General Fund,
special funds, Federal funds and other sources of revenue made
available to the fund.
(e) Allocation.--Money from the fund shall be allocated for
the purposes provided for under this chapter no later than
October 31, 2021, and each October 31 thereafter.
(f) Funding.--The department shall apply for funding, as
provided for under 32 U.S.C. § 509(d) (relating to National
Guard Youth Challenge Program of opportunities for civilian
youth). Under 32 U.S.C. § 509(j), the department may supplement
such funding with other resources, including gifts, made
available to the department and may also accept, use and dispose
of gifts or donations of money, other property or services for
the program.
§ 9810. Report.
[The department shall submit annually to] By July 31,
September 30, 2021, and each July 31 September 30 thereafter,
the department shall submit to the chairperson and minority
chairperson of the Appropriations Committee of the Senate, the
chairperson and minority chairperson of the Education Committee
of the Senate, the chairperson and minority chairperson of the
Veterans Affairs and Emergency Preparedness Committee of the
Senate, the chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives, the
chairperson and minority chairperson of the Education Committee
of the House of Representatives and the chairperson and minority
chairperson of the Veterans Affairs and Emergency Preparedness
Committee of the House of Representatives a written report
concerning the program. The report shall include, but not be
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limited to, all of the following:
(1) The number of individuals who applied to the program
in the previous fiscal year.
(2) The number of individuals who participated in the
program in the previous fiscal year.
(3) The number and percentage of program participants in
the previous fiscal year who achieved each of the following:
(i) Earned a high school diploma or its equivalent.
(ii) Enrolled in a course of study at an institution
of higher education.
(iii) Accepted a position of full-time, paid
employment.
(iv) Accepted a position of part-time, paid
employment.
(v) Entered the armed forces of the United States,
including a reserve component or the National Guard.
(4) The demographic makeup of the applicants to, and
participants in, the program, including, but not limited to,
the following:
(i) Race.
(ii) Age.
(iii) Gender.
(4.1) Details on the revenues and expenditures of the
fund in the prior fiscal year and the identification and
description of activities, programs and projects which
received money from the fund.
(5) Any information the department provides to the
Secretary of Defense under 32 U.S.C. § 509(k) (relating to
National Guard Youth Challenge Program of opportunities for
civilian youth).
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§ 9811. Audit required.
The department shall undergo an annual audit of the program.
The audit shall be conducted as part of the Commonwealth's
Single Audit by a qualified [independent] certified public
accountant under generally accepted audit standards of the
Governmental Accounting Standards Board. The audit shall be
submitted to the following:
(1) The chairperson and minority chairperson of the
[Education] Appropriations Committee of the Senate.
(1.1) The chairperson and minority chairperson of the
Education Committee of the Senate.
(2) The chairperson and minority chairperson of the
Veterans Affairs and Emergency Preparedness Committee of the
Senate.
(2.1) The chairperson and minority chairperson of the
Appropriations Committee of the House of Representatives.
(3) The chairperson and minority chairperson of the
Education Committee of the House of Representatives.
(4) The chairperson and minority chairperson of the
Veterans Affairs and Emergency Preparedness Committee of the
House of Representatives.
Section 3. This act shall take effect immediately.
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