An Act amending Title 51 (Military Affairs) of the Pennsylvania Consolidated Statutes, in military educational programs, further providing for definitions, for eligibility, for certification of eligibility, for grants, for amount of grants, for limitations and for recoupment of grant payments.

PRINTER'S NO. 3098
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2323
Session of
2026
INTRODUCED BY PROKOPIAK, WEBSTER, INGLIS, CERRATO, BOROWSKI,
HOGAN, VENKAT, CONKLIN, HILL-EVANS, KHAN, DOUGHERTY, SANCHEZ,
SOLOMON, GUENST, FREEMAN, HOHENSTEIN, PARKER, HOWARD, CEPEDA-
FREYTIZ, BOYD, STEELE, NEILSON AND CIRESI, MARCH 26, 2026
REFERRED TO COMMITTEE ON EDUCATION, MARCH 27, 2026
AN ACT
Amending Title 51 (Military Affairs) of the Pennsylvania
Consolidated Statutes, in military educational programs,
further providing for definitions, for eligibility, for
certification of eligibility, for grants, for amount of
grants, for limitations and for recoupment of grant payments.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "eligible member" and
"promissory note" in section 3201 of Title 51 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 3201. 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:
* * *
"Eligible member." A member of the Pennsylvania National
Guard or of a reserve component of any branch of the United
States Armed Forces who meets the criteria specified in section
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3202 (relating to eligibility) and who has been awarded a
certificate of eligibility under section 3203 (relating to
certification of eligibility).
* * *
"Promissory note." A written contract signed by [a member of
the Pennsylvania National Guard] an eligible member in which the
member promises to repay the awarded grant amount.
* * *
Section 2. Section 3202(a) introductory paragraph and (2),
(b)(2), (c.1) and (d) introductory paragraph and (2) of Title
51, amended July 7, 2025 (P.L.108, No.32), are amended and
subsections (a) and (b) are amended by adding paragraphs to
read:
§ 3202. Eligibility.
(a) General rule.--A member of the Pennsylvania National
Guard or of a reserve component of any branch of the United
States Armed Forces is eligible to receive an educational
assistance grant under this subchapter if the member meets all
of the following eligibility criteria:
(2) Except as otherwise provided in subsection (d) and
section [3206(b)] 3206(b.1) (relating to limitations), the
member is a member in good standing and has been a
satisfactory participant in Pennsylvania National Guard or
United States Armed Forces reserve activities for a minimum
service period established by the Adjutant General.
(2.1) If the member is a member of a reserve component
of the United States Armed Forces, the member is a resident
of this Commonwealth.
* * *
(b) Additional eligibility criteria for full-time
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educational assistance grants.--In addition to the eligibility
criteria specified in subsection (a), an eligible member must
meet the following eligibility criteria to qualify for a full-
time educational assistance grant:
(2) [The] If the eligible member is a member of the
Pennsylvania National Guard, the member accepts an obligation
to serve in the Pennsylvania National Guard for a period of
six years and has not accepted an obligation under Subch. A.1
(relating to Military Family Education Program) for the same
six-year period.
(2.1) If the eligible member is a member of a reserve
component of the United States Armed Forces, the member
accepts an obligation to serve in the United States Armed
Forces for a period of eight years.
* * *
(c.1) Successive certificate.--Upon completion of [a six-
year] an obligation for which an eligible member received an
educational assistance grant certificate of eligibility, an
eligible member may receive successive educational assistance
grant certificates of eligibility for a successive [six-year]
commitment.
(d) Retention of benefit.--A member who receives an other
than dishonorable discharge before completing [their six-year]
the applicable service obligation shall remain eligible for the
earned proportional share of an educational assistance grant
under this subchapter if the member meets all eligibility
requirements outlined in subsections (a) and (b), except for
continued membership in the Pennsylvania National Guard or in a
reserve component of the United States Armed Forces. The former
member must begin a course of study within two years of [their]
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discharge, with the program scheduled to be completed no later
than six years after the date of discharge, and must also meet
one of the following additional eligibility conditions:
* * *
(2) the member was discharged at the convenience of the
department or the Pennsylvania National Guard or the United
States Department of Defense; or
* * *
Section 3. Sections 3203, 3204(b) and 3205(c)(2) of Title 51
are amended to read:
§ 3203. Certification of eligibility.
(a) Pennsylvania National Guard.--The department shall
certify members of the Pennsylvania National Guard as eligible
to participate in the program who meet the eligibility criteria
set forth in section 3202 (relating to eligibility) and shall
provide the agency with a certificate of eligibility for an
eligible member.
(b) Reserve components.--The Adjutant General shall consult
with the United States Department of Defense in determining any
additional eligibility criteria for members of reserve
components of the United States Armed Forces, including
retention of benefits, recoupment of grant payments and
forgiveness of recoupment. The department shall provide the
agency with a certificate of eligibility for an eligible member.
§ 3204. Grants.
* * *
(b) Promissory notes.--Upon the receipt of the grant, an
eligible member shall sign a promissory note obligating the
eligible member to repay the full amount of the grant if the
eligible member fails to fulfill the service obligation under
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section [3207(a)] 3207(c) (relating to recoupment of grant
payments).
§ 3205. Amount of grants.
* * *
(c) Other grants and financial aid.--
* * *
(2) Prior to making a grant under this subchapter, the
approved institution of higher learning shall first consider
any Federal tuition assistance received by the eligible
member and then shall award a grant under this subchapter if
the eligible member requires additional financial aid to
cover the costs of attendance for an approved program of
higher education. A grant under this subchapter shall be paid
or refunded to the eligible member for approved costs of
attendance. Grants authorized under this subchapter shall be
reduced so that the total of all Federal and State military
education benefits, as administered by the Pennsylvania
National Guard or a reserve component of the United States
Armed Forces, as applicable, do not exceed 100% of the costs
of attendance.
* * *
Section 4. Section 3206(b) of Title 51 is amended and the
section is amended by adding a subsection to read:
§ 3206. Limitations.
* * *
[(b) Active duty.--
(1) Except as otherwise provided in paragraph (2) or
(3), no grant payments shall be made under this subchapter
except during the eligible member's term of service as a
member in good standing of the Pennsylvania National Guard.
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(2) For eligible members who were called or ordered to
active Federal service or active State duty under section 508
(relating to active State duty for emergency) after September
11, 2001, the deadline for making grant payments shall be
extended for one additional month for each month or part of
month of such service after the eligible member is discharged
or released under other than dishonorable conditions from the
Pennsylvania National Guard.
(3) For eligible members discharged because of a
disability incurred in the line of duty who are eligible
under section 3202(c) (relating to eligibility), the deadline
for making grant payments shall be:
(i) Six years after the eligible member's medical
discharge for members discharged for a medical disability
on or after the effective date of this paragraph unless
extended under section 3202 (c)(6).
(ii) Six years following the effective date of this
paragraph for eligible members discharged for a medical
disability after September 11, 2001, and before the
effective date of this paragraph unless extended under
section 3202 (c)(6).]
(b.1) Active duty.--
(1) For eligible members who are members of the
Pennsylvania National Guard:
(i) Except as provided in subparagraph (ii) or
(iii), grant payments may be made only during the
eligible member's term of service as a member in good
standing of the Pennsylvania National Guard.
(ii) If an eligible member was called or ordered to
active Federal service or active State duty under section
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508 (relating to active duty for emergency) after
September 11, 2001, the deadline for making grant
payments shall be extended by one month for each month or
part of a month of that service, beginning after the
member's discharge or release under conditions other than
dishonorable from the Pennsylvania National Guard.
(iii) For an eligible member discharged for a
disability incurred in the line of duty, the deadline for
making grant payments is six years from the date of the
member's medical discharge, including members medically
discharged after September 11, 2001.
(2) For eligible members who are members of a reserve
component of the United States Armed Forces:
(i) Except as provided in subparagraph (ii) or
( iii), grant payments may be made only during the
eligible member's term of service as a member in good
standing of a reserve component of the United States
Armed Forces.
(ii) If an eligible member served on active duty
after September 11, 2001, the deadline for making grant
payments shall be extended by one month for each month or
part of a month of that service, beginning after the
member's discharge or release under conditions other than
dishonorable from service in the United States Armed
Forces.
(iii) For an eligible member discharged for a
disability incurred in the line of duty, the deadline for
making grant payments is six years from the date of the
member's medical discharge, including members medically
discharged after September 11, 2001.
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* * *
Section 5. Section 3207 of Title 51, amended July 7, 2025
(P.L.108, No.32), is amended to read:
§ 3207. Recoupment of grant payments.
[(a) General rule.--
(1) Except as provided in paragraph (2), an eligible
member who fails to meet the six-year service obligation of
this subchapter or to meet other requirements established by
the Adjutant General or the agency is liable to the
Commonwealth for repayment of all or part of any grant
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 3204(b)
(relating to grants) shall be repaid by the eligible member
upon demand by the agency on a schedule as the agency may
determine.
(2) Notwithstanding section 3204(b), an eligible member
who fails to meet the six-year service obligation of this
subchapter or meet other requirements established by the
Adjutant General shall only be liable to the agency for a
proportional share of the promissory note under section
3204(b). The agency shall reduce the amount owed by an
eligible member based off the time of service obligation
completed.
(b) Forgiveness of recoupment.--The Adjutant General shall
notify the agency and the agency shall forgive recoupment of all
or part of an eligible member's grant payments if the Adjutant
General determines that the eligible member's failure to fulfill
the six-year service obligation was the result of one of the
following:
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(1) Death.
(2.1) Discharge because of a medical determination that
is not due to the eligible member's misconduct.
(3.1) Discharge at the convenience of the department or
the Pennsylvania National Guard.
(4) The existence of other compelling circumstances that
warrant forgiveness.]
(c) Recoupment.--
(1) For an eligible member who is a member of the
Pennsylvania National Guard:
(i) Except as provided in subparagraph (ii), an
eligible member who fails to meet the six-year service
obligation under this subchapter or to meet other
requirements established by the Adjutant General or the
agency is liable to the Commonwealth for repayment of all
or part of any grant 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 3204(b) (relating to grants) shall be
repaid by the eligible member upon demand by the agency
on a schedule the agency determines.
(ii) Notwithstanding section 3204(b), an eligible
member who fails to meet the six-year service obligation
under this subchapter or to meet other requirements
established by the Adjutant General is liable only for a
proportional share of the promissory note under section
3204(b). The agency shall reduce the amount owed based on
the portion of the service obligation completed.
(2) For an eligible member who is a member of a reserve
component of the United States Armed Forces:
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(i) Except as provided in subparagraph (ii), an
eligible member who fails to meet the eight-year service
obligation under this subchapter or to meet other
requirements established by the Adjutant General or the
agency is liable to the Commonwealth for repayment of all
or part of any grant 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 3204(b) shall be repaid by the eligible
member upon demand by the agency on a schedule the agency
determines.
(ii) Notwithstanding section 3204(b), an eligible
member who fails to meet the eight-year service
obligation under this subchapter or to meet other
requirements established by the Adjutant General is
liable only for a proportional share of the promissory
note under section 3204(b). The agency shall reduce the
amount owed based on the portion of the service
obligation completed.
(d) Forgiveness of recoupment.--
(1) For an eligible member who is a member of the
Pennsylvania National Guard, the Adjutant General shall
notify the agency, and the agency shall forgive recoupment of
all or part of the eligible member's grant payments if the
Adjutant General determines that the eligible member's
failure to fulfill the six-year service obligation was the
result of one of the following:
(i) Death.
(ii) Discharge because of a medical determination
that is not due to the eligible member's misconduct.
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(iii) Discharge at the convenience of the department
or the Pennsylvania National Guard.
(iv) Other compelling circumstances that warrant
forgiveness.
(2) For an eligible member who is a member of a reserve
component of the United States Armed Forces, the Adjutant
General shall notify the agency, and the agency shall forgive
recoupment of all or part of the eligible member's grant
payments if the Adjutant General determines that the eligible
member's failure to fulfill the eight-year service obligation
was the result of one of the following:
(i) Death.
(ii) Discharge because of a medical determination
that is not due to the eligible member's misconduct.
(iii) Discharge at the convenience of the United
States Department of Defense.
(iv) Other compelling circumstances that warrant
forgiveness.
Section 6. This act shall take effect in 60 days.
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