P.R. Laws tit. 25, § 2058

2019-02-20 00:00:00+00
§ 2058. Authority and duties of the Commander-in-Chief

The Governor of the Commonwealth of Puerto Rico in his character as Commander-in-Chief of the National Guard shall be empowered to:

(a) Appoint, with the advice and consent of the Senate of Puerto Rico, the Adjutant General of Puerto Rico.

(b) Order the National Guard of Puerto Rico or any part thereof, into active Commonwealth military service when the public safety requires it in cases such as war, invasion, insurrection, rebellion, riot, public disturbances or imminent danger thereof, or in cases of natural disasters such as hurricanes, storms, floods, earthquakes, fires, and other causes of force majeure.

He/she may also order the use of equipment, assets and personnel of the National Guard of Puerto Rico in the following situations:

(1) In support of officials of public law and order in functions directed to control drug trafficking.

(2) To receive, send off and provide transportation and escort service to dignitaries, and to participate in parades, marches, military reviews and similar ceremonies.

(3) When it constitutes a viable alternative for the rendering of specialized health services, technical engineering equipment or education, and because these are not reasonably available from civil, public, or commercial sources; Provided, That the agency that requests such services shall pay the costs incurred by the National Guard in rendering the services, from any available funds.

(c) Order into federal active military service the National Guard of Puerto Rico or any part thereof, at the request of the President of the United States to serve in such federal active military service or as a part of the Army or Air Force of the United States.

(d) Order and authorize the Adjutant General of Puerto Rico to adopt standards and regulations for the organization, training, operations and provisioning of the Armed Forces of Puerto Rico.

(e) Contract with the Secretaries of the Army and Air Force of the United States for the acceptance of troops and military units to form part of the National Guard of Puerto Rico.

(f) Designate the person who shall be appointed as Property and Finance Officer of the United States who shall serve in the Federal Active Military Service and shall be attached to the National Guard of Puerto Rico and shall discharge his office at the pleasure of the Commander-in-Chief and until his successor is appointed.

(g) Promulgate, in accordance with Act No. 112 of June 30, 1957, known as the Rules and Regulations Act of 1958, as amended, those regulations of military character as may be necessary for compliance with the purposes of this part.

(h) Make appointments and changes in the rank of officers of the Military Forces of Puerto Rico and, upon the previous requirements and procedures as may be hereinbelow established, separate or dismiss same from the Military Forces of Puerto Rico.

(i) Determine from time to time the composition of the units of the National Guard of Puerto Rico which will be organized as well as the geographical location assigned to the corresponding units.

(j) Order the enrollment for the Military Forces of Puerto Rico.

(k) Call general, special and summary courts-martial for the Military Forces of Puerto Rico.

It being provided, that the Commander-in-Chief may delegate in the Adjutant General any one of the powers or faculties hereinbefore mentioned, except as to subsections (a), (b) and (c) of this section.

History —June 23, 1969, No. 62, p. 117, § 207; May 19, 1976, No. 44, p. 117, § 1; July 20, 1989, No. 28, p. 99, § 1.