Puerto Rico Emergency Management and Homeland Security Statutory Authorities Summarized

Puerto Rico Emergency Management and Homeland Security Statutory Authorities Summarized

Order Code RS21926
September 3, 2004
CRS Report for Congress
Received through the CRS Web
Puerto Rico Emergency Management and
Homeland Security Statutory Authorities
Summarized
Keith Bea
Specialist in American National Government
Government and Finance Division
L. Cheryl Runyon and Kae M. Warnock
Consultants
Government and Finance Division
Summary
The Emergency Management Act delegates powers to the emergency management
agency for the commonwealth, authorizes hazard mitigation activities, and provides for
the establishment of the emergency fund. The Emergency Succession Act provides for
lines of succession for all levels of government. Emergency management financial
assistance and funding primarily derive from appropriations, federal aid, and certain tax
exemptions. Constitutional provisions give the governor certain emergency powers and
allow the seat of government to be moved in emergencies.
This report is one of a series that profiles emergency management and homeland
security statutory authorities of the 50 states, the District of Columbia, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico,
American Samoa, Guam, and the U.S. Virgin Islands. Each profile identifies the more
significant elements of state statutes, generally as codified. Congressional readers may
wish to conduct further searches for related provisions using the Internet link presented
in the last section of this report. The National Conference of State Legislatures provided
primary research assistance in the development of these profiles under contract to the
Congressional Research Service (CRS). Summary information on all of the profiles is
presented in CRS Report RL32287. This report will be updated as developments
warrant.
Entities with Key Responsibilities
Governor: The governor is authorized to call out the militia in response to a serious
disturbance of the public peace and may proclaim martial law in case of rebellion,
invasion, or imminent danger. The legislative assembly is to meet on its own initiative
Congressional Research Service ˜ The Library of Congress

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to ratify or revoke such a proclamation (Constitution of the Commonwealth of Puerto
Rico, Article IV, Section 4).
The governor may acquire, through eminent domain, any real or personal property
deemed useful or necessary during a disaster, including land, buildings, vehicles,
communications equipment, food, clothing, equipment, medicines and other basic
commodities (Laws of Puerto Rico, Title 25, Subtitle 1, Part I., Chap. 9B, §172(o)).
Emergency Management and Disaster Administration (EMDA): The statute created
EMDA as part of the Puerto Rico Public Safety and Protection Commission (PSPC)
(Laws of Puerto Rico, Title 25, Subtitle 1., Part I., Chap. 9B, § 172b).
Emergency Management Director: The director is appointed by the commissioner
of the PSPC, in consultation with the governor (Laws of Puerto Rico, Title 25, Subtitle
1., Part I., Chap. 9B, §172d). The director develops the commonwealth response plan and
coordinates related action; prepares the budget; establishes working or reciprocity
agreements with other commonwealth jurisdictions; establishes an educational program;
executes contracts; and adopts regulations and procedures. The director is to charge fees
for seminars, training sessions, conferences, workshops, or courses on emergency and
disaster management; establish regional offices throughout the commonwealth; and
organize and train groups and individuals for emergency management. The director is to
acquire by purchase, real and personal property, equipment, materials, services and
supplies and solicit and accept funds and donations from any commonwealth or federal
entity or others in or outside of the commonwealth. The director plans for the mitigation
of natural as well as technological risks and presides over the Interagency Risk Mitigation
Committee. The director acts as mitigation officer for the commonwealth and appoints
an alternate mitigation officer and deputy director (Laws of Puerto Rico, Title 25, Subtitle
1, Part I., Chap. 9B, §172e-f). The director determines which agencies are part of the
commonwealth response plan and establishes the Emergency Management and Disaster
Administration office to develop and implement internal plans (Laws of Puerto Rico, Title
25, Subtitle 1, Part I., Chap. 9B, §172h).
Interagency coordinators: The director is to appoint an interagency coordinator to
act as liaison and to coordinate actions and exercise decision-making authority over funds
and resources. Coordinators must prepare an updated recovery plan that includes actions,
measures and priorities to return the commonwealth to normal conditions as soon as
possible, in coordination with the commonwealth response plan (Laws of Puerto Rico,
Title 25, Subtitle 1, Part I., Chap. 9B, §172h).
Interagency Natural and Technological Risk Management Committee: See “Hazard
Mitigation.”
Municipal emergency management and disaster administration offices:
Municipalities are authorized to establish municipal offices responsible for developing
and implementing the emergency management and disaster administration plans.
Municipal directors are appointed by the mayor and approved by the municipal assembly,
and undertake the initial response to emergencies and disasters, as well as mitigation,
preparation, and recovery efforts required in the municipality (Laws of Puerto Rico, Title
25, Subtitle 1, Part I., Chap. 9B, §172l).

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Safety and Public Protection Commission: The statute establishes the adjutant
general as a member of the commission who coordinates the national guard in special
operations against crimes and emergencies caused by natural disasters or by man (Laws
of Puerto Rico, Title 3, Appendix V § I (2002) §I-II). The statute established the
position of commissioner with the duty, among others, to develop plans, programs and
services regarding the protection of the citizenry in cases of fire and emergencies caused
by natural disasters or by man (Laws of Puerto Rico, Title 3, Appendix V §IV).
Municipal governments: Each municipality must establish programs and adopt
measures that provide aid in emergencies or natural disasters (Laws of Puerto Rico, Title
21, Subtitle 6, Chap. 203, §4054(f)).

Mayors: Mayors are authorized to proclaim a state of emergency by executive order
and identify measures to be taken in cases of natural disaster, catastrophic accident, and
situations which place life, health, safety, peace of mind and welfare of the citizenry in
imminent danger or significantly interrupt community services. When the governor of
Puerto Rico declares an emergency, the mayor is relieved of the authority invoked in the
proclamation (Laws of Puerto Rico, Title 21, Subtitle 6, Chap. 205, §4109(u)).
Interagency Natural and Technological Risk Management Committee: The
committee is responsible for preparing and implementing the commonwealth mitigation
plan; establishing priorities; assessing the nature of damages caused by an emergency or
disaster; and recommending mitigation actions to curtail future damages. Commonwealth
agencies are to appoint directors to participate as members of the committee and to
coordinate and prepare mitigation plans and activities in their respective agencies (Laws
of Puerto Rico, Title 25, Subtitle 1, Part I., Chap. 9B, §172I).
Preparedness
See “Entities with Key Responsibilities,” especially Emergency Management
Director, Interagency coordinators, and Municipal emergency management and disaster
administration offices.
Declaration Procedures
During a presidentially declared disaster, emergency and disaster plans and programs
of the commonwealth are to be coordinated with the U.S. Government. The EMDA
director serves as the liaison between the commonwealth and the federal government.
When the intervention of the EMDA is pertinent, the governor decrees a state of disaster
through executive order. The director is responsible for the coordination, implementation
and administration of disaster management plans and programs (Laws of Puerto Rico,
Title 25, Subtitle 1., Part I., Chap. 9B, §172g).
The governor may decree that a state of emergency or disaster exists, may request
federal assistance from President of United States, and is authorized to order, amend or
revoke regulations, and issue, amend or cancel those orders. The governor may order the
removal of rubble and debris, acquire through purchase, donation, or eminent domain, any
real or personal property, and recommend that the commissioner request total or partial

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activation of resources available to the military forces of the commonwealth (Laws of
Puerto Rico, Title 25, Subtitle 1, Part I., Chap. 9B, §172m).
Types of Assistance
The Department of Housing works with commonwealth agencies to administer and
maintain temporary housing for emergency or disaster victims. The primary responsibility
for maintaining and operating temporary housing rests with the secretary of housing
(Laws of Puerto Rico, Title 25, Subtitle 1, Part I., Chap. 9B, §172j).
The director of emergency management appoints a search and rescue coordinator to
develop programs, including the Search and Rescue Volunteer Service. The Civil
Defense Corps of Volunteers is included in this function (Laws of Puerto Rico, Title 25,
Subtitle 1, Part I., Chap. 9B, §172k).
Using any available resources, the governor may order the removal of rubble or
debris that could affect public health, private land, or bodies of water, with prior written
approval of owners of private property. Property owners must hold the governor and the
governor’s agents harmless from damages caused to property and further agree to
compensate the commonwealth government if a claim arises as result of clearance or
removal of debris (Laws of Puerto Rico, Title 25, Subtitle 1, Part I., Chap. 9B, §172n).
Individuals are allowed deductions for losses sustained during the taxable year due
to earthquakes, hurricanes, storms, tropical depressions and floods in a designated disaster
area. Covered losses include automobiles, furniture, and household goods (excluding
jewelry or cash) not compensated for by insurance. Deductions are limited to $5,000
dollars per individual or $2,500 per married individual filing a separate return (Laws of
Puerto Rico, Title 13, Subtitle 14, Part III, Chap. 853, Subchapter B, §8423(aa)(2)(G)).
A municipality may assign or donate public funds to persons with real and specific
needs concerning natural disasters and other conditions. Municipal officers must verify
that the person is indigent and that municipal functions, activities and operations are
neither interrupted nor adversely affected. The assignment of funds must be approved by
the municipal assembly (Laws of Puerto Rico, Title 21, Subtitle 6, Chap. 219, 21 §4464a).
Mutual Aid
The Emergency Management Assistance Compact is codified (Laws of Puerto Rico,
Title 1, Chap. 31, §621-633).
The governor may order the municipal police into active service with the
commonwealth police due to an emergency such as natural disaster, or to protect public
order and safety. Such activations cannot exceed 15 calendar days unless authorized by
the municipal assembly and signed by the mayor (Laws of Puerto Rico, Title 21. Subtitle
3, Chap. 97, §1076).

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Funding
Regular expenses for the operation of the EMDA are consigned annually in the
general expenses budget of the commonwealth government. Special expenses incurred
during a state of emergency or disaster are reimbursed from the emergency fund (Laws
of Puerto Rico, Title 25, Subtitle 1, Part I., Chap. 9B, §172s).
The statute created a trust fund under custody of the Secretary of the Treasury,
known as the “emergency fund,” which is capitalized by specified amounts derived from
total net revenues. The governor and the director of the Office of Management and
Budget may order sums greater than that fixed by law if deemed convenient. The balance
within the emergency fund cannot exceed 5% of funds appropriated in the Joint Budget
Resolution for the year the resources are to be covered. The fund is to be used to meet
unexpected and unforseen public needs caused by natural disasters, wars, and plagues, to
protect lives and property of the people and to aid the United States and other countries.
If sent outside the Commonwealth, aid is limited to $25,000 (Laws of Puerto Rico, Title
3, Chapter 21, §457-464).
Hazard Mitigation
The intent of the legislature in creating the emergency fund is to, in part, enable the
commonwealth to “avoid” calamities. See “Funding,” (Laws of Puerto Rico, Title 3,
Chap. 21, § 459).
See also “Entities with Key Responsibilities,” — I n t e r a g e n c y N a t u r a l a n d
Technological Risk Management Committee.
Continuity of Government Operations
In case of invasion, rebellion, epidemic or any other event that causes a state of
emergency, the governor may call the legislative assembly to meet in a place other than
the capitol, subject to the approval or disapproval of the legislative assembly. The
governor may, during the period of emergency, order the government, its agencies and
instrumentalities to be moved temporarily to a place other than the seat of the government
(Constitution of the Commonwealth of Puerto Rico, Article VI, Section 17).
Emergency Succession Act: The statute provides a line of succession for
departments and agencies within the executive branch for the resumption of government
temporarily suspended due to an attack. When organizations do not provide for the
appropriate number of successors the succession plan must guarantee the continuity of
essential services. The governor determines the line of succession for secretaries of the
executive branch of government. Emergency successors must take the oath of office and
may only exercise authority when Puerto Rico is attacked (Laws of Puerto Rico, Title 25,
Subtitle 1, Part I., Chap. 9, §161-168).
Other
The statute provides for leave for voluntary service in the Civil Defense Corps in
case of disasters (Laws of Puerto Rico, Title 3, Chap. 51, Subchapter V, §1355(4)).

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The statute authorizes municipal employees to receive leave with or without pay to
render volunteer services to the Civil Defense Corps and other organizations that render
emergency services in case of disasters (Laws of Puerto Rico, Title 21, Subtitle 6, Chap.
223, §4568(g)).
The owner of real property used as a shelter to house persons during an emergency
or disaster, or during a drill are held harmless from damages from persons placed or
housed in the shelter, and from employees or officials. The commonwealth government
and its employees and municipalities cannot be held liable (Laws of Puerto Rico, Title 25,
Subtitle 1, Part I., Chap. 9B, §172p).
Key Terms
Table 1. Key Emergency Management and Homeland Security
Terms Defined in Puerto Rico Statutes, with Citations
Terms
Citations
Attack
Laws of Puerto Rico, Title 25, Chapter 9, §163(a)
Federal disaster assistance
Laws of Puerto Rico, Title 25, Subtitle 1, Part I, Chap.
9B, §172a.(b)
Disaster
Laws of Puerto Rico, Title 25, Subtitle 1, Part I., Chap.
9B, §172a.(e)
Emergency Support
Laws of Puerto Rico, Title 25, Subtitle 1, Part I., Chap.
Functions (ESF)
9B, §172a(i)
Emergency management
Laws of Puerto Rico, Title 25, Subtitle 1, Part I., Chap.
9B, §172a(j)
Mitigation
Laws of Puerto Rico, Title 25, Subtitle 1, Part I., Chap.
9B, §172a. (k)
State Coordinating Officer
Laws of Puerto Rico, Title 25, Subtitle 1, Part I., Chap.
(SCO)
9B, §172a(l)
Preparation
Laws of Puerto Rico, Title 25, Subtitle 1, Part I., Chap.
9B, §172a(m)
Recovery
Laws of Puerto Rico, Title 25, Subtitle 1, Part I., Chap.
9B, §172a(n)
Response
Laws of Puerto Rico, Title 25, Subtitle 1, Part I., Chap.
9B, §172a(p)
For Further Research
The citations noted above and other elements of the state code for Puerto Rico may
be searched, in Spanish, at [http://www.lexjuris.com/].