51 Pa.C.S. Ch. 5

in effect

51 Pa.C.S. § 501 Powers of Governor.

The Governor of this Commonwealth as Commander-in-Chief shall have the powers enumerated hereafter in this title over the Pennsylvania military forces which includes the Pennsylvania National Guard when not absent from this Commonwealth on the call or order of the United States and the Pennsylvania Guard when formed, organized and equipped under order from the Governor in conformity with this title.

51 Pa.C.S. § 502 Acceptance of Federal allotment for Pennsylvania National Guard.

The Governor shall accept for the Commonwealth allotments of military personnel and equipment and their apportionment to the various arms and services proposed by the Department of Defense for the Pennsylvania National Guard as he may, in his discretion, deem proper for the Commonwealth to accept.

51 Pa.C.S. § 503 Training and Federal property of Pennsylvania National Guard.

The Governor shall assume the obligation of carrying out the training requirement set forth under the applicable Federal statutes and regulations for the Pennsylvania National Guard. This training function is hereby delegated and becomes the responsibility of the normal channels of command in the Pennsylvania National Guard. The Governor shall furnish suitable shelter for personnel and suitable storage facilities for Federal property, issued for use of the Pennsylvania National Guard.

51 Pa.C.S. § 504 Permanent location of Pennsylvania National Guard units.

The Governor shall establish the permanent location, within the boundaries of this Commonwealth, of any assigned, authorized organizations or units of the Pennsylvania National Guard allotted to this Commonwealth by the Department of Defense.

51 Pa.C.S. § 505 Change in organization of Pennsylvania National Guard.

The Governor shall organize or reorganize any organization or unit of the Pennsylvania National Guard so as to conform, so far as practicable, to the structure of the armed forces of the United States.

51 Pa.C.S. § 506 Organization of Pennsylvania Guard for emergency.

Whenever the Pennsylvania National Guard, or any part thereof, shall be called or ordered into the service of the United States, the Governor may organize units of the Pennsylvania Guard for the internal security of this Commonwealth. The Governor shall comply with the laws of the United States for the organization, maintenance and functioning of this force. The Governor is further empowered to organize at any time a nucleus of Pennsylvania Guard personnel for the purpose of planning.

51 Pa.C.S. § 506.1 Use of Pennsylvania National Guard for special State duty.

(a) Authorization.--The Governor may place, or delegate authority to the Adjutant General to order, any volunteer member of the Pennsylvania National Guard or, if unavailable due to call or order into the service of the United States, any member of the Pennsylvania Guard on special State duty to respond to community needs, support Commonwealth functions and ceremonies, participate in courts-martial and board functions, support State and local governments and designated critical infrastructure with cybersecurity functional support and nongovernmental and educational institutions with cyber training or exercises and perform other necessary military duties to the extent that money is appropriated and available for special State duty. (b) Report.-- (1) If members of the Pennsylvania National Guard or Pennsylvania Guard are ordered to special State duty in support of Federal, State and local cybersecurity functions, operations or training or exercise support, the Governor shall annually, by April 1, submit a report to the General Assembly setting forth the following, which shall protect the security of sensitive information: (i) the types of cybersecurity operations and training performed; (ii) the name and type of organizations supported; (iii) the number and types of personnel involved; (iv) the types of equipment and systems utilized; and (v) problems encountered in matters of jurisdiction, command and control, hostile encounters and operation approval procedures. (2) The report shall include a breakdown of support provided in the normal course of training and support substantially equivalent to training. (c) Limitation.--Special State duty shall not be provided if the provision of the support will adversely affect the ability of the Pennsylvania National Guard or Pennsylvania Guard to perform its primary military-preparedness missions. (d) Adjutant General.--In addition to the powers and duties of the Adjutant General under this title, the Adjutant General is authorized and directed to order members of the Pennsylvania National Guard to special State duty under subsection (a). (e) Pay and allowances.--Officers and enlisted personnel ordered on special State duty for which pay is authorized under the order prescribing the performance of duty shall receive the pay and allowances of their respective grades during the time the duty is ordered. The pay authorized under this subsection may not be less than $100 per day. (f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Special State duty." State military duty by the Pennsylvania military forces as authorized under this section. The term does not include active State duty authorized under section 508 (relating to active duty for emergency) or duty authorized and funded under 10 U.S.C. (relating to Armed Forces) and 32 U.S.C. (relating to National Guard). (July 7, 2022, P.L.449, No.38, eff. 60 days) 2022 Amendment. Act 38 added section 506.1.

51 Pa.C.S. § 507 Draft from militia for emergency.

The Governor shall have the power to order out for actual service with the Pennsylvania Guard by draft as many persons from the militia as necessity demands during a war or other emergency. The Governor is hereby authorized to form, adopt and prescribe such rules and regulations, and appoint such officers and civilian boards and fix their compensation, for the purpose of drafting the militia, when such process may be required, as deemed best and most expedient. Any such rules or regulations shall not conflict with any Federal Selective Service Act or National Draft Act in effect at the time. Cross References. Section 507 is referred to in section 5102 of this title.

51 Pa.C.S. § 508 Active duty for emergency.

(a) State duty.--The Governor may place the Pennsylvania National Guard, or any part thereof, or when unavailable due to call or order into the service of the United States, the Pennsylvania Guard, or any part thereof, on active duty when an emergency in this Commonwealth occurs or is threatened, or when tumult, riot or disaster shall exist or is imminent. (b) Emergency duty under compact.--The Governor may place the Pennsylvania National Guard or any part thereof on State active duty or, when appropriate, federally funded duty under 32 U.S.C. (relating to National Guard) when the Governor of another state has declared an emergency and has requested the assistance of the Pennsylvania National Guard under the provisions of Chapter 45 (relating to interstate compact) or 35 Pa.C.S. Ch. 76 (relating to emergency management assistance compact). (c) Distribution and administration of items for a virus.--Notwithstanding any other provision of law, the Pennsylvania National Guard may, within 45 days of the effective date of this subsection and in conjunction with the Department of Health and the Pennsylvania Emergency Management Agency, develop plans for the establishment and operation in each region of a site for the community distribution and administration of pharmaceuticals, medical equipment and supplies and vaccines for a virus. Administration of the vaccine shall include the inoculation of individuals by members of the Pennsylvania National Guard who possess the required training. (d) Report.--Notwithstanding any other provision of law, the Governor shall, within 45 days of the effective date of this subsection, establish and submit to the General Assembly a report on the integration of the Pennsylvania National Guard into the Commonwealth's plan for the distribution and administration of any vaccine for COVID-19, including the administration of the vaccine to individuals by members of the Pennsylvania National Guard. The report shall be prepared in consultation with the Secretary of Health, the Director of the Pennsylvania Emergency Management Agency and the Adjutant General of the Pennsylvania National Guard, and shall include the following considerations: (1) Availability and capacity of medical units of the Pennsylvania National Guard for the administration of any vaccine for COVID-19 to individuals. (2) Availability and capacity of other units of the Pennsylvania National Guard for supportive missions, including logistics and preparation for community vaccination clinics. (3) Critical missions of the Pennsylvania National Guard, including the deployment of members to skilled nursing facilities to combat outbreaks of COVID-19. (4) Current and anticipated allocations of any vaccine for COVID-19 available to the Commonwealth. (5) Federal guidance on the use of the National Guard for the purposes under this subsection. (e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Region." Each region of the Commonwealth, as identified by the Department of Health. "Virus." A virus or infectious disease, as identified by the United States Department of Health and Human Services or the Department of Health. The term includes COVID-19. (Apr. 12, 2006, P.L.75, No.24, eff. imd.; Mar. 3, 2021, P.L.20, No.4, eff. imd.) 2021 Amendment. Act 4 added subsecs. (c), (d) and (e). Cross References. Section 508 is referred to in sections 3105, 3206, 4102, 5102 of this title; sections 501, 2801, 6308.1 of Title 18 (Crimes and Offenses); section 5802 of Title 35 (Health and Safety).

51 Pa.C.S. § 509 Coordination with adjacent states.

The Governor shall confer with the Governors or proper authorities of adjacent states for the purpose of coordinating and providing for the mutual defense and the internal security and for the exchange of authority to employ the Pennsylvania military forces in other states, and the employment of their armed forces within the boundaries of this Commonwealth. This power may be delegated to the Adjutant General.

51 Pa.C.S. § 510 Promulgation of regulations and rules.

The Governor shall promulgate such rules and regulations as he may deem expedient for the government of the Pennsylvania military forces. The regulations shall conform to this title and other laws of this Commonwealth applicable to said forces and, as nearly as practicable, to those governing similar Federal armed military forces. They shall have the same force and effect as the provisions of this title and other laws affecting these forces.

51 Pa.C.S. § 511 Issuing flags, standards and guidons.

The Governor as Commander-in-Chief is hereby authorized to procure and issue from time to time to the Pennsylvania National Guard and Pennsylvania Guard such flags, standards and guidons as may be necessary, in conformance with applicable Federal and State statutes and regulations.

51 Pa.C.S. § 512 Display of POW/MIA flag.

The POW/MIA flag may be displayed at the western entrance to the Fort Pitt Tunnel in Allegheny County. (Dec. 4, 1992, P.L.771, No.119, eff. imd.) 1992 Amendment. Act 119 added section 512, retroactive to June 30, 1992.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=51Fetched: 10/16/2026