Calendar No. 1167 
920 
(CONGRESS 
SENATE 
! 
REepPoORT 
2d Session 
No. 92-1223 
  
  
AUTHORIZING THE ESTABLISHMENT OF A NATIONAL 
GUARD UNIT IN THE VIRGIN ISLANDS 
  
SEPTEMBER 25, 1572.—Ordered to be printed 
  
Mr. Roeert C. BYrp (for Mr. Bentsen) from the Committee on Armed 
Services, submitted the following 
REPORT 
[To accompany H.R. 3817] 
The Committee on Armed Services, to which was referred the bill 
(FLR. 3817) to amend titles 10 and 32, United States Code, to author- 
ize the establishment of 
a National Guard for the Virgin Islands, 
having considered the same, reports favorably thereon with an amend- 
ment and recommends that the bill as amended do pass. 
EXPLANATION 
OF THE AMENDMENT 
The amendment as approved by the Senate would preclude the Fed- 
eral recognition of any officer of the Virgin Islands National Guard 
in 
a grade above colonel. In view of the limited population of the 
Virgin Islands and the small National Guard troop structure contem- 
plated for the Virgin Islands, the committee was of the opinion that 
no federally recognized National Guard rank above colonel could be 
justified. 
: 
Purpose or THE Brun 
Under existing law the authority to organize National Guard units 
is limited to several States, the Commonwealth of Puerto Rico, the 
District of Columbia and the Canal Zone. There is now no authority 
for a National Guard in the Virgin Islands. This bill would grant 
such authority. 
ExrraNartion or THE Bro 
This bill would provide authority for the establishment of ‘a Na- 
tional Guard unit in the Virgin Islands. 
If a National Guard unit were established in the Virgin Islands, it 
would be in the position to render immediate assistance in times of 
disaster. At present the Virgin Islands disaster resources are limited. 
83-010
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The islands themselves are separated by water and, in turn, are sep- 
arated from their nearest source of aid (Puerto Rico) by approxi- 
mately 100 miles of water. 
Since the Virgin Islands lie in 
a so-called hurricane belt of the 
Atlantic and Caribbean, there is a continuing possibility of a national 
disaster. If the Governor of the Virgin Islands had a National Guard 
unit immediately available to him, 
it could aid in alleviating dis- 
tress in restoring communications and other vital services. 
In addition, although there have been no civil disorders of any 
magnitude in the Virgin Islands in the past, such disturbances have 
occurred on other islands in the Caribbean, which supply many of 
the labor force in the Virgin Islands, and the possibility of local dis- 
orders cannot entirely be disregarded. 
The Virgin Islands police force, approximately 350 in strength, is 
distributed among the Islands of St. Thomas, St. Croix, and St. John. 
In the event of a major civil disturbance, the availability of National 
Guard would significantly reduce the need to call upon Federal au- 
thorities for assistance. 
There are no military garrisons of any size in or adjacent to the 
Virgin Islands. Three U.S. Army Reserve military police units, an ag- 
gregate strength of 69 members, are stationed in the Virgin Islands. 
These units are not subject to be ordered to active duty by the Gov- 
ernor. If this bill is enacted the Virgin Island authorities propose to 
seek the allocation of Army National Guard units consisting of one 
company to be stationed at St. Thomas, one company to be stationed 
on St. Croix, and a combined battalion and State headquarters on one 
of these islands. The Department of Defense has provided this com- 
mittee with the proposed troop structure as follows: 
Prorosep TrooP STRUCTURE—TFOR VIRGIN Israxp ARNG 
  
  
  
Unit 
Required 
Authorized 
State headquarters and headquarters detachment___________________________________ 
30 
30 
Mi yolce Company. 
ot 
lL CL Ra 
Eh 
170 
170 
aR 
a RS 
a 
a 
170 
170 
oSameee Bands 
in 
te aa 
EE ee 
29 
29 
UC 
RI 
WE 
TR se BS Ae 
Dl Gna 
UE 
399 
399 
  
  
  
Colonel 
Ah 
I ER 
TE CT 
CRD 
3 
lieutenant colonel... 
So DT Sd SC 
ne 
ae bl 
2 
Major 
de 
a LE Ce 
BR 
a 
na 
4 
Cabal ee 
SE 
HR 
I 
NE AROS SA 
6 
Warrant: 
officer... cov 
2 
Rt 
BIE Saat iegl Soba Ee 
Ras 
1 
Mekal cor iain 
ia 
30 
ee 
i 
S 
The bill, 
if enacted, provides that participants in the National 
Guard unit to be established in the Virgin Islands would be entitled 
to pay and allowances under the appropriate sections of title 37, 
United States Code. 
Fiscan Data 
The Secretary of the Army has assured this committee that enact- 
ment of this legislation as proposed will cause no increase in National 
S. Rept. 92-1223
3 
Guard strength authorizations 
or budgetary requirements 
of 
the 
Department of Defense. We are also informed that since current 
financial plans of the Department of Army do not specifically include 
support for a National Guard organization in the Virgin Islands, the 
implementation of the legislation would depend upon the availability 
of the necessary resources. 
The committee has been provided estimates on first year and recur- 
ring annual costs and it is the committee’s sincere hope that implemen- 
tation can be accomplished for considerably less. 
DEPARTMENTAL POSITION 
The Department of the Army, on behalf of the Department of 
Defense, favors enactment of this legislation. 
A letter from the Sec- 
retary of Defense on similar legislation is set out below as part of this 
report. 
DEPARTMENT OF THE ARMY, 
Washington, D.C., April 13,1972. 
Hon. Joux C. STENNIS, 
Chairman, Committee on Armed Services, 
U.S. Senate. 
Dear Mr. CuatrMAN : Reference is made to your request to the Sec- 
retary of Defense for the views of the Department of Defense on S. 
2618, 92d Congress, a bill to amend titles 10 and 32, United States 
Code, to authorize the establishment of a National Guard for the Vir- 
gin Islands. The Department of the Army has been assigned responsi- 
Dili for expressing the views of the Department of Defense on this 
ill. 
The title of the bill states its purpose. 
The Department of the Army on behalf of the Department of De- 
fense has considered the bill. 
Under existing law, the authority to organize and maintain National 
Guard units is limited to the several States, the Commonwealth of 
Puerto Rico, the Canal Zone, and the District of Columbia. There is 
no National Guard in the Canal Zone. 
It would be desirable to have National Guard units available to the 
government of the Virgin Islands in case of natural disaster, and to 
provide military aid to civil authorities in the case of local disorder. 
While the Virgin Islands have escaped the raveges of severe tropi- 
cal storms in recent past, they lie in the so-called “Hurricane Belt” of 
the Atlantic and Caribbean, and such storms and other natural disas- 
ters might occur at almost any time. 
Again, while they have experienced no civil disorders of any magni- 
tude for many years, such disturbances have been occurring on other 
islands of the Caribbean which supply a considerable number of the 
alien and migrant laborers in the Virgin Islands, and the possibility 
of similar disorders in this area cannot be altogether eliminated. 
The Virgin Islands police force, currently numbering about 350, 
is distributed among the islands of St. Thomas, St. Croix, and St. 
John. This is the only force immediately available to the Governor. 
It 1s, therefore, apparent that in the event of a natural disaster. or 
the threat or existence of civil disorder, the Governor would almost 
immediately have 
to request manpower and other assistance from 
Federal authorities. 
S. Rept. 92-1223
4 
There are no military garrisons of any size in or adjacent to the 
Virgin Islands. Three U.S. Army Reserve Military Police units, with 
an aggregate strength of 69 members, are stationed in the Virgin 
Islands. These units are not subject to being ordered to active duty 
by the Governor. 
The Army Reserve units in the Virgin Islands have experienced no 
difficulty in maintaining their enlisted strength, and currently have 
both prior service and nonprior service applicants awaiting the oppor- 
tunity to enlist. 
The Governor and the legislature of the Virgin Islands have indi- 
cated 
a desire to organize 
a national guard. 
If the legislation 
is 
enacted, it is probable that authority would be requested to organize 
one Army National Guard company on St. Thomas, another on St. 
Croix, and 
a small combined battalion and State headquarters, on 
one of these islands, with an authorized strength of about 460. Little 
difficulty 
is anticipated in recruiting for the National Guard, or in 
obtaining whatever financial support might be required from the local 
government. Junior commissioned officers would probably have to be 
provided through officer candidate schools of the National Guard 
and Active Army. 
The existence of such a force, available upon call by the local govern- 
ment, could be expected to reduce, if not eliminate, requests for Federal 
assistance in the kinds of emergencies that may be expected to arise. 
The presence of readily available units on the ground could also be ex- 
pected 
to reduce the likelihood and the disruptive effect 
of civil 
disorders. 
There is no current intention to establish Air National Guard units 
for the Virgin Islands. 
In order to insure that members of the Virgin Islands National 
Guard will be entitled to pay and allowances under title 37, United 
States Code, it is recommended that the definitions in clauses (7) and 
(9) of section 101 of that title be amended by adding the Virgin Islands 
to the list of jurisdictions whose organized militias are included in the 
terms “Army National Guard” and “Air National Guard.” 
For the foregoing reasons, the Department of the Army on behalf of 
the Department of Defense recommends that H.R. 3817, 92d Congress 
which passed the House of Representatives on November 1, 1971, and 
contains the amendment recommended above, be favorably considered 
and enacted in place of S. 2618. 
Enactment of the bill would cause no increase in National Guard 
strength authorizations or budgetary requirements of the Depart- 
ment of Defense. Since current financial plans of the Department of 
the Army do not specifically include support for 
a national guard 
unit in the Virgin Islands, implementation of the legislation will de- 
pend on the availability of necessary resources. 
This report has been coordinated within the Department of Defense 
in accordance with procedures prescribed by the Secretary of Defense. 
The Office of Management and Budget advises that, from the stand- 
point of the administration’s program, there is no objection to the pre- 
sentation of this report for the consideration of the committee. 
Sincerely, 
(Signed) 
Roserr F. FROEHLKE, 
Secretary of the Army. 
S. Rept. 92-1223
Cuaxces IN Existing Law 
In compliance with paragraph 4 of rule XXIX of the Standing 
Rules of the Senate, changes in existing law proposed to be made by 
the bill are shown as follows: New matter is printed in italic and exist- 
ing law in which no change is proposed is shown in roman. 
TITLE 10, UNITED STATES CODE 
ARMED FORCES 
Subtitle A—General Military Law 
PART 
I. ORGANIZATION AND GENERAL MILITARY POWERS 
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CHAPTER 1.—DEFINITIONS 
§ 101. Definitions 
In addition to the definitions in sections 1-5 of title 1, the following 
definitions apply in this title: 
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(2) Lwcept as provided in section 101(1) 
of title 32 for laws 
relating to the militia, the National Guard, the Army National 
Guard of the United States, and the Air National Guard of the 
United States, “Territory” means any Territory organized after 
this title is enacted, so long as it remains a Territory. 
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TITLE 32, UNITED STATES CODE 
NATIONAL GUARD 
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CHAPTER 1.—ORGANIZATION 
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§ 101. Definitions 
In addition to the definitions in section 1-5 of title 1, the following 
definitions apply in this title: 
(1) “Territory” means any Territory organized after this title 
1s enacted, so long as it remains a Territory. However, for pur- 
poses of this title and other laws relating to the militia, the Na- 
tional Guard, the Army National Guard of the United States, and, 
the Air National Guard of the United States, “Territory” includes 
the Virgin Islands. 
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S. Rept. 92-1223
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CHaAPTER 
3. PERSONNEL 
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§ 307. Federal recognition of officers: examination; certificate of 
eligibility 
(a) To be eligible for Federal recognition as an officer of the Na- 
tional Guard, a person must— 
(1) 
receive an appointment with a view to filling a vacancy in 
a federally recognized unit or organization of the National Guard; 
(2) 
have the qualifications prescribed by the Secretary con- 
cerned for the grade, branch, position, and type of unit or orga- 
nization involved ; and 
(8) except as provided in subsection (d) and (e) of this section 
and sections 8365 and 8366 of title 10, pass an examination for 
physical, moral, and professional fitness to be prescribed by the 
President, and subscribe to the oath of office prescribed by section 
312 of this title. 
(b) The examination prescribed by subsection (a)— 
(1) 
shall be conducted, for the Army National Guard by 
a 
board of three commissioned officers designated by the Secre- 
tary of the Army from members of the Regular Army or the 
Army National Guard of the United States, or both, and for the 
Air National Guard, by 
a board of three commissioned officers 
designated by the Secretary of the Air Force from members of 
the Regular Air Force or the Air National Guard of the United 
States, or both ; and 
(2) may be held before original appointment or promotion. 
(¢) If such a board finds a person qualified, the Chief of the Na- 
‘tional Guard Bureau may issue to him a certificate of eligibility for 
Federal recognition for the office for which he was found qualified 
if he is originally appointed or promoted within two years to that 
office, he is entitled to Federal recognition without further examina- 
tion, except as to physical condition. 
(d) 
Subject to subsection 
(a) 
(1) and 
(2) and to such physical 
examination as may be prescribed, Federal recognition shall be ex- 
tended to each officer of the Army Reserve who has qualified for ap- 
pointment as an officer of the Army National Guard in his reserve 
orade. Similarly, Federal recognition shall be extended to each offi- 
cer of the Air Force Reserve who has qualified for appointment as 
an officer of the Air National Guard. Federal recognition extended 
under this subsection 
is effective from the date of appointment in 
the Army National Guard or the Air National Guard, as the case 
may be. 
(e) 
Subject to subsection 
(a) 
(1) 
and 
(2), Federal recognition 
shall be extended to each officer of the Air Force Reserve who 
is 
appointed in a commissioned grade in the Air National Guard to fill 
a vacancy, if on the date on which he is appointed his reserve grade 
is the same as the grade in which he is appointed or his name is on 
a recommended list for promotion to that reserve grade. 
(f) Federal recognition extended under subsection 
(d) 
or 
(e) 
is 
effective from the date of appointment in the Army National Guard 
or the Air National Guard, as the case may be. 
S. Rept. 92-1223
7 
(9) Federal recognition may not be extended in the case of any 
member of the National Guard of the Virgin Islands in any grade 
above colonel. 
TITLE 37, UNITED STATES CODE 
PAY AND ALLOWANCES OF THE UNIFORMED SERVICES 
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CHAPTER 
1. 
DEFINITIONS 
§ 101. Definitions 
In addition to the definitions in sections 1-5 of title 1, for purposes 
of this title— 
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(7) “Army National Guard” means that part of the organized 
militia of the several States, Puerto Rico, the Canal Zone, the 
Virgin Islands, and the District of Columbia, active and inactive, 
that— 
(A) 1s a land force; 
(B) 
is trained, and has its officers appointed, under the 
sixteenth clause of section 8, article I, of the Constitution; 
(C) 
is organized, armed, and equipped wholly or partly 
at Ifederal expense; and 
(D) is federally recognized ; 
(8) “Army National Guard of the United States” means the 
reserve component of the Army all of whose members are mem- 
bers of the Army National Guard; 
(9) “Air National Guard” means that part of the organized 
militia of the several States, Puerto Rico, the Canal Zone, the 
Virgin Island, and the District of Columbia, active and inactive, 
that— 
(A) is an air force; 
; 
(B) 
is trained, and has its officers appointed, under the 
sixteenth clause of section 8, article I, of the Constitution; 
(C) 
is organized, armed, and equipped wholly or partly 
at Federal expense; and 
(D) is federally recognized ; 
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S. Rept. 92-1223