192.88 NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES
The National Guard Mutual Assistance Counterdrug Activities Compact is ratified, enacted
into law, and entered into by this state as a party with any other state or province which, pursuant
to Article 2 of the compact has legally joined in it in the form substantially as follows:
The party states solemnly agree:
The purposes of this compact are to:
A. provide for mutual assistance and support among the party states in the utilization of the
National Guard in drug interdiction, counterdrug, and demand reduction activities;
B. permit the National Guard of this state to enter into mutual assistance and support
agreements, on the basis of need, with one or more law enforcement agencies operating within
this state, for activities within this state, or with a National Guard of one or more other states,
whether said activities are within or without this state, in order to facilitate and coordinate
efficient, cooperative enforcement efforts directed toward drug interdiction, counterdrug
activities, and demand reduction;
C. permit the National Guard of this state to act as a receiving and a responding state as
defined within this compact and to ensure the prompt and effective delivery of National Guard
personnel, assets, and services to agencies or areas that are in need of increased support and
D. permit and encourage a high degree of flexibility in the deployment of National Guard
forces in the interest of efficiency;
E. maximize the effectiveness of the National Guard in those situations which call for its
utilization under this compact;
F. provide protection for the rights of National Guard personnel when performing duty
in other states in counterdrug activities; and
G. ensure uniformity of state laws in the area of National Guard involvement in interstate
counterdrug activities by incorporating said uniform laws within the compact.
ENTRY INTO FORCE AND WITHDRAWAL
A. This compact shall enter into force when enacted into law by any two states. Thereafter,
this compact shall become effective as to any other state upon its enactment thereof.
B. Any party state may withdraw from this compact by enacting a statute repealing the same,
but no such withdrawal shall take effect until one year after the governor of the withdrawing state
has given notice in writing of such withdrawal to the governors of all other party states.
MUTUAL ASSISTANCE AND SUPPORT
A. As used in this article:
1. "Drug interdiction and counterdrug activities" means the use of National Guard personnel,
while not in federal service, in any law enforcement support activities that are intended to reduce
the supply or use of illegal drugs in the United States. The activities include, but are not limited to:
(a) providing information obtained during either the normal course of military training or
operations or during counterdrug activities to federal, state, and local law enforcement officials
that may be relevant to a violation of any federal or state law within the jurisdiction of such
(b) making available any equipment (including associated supplies or spare parts), base
facilities, or research facilities of the National Guard to any federal, state, or local civilian law
enforcement official for law enforcement purposes, in accordance with other applicable law or
(c) providing available National Guard personnel to train federal, state, or local civilian law
enforcement in the operation and maintenance of equipment, including equipment made available
above, in accordance with other applicable law;
(d) providing available National Guard personnel to operate and maintain equipment
provided to federal, state, or local law enforcement officials pursuant to activities defined and
referred to in this compact;
(e) operation and maintenance of equipment and facilities of the National Guard or law
enforcement agencies used for the purposes of drug interdiction and counterdrug activities;
(f) providing available National Guard personnel to operate equipment for the detection,
monitoring, and communication of the movement of air, land, and sea traffic, to facilitate
communications in connection with law enforcement programs, to provide transportation
for civilian law enforcement personnel, and to operate bases of operations for civilian law
(g) providing available National Guard personnel, equipment, and support for administrative,
interpretive, analytic, or other purposes;
(h) providing available National Guard personnel and equipment to aid federal, state, and
local officials and agencies otherwise involved in the prosecution or incarceration of individuals
processed within the criminal justice system who have been arrested for criminal acts involving
the use, distribution, or transportation of controlled substances as defined in United States Code,
title 21, section 801 et seq. or otherwise by law, in accordance with applicable law.
2. "Demand reduction" means providing available National Guard personnel, equipment,
support, and coordination to federal, state, local, and civic organizations, institutions, and agencies
for the purposes of the prevention of drug abuse and the reduction in the demand for illegal drugs.
3. "Requesting state" means that state whose governor requested assistance in the area
of counterdrug activities.
4. "Responding state" means the state furnishing assistance, or requested to furnish
assistance, in the area of counterdrug activities.
5. "Law enforcement agency" means a lawfully established federal, state, or local public
agency that is responsible for the prevention and detection of crime and the enforcement of penal,
traffic, regulatory, game, immigration, postal, customs, or controlled substances laws.
6. "Official" means the appointed, elected, designated, or otherwise duly selected
representative of an agency, institution, or organization authorized to conduct those activities for
which support is requested.
7. "Mutual assistance and support agreement" or "agreement" means an agreement between
the National Guard of this state and one or more law enforcement agencies or between the
National Guard of this state and the National Guard of one or more other states, consistent with
the purposes of this compact.
8. "Party state" refers to a state that has lawfully enacted this compact.
9. "State" means each of the several states of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, or a territory or possession of the United States.
B. Upon the request of a governor of a party state for assistance in the area of drug
interdiction and counterdrug activities and demand reduction, the governor of a responding state
shall have authority under this compact to send without the borders of his or her state and place
under the temporary operational control of the appropriate National Guard or other military
authorities of the requesting state, for the purposes of providing such requested assistance, all or
any part of the National Guard forces of his or her state as he or she may deem necessary, and the
exercise of his or her discretion in this regard shall be conclusive.
C. The governor of a party state may, within his or her discretion, withhold the National
Guard forces of his or her state from such use and recall any forces or part or member thereof
previously deployed in a requesting state.
D. The National Guard of this state is hereby authorized to engage in counterdrug activities
and demand reduction.
E. The adjutant general of this state, in order to further the purposes of this compact, may
enter into a mutual assistance and support agreement with one or more law enforcement agencies
of this state, including federal law enforcement agencies operating within this state, or with the
National Guard of one or more other party states to provide personnel, assets, and services in the
area of counterdrug activities, and demand reduction provided that all parties to the agreement are
not specifically prohibited by law to perform said activities.
F. The agreement must set forth the powers, rights, and obligations of the parties to the
agreement, where applicable, as follows:
1. its duration;
2. the organization, composition, and nature of any separate legal entity created thereby;
3. the purpose of the agreement;
4. the manner of financing the agreement and establishing and maintaining its budget;
5. the method to be employed in accomplishing the partial or complete termination of the
agreement and for disposing of property upon such partial or complete termination;
6. provision for administering the agreement, which may include creation of a joint board
responsible for such administration;
7. the manner of acquiring, holding, and disposing of real and personal property used in
this agreement, if necessary;
8. the minimum standards for National Guard personnel implementing the provisions of
9. the minimum insurance required of each party to the agreement, if necessary;
10. the chain of command or delegation of authority to be followed by National Guard
personnel acting under the provisions of the agreement;
11. the duties and authority that the National Guard personnel of each party state may
12. any other necessary and proper matters.
Agreements prepared under the provisions of this statute are exempt from any general law
pertaining to intergovernmental agreements.
G. As a condition precedent to an agreement becoming effective under this article, the
agreement must be submitted to and receive approval of the Office of the Attorney General of
Minnesota. The attorney general of Minnesota may delegate his or her approval authority to the
appropriate attorney for the Minnesota National Guard subject to those conditions which he or
she decides are appropriate. The delegation must be in writing.
1. The attorney general, or his or her agent in the Minnesota National Guard as stated above,
shall approve an agreement submitted to him or her under this article unless he or she finds that it
is not in proper form, does not meet the requirements set forth in this article, or otherwise does not
conform to the laws of Minnesota. If the attorney general disapproves an agreement, he or she
shall provide a written explanation to the adjutant general of the Minnesota National Guard.
2. If the attorney general, or his or her authorized agent as stated above, does not disapprove
an agreement within 30 days after its submission to him or her, it is considered approved by
him or her.
H. Whenever National Guard forces of any party state are engaged in the performance of
duties, in the area of drug interdiction and counterdrug activities and demand reduction, pursuant
to orders, they shall not be held personally liable for any acts or omissions which occur during the
performance of their duty.
A. Nothing in this compact shall be construed as a waiver of any benefits, privileges,
immunities, or rights otherwise provided for National Guard personnel performing duty pursuant
to United States Code, title 32, nor shall anything in this compact be construed as a waiver
of coverage provided for under the Federal Tort Claims Act. In the event that National Guard
personnel performing counterdrug activities do not receive rights, benefits, privileges, and
immunities otherwise provided for National Guard personnel as stated above, the following
provisions shall apply:
1. Whenever National Guard forces of any responding state are engaged in another state
in carrying out the purposes of this compact, the members thereof so engaged shall have the
same powers, duties, rights, privileges, and immunities as members of National Guard forces
of the requesting state. The requesting state shall save and hold members of the National Guard
forces of responding states harmless from civil liability, except as otherwise provided herein, for
acts or omissions which occurred in the performance of their duty while engaged in carrying
out the purposes of this compact, whether responding forces are serving the requesting state
within the borders of the responding state or are attached to the requesting state for purposes of
2. Subject to the provisions of paragraphs 3, 4, and 5 of this article, all liability that may arise
under the laws of the requesting state or the responding states, on account of or in connection with
a request for assistance or support, shall be assumed and borne by the requesting state.
3. Any responding state rendering aid or assistance pursuant to this compact shall be
reimbursed by the requesting state for any loss or damage to, or expense incurred in the operation
of, any equipment answering a request for aid, and for the cost of the materials, transportation,
and maintenance of National Guard personnel and equipment incurred in connection with such
request, provided that nothing herein contained shall prevent any responding state from assuming
such loss, damage, expense, or other cost.
4. Unless there is a written agreement to the contrary, each party shall provide, in the same
amounts and manner as if they were on duty within their state, for pay and allowances of the
personnel of its National Guard units while engaged without the state pursuant to this compact
and while going to and returning from such duty pursuant to this compact.
5. Each party state providing for the payment of compensation and death benefits to injured
members and the representatives of deceased members of its National Guard forces in case
such members sustain injuries or are killed within their own state shall provide for the payment
of compensation and death benefits in the same manner and on the same terms in the event
such members sustain injury or are killed while rendering assistance or support pursuant to
this compact. Such benefits and compensation shall be deemed items of expense reimbursable
pursuant to paragraph 3 of this article.
B. Officers and enlisted personnel of the National Guard performing duties subject to proper
orders pursuant to this compact shall be subject to and governed by the provisions of their home
state Code of Military Justice whether they are performing duties within or without their home
state. In the event that any National Guard member commits, or is suspected of committing, a
criminal offense while performing duties pursuant to this compact without his or her home state,
he or she may be returned immediately to his or her home state and said home state shall be
responsible for any disciplinary action to be taken. However, nothing in this paragraph shall
abrogate the general criminal jurisdiction of the state in which the offense occurred.
Nothing in this compact shall be construed to prevent the governor of a party state from
delegating any of his or her responsibilities or authority respecting the National Guard, provided
that such delegation is otherwise in accordance with law. For purposes of this compact, however,
the governor shall not delegate the power to request assistance from another state.
Nothing in this compact shall:
1. authorize or permit National Guard units or personnel to be placed under the operational
control of any person not having the National Guard rank or status required by law for the
command in question; or
2. deprive a properly convened court of jurisdiction over an offense or a defendant merely
because of the fact that the National Guard, while performing duties pursuant to this compact, was
utilized in achieving an arrest or indictment.
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of
this compact is declared to be contrary to the Constitution of the United States or of any state
or the applicability thereof to any government, agency, person, or circumstance is held invalid,
the validity of the remainder of this compact and the applicability thereof to any government,
agency, person, or circumstance shall not be affected thereby. If this compact shall be held
contrary to the constitution of any state participating herein, the compact shall remain in full force
and effect as to the remaining party states and in full force and effect as to the state affected
as to all severable matters.
History: 1993 c 237 s 1