{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/44-75.1_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/44-75.1_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/44-75.1_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/44-75.1_1.html"}],"law_id":55187,"edition_id":1,"section_id":55187,"structure_id":13857,"section_number":"44-75.1:1","catch_line":"Compact enacted into law; terms","history":"1993, c. 932; 1996, cc. 153, 566.","full_text":"The National Guard Mutual Assistance Counterdrug Activities Compact is hereby enacted into law and entered into by the Commonwealth of Virginia with all other states legally joining therein, in the form substantially as follows:\n\t\tINTERSTATE COMPACT ON NATIONAL GUARD COUNTERDRUG OPERATIONS\n\t\tARTICLE I. PURPOSE.\n\t\tThe purposes of this compact are to:\n\n1\n\nProvide for mutual assistance and support among the party states in the utilization of the National Guard in drug interdiction, counterdrug and demand reduction activities.2\n\nPermit the National Guard of this Commonwealth to enter into mutual assistance and support agreements, on the basis of need, with one or more law-enforcement agencies operating within this Commonwealth, for activities within this Commonwealth, or with a National Guard of one or more other states, whether said activities are within or without this Commonwealth in order to facilitate and coordinate efficient, cooperative enforcement efforts directed toward drug interdiction, counterdrug activities, and demand reduction.3\n\nPermit the National Guard of this Commonwealth to act as a requesting or 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 presence.4\n\nPermit and encourage a high degree of flexibility in the deployment of National Guard forces in the interest of efficiency.5\n\nMaximize the effectiveness of the National Guard in those situations which call for its utilization under this compact.6\n\nProvide protection for the rights of National Guard personnel when performing duty in other states in counterdrug activities.7\n\nEnsure uniformity of state laws in the area of National Guard involvement in interstate counterdrug activities by incorporating said uniform laws within the compact.\n\t\t\tARTICLE II. ENTRY INTO FORCE AND WITHDRAWAL.A\n\nThis compact shall enter into force when enacted by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.B\n\nAny 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.\n\t\t\t\tARTICLE III. MUTUAL ASSISTANCE AND SUPPORT.A\n\nAs used in this article:\n\t\t\t\t“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.\n\t\t\t\t“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. These activities include, but are not limited to:1\n\nProviding information obtained, during either the normal course of military training or operations or during counterdrug activities, to federal, state or local law-enforcement officials that may be relevant to a violation of any federal or state law within the jurisdiction of such officials;2\n\nMaking 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 laws or regulations;3\n\nProviding available National Guard personnel to train federal, state or local civilian law-enforcement personnel in the operation and maintenance of equipment, including equipment made available above, in accordance with other applicable laws;4\n\nProviding 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;5\n\nOperating and maintaining equipment and facilities of the National Guard or other law-enforcement agencies used for the purposes of drug interdiction and counterdrug activities;6\n\nProviding 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-enforcement personnel;7\n\nProviding available National Guard personnel, equipment and support for administrative, interpretive, analytic or other purposes; and8\n\nProviding 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 21 U.S.C. \u00a7 801 et seq. or otherwise by law, in accordance with other applicable law.\n\t\t\t“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.\n\t\t\t“Mutual assistance and support agreement” or “agreement” means an agreement between the National Guard of this Commonwealth and one or more law-enforcement agencies or between the National Guard of this Commonwealth and the National Guard of one or more other states, consistent with the purposes of this compact.\n\t\t\t“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.\n\t\t\t“Party state” refers to a state that has lawfully enacted this compact.\n\t\t\t“Requesting state” means the party state whose governor requested assistance in the area of counterdrug activities.\n\t\t\t“Responding state” means the party state furnishing assistance, or requested to furnish assistance, in the area of counterdrug activities.\n\t\t\t“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\n\nUpon the request of a governor of a party state for assistance in the area of drug interdiction, counterdrug and demand reduction activities, the governor of a responding state shall have authority under this compact to send without the borders of his state and place under the temporary operational control of the appropriate National Guard or other military authority of the requesting state, for the purposes of providing such requested assistance, all or any part of the National Guard forces of his state as he may deem necessary, and the exercise of his discretion in this regard shall be conclusive.C\n\nThe governor of a party state may, within his discretion, withhold the National Guard forces of his state from such use and recall any forces or part or member thereof previously deployed in a requesting state.D\n\nThe National Guard of this Commonwealth is hereby authorized to engage in counterdrug activities and demand reduction.E\n\nThe Adjutant General of this Commonwealth, 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 Commonwealth, including federal law-enforcement agencies operating within this Commonwealth, 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.\n\t\t\t\tThe agreement shall set forth the powers, rights, and obligations of the parties to the agreement, where applicable, as follows:1\n\nIts duration;2\n\nThe organization, composition, and nature of any separate legal entity created thereby;3\n\nThe purpose of the agreement;4\n\nThe manner of financing the agreement and establishing and maintaining its budget;5\n\nThe 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\n\nA provision for administering the agreement, which may include creation of a joint board responsible for such administration;7\n\nThe manner of acquiring, holding, and disposing of real and personal property used in this agreement, if necessary;8\n\nThe minimum standards for National Guard personnel implementing the provisions of this agreement;9\n\nThe minimum insurance required of each party to the agreement, as necessary;10\n\nThe chain of command or delegation of authority to be followed by National Guard personnel acting under the provisions of the agreement;11\n\nThe duties and authority that the National Guard personnel of each party state may exercise; and12\n\nAny other necessary and proper matters.\n\t\t\tAgreements prepared under the provisions of this compact are exempt from any general law pertaining to intergovernmental agreements.F\n\nAs a condition precedent to an agreement becoming effective under this article, the agreement must be submitted to and receive the approval of the Office of the Attorney General of Virginia. The Attorney General of Virginia may delegate his approval authority to the appropriate attorney for the Virginia National Guard subject to those conditions which he decides are appropriate. Such delegation must be in writing.1\n\nThe Attorney General, or his agent for the Virginia National Guard as stated above, shall approve an agreement submitted to him under this article unless he 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 Virginia. If the Attorney General disapproves an agreement, he shall provide a written explanation to the Adjutant General of the National Guard.2\n\nIf the Attorney General, or his authorized agent, does not disapprove an agreement within thirty days after its submission to him, it shall be considered approved by him.G\n\nWhenever National Guard forces of any party state are engaged in the performance of their duties, in the area of drug interdiction, counterdrug and demand reduction activities, pursuant to orders, they shall not be held personally liable for any acts or omissions which occur during the performance of their duty.\n\t\t\t\tARTICLE IV. RESPONSIBILITIES.A\n\nNothing 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 Title 32 of the United States Code 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\n\nWhenever 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 occur in the performance of their duties while engaged in carrying out the purposes of this compact, whether the responding forces are serving the requesting state within the borders of the responding state or are attached to the requesting state for purposes of operational control.2\n\nSubject to the provisions of subdivisions 3, 4, and 5 of this section, all liability that may arise under the laws of the requesting state or the responding state, in connection with a request for assistance or support, shall be assumed and borne by the requesting state.3\n\nAny 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; however, nothing herein contained shall prevent any responding state from assuming such loss, damage, expense, or other cost.4\n\nUnless there is a written agreement to the contrary, each party state shall provide, in the same amounts and manner as if its National Guard units were on duty within their own state, for pay and allowances of 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\n\nEach 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 subdivision 3 of this section.B\n\nOfficers 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 home state, he may be returned immediately to his home state and the home state shall be responsible for any disciplinary action to be taken. However, nothing in this section shall abrogate the general criminal jurisdiction of the state in which the offense occurred.\n\t\t\t\tARTICLE V. DELEGATION.\n\t\t\t\tNothing in this compact shall be construed to prevent the governor of a party state from delegating any of his 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.\n\t\t\t\tARTICLE VI. LIMITATIONS.\n\t\t\t\tNothing in this compact shall:1\n\nAuthorize 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.2\n\nDeprive 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.3\n\nAuthorize the National Guard to directly engage in the personal apprehension, arrest and incarceration of any individual or the physical search and seizure of any person. The National Guard may indirectly support any such law-enforcement activities by an otherwise appropriate law-enforcement agency. The National Guard may engage in direct or indirect legal searches and seizures of any property through the use of aerial surveillance, provided that appropriate law-enforcement agents are present to provide supervision of such activity.\n\t\t\tARTICLE VII. CONSTRUCTION AND SEVERABILITY.\n\t\t\tThis 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 the 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.","order_by":null,"text":{"0":{"id":202309,"text":"The National Guard Mutual Assistance Counterdrug Activities Compact is hereby enacted into law and entered into by the Commonwealth of Virginia with all other states legally joining therein, in the form substantially as follows:\n\t\tINTERSTATE COMPACT ON NATIONAL GUARD COUNTERDRUG OPERATIONS\n\t\tARTICLE I. PURPOSE.\n\t\tThe purposes of this compact are to:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":202310,"text":"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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":202311,"text":"Permit the National Guard of this Commonwealth to enter into mutual assistance and support agreements, on the basis of need, with one or more law-enforcement agencies operating within this Commonwealth, for activities within this Commonwealth, or with a National Guard of one or more other states, whether said activities are within or without this Commonwealth in order to facilitate and coordinate efficient, cooperative enforcement efforts directed toward drug interdiction, counterdrug activities, and demand reduction.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":202312,"text":"Permit the National Guard of this Commonwealth to act as a requesting or 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 presence.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":202313,"text":"Permit and encourage a high degree of flexibility in the deployment of National Guard forces in the interest of efficiency.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":202314,"text":"Maximize the effectiveness of the National Guard in those situations which call for its utilization under this compact.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":202315,"text":"Provide protection for the rights of National Guard personnel when performing duty in other states in counterdrug activities.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":202316,"text":"Ensure uniformity of state laws in the area of National Guard involvement in interstate counterdrug activities by incorporating said uniform laws within the compact.\n\t\t\tARTICLE II. ENTRY INTO FORCE AND WITHDRAWAL.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"7A"},"8":{"id":202317,"text":"This compact shall enter into force when enacted by any two states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.","type":"section","prefixes":["7","A"],"prefix":"A","entire_prefix":"7A","prefix_anchor":"7A","level":2,"prior_prefix":"7","next_prefix":"7B"},"9":{"id":202318,"text":"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.\n\t\t\t\tARTICLE III. MUTUAL ASSISTANCE AND SUPPORT.","type":"section","prefixes":["7","B"],"prefix":"B","entire_prefix":"7B","prefix_anchor":"7B","level":2,"prior_prefix":"7A","next_prefix":"7A"},"10":{"id":202319,"text":"As used in this article:\n\t\t\t\t“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.\n\t\t\t\t“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. These activities include, but are not limited to:","type":"section","prefixes":["7","A"],"prefix":"A","entire_prefix":"7A","prefix_anchor":"7A","level":2,"prior_prefix":"7B","next_prefix":"1"},"11":{"id":202320,"text":"Providing information obtained, during either the normal course of military training or operations or during counterdrug activities, to federal, state or local law-enforcement officials that may be relevant to a violation of any federal or state law within the jurisdiction of such officials;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"7A","next_prefix":"2"},"12":{"id":202321,"text":"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 laws or regulations;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"13":{"id":202322,"text":"Providing available National Guard personnel to train federal, state or local civilian law-enforcement personnel in the operation and maintenance of equipment, including equipment made available above, in accordance with other applicable laws;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"14":{"id":202323,"text":"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;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"15":{"id":202324,"text":"Operating and maintaining equipment and facilities of the National Guard or other law-enforcement agencies used for the purposes of drug interdiction and counterdrug activities;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"16":{"id":202325,"text":"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-enforcement personnel;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"17":{"id":202326,"text":"Providing available National Guard personnel, equipment and support for administrative, interpretive, analytic or other purposes; and","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"18":{"id":202327,"text":"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 21 U.S.C. \u00a7 801 et seq. or otherwise by law, in accordance with other applicable law.\n\t\t\t“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.\n\t\t\t“Mutual assistance and support agreement” or “agreement” means an agreement between the National Guard of this Commonwealth and one or more law-enforcement agencies or between the National Guard of this Commonwealth and the National Guard of one or more other states, consistent with the purposes of this compact.\n\t\t\t“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.\n\t\t\t“Party state” refers to a state that has lawfully enacted this compact.\n\t\t\t“Requesting state” means the party state whose governor requested assistance in the area of counterdrug activities.\n\t\t\t“Responding state” means the party state furnishing assistance, or requested to furnish assistance, in the area of counterdrug activities.\n\t\t\t“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.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"8B"},"19":{"id":202328,"text":"Upon the request of a governor of a party state for assistance in the area of drug interdiction, counterdrug and demand reduction activities, the governor of a responding state shall have authority under this compact to send without the borders of his state and place under the temporary operational control of the appropriate National Guard or other military authority of the requesting state, for the purposes of providing such requested assistance, all or any part of the National Guard forces of his state as he may deem necessary, and the exercise of his discretion in this regard shall be conclusive.","type":"section","prefixes":["8","B"],"prefix":"B","entire_prefix":"8B","prefix_anchor":"8B","level":2,"prior_prefix":"8","next_prefix":"8C"},"20":{"id":202329,"text":"The governor of a party state may, within his discretion, withhold the National Guard forces of his state from such use and recall any forces or part or member thereof previously deployed in a requesting state.","type":"section","prefixes":["8","C"],"prefix":"C","entire_prefix":"8C","prefix_anchor":"8C","level":2,"prior_prefix":"8B","next_prefix":"8D"},"21":{"id":202330,"text":"The National Guard of this Commonwealth is hereby authorized to engage in counterdrug activities and demand reduction.","type":"section","prefixes":["8","D"],"prefix":"D","entire_prefix":"8D","prefix_anchor":"8D","level":2,"prior_prefix":"8C","next_prefix":"8E"},"22":{"id":202331,"text":"The Adjutant General of this Commonwealth, 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 Commonwealth, including federal law-enforcement agencies operating within this Commonwealth, 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.\n\t\t\t\tThe agreement shall set forth the powers, rights, and obligations of the parties to the agreement, where applicable, as follows:","type":"section","prefixes":["8","E"],"prefix":"E","entire_prefix":"8E","prefix_anchor":"8E","level":2,"prior_prefix":"8D","next_prefix":"1"},"23":{"id":202332,"text":"Its duration;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"8E","next_prefix":"2"},"24":{"id":202333,"text":"The organization, composition, and nature of any separate legal entity created thereby;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"25":{"id":202334,"text":"The purpose of the agreement;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"26":{"id":202335,"text":"The manner of financing the agreement and establishing and maintaining its budget;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"27":{"id":202336,"text":"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;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"28":{"id":202337,"text":"A provision for administering the agreement, which may include creation of a joint board responsible for such administration;","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"29":{"id":202338,"text":"The manner of acquiring, holding, and disposing of real and personal property used in this agreement, if necessary;","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"30":{"id":202339,"text":"The minimum standards for National Guard personnel implementing the provisions of this agreement;","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"31":{"id":202340,"text":"The minimum insurance required of each party to the agreement, as necessary;","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"32":{"id":202341,"text":"The chain of command or delegation of authority to be followed by National Guard personnel acting under the provisions of the agreement;","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"33":{"id":202342,"text":"The duties and authority that the National Guard personnel of each party state may exercise; and","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10","next_prefix":"12"},"34":{"id":202343,"text":"Any other necessary and proper matters.\n\t\t\tAgreements prepared under the provisions of this compact are exempt from any general law pertaining to intergovernmental agreements.","type":"section","prefixes":["12"],"prefix":"12","entire_prefix":"12","prefix_anchor":"12","level":1,"prior_prefix":"11","next_prefix":"12F"},"35":{"id":202344,"text":"As a condition precedent to an agreement becoming effective under this article, the agreement must be submitted to and receive the approval of the Office of the Attorney General of Virginia. The Attorney General of Virginia may delegate his approval authority to the appropriate attorney for the Virginia National Guard subject to those conditions which he decides are appropriate. Such delegation must be in writing.","type":"section","prefixes":["12","F"],"prefix":"F","entire_prefix":"12F","prefix_anchor":"12F","level":2,"prior_prefix":"12","next_prefix":"1"},"36":{"id":202345,"text":"The Attorney General, or his agent for the Virginia National Guard as stated above, shall approve an agreement submitted to him under this article unless he 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 Virginia. If the Attorney General disapproves an agreement, he shall provide a written explanation to the Adjutant General of the National Guard.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"12F","next_prefix":"2"},"37":{"id":202346,"text":"If the Attorney General, or his authorized agent, does not disapprove an agreement within thirty days after its submission to him, it shall be considered approved by him.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"2G"},"38":{"id":202347,"text":"Whenever National Guard forces of any party state are engaged in the performance of their duties, in the area of drug interdiction, counterdrug and demand reduction activities, pursuant to orders, they shall not be held personally liable for any acts or omissions which occur during the performance of their duty.\n\t\t\t\tARTICLE IV. RESPONSIBILITIES.","type":"section","prefixes":["2","G"],"prefix":"G","entire_prefix":"2G","prefix_anchor":"2G","level":2,"prior_prefix":"2","next_prefix":"2A"},"39":{"id":202348,"text":"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 Title 32 of the United States Code 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:","type":"section","prefixes":["2","A"],"prefix":"A","entire_prefix":"2A","prefix_anchor":"2A","level":2,"prior_prefix":"2G","next_prefix":"1"},"40":{"id":202349,"text":"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 occur in the performance of their duties while engaged in carrying out the purposes of this compact, whether the responding forces are serving the requesting state within the borders of the responding state or are attached to the requesting state for purposes of operational control.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"2A","next_prefix":"2"},"41":{"id":202350,"text":"Subject to the provisions of subdivisions 3, 4, and 5 of this section, all liability that may arise under the laws of the requesting state or the responding state, in connection with a request for assistance or support, shall be assumed and borne by the requesting state.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"42":{"id":202351,"text":"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; however, nothing herein contained shall prevent any responding state from assuming such loss, damage, expense, or other cost.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"43":{"id":202352,"text":"Unless there is a written agreement to the contrary, each party state shall provide, in the same amounts and manner as if its National Guard units were on duty within their own state, for pay and allowances of 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.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"44":{"id":202353,"text":"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 subdivision 3 of this section.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"5B"},"45":{"id":202354,"text":"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 home state, he may be returned immediately to his home state and the home state shall be responsible for any disciplinary action to be taken. However, nothing in this section shall abrogate the general criminal jurisdiction of the state in which the offense occurred.\n\t\t\t\tARTICLE V. DELEGATION.\n\t\t\t\tNothing in this compact shall be construed to prevent the governor of a party state from delegating any of his 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.\n\t\t\t\tARTICLE VI. LIMITATIONS.\n\t\t\t\tNothing in this compact shall:","type":"section","prefixes":["5","B"],"prefix":"B","entire_prefix":"5B","prefix_anchor":"5B","level":2,"prior_prefix":"5","next_prefix":"1"},"46":{"id":202355,"text":"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.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"5B","next_prefix":"2"},"47":{"id":202356,"text":"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.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"48":{"id":202357,"text":"Authorize the National Guard to directly engage in the personal apprehension, arrest and incarceration of any individual or the physical search and seizure of any person. The National Guard may indirectly support any such law-enforcement activities by an otherwise appropriate law-enforcement agency. The National Guard may engage in direct or indirect legal searches and seizures of any property through the use of aerial surveillance, provided that appropriate law-enforcement agents are present to provide supervision of such activity.\n\t\t\tARTICLE VII. CONSTRUCTION AND SEVERABILITY.\n\t\t\tThis 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 the 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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":13857,"edition_id":1,"name":"Regulations as to Active Service","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":13447,"metadata":{},"date_created":"2026-06-26 03:46:05","date_modified":"2026-06-26 03:46:05","permalink":{"id":222095,"object_type":"structure","relational_id":13857,"identifier":"7","token":"44\/1\/7","url":"\/44\/1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13447,"edition_id":1,"name":"Military Laws of Virginia","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":13446,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221551,"object_type":"structure","relational_id":13447,"identifier":"1","token":"44\/1","url":"\/44\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13446,"edition_id":1,"name":"Military and Emergency Laws","identifier":"44","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:54","date_modified":"2026-06-26 03:44:54","permalink":{"id":221549,"object_type":"structure","relational_id":13446,"identifier":"44","token":"44","url":"\/44\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60786,"structure_id":13857,"section_number":"44-75","catch_line":"Repealed","url":"\/44-75\/","token":"44\/1\/7\/44-75","metadata":false},{"id":69493,"structure_id":13857,"section_number":"44-75.1","catch_line":"Militia state active duty","url":"\/44-75.1\/","token":"44\/1\/7\/44-75.1","metadata":false},{"id":55187,"structure_id":13857,"section_number":"44-75.1:1","catch_line":"Compact enacted into law; terms","url":"\/44-75.1_1\/","token":"44\/1\/7\/44-75.1_1","metadata":false},{"id":69395,"structure_id":13857,"section_number":"44-75.2","catch_line":"Militia training duty","url":"\/44-75.2\/","token":"44\/1\/7\/44-75.2","metadata":false},{"id":64393,"structure_id":13857,"section_number":"44-76","catch_line":"Transportation, equipment and support of militia","url":"\/44-76\/","token":"44\/1\/7\/44-76","metadata":false},{"id":64785,"structure_id":13857,"section_number":"44-77","catch_line":"Orders to officers and appointment of rendezvous","url":"\/44-77\/","token":"44\/1\/7\/44-77","metadata":false},{"id":73176,"structure_id":13857,"section_number":"44-78","catch_line":"Repealed","url":"\/44-78\/","token":"44\/1\/7\/44-78","metadata":false},{"id":65488,"structure_id":13857,"section_number":"44-78.1","catch_line":"Request for assistance by localities","url":"\/44-78.1\/","token":"44\/1\/7\/44-78.1","metadata":false},{"id":68548,"structure_id":13857,"section_number":"44-79","catch_line":"Repealed","url":"\/44-79\/","token":"44\/1\/7\/44-79","metadata":false},{"id":58296,"structure_id":13857,"section_number":"44-80","catch_line":"Order in which classes of militia called into service","url":"\/44-80\/","token":"44\/1\/7\/44-80","metadata":false},{"id":70262,"structure_id":13857,"section_number":"44-81","catch_line":"Length of service when called out","url":"\/44-81\/","token":"44\/1\/7\/44-81","metadata":false},{"id":54879,"structure_id":13857,"section_number":"44-82","catch_line":"How troops paid while in service; transportation to be furnished; movement of troops and supplies not to be delayed","url":"\/44-82\/","token":"44\/1\/7\/44-82","metadata":false},{"id":65688,"structure_id":13857,"section_number":"44-83","catch_line":"Pay and allowance of members","url":"\/44-83\/","token":"44\/1\/7\/44-83","metadata":false},{"id":75775,"structure_id":13857,"section_number":"44-84","catch_line":"Regulations enforced on actual service","url":"\/44-84\/","token":"44\/1\/7\/44-84","metadata":false}],"previous_section":{"id":69493,"structure_id":13857,"section_number":"44-75.1","catch_line":"Militia state active duty","url":"\/44-75.1\/","token":"44\/1\/7\/44-75.1","metadata":false},"next_section":{"id":69395,"structure_id":13857,"section_number":"44-75.2","catch_line":"Militia training duty","url":"\/44-75.2\/","token":"44\/1\/7\/44-75.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/44-75.1:1\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 932 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1996, chapters 153<\/a> and 566<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":222105,"object_type":"law","relational_id":55187,"identifier":"44-75.1:1","token":"44\/1\/7\/44-75.1_1","url":"\/44-75.1_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/44-75.1_1\/","token":"44\/1\/7\/44-75.1_1","dublin_core":{"Title":"Compact enacted into law; terms","Type":"Text","Format":"text\/html","Identifier":"\u00a7 44-75.1:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The National Guard Mutual Assistance Counterdrug Activities Compact is hereby enacted into law<\/span> and entered into by the Commonwealth of Virginia with all other states<\/span> legally joining therein, in the form substantially as follows:\n\t\tINTERSTATE COMPACT ON NATIONAL GUARD COUNTERDRUG OPERATIONS\n\t\tARTICLE I. PURPOSE.\n\t\tThe purposes of this compact are to:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Provide for mutual assistance and support among the party<\/span> states<\/span> in the utilization of the National Guard in drug interdiction, counterdrug and demand reduction<\/span> activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Permit the National Guard of this Commonwealth to enter into mutual assistance and support agreements<\/span>, on the basis of need, with one or more law<\/span>-enforcement agencies operating within this Commonwealth, for activities within this Commonwealth, or with a National Guard of one or more other states<\/span>, whether said activities are within or without this Commonwealth in order<\/span> to facilitate and coordinate efficient, cooperative enforcement efforts directed toward drug interdiction, counterdrug activities, and demand reduction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Permit the National Guard of this Commonwealth to act as a requesting or a responding state<\/span> as defined within this compact and to ensure the prompt and effective delivery of National Guard personnel, assets<\/span>, and services to agencies or areas that are in need of increased support and presence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Permit and encourage a high degree of flexibility in the deployment of National Guard forces in the interest of efficiency. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Maximize the effectiveness of the National Guard in those situations which call for its utilization under this compact. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Provide protection for the rights of National Guard personnel when performing duty in other states<\/span> in counterdrug activities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Ensure uniformity of state laws<\/span> in the area of National Guard involvement in interstate counterdrug activities by incorporating said uniform laws<\/span> within the compact.\n\t\t\tARTICLE II. ENTRY INTO FORCE AND WITHDRAWAL. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> This compact shall enter into force when enacted by any two states<\/span>. Thereafter, this compact shall become effective as to any other state upon its enactment thereof. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any party<\/span> state may withdraw from this compact by enacting a statute<\/span> 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<\/span> states<\/span>.\n\t\t\t\tARTICLE III. MUTUAL ASSISTANCE AND SUPPORT. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> As used in this article:\n\t\t\t\t“Demand reduction<\/span>” 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.\n\t\t\t\t“Drug interdiction and counterdrug activities<\/span>” means the use of National Guard personnel, while not in federal service, in any law<\/span>-enforcement support activities that are intended to reduce the supply or use of illegal drugs in the United States<\/span>. These activities include, but are not limited to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Providing information obtained, during either the normal course of military training or operations or during counterdrug activities, to federal, state or local law<\/span>-enforcement officials<\/span> that may be relevant to a violation of any federal or state law<\/span> within the jurisdiction<\/span> of such officials<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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<\/span>-enforcement official<\/span> for law<\/span>-enforcement purposes, in accordance with other applicable laws<\/span> or regulations; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Providing available National Guard personnel to train federal, state or local civilian law<\/span>-enforcement personnel in the operation and maintenance of equipment, including equipment made available above, in accordance with other applicable laws<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Providing available National Guard personnel to operate and maintain equipment provided to federal, state or local law<\/span>-enforcement officials<\/span> pursuant to activities defined and referred to in this compact; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Operating and maintaining equipment and facilities of the National Guard or other law<\/span>-enforcement agencies used for the purposes of drug interdiction and counterdrug activities<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> 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<\/span>-enforcement programs; to provide transportation for civilian law<\/span>-enforcement personnel; and to operate bases of operations for civilian law<\/span>-enforcement personnel; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Providing available National Guard personnel, equipment and support for administrative, interpretive, analytic or other purposes; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Providing available National Guard personnel and equipment to aid federal, state and local officials<\/span> and agencies otherwise involved in the prosecution<\/span> 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 21 U.S.C. \u00a7 801 et seq. or otherwise by law<\/span>, in accordance with other applicable law<\/span>.\n\t\t\t“Law<\/span>-enforcement agency<\/span>” means a lawfully established federal, state, or local public agency that is responsible for the prevention and detection of crime<\/span> and the enforcement of penal, traffic, regulatory, game, immigration, postal, customs or controlled substances laws<\/span>.\n\t\t\t“Mutual assistance and support agreement<\/span>” or “agreement” means an agreement between the National Guard of this Commonwealth and one or more law<\/span>-enforcement agencies or between the National Guard of this Commonwealth and the National Guard of one or more other states<\/span>, consistent with the purposes of this compact.\n\t\t\t“Official<\/span>” 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.\n\t\t\t“Party<\/span> state” refers to a state that has lawfully enacted this compact.\n\t\t\t“Requesting state<\/span>” means the party<\/span> state whose governor requested assistance in the area of counterdrug activities.\n\t\t\t“Responding state<\/span>” means the party<\/span> state furnishing assistance, or requested to furnish assistance, in the area of counterdrug activities.\n\t\t\t“State” means each of the several states<\/span> of the United States<\/span>, the District of Columbia, the Commonwealth of Puerto Rico or a territory or possession<\/span> of the United States<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon the request of a governor of a party<\/span> state for assistance in the area of drug interdiction, counterdrug and demand reduction<\/span> activities, the governor of a responding state<\/span> shall have authority under this compact to send without the borders of his state and place under the temporary operational control of the appropriate National Guard or other military authority of the requesting state<\/span>, for the purposes of providing such requested assistance, all or any part of the National Guard forces of his state as he may deem necessary, and the exercise of his discretion in this regard shall be conclusive. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The governor of a party<\/span> state may, within his discretion, withhold the National Guard forces of his state from such use and recall any forces or part or member thereof previously deployed in a requesting state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The National Guard of this Commonwealth is hereby authorized to engage in counterdrug activities and demand reduction<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The Adjutant General of this Commonwealth, in order<\/span> to further the purposes of this compact, may enter into a mutual assistance and support agreement<\/span> with one or more law<\/span>-enforcement agencies of this Commonwealth, including federal law<\/span>-enforcement agencies operating within this Commonwealth, or with the National Guard of one or more other party<\/span> states<\/span> to provide personnel, assets<\/span>, and services in the area of counterdrug activities and demand reduction<\/span>, provided that all parties to the agreement are not specifically prohibited by law<\/span> to perform said activities.\n\t\t\t\tThe agreement shall set forth the powers, rights, and obligations of the parties to the agreement, where applicable, as follows: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Its duration; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The organization, composition, and nature of any separate legal entity created thereby; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The purpose of the agreement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The manner of financing the agreement and establishing and maintaining its budget; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> 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; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> A provision for administering the agreement, which may include creation of a joint board responsible for such administration; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The manner of acquiring, holding, and disposing of real and personal property used in this agreement, if necessary; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The minimum standards for National Guard personnel implementing the provisions of this agreement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> The minimum insurance required of each party<\/span> to the agreement, as necessary; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

10.<\/span> The chain of command or delegation of authority to be followed by National Guard personnel acting under the provisions of the agreement; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

11.<\/span> The duties and authority that the National Guard personnel of each party<\/span> state may exercise; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

12.<\/span> Any other necessary and proper matters.\n\t\t\tAgreements prepared under the provisions of this compact are exempt from any general law<\/span> pertaining to intergovernmental agreements. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> As a condition precedent<\/span> to an agreement becoming effective under this article, the agreement must be submitted to and receive the approval of the Office of the Attorney General<\/span> of Virginia. The Attorney General<\/span> of Virginia may delegate his approval authority to the appropriate attorney for the Virginia National Guard subject to those conditions which he decides are appropriate. Such delegation must be in writing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Attorney General<\/span>, or his agent for the Virginia National Guard as stated above, shall approve an agreement submitted to him under this article unless he 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<\/span> of Virginia. If the Attorney General<\/span> disapproves an agreement, he shall provide a written explanation to the Adjutant General of the National Guard. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the Attorney General<\/span>, or his authorized agent, does not disapprove an agreement within thirty days after its submission to him, it shall be considered approved by him. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Whenever National Guard forces of any party<\/span> state are engaged in the performance of their duties, in the area of drug interdiction, counterdrug and demand reduction<\/span> activities, pursuant to orders<\/span>, they shall not be held personally liable for any acts or omissions which occur during the performance of their duty.\n\t\t\t\tARTICLE IV. RESPONSIBILITIES. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

A.<\/span> Nothing in this compact shall be construed as a waiver<\/span> of any benefits, privileges<\/span>, immunities, or rights otherwise provided for National Guard personnel performing duty pursuant to Title 32 of the United States<\/span> Code nor shall anything in this compact be construed as a waiver<\/span> of coverage provided for under the Federal Tort<\/span> Claims Act. In the event that National Guard personnel performing counterdrug activities do not receive rights, benefits, privileges<\/span> and immunities otherwise provided for National Guard personnel as stated above, the following provisions shall apply: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Whenever National Guard forces of any responding state<\/span> 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<\/span> and immunities as members of National Guard forces of the requesting state<\/span>. The requesting state<\/span> shall save and hold members of the National Guard forces of responding states<\/span> harmless from civil liability, except as otherwise provided herein, for acts or omissions which occur in the performance of their duties while engaged in carrying out the purposes of this compact, whether the responding forces are serving the requesting state<\/span> within the borders of the responding state<\/span> or are attached to the requesting state<\/span> for purposes of operational control. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Subject to the provisions of subdivisions 3, 4, and 5 of this section, all liability that may arise under the laws<\/span> of the requesting state<\/span> or the responding state<\/span>, in connection with a request for assistance or support, shall be assumed and borne by the requesting state<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any responding state<\/span> rendering aid or assistance pursuant to this compact shall be reimbursed by the requesting state<\/span> 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<\/span>, transportation and maintenance of National Guard personnel and equipment incurred in connection with such request; however, nothing herein contained shall prevent any responding state<\/span> from assuming such loss, damage, expense, or other cost. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Unless there is a written agreement to the contrary, each party<\/span> state shall provide, in the same amounts and manner as if its National Guard units were on duty within their own state, for pay and allowances of 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Each party<\/span> 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<\/span> 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<\/span> 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 subdivision 3 of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Officers and enlisted personnel of the National Guard performing duties subject to proper orders<\/span> 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<\/span> while performing duties pursuant to this compact without his home state, he may be returned immediately to his home state and the home state shall be responsible for any disciplinary action to be taken. However, nothing in this section shall abrogate the general criminal jurisdiction<\/span> of the state in which the offense<\/span> occurred.\n\t\t\t\tARTICLE V. DELEGATION.\n\t\t\t\tNothing in this compact shall be construed to prevent the governor of a party<\/span> state from delegating any of his responsibilities or authority respecting the National Guard, provided that such delegation is otherwise in accordance with law<\/span>. For purposes of this compact, however, the governor shall not delegate the power to request assistance from another state.\n\t\t\t\tARTICLE VI. LIMITATIONS.\n\t\t\t\tNothing in this compact shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> 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<\/span> for the command in question. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Deprive a properly convened court<\/span> of jurisdiction<\/span> over an offense<\/span> or a defendant<\/span> merely because of the fact<\/span> that the National Guard, while performing duties pursuant to this compact, was utilized in achieving an arrest<\/span> or indictment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Authorize the National Guard to directly engage in the personal apprehension, arrest<\/span> and incarceration of any individual or the physical search and seizure<\/span> of any person. The National Guard may indirectly support any such law<\/span>-enforcement activities by an otherwise appropriate law<\/span>-enforcement agency<\/span>. The National Guard may engage in direct or indirect legal searches and seizures of any property through the use of aerial surveillance, provided that appropriate law<\/span>-enforcement agents are present to provide supervision of such activity.\n\t\t\tARTICLE VII. CONSTRUCTION AND SEVERABILITY.\n\t\t\tThis 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 the 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<\/span> states and in full force and effect as to the state affected as to all severable matters. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPACT ENACTED INTO LAW; TERMS (\u00a7 44-75.1:1)\n\nThe National Guard Mutual Assistance Counterdrug Activities Compact is hereby\nenacted into law and entered into by the Commonwealth of Virginia with all other\nstates legally joining therein, in the form substantially as follows:\n\t\tINTERSTATE COMPACT ON NATIONAL GUARD COUNTERDRUG OPERATIONS\n\t\tARTICLE I. PURPOSE.\n\t\tThe purposes of this compact are to:\n\n1. Provide for mutual assistance and support among the party states in the\nutilization of the National Guard in drug interdiction, counterdrug and demand\nreduction activities.\n\n2. Permit the National Guard of this Commonwealth to enter into mutual\nassistance and support agreements, on the basis of need, with one or more\nlaw-enforcement agencies operating within this Commonwealth, for activities\nwithin this Commonwealth, or with a National Guard of one or more other states,\nwhether said activities are within or without this Commonwealth in order to\nfacilitate and coordinate efficient, cooperative enforcement efforts directed\ntoward drug interdiction, counterdrug activities, and demand reduction.\n\n3. Permit the National Guard of this Commonwealth to act as a requesting or a\nresponding state as defined within this compact and to ensure the prompt and\neffective delivery of National Guard personnel, assets, and services to agencies\nor areas that are in need of increased support and presence.\n\n4. Permit and encourage a high degree of flexibility in the deployment of\nNational Guard forces in the interest of efficiency.\n\n5. Maximize the effectiveness of the National Guard in those situations which\ncall for its utilization under this compact.\n\n6. Provide protection for the rights of National Guard personnel when performing\nduty in other states in counterdrug activities.\n\n7. Ensure uniformity of state laws in the area of National Guard involvement in\ninterstate counterdrug activities by incorporating said uniform laws within the\ncompact.\n\t\t\tARTICLE II. ENTRY INTO FORCE AND WITHDRAWAL.\n\n A. This compact shall enter into force when enacted by any two states.\n Thereafter, this compact shall become effective as to any other state upon its\n enactment thereof.\n\n B. Any party state may withdraw from this compact by enacting a statute\n repealing the same, but no such withdrawal shall take effect until one year\n after the governor of the withdrawing state has given notice in writing of\n such withdrawal to the governors of all other party states.\n \t\t\t\tARTICLE III. MUTUAL ASSISTANCE AND SUPPORT.\n\n A. As used in this article:\n \t\t\t\t“Demand reduction” means providing available National Guard\n personnel, equipment, support and coordination to federal, state, local and\n civic organizations, institutions, and agencies for the purposes of the\n prevention of drug abuse and the reduction in the demand for illegal drugs.\n \t\t\t\t“Drug interdiction and counterdrug activities” means the use\n of National Guard personnel, while not in federal service, in any\n law-enforcement support activities that are intended to reduce the supply or\n use of illegal drugs in the United States. These activities include, but are\n not limited to:\n\n1. Providing information obtained, during either the normal course of military\ntraining or operations or during counterdrug activities, to federal, state or\nlocal law-enforcement officials that may be relevant to a violation of any\nfederal or state law within the jurisdiction of such officials;\n\n2. Making available any equipment, including associated supplies or spare parts,\nbase facilities, or research facilities of the National Guard to any federal,\nstate or local civilian law-enforcement official for law-enforcement purposes,\nin accordance with other applicable laws or regulations;\n\n3. Providing available National Guard personnel to train federal, state or local\ncivilian law-enforcement personnel in the operation and maintenance of\nequipment, including equipment made available above, in accordance with other\napplicable laws;\n\n4. Providing available National Guard personnel to operate and maintain\nequipment provided to federal, state or local law-enforcement officials pursuant\nto activities defined and referred to in this compact;\n\n5. Operating and maintaining equipment and facilities of the National Guard or\nother law-enforcement agencies used for the purposes of drug interdiction and\ncounterdrug activities;\n\n6. Providing available National Guard personnel to operate equipment for the\ndetection, monitoring and communication of the movement of air, land and sea\ntraffic; to facilitate communications in connection with law-enforcement\nprograms; to provide transportation for civilian law-enforcement personnel; and\nto operate bases of operations for civilian law-enforcement personnel;\n\n7. Providing available National Guard personnel, equipment and support for\nadministrative, interpretive, analytic or other purposes; and\n\n8. Providing available National Guard personnel and equipment to aid federal,\nstate and local officials and agencies otherwise involved in the prosecution or\nincarceration of individuals processed within the criminal justice system who\nhave been arrested for criminal acts involving the use, distribution or\ntransportation of controlled substances as defined in 21 U.S.C. \u00a7 801 et seq.\nor otherwise by law, in accordance with other applicable law.\n\t\t\t“Law-enforcement agency” means a lawfully established federal,\nstate, or local public agency that is responsible for the prevention and\ndetection of crime and the enforcement of penal, traffic, regulatory, game,\nimmigration, postal, customs or controlled substances laws.\n\t\t\t“Mutual assistance and support agreement” or\n“agreement” means an agreement between the National Guard of this\nCommonwealth and one or more law-enforcement agencies or between the National\nGuard of this Commonwealth and the National Guard of one or more other states,\nconsistent with the purposes of this compact.\n\t\t\t“Official” means the appointed, elected, designated or otherwise\nduly selected representative of an agency, institution or organization\nauthorized to conduct those activities for which support is requested.\n\t\t\t“Party state” refers to a state that has lawfully enacted this\ncompact.\n\t\t\t“Requesting state” means the party state whose governor requested\nassistance in the area of counterdrug activities.\n\t\t\t“Responding state” means the party state furnishing assistance,\nor requested to furnish assistance, in the area of counterdrug activities.\n\t\t\t“State” means each of the several states of the United States,\nthe District of Columbia, the Commonwealth of Puerto Rico or a territory or\npossession of the United States.\n\n B. Upon the request of a governor of a party state for assistance in the area\n of drug interdiction, counterdrug and demand reduction activities, the\n governor of a responding state shall have authority under this compact to send\n without the borders of his state and place under the temporary operational\n control of the appropriate National Guard or other military authority of the\n requesting state, for the purposes of providing such requested assistance, all\n or any part of the National Guard forces of his state as he may deem\n necessary, and the exercise of his discretion in this regard shall be\n conclusive.\n\n C. The governor of a party state may, within his discretion, withhold the\n National Guard forces of his state from such use and recall any forces or part\n or member thereof previously deployed in a requesting state.\n\n D. The National Guard of this Commonwealth is hereby authorized to engage in\n counterdrug activities and demand reduction.\n\n E. The Adjutant General of this Commonwealth, in order to further the purposes\n of this compact, may enter into a mutual assistance and support agreement with\n one or more law-enforcement agencies of this Commonwealth, including federal\n law-enforcement agencies operating within this Commonwealth, or with the\n National Guard of one or more other party states to provide personnel, assets,\n and services in the area of counterdrug activities and demand reduction,\n provided that all parties to the agreement are not specifically prohibited by\n law to perform said activities.\n \t\t\t\tThe agreement shall set forth the powers, rights, and obligations of the\n parties to the agreement, where applicable, as follows:\n\n1. Its duration;\n\n2. The organization, composition, and nature of any separate legal entity\ncreated thereby;\n\n3. The purpose of the agreement;\n\n4. The manner of financing the agreement and establishing and maintaining its\nbudget;\n\n5. The method to be employed in accomplishing the partial or complete\ntermination of the agreement and for disposing of property upon such partial or\ncomplete termination;\n\n6. A provision for administering the agreement, which may include creation of a\njoint board responsible for such administration;\n\n7. The manner of acquiring, holding, and disposing of real and personal property\nused in this agreement, if necessary;\n\n8. The minimum standards for National Guard personnel implementing the\nprovisions of this agreement;\n\n9. The minimum insurance required of each party to the agreement, as necessary;\n\n10. The chain of command or delegation of authority to be followed by National\nGuard personnel acting under the provisions of the agreement;\n\n11. The duties and authority that the National Guard personnel of each party\nstate may exercise; and\n\n12. Any other necessary and proper matters.\n\t\t\tAgreements prepared under the provisions of this compact are exempt from any\ngeneral law pertaining to intergovernmental agreements.\n\n F. As a condition precedent to an agreement becoming effective under this\n article, the agreement must be submitted to and receive the approval of the\n Office of the Attorney General of Virginia. The Attorney General of Virginia\n may delegate his approval authority to the appropriate attorney for the\n Virginia National Guard subject to those conditions which he decides are\n appropriate. Such delegation must be in writing.\n\n1. The Attorney General, or his agent for the Virginia National Guard as stated\nabove, shall approve an agreement submitted to him under this article unless he\nfinds that it is not in proper form, does not meet the requirements set forth in\nthis article, or otherwise does not conform to the laws of Virginia. If the\nAttorney General disapproves an agreement, he shall provide a written\nexplanation to the Adjutant General of the National Guard.\n\n2. If the Attorney General, or his authorized agent, does not disapprove an\nagreement within thirty days after its submission to him, it shall be considered\napproved by him.\n\n G. Whenever National Guard forces of any party state are engaged in the\n performance of their duties, in the area of drug interdiction, counterdrug and\n demand reduction activities, pursuant to orders, they shall not be held\n personally liable for any acts or omissions which occur during the performance\n of their duty.\n \t\t\t\tARTICLE IV. RESPONSIBILITIES.\n\n A. Nothing in this compact shall be construed as a waiver of any benefits,\n privileges, immunities, or rights otherwise provided for National Guard\n personnel performing duty pursuant to Title 32 of the United States Code nor\n shall anything in this compact be construed as a waiver of coverage provided\n for under the Federal Tort Claims Act. In the event that National Guard\n personnel performing counterdrug activities do not receive rights, benefits,\n privileges and immunities otherwise provided for National Guard personnel as\n stated above, the following provisions shall apply:\n\n1. Whenever National Guard forces of any responding state are engaged in another\nstate in carrying out the purposes of this compact, the members thereof so\nengaged shall have the same powers, duties, rights, privileges and immunities as\nmembers of National Guard forces of the requesting state. The requesting state\nshall save and hold members of the National Guard forces of responding states\nharmless from civil liability, except as otherwise provided herein, for acts or\nomissions which occur in the performance of their duties while engaged in\ncarrying out the purposes of this compact, whether the responding forces are\nserving the requesting state within the borders of the responding state or are\nattached to the requesting state for purposes of operational control.\n\n2. Subject to the provisions of subdivisions 3, 4, and 5 of this section, all\nliability that may arise under the laws of the requesting state or the\nresponding state, in connection with a request for assistance or support, shall\nbe assumed and borne by the requesting state.\n\n3. Any responding state rendering aid or assistance pursuant to this compact\nshall be reimbursed by the requesting state for any loss or damage to, or\nexpense incurred in the operation of, any equipment answering a request for aid\nand for the cost of the materials, transportation and maintenance of National\nGuard personnel and equipment incurred in connection with such request; however,\nnothing herein contained shall prevent any responding state from assuming such\nloss, damage, expense, or other cost.\n\n4. Unless there is a written agreement to the contrary, each party state shall\nprovide, in the same amounts and manner as if its National Guard units were on\nduty within their own state, for pay and allowances of personnel of its National\nGuard units while engaged without the state pursuant to this compact and while\ngoing to and returning from such duty pursuant to this compact.\n\n5. Each party state providing for the payment of compensation and death benefits\nto injured members and the representatives of deceased members of its National\nGuard forces, in case such members sustain injuries or are killed within their\nown state, shall provide for the payment of compensation and death benefits in\nthe same manner and on the same terms in the event such members sustain injury\nor are killed while rendering assistance or support pursuant to this compact.\nSuch benefits and compensation shall be deemed items of expense reimbursable\npursuant to subdivision 3 of this section.\n\n B. Officers and enlisted personnel of the National Guard performing duties\n subject to proper orders pursuant to this compact shall be subject to and\n governed by the provisions of their home state code of military justice\n whether they are performing duties within or without their home state. In the\n event that any National Guard member commits, or is suspected of committing, a\n criminal offense while performing duties pursuant to this compact without his\n home state, he may be returned immediately to his home state and the home\n state shall be responsible for any disciplinary action to be taken. However,\n nothing in this section shall abrogate the general criminal jurisdiction of\n the state in which the offense occurred.\n \t\t\t\tARTICLE V. DELEGATION.\n \t\t\t\tNothing in this compact shall be construed to prevent the governor of a\n party state from delegating any of his responsibilities or authority\n respecting the National Guard, provided that such delegation is otherwise in\n accordance with law. For purposes of this compact, however, the governor shall\n not delegate the power to request assistance from another state.\n \t\t\t\tARTICLE VI. LIMITATIONS.\n \t\t\t\tNothing in this compact shall:\n\n1. Authorize or permit National Guard units or personnel to be placed under the\noperational control of any person not having the National Guard rank or status\nrequired by law for the command in question.\n\n2. Deprive a properly convened court of jurisdiction over an offense or a\ndefendant merely because of the fact that the National Guard, while performing\nduties pursuant to this compact, was utilized in achieving an arrest or\nindictment.\n\n3. Authorize the National Guard to directly engage in the personal apprehension,\narrest and incarceration of any individual or the physical search and seizure of\nany person. The National Guard may indirectly support any such law-enforcement\nactivities by an otherwise appropriate law-enforcement agency. The National\nGuard may engage in direct or indirect legal searches and seizures of any\nproperty through the use of aerial surveillance, provided that appropriate\nlaw-enforcement agents are present to provide supervision of such activity.\n\t\t\tARTICLE VII. CONSTRUCTION AND SEVERABILITY.\n\t\t\tThis compact shall be liberally construed so as to effectuate the purposes\nthereof. The provisions of this compact shall be severable, and, if any phrase,\nclause, sentence or provision of this compact is declared to be contrary to the\nConstitution of the United States or of any state or the applicability thereof\nto any government, agency, person or circumstance is held invalid, the validity\nof the remainder of this compact and the applicability thereof to any\ngovernment, agency, person or the circumstance shall not be affected thereby. If\nthis compact shall be held contrary to the constitution of any state\nparticipating herein, the compact shall remain in full force and effect as to\nthe remaining party states and in full force and effect as to the state affected\nas to all severable matters.\n\nHISTORY: 1993, c. 932; 1996, cc. 153, 566.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}