JP 3-28, page 109

D-1 APPENDIX D DEPARTMENT OF DEFENSE DUAL-STATUS COMMANDER 1. General a. This appendix establishes procedures, assigns responsibilities, and provides instructions for the designation, employment, and training of DSCs for use in DSCA pursuant to the legal authorities. b. A DSC is a commissioned officer of the regular USA or USAF or a federally recognized Army National Guard (ARNG) or Air National Guard (ANG) officer authorized, pursuant to Title 32, USC, Section 315 or 325, by SecDef, with the consent of the applicable governor of a state, to exercise command on behalf of, and receive separate orders from, a federal chain of command and exercise command on behalf of, and receive separate orders from, a state chain of command. c. A DSC is an intermediate link in two distinct, separate chains of command flowing from different federal, territorial, and state governments (see Figure D-1). Although the DSC is empowered to exercise command on behalf of, and may receive orders from, two separate chains of command, those chains of command must recognize and respect the DSC’s duty to exercise all authority in a completely mutually exclusive manner (i.e., either in a federal or state capacity), giving orders on behalf of or relaying orders from the federal chain of command to federal military forces and giving orders on behalf of or relaying orders from the state chain of command to state military forces but never relaying federal orders to state military forces or state orders to federal military forces. d. Appointment of a DSC does not apply to civil disturbance operations, HD operations, federal military commanders providing DSCA under “immediate response authority,” mutual or automatic aid agreements between communities and military installations, or federal military commanders supporting DOJ in emergency situations involving WMD. 2. Operational Area a. For the activation of a DSC, the support request process can begin with the governor providing their consent to have a pre-identified and qualified officer appointed as DSC. The process is coordinated in the military chain of command from the state TAG to CNGB, with either CDRUSNORTHCOM or CDRUSINDOPACOM for approval of the DSC to SecDef via the CJCS. b. USNORTHCOM. In USNORTHCOM’s AOR, DSCs may be appointed in any of the 48 contiguous states, Alaska, the District of Columbia, and the territories of Puerto Rico and the US Virgin Islands. c. USINDOPACOM. In USINDOPACOM’s AOR, DSCs may be appointed in the state of Hawaii and the territory of Guam.