JP 3-28, page 111

Department of Defense Dual-Status Commander D-3 the state or federal chains of command may violate state or federal law or create a potential conflict of interest in policy or process, he or she must refrain from executing such orders until he or she has consulted with a judge advocate from both the state and federal chains of command. If after such consultation, the DSC perceives that the problem has not been resolved, he or she will notify both chains of command and request appropriate guidance. b. DOD forces can only be placed under the command of Title 10, USC, authorities. NG forces can only be placed under the command of state authorities while operating in a Title 32, USC, or state active duty status. DOD collection of information on non-DOD persons is restricted by EO, federal law, and DOD policy. Military justice issues concerning state NG personnel will be determined IAW state code. Military justice issues concerning federal military personnel will be determined IAW the Uniform Code of Military Justice as implemented by applicable military department regulatory guidance. 5. Key Documents Several key documents should be in place before a DSC is established to command both state and federal military forces. The documents listed below are required for the establishment of a DSC. a. Nomination Letters. TAGs, with the approval of their governors, will submit nomination letters to the CNGB. The NGB Domestic Operations and Force Development Directorate will verify with NGB eligibility of nominated general officers or O-6s and schedule approved personnel, in coordination with the North American Aerospace Defense Command (NORAD) and USNORTHCOM Directorate for Training and Exercises, for DSC-required training. b. Certificate of Qualification. Upon completion of required training, NGB Domestic Operations and Force Development Directorate and NORAD and USNORTHCOM Directorate for Training and Exercises will coordinate certificates of qualification signed by the CNGB and CDRUSNORTHCOM. c. Preplanned MOAs Between the State and DOD for the Use and Establishment of a DSC. Preplanned MOAs for the use and establishment of a DSC have been coordinated and signed between DOD and all 50 states, Puerto Rico, Guam, and the US Virgin Islands. In the case that a state may prefer to establish an MOA for each unique event or incident, every effort will be made to pre-coordinate an MOA that can be quickly signed and executed. d. State and DOD Appointment Memorandums. State and DOD appointment memorandum templates are contained in all preplanned and signed MOAs between DOD and all 50 states, Puerto Rico, Guam, and the US Virgin Islands to expedite the establishment of a DSC. ASD(HD&GS) will ensure SecDef’s authorization and signature for the DOD memorandum and that the state, Joint Staff, NGB, USNORTHCOM, and USINDOPACOM receive a copy. The CNGB will coordinate with TAG to ensure the governor’s consent and signature for the state memorandum and that OSD, Joint Staff, and USNORTHCOM receive a copy.