1. Dual Status Commander (DSC) Information Brief
BG Bruce OLIVEIRA
HIARNG CDR
JTF 5-O Designated DSC

2. AGENDA What is a Dual Status Commander
Why is a Dual Status Commander used
When is a Dual Status Commander used
Where is a Dual Status Commander used
Who becomes a Dual Status Commander
How is the Dual Status Commander employed

3. What is a Dual Status Commander?

4. UNITY OF EFFORT; NOT UNITY OF COMMAND
Dual Status Commander (DSC)
Premise
Commander – NOT Command
T10 cannot exercise Command & Control (C2) over State Status NG Forces; State Status NG Forces cannot exercise C2 over T10 Forces
Allows either a NG Commander (32 USC 325) or AD Commander (32 USC 315), with POTUS authorization and Governor’s Consent, to have both active duty and state commission
Command authority exercised in mutually exclusive manner
UNITY OF EFFORT; NOT UNITY OF COMMAND

5. Two Organizational Constructs for JTF Unity of Effort
Parallel and Separate Chains of Command for State and Federal military forces
Dual Status Command in accordance with 32 USC Section 325 or Section 315

6. C2 Options PARALLEL DUAL STATUS CDR Governor President/ SECDEF TAG CDR
USPACOM
TAG
CDR
USPACOM
DUAL
STATUS CDR
US Code Title 32, Section 325, allows an officer of the National Guard to not be relieved from duty in the National Guard of his State orTerrit ory, while serving on active duty:
1) If the Governor the State consents
2) If the President authorizes
US Code Title 32, Section 315, allows an Active Duty officer to accept a commission in the National Guard without vacating his regular appointment:
1) If the President details the officer to duty with the state National Guard
2) If the Governor agrees to tender a state commission
When there is a need for a federal response, in particular T10 forces, 2 ways of commanding and controlling them:
Parallel and DSC
Again, we’re going to spend an entire week digging into the nuances of DSC.
I want you to understand that in Joint Doctrine, parallel C2 is still on the table.
DSC is in law now as the Usual and Customary method of C2 of T10 forces in DSCA, but some instances may lead to a parallel structure.
Example: Combat Camera
T32 DEP CDR
T10 DEP CDR NG
forces
T10
forces
J-CODE
STAFF NG
forces
T10
forces

7. DSC Command Authority
When established, DSCs are normally OPCON to USNORTHCOM / USPACOM in accordance with the DSC CONOPS
DSCs maintain/establish a State chain-of-command, through The Adjutant General, to the Governor
Upon arrival in the AOR, T10 forces are normally OPCON to the Geographic Combatant Cdr IAW the CJCS standing DSCA execute order
T10 forces may be presented to DSCs in either an OPCON or TACON C2 relationship
T10 forces are released from the command relationship and fall back in command of their Home Unit upon departure of the AOR
Highlight the integrated J3 structure along with the chain of command.
Whether the direction comes through the T32 or T10 Dep CDR it should be seen as coming from the DSC and executed in an integrated fashion.

8. Why is a Dual Status Commander used?

9. Why DSC Joint Action Plan for Developing Unity of Effort
(Approved by Council of Governors, Secretary of Defense and Secretary of Homeland Security on March 1, 2011)
When a State requests support from the Federal government, it is vital to acknowledge both the sovereign status of Governors in managing and directing the response to emergencies within their States … and the responsibility of the President and Secretary of Defense in ensuring legal, safe, and effective employment of Federal forces when requested
NDAA FY12 (Public Law : December 31, 2011)
When the Armed Forces and the National Guard are employed simutaneously in support of civil authorities in the United States … a dual status commander … should be the usual and customary command and control arrangement, including for missions involving a major disaster or emergency
When a major disaster or emergency occurs … the Governor of the State affected normally should be the principle civil authority supported by the primary Federal agency and its supporting Federal entities, and the Adjutant General of the State … normally should be the principle military authority supported by the dual-status commander
USSS has the primary responsibility for security design, planning and implementation (National Special Security Events)
FBI has the primary responsibility for intelligence, counterterrorism and federal criminal investigation (Crisis Management)
FEMA has the primary responsibility for emergency response, recovery planning and coordination (Consequence Management)
DoDD (Jan 5, 2011) Enclosure 4 (Responsibilities): State Adjutant Generals “Designate a qualified officer or officers eligible to serve in dual status pursuant to section 325(a)(2) of (Title 32 US Code). When a dual status relationship is authorized, ensure dual status officers facilitate unity of effort between State and Federal military forces in accordance with guidance from both their respective Governors and the President, or their designees.

10. FYO4 NDAA
32 USC § 325. Relief from National Guard duty when ordered to active duty
Relief required.
Except as provided in paragraph (2), each member of the Army National Guard of the United States or the Air National Guard of the United States who is ordered to active duty is relieved from duty in the National Guard of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, as the case may be, from the effective date of his order to active duty until he is relieved from that duty.
(2) An officer of the Army National Guard of the United States or the Air National Guard of the United States is not relieved from duty in the National Guard of his State or Territory, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands or the District of Columbia, under paragraph (1) while serving on active duty if—
(A) the President authorizes such service in both duty statuses; and
(B) the Governor of his State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, consents to such service in both duty statuses.
Subsec. (a)(2). Pub. L , Sec. 517(a), struck out "in command of a National Guard unit" after "active duty" in introductory provisions. Subsecs. (b), (c). Pub. L , Sec. 517(b), added subsec. (b) and redesignated former subsec. (b) as (c) Subsec. (a). Pub. L substituted "State, or of the Commonwealth of Puerto Rico, Guam, or the Virgin Islands" for "State or Territory, or of Puerto Rico" in par. (1) and introductory provisions of par. (2) and "State or Territory or Puerto Rico" in par. (2)(B) Subsec. (a). Pub. L , Sec. 516(a), substituted "(a) Relief Required. - (1) Except as provided in paragraph (2), each" for "(a) Each" and added par. (2). Subsec. (b). Pub. L , Sec. 516(b), inserted heading Subsec. (a). Pub. L struck out ", the Canal Zone," after "Puerto Rico".
This says that someone in the Guard that is mobilized under Title 10 is relieved of his Title 32 Guard duties;
However, if the both the president and the governor agree on a DSC, that commander is not relieved of his Title 32 duties and serves in a dual status

11. FYO8 NDAA
32 USC § 325. Relief from National Guard duty when ordered to active duty (
ADVANCE AUTHORIZATION AND CONSENT — The President and the Governor of a State or Territory, or of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of a unit.
Return to State status. So far as practicable, members, organizations, and units of the Army National Guard of the United States or the Air National Guard of the United States ordered to active duty shall be returned to their National Guard status upon relief from that duty.
NOTE: FY 2008 NDAA (Pub. L , Sec. 517(a), struck "in command of a National Guard unit" after "active duty“. Sec. 517 Subsecs. (b), (c) added subsection (b), above, and redesignated former subsection 325(b) as 325(c).
This says that someone in the Guard that is mobilized under Title 10 is relieved of his Title 32 Guard duties;
However, if the both the president and the governor agree on a DSC, that commander is not relieved of his Title 32 duties and serves in a dual status

12. FY12 NDAA PUBLIC LAW 112–81—DEC. 31, 2011
(b) TREATMENT OF OPERATIONS AS CONTINGENCY OPERATIONS.—
Section 101(a)(13)(B) of such title is amended by inserting ‘‘12304a,’’ after ‘‘12304,’’.
(c) USUAL AND CUSTOMARY ARRANGEMENT.—
(1) DUAL-STATUS COMMANDER.—When the Armed Forces and the National Guard are employed simultaneously in support of civil authorities in the United States, appointment of a commissioned officer as a dual-status commander serving on active duty and duty in, or with, the National Guard of a State under sections 315 or 325 of title 32, United States Code, as commander of Federal forces by Federal authorities and as commander of State National Guard forces by State authorities, should be the usual and customary command and control arrangement, including for missions involving a major disaster or emergency as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). The chain of command for the Armed Forces shall remain in accordance with sections162(b) and 164(c) of title 10, United States Code.
This says that someone in the Guard that is mobilized under Title 10 is relieved of his Title 32 Guard duties;
However, if the both the president and the governor agree on a DSC, that commander is not relieved of his Title 32 duties and serves in a dual status

13. FY12 NDAA
(2) STATE AUTHORITIES SUPPORTED.—When a major disaster or emergency occurs in any area subject to the laws of any State, Territory, or the District of Columbia, the Governor of the State affected normally should be the principal civil authority supported by the primary Federal agency and its supporting Federal entities, and the Adjutant General of the State or his or her subordinate designee normally should be the principal military authority supported by the dual-status commander when acting in his or her State capacity.
(3) RULE OF CONSTRUCTION.—Nothing in paragraphs (1) or (2) shall be construed to preclude or limit, in any way, the authorities of the President, the Secretary of Defense, or the Governor of any State to direct, control, and prescribe command and control arrangements for forces under their command.
This says that someone in the Guard that is mobilized under Title 10 is relieved of his Title 32 Guard duties;
However, if the both the president and the governor agree on a DSC, that commander is not relieved of his Title 32 duties and serves in a dual status

14. When is a Dual Status Commander used?

15. Previous DSC Events
National Special Security Events (NSSEs) / Special Events
2004: G-8 summit, RNC, DNC
2008: RNC and DNC
2009: G-20 Summit
2010: National Scout Jamboree (SEAR)
2011: Asia Pacific Economic Cooperation– Hawaii
2012: NATO Summit, RNC and DNC
2013: National Scout Jamboree (SEAR)
Consequence Management events
2011: Hurricane Irene (5 DSCs)
2012: Colorado Wildfires, California Wildfires, Hurricane Isaac (2 DSCs), Hurricane Sandy (6 DSCs)
2013: Colorado Wildfires, California Wildfires, Colorado Flooding

16. Where is a Dual Status Commander used?

17. Typical DSC C2 Model Dual Status Commander Title 10 Title 32 Deputy
President
Governor
The Adjutant General
Secretary of
Homeland Security
Secretary of
Defense
Federal Emergency Management Agency
ASD
Joint Staff
Secretary of
the Army
Secretary of
the Air Force
Hawaii-State Civil Defense
U.S. Northern Command
Joint Force Headquarters-Hawaii
National Guard Bureau
Joint Field Office
Dual Status
Commander
Incident Commander
SCO
FCO
DCO
Incident Commander
Title 10
Deputy
Title 32
Deputy
When established, DSCs are normally OPCON to USNORTHCOM in accordance with the DSC CONOPS.
DSCs maintain/establish a State chain-of-command, through The Adjutant General, to the Governor
Upon arrival in the JOA T10 forces are normally OPCON to the Geographic Combatant Cdr IAW the CJCS standing DSCA execute order
T10 forces may be presented to DSCs in either an OPCON or TACON C2 relationship
You’re going to see several C2 diagrams / line and block charts this week.
Understand that if they differ, its because you’re probably seeing DSC C2 from the perspective of the organization that’s briefing you.
What I’m going to do is lay out for you a generic DSC C2 model that will facilitate laying that common DSC foundation we talked about.
Start with an incident – managed at the local/state level. Different state C2 options.
Now there’s an identification of a need that exceeds state/EMAC resources
DCO – Sourcing – RFA/MA
Execution – Command & Control = DSC (SOURCING vs. EXECUTION)
Intermediate C2 organization (multi-state)
Conclusion – Visit is designed to help you understand the nuances of the entire response
JFLCC
JFACC
JFMCC
Incident Commander
Title 10
Staff
Title 32
Staff
Joint Task Force Federal (T10)
Joint Task Force State
(T32)
Joint Task Force State
(SAD)
Support

18. DART-E DART-W EMAC Capabilities Federal State NGB NGCC JET JCCC DART X
President
Governor
STRATEGIC
PACOM
FEMA FCO
UCG
TAG / Dir CD
NGB
NGCC
JET
JCCC
DART
T10 JTF
JFO
SEOC
OPERATIONAL
EMAC Capabilities
JTF 5-0
(DSC)
JFHQ-HI /
JTF 5-0
MAs X TF
Area Cmd
JTF
I I I
AVN
I I
SIG
ENG
LOG
TASK ORGANIZED
IAW JOPLAN
Geographic
Functional
TACTICAL
State Force
Structure
JFHQ-HI
93rd CST
CERFP
HIANG
154th WING
Ops Grp
MXG
MSG MG
203rd ARS
204th ALS
201st CCG
HIARNG
29th IBCT
103rd Trp Cmd
298th RTI
Essential 10
Capabilities C2
CBRNE
Maintenance
Aviation
Engineering
Medical
Communications
Transportation
Security
Logistics
Special Training
Requirements Q DS DS GS GS GS GS Y Y
This slide builds and reflects how the National Guard applies the military resources to support the state. Our force structure, generally arranged by capability, is task organized to respond to RFA from the SEOC. We then see how NGB assist the states in mutual aid via EMAC. We also see the typical chain of command the incident command with the Governor serving as both Commander in Chief over the National Guard and the IC for the state’s response. N
RFAs Q
translated into Y
JTF
Area Cmd X N Q X
JTF
Area Cmd N Y
DRRS
Reporting Systems

19. APEC 2011 Task Organization
Unified COORDINATION Group
HI-GOV
USPACOM
CDR
JTF-HD
HI-TAG
JTF-HD
HING JFHQ
JTF-KUPAA
CDR T-32/10
JTF-ALII
Title 10
Deputy Commander
Title 32
Deputy Commander
JTF-KUPAA XO
JTF- kupaa Staff
T-32/10

20. Who becomes a Dual Status Commander?

21. *51 of 54 States & Territories have signed MOAs
DSC Establishment
If the President (SecDef) authorizes
If the Governor of State consents 3
STATE GOV
AUTHORIZE
Designation
Request
CONSENT
Designation
Memorandum
President
(delegated to SECDEF) 4 2
DSC
Recommendation 1 5
Recommendation
Endorsement
Memorandum
STATE AG
Standing
Memorandum
Of Agreement
Between
State and DOD
*51 of 54 States & Territories have signed MOAs 3

22. MOA re: Dual Status Command
The Council of Governors, DoD and the White House agreed to the text of a Memorandum of Agreement (MOA) between each state and territory and the federal government governing appointment of DSCs
POTUS delegated his MOA signature authority to the SecDef (14 April 2011)
The MOA designates Dual Status command as the “usual and customary arrangement” for achieving unity of effort in DSCA / Civil Support operations
Authorizes oral appointment of a DSC with paperwork to follow when circumstances permit (MOA, Article III, section C)
Calls for resolution of perceived conflicts between state and federal laws and state and federal mission taskings via consultation with the respective chains of command
BUT affirms the DSC’s authority to take emergency and immediate response actions he/she deems necessary while such consultations are underway (MOA, Article IV, sections C and D)

23. DSC MOA for APEC 2011
“Pursuant to the Memorandum of Agreement between the State Of Hawaii and the Department of Defense for the Use and Establishment of the a Dual Status Commander (DSC) pursuant to Title 32 (hereinafter “the MOA”), signed on August 31, 2011, and Section 325 of Title 32 U.S. code, I grant consent for Brigadier General (BG) Gary H. Hara to be activated and to serve in both State and Federal duty statues as the DSC for the purposes of the Asia Pacific Cooperation 2011.”

24. NG Officers as DSC Federal Mission State Mission
Provide trained & equipped units capable of rapid deployment in time of war, national emergency, or operational contingencies.
Provide highly effective, professional, & organized forces able to respond to natural & human-caused disasters domestically.
The Hawaii National Guard has two missions- Federal and State. An example of a Federal mission would be a unit deploying to Operation Enduring Freedom and an example of a state mission would be activating a necessary number of troops to assist with Flood Relief. The fact that we have a state and federal mission, it makes the National Guard Special.

25. How is the Dual Status Commander employed?

26. Limitation on Domestic Operations (DSCA) Authorities
Posse Comitatus Act (PCA) of Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or the Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.” 18 USC (Homeland Security Act of 2002 reaffirmed the importance of complying with the Posse Comitatus Act.)

27. Statutory Authorities
State Active Duty (SAD)
Title 32 (T32)
Title 10 (T10)

28. Statutory Authority State Active Duty (SAD) Title 32 Title 10 Title 14
Command and
Control
Governor
President
Commandant of the US Coast Guard
Location of Duty
United States and Territories
Worldwide
Worldwide. Law Enforcement jurisdiction upon High Seas and waters over which U.S. has jurisdiction
Funding
State Funds
Federal
Mission Types
State Training and/or Missions as directed
Training and/or other federally authorized missions
Federal Missions and duty performed outside United States/Territories
Uniformed armed service with broad law enforcement powers
Military
Discipline
State Military Code
UCMJ
PCA
Does not apply
Applies
Does not apply*
Indemnity for Accidents
IAW State Law
FTCA
Title 14 designates the United States Coast Guard as an armed force of the United States and a Federal maritime law enforcement agency within the Department of Homeland Security.
In a Title 14 status the Coast Guard command and control is through the Commandant of the Coast Guard.
In the maritime environment, the Coast Guard has broad authority to enforce U.S. law and, under certain circumstances, foreign and international law. To the extent that the Coast Guard: (1) has jurisdiction over a vessel, and (2) a substantive U.S., foreign or international law applies to the situation, the Coast Guard is well positioned to enforce law on the high seas and upon waters over which the U.S. has jurisdiction.
Their pay is from Federal funding.
The Coast Guard is a multi-mission service responsible for: Maritime Safety; Maritime Mobility; Maritime Security and Law Enforcement; Protection of Natural Resources; and National Defense.
Discipline is through Uniform Code of Military Justice.
Since the beginning of the Republic, Congress has authorized the Coast Guard to exercise law enforcement authority upon the high seas and waters over which the United States has jurisdiction, and aboard any vessel wherever located subject to the jurisdiction, or to the operation of any law, of the United States. The Coast Guard routinely exercises its jurisdiction on foreign flag vessels (with prior flag state authorization) and stateless vessels thousands of miles from the United States on the high seas and sometimes in foreign waters, if the coastal state has given prior authorization.
Coast Guard is at all times a military service and branch of the armed forces of the United States (14 USC 1 and 10 USC 101). It is required to maintain a state of readiness to function as a specialized service in the Navy in times of war (14 USC 2). It is also specifically authorized to work closely and cooperatively with the Navy during peacetime (14 USC 145), and assist the DoD in performance of any activity which the Coast Guard is especially qualified (14 USC 141)

29. Statutory Authority Title 10 Title 32 SAD
This slide is deliberately wrong, making it look as if the duty statuses are separate, distinct and unrelated.
Ask if the three are separate, distinct and unrelated.
Based on discussion generated, ask for examples.
In Perpich vs. Department of Defense “ The U.S. Supreme Court stated …. In a sense, all [National Guard members] members now must keep three hats in their closets – a civilian hat, a state militia hat, and an army hat – only one of which is worn at any particular time.”
REFERENCE: The Army Lawyer Journal – JUNE pg. 74
When a NG member is called into federal service, he loses his NG state status until such time he is relieved from federal service and reverts back to his NG status. In the National Defense Authorization Act, Congress allowed for a NG CDR to hold be a federal and state commission, that is, dual status.

30. Dual Status Commander / DSC
Title 10
SAD
Title 32
Dual Status Commander / DSC
The implementation of a Dual Status Commander “provides for a unity of effort so state and federal forces operating in the same space can perform interrelated missions. Rather than having separate federal and state level commanders directing activities of the separate and various federal and state military forces, likely resulting in a duplication of efforts, the DCS is able to ensure both forces’ efforts are carried out efficiently.”
REFERENCE: The Army Lawyer Journal – JUNE pg. 73
The former NORTHCOM CDR – Admiral Timothy Keating – testified to the Senate Armed Forces Committee “This centralized command and control construct provides both the federal and state chains of command with a common operating picture through the eye of the DCS. It also enables the DSC to maximize his or he federal and state capabilities, as well as facilitate unity of effort from all assigned forces.”
REFERENCE: The Army Lawyer Journal – JUNE pg
GO TO NEXT SLIDE TO EXPLAIN:

31. DSC Misconceptions
Does not give POTUS or Governor control over the other’s forces
Does not, per se, authorize T32 funding for NG forces under the dual status commander
Does not “dual status” personnel in the JTF
Does not provide unity of command

32. Questions