th Annual HOMELAND SECURITY LAW INSTITUTE · The afternoon Workshop Homeland Security 101 will be presented by James McCament, Chief of Legislative Affairs at USCIS, Evan Wolff of

8th Annual

HOMELAND SECURITY LAW INSTITUTE

2-Day CLE Program June 20-21, 2013 Pre-Program Workshops (Non-CLE) June 19, 2013

CAPITAL HILTON 1001 16th Street Northwest

Washington, DC 20036

Co-Sponsored by the ABA Commission on Immigration

Criminal Justice Section Forum on Air and Space Law

Government and Public Sector Lawyers Division Section of Intellectual Property Law

Section of International Law Section of Public Contract Law

Section of Public Utility, Communications and Transportation Law Special Committee on Disaster Response & Preparedness

Standing Committee on Law and National Security Young Lawyers Division

Joe D. Whitley, Program Chair Chad Boudreaux, Program Vice-Chair

Elizabeth L. Branch, Program Vice-Chair Evan D. Wolff, Program Vice-Chair James W. Conrad Jr., Section Chair

13 Hours of CLE Credit Requested

8th Annual HOMELAND SECURITY LAW INSTITUTE

PLATINUM SPONSOR

GOLD SPONSORS

2

8th Annual HOMELAND SECURITY LAW INSTITUTE

BRONZE SPONSORS

3

SILVER SPONSORS

Message from Joe D. Whitley As Chair Elect of the American Bar Association’s Administrative Law and Regulatory Practice Section, I

would like to invite you to attend the 8th Annual Homeland Security Law Institute. Our program will be

held on June 20 & 21, 2013 at the Capital Hilton in Washington, DC. Pre-Program Workshops will be held

on June 19, 2013 at the law firm of Greenberg Traurig LLP. For those of you who practice in the dynamic

area of Homeland Security law, this two-day program was designed with you in mind. Our topics agenda

for this year is listed below:

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An Overview of DOJ’s National Security Division an

What to Expect in 2013

Our Nation’s Security: A Perspective from the House Com-

mittee on Homeland Security

Homeland Security: Regulatory & Legislative Developments

2013

Transportation and Supply Chain Security

Homeland Defense & Civil Support: Domestic Military Roles

and Responsibilities

Export Control

Hurricane Sandy – FEMA’s Response & Legislative Reform

of FEMA

Law Enforcement Agenda 2013

Infrastructure Protection Regulations: CFATS and Beyond

Terrorism, Technology, and Travel – How To Measure the

Success of DHS in Enforcing Immigration Laws in an Era of

Tight Budgets and Increasing Mobility

Innovations and Challenges in Immigration Benefits Adjudi-

cation: Legislation, Policy and Operations

CyberSecurity for the Private Sector: What Companies and

Their Lawyers Need to Know

Trends in Foreign Corrupt Practices Act (FCPA) and Anti-

Bribery Enforcement

A Look at The National Protection Programs Directorate

(NPPD) and What to Expect in 2013

DHS - 10 Years and Beyond (From the Secretaries of DHS)

SAFETY Act

America’s Power Grid - Reliability and Regulation

Protecting Our Nation’s Cyber Critical Infrastructure

Government Contracting: Navigating the Acquisition Process

at the Department of Homeland Security, Potential Pitfalls,

Practical Pointers, and Lessons Learned in Doing Business

with DHS

Money Laundering: Terrorist Financing

The Fabric of Identity

CFIUS in 2013

The Office of DHS General Counsel (2003-2013)

Kill or Capture? Drones, Trials, and Other Counter-terrorism

As previously mentioned, we have two Pre-Program Workshops this year which will be held on June 19, 2013 at the law offices of Greenberg Traurig. The morning Workshop will focus on “Careers in Homeland Security,” and will be moderated by former FBI General Counsel, Valerie Caproni. The afternoon Workshop “Homeland Security 101” will be presented by James McCament, Chief of Legislative Affairs at USCIS, Evan Wolff of Hunton & Williams and Keli Perrin of Syracuse University. We are honored to have with us this year John P. Carlin, Acting Assistant Attorney General for the National Security Division, U.S. Department of Justice, Congressman Michael T. McCaul (TX-10), Chairman, House Committee on Homeland Security, Suzanne E. Spaulding, Acting Under Secretary for the National Protection and Programs Directorate (NPPD), Secretary Janet Napolitano (invited), Secretary Michael Chertoff, and Secretary Tom Ridge as our Keynote Speakers. I am confident the Homeland Security Law Institute will be an invaluable resource for your law practice. The content of our program, materials provided to our attendees and the insightful and informative discussions from our faculty experts in the field of Homeland Security have made this program a tremendous success year after year. I would like to thank our program Co-Chairs, Chad Boudreaux of Huntington Ingalls Industries, Inc., The Honorable Lisa Branch, Judge of the Court of Appeals of the State of Georgia and Evan D. Wolff of Hunton & Williams, LLP, who have been instrumental in helping to put this conference together. A special thanks goes to Anne Kiefer, Section Director, Angela Petro, Program Associate, and Alisha Dixon, Program Assistant, who make this program work. Finally, we are most grateful for the crucial financial support provided by our generous sponsors. With best regards,

Joe D. Whitley Section Chair Elect & Program Chair Former and First General Counsel, U.S. Department of Homeland Security Three-time Appointed U.S. Attorney for the Northern and Middle Districts of Georgia

Chad Boudreaux

Program Vice-Chair

Elizabeth L. Branch

Program Vice-Chair

Evan D. Wolff

Program Vice-Chair

8th ANNUAL HOMELAND SECURITY LAW INSTITUTE

SCHEDULE AT A GLANCE

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WEDNESDAY, JUNE 19, 2013 Pre-Program Workshops at Greenberg Traurig LLP

TIME SESSION ROOM

9:30 – 11:30 am Careers in Homeland Security

11:30 – 12:00 pm Break

12:00 – 2:00 pm Homeland Security Law & Policy 101

6:00 – 8:00 pm Faculty Reception

THURSDAY, JUNE 20, 2013

7:30 – 8:45 am Continental Breakfast & Registration

8:45 – 9:00 am Welcome & Introductions

9:00 – 9:30 am An Overview of the U.S. National Security Division and What to Expect in 2013

9:30 – 10:00 am Our Nation’s Security: A Perspective from the House Committee on Homeland Security

10:00 – 10:15 am Break

10:15 – 11:15 am Homeland Security: Regulatory & Legislative Developments 2013

11:15 – 12:15 pm Transportation and Supply Chain Security

11:15 – 12:15 pm Homeland Defense & Civil Support: Domestic Military Roles and Responsibilities

11:15 – 12:15 pm Export Control

12:15 – 12:45 pm Lunch

12:45 – 1:45 pm Hurricane Sandy – FEMA’s Response & Legislative Reform of FEMA

1:45 – 2:00 pm Break

2:00 – 3:00 pm Law Enforcement Agenda 2013

2:00 – 3:00 pm Infrastructure Protection Regulations: CFATS and Beyond

2:00 – 3:00 pm Terrorism, Technology, and Travel – How To Measure the Success of DHS in Enforcing Immigration Laws in an Era of Tight Budgets and Increasing Mobility

3:00 – 3:15 pm Break

3:15 – 4:15 pm Innovations and Challenges in Immigration Benefits Adjudication: Legislation, Policy and Operations

3:15 – 4:15 pm Cyber Security for the Private Sector: What Companies and Their Lawyers Need to Know

3:15 – 4:15 pm Trends in Foreign Corrupt Practices Act (FCPA) and Anti-Bribery Enforcement

4:15 – 5:15 pm A Look at The National Protection Programs Directorate (NPPD) and What to Expect in 2013

5:15 pm Cocktail Reception – Attendees & Faculty

FRIDAY, JUNE 21, 2013

7:30 – 8:30 am Continental Breakfast & Registration

8:30 – 9:30 am DHS - 10 Years and Beyond

9:30 – 10:30 am Safety Act

9:30 – 10:30 am America’s Power Grid - Reliability and Regulation

9:30 – 10:30 am Protecting Our Nation’s Cyber Critical Infrastructure

10:30 – 10:45 am Break

10:45 – 11:45 am Government Contracting: Navigating the Acquisition Process at the Department of Homeland Security, Potential Pitfalls, Practical Pointers, and Lessons Learned in Doing Business with DHS

10:45 – 11:45 am Money Laundering: Terrorist Financing

10:45 – 11:45 am The Fabric of Identity

11:45 – 12:30 pm Lunch

12:30 – 1:30 pm CFIUS in 2013

1:30 – 2:30 pm The Office of DHS General Counsel (2003-2013)

2:30 – 2:45 pm Break

2:45 – 3:45 pm Kill or Capture? Drones, Trials, and Other Counter-terrorism Challenges for the Second Term

3:45 – 4:00 pm Closing Remarks

Program Faculty

Ernest B. Abbott Founder and Principal, FEMA Law Associates, PLLC, Washington, DC Former General Counsel at Federal Emergency Management Agency (FEMA)

Jayson P. Ahern Principal, The Chertoff Group, Washington, DC Former Acting Commissioner, U.S. Customs & Border Protection (CBP)

Jennifer Arangio Senior Counsel, House Committee on Homeland Security, Washington, DC Leonard Bailey Special Counsel for National Security for the Computer Crime and Intellectual Property Section, U.S. Department of Justice (DOJ), Washington, DC Stewart Baker Partner, Steptoe & Johnson LLP, Washington, DC Former Assistant Secretary of Policy, U.S. Department of Homeland Security (DHS)

The Honorable John B. Bellinger, III Partner, Arnold & Porter LLP, Washington, DC Former Legal Advisor, U.S. Department of State (DoS)

David Z. Bodenheimer Partner, Crowell & Moring, Washington, DC Scott P. Boylan Vice President and General Counsel, MorphoTrust USA, Arlington, VA Timothy Bumann Partner, Smith, Gambrell & Russell, LLP Atlanta, GA Bret A. Campbell Partner, Cadwalader, Wickersham & Taft LLP, Washington, DC Valerie E. Caproni Vice President and Deputy General Counsel, Northrop Grumman Corporation, Falls Church, VA Former General Counsel of the Federal Bureau of Investigation (FBI)

John P. Carlin Acting Assistant Attorney General for National Security, U.S. Department of Justice (DOJ), Washington, DC Jonathan G. Cedarbaum Partner, Wilmer Cutler Pickering Hale & Dorr, Washington, DC Steven Chabinsky SVP Legal Affairs and Chief Risk Officer, CrowdStrike, Inc., Washington, DC Former Senior Advisor to the Director of National Intelligence

The Honorable Michael Chertoff Co-Founder and Managing Principal, The Chertoff Group, Senior Of Counsel, Covington & Burling LLP, Washington, DC Former Secretary, U.S. Department of Homeland Security (DHS)

Jeanette L. Chu Partner, PwC, McLean, VA

Gus P. Coldebella Partner, Goodwin Procter LLP, Washington, DC Former Acting General Counsel at U.S. Department of Homeland Security (DHS)

Sandra L. Cross Corporate Director, International Trade Compliance, Huntington Ingalls Industries, Newport News, VA Bruce Davidson Director, Office of SAFETY Act Implementation, U.S. Department of Homeland Security (DHS), Washington, DC Roger Dow President & Chief Operating Officer, U.S. Travel Association, Washington, DC

Elaine Duke Principal, Elaine Duke & Associates, LLC, Woodbridge, VA Former DHS Under Secretary for Management & Chief Acquisition Office

Brett Egusa Deputy Associate Chief Counsel, Procurement and Fiscal Law Division, Office of Chief Counsel, FEMA, Washington, DC

Charley English Georgia Emergency Management Agency (GEMA), Atlanta, GA Jill Family Associate Professor of Law; Associate Director, Law and Government Institute, Widener University School of Law, Harrisburg, PA Brian E. Finch Partner, Dickstein Shapiro LLP, Washington, DC Ivan K. Fong Senior Vice President, Legal Affairs & General Counsel, 3M Company, Washington, DC Former and Third General Counsel at U.S. Department of Homeland Security (DHS)

Carol Fuchs Counsel for International Trade Regulation, General Electric (GE), Washington, DC John Geschke General Counsel, ZenDesk, San Francisco, CA

Theodore Greenberg President, TG Global, Washington, DC Former Senior Counsel, Financial Marketing Integrity Group, World Bank

Seth Grossman Deputy General Counsel, U.S. Department of Homeland Security (DHS), Washington, DC Stephen Heifetz Partner, Steptoe & Johnson, Washington, DC Matthew Hellman Partner, Jenner & Block, Washington, DC

Kelly Suzanne Herman Of Counsel, Venable LLP, Washington, DC David Heyman Assistant Secretary for Policy, U.S. Department of Homeland Security (DHS), Washington, DC

Patricia A. Hoffman Assistant Secretary for the Office of Electricity Delivery and Energy Reliability, U.S. Department of Energy (DOE), Washington, DC Cynthia Hyland Vice President, Contracts, Pricing, & Supply Chain of Northrup Grumman, Falls Church, VA Adam Isles Managing Director, The Chertoff Group, Washington, DC

Elizabeth L. Branch, Program Vice Chair Judge, Court of Appeals of the State of Geor-gia, Atlanta, GA Former Counselor to the Administrator of the Office of Information and Regulatory Affairs (OIRA), U.S. Office of Management and Budget (OMB); former Associate General Counsel for Rules and Legislation, U.S. Department of Homeland Security (DHS)

Chad N. Boudreaux, Program Vice Chair Corporate Vice President, Litigation and Chief Compliance Officer, Huntington Ingalls Industries, Inc., Newport News, VA Former Deputy Chief of Staff, U.S. Department of Homeland Security (DHS); former Senior Counsel to the Deputy Attorney General, U.S. Department of Justice (DOJ)

Joe D. Whitley, Program Chair Chair Elect, ABA Section of Administrative Law and Regulatory Practice, Chair, Atlanta White Collar Practice; DC Shareholder, Greenberg Traurig LLP, Atlanta, GA and Washington, DC Former and first General Counsel, U.S. Department of Homeland Security (DHS); former U.S. Attorney for the Northern (Macon) and Middle (Atlanta) Districts of Georgia, U.S. Department of Justice (DOJ)

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Evan D. Wolff, Program Vice Chair Partner and Director, Homeland Security Practice, Hunton & Williams, Washington, DC Former Special Assistant to the Assistant Secretary for Infrastructure Protection

Charles C.N. Kallenach General Counsel, Heartland Payment Sys-tems, Inc., Algonquin, IL Brian Kamoie (Invited) Senior Director for Preparedness Policy on the White House National Security Staff, Washington, DC Former Deputy Assistant Secretary for Preparedness and Response and Director of the Office of Policy, Strategic Planning & Communications at the U.S. Department of Health & Human Services (HHS)

Michael Kennedy Public Policy Counsel, Agricultural Retailers Association, Washington, DC Dr. Richard J. Kessler (Invited) Staff Director, Committee on Homeland Security and Governmental Affairs, U.S. Senate, Washington, DC Brad J. Kieserman Chief Counsel, Federal Emergency Management Agency (FEMA), Washington, DC K. Denise Rucker Krepp Principal, KDRKrepp and Associates, Washington, DC Dr. Amit Kumar Fellow for Homeland Security and Counterterrorism, Center for National Policy; Adjunct Associate Professor, Security Studies Program, Edmund A. Walsh School of Foreign Service, Georgetown University, Washington, DC The Honorable Cheryl A. LaFleur Comissioner, Federal Energy Regulatory Commission (FERC), Washington, DC Jason Leuck Director, Government & Regulatory Affairs, Lockheed Martin Corporation, Arlington, VA Dennis Lormel President, DML Associates, Washington, DC Former Chief Terrorist Financing Operations Section, Federal Bureau of Investigation (FBI), Washington, DC

John Lynch Director, CCIPS, U.S. Department of Justice (DOJ), Washington, DC Roger R. Martella, Jr. Partner, Sidley Austin LLP, Washington, DC Former General Counsel, United States Environmen-tal Protection Agency (EPA)

Elisa Massimino President and CEO, Human Rights First, Washington, DC James W. McCament Chief, Office of Legislative Affairs, U.S. Citizenship and Immigration Services, Washington, DC

Michael T. McCaul Chairman, House Committee on Homeland Security, Washington, DC Paul F. McHale President, Civil Support International LLC, Alexandria, VA Former Congressman and Assistant Secretary of Defense for Homeland Defense

Mariela Melero Assistant Director, Customer Service and Public Engagement Directorate, U.S. Citizenship and Immigration Services, Washington, DC Lynden Melmed Partner, Berry, Appleman & Lieden LLP, Washington, DC Former Chief Counsel of USCIS

Robert A. Mocny Director, Office of Biometric Identity Management (formerly US-VISIT Program) National Protection and Programs Direc-torate (NPPD), U.S. Department of Home-land Security (DHS) , Washington, DC John T. Morton Director, U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security (DHS), Washington, DC Royce B. Murray Director of Policy, National Immigration Justice Center, Washington, DC Secretary Janet Napolitano (Invited) U.S. Homeland Security Department, Washington, DC Dana B. Pashkoff Of Counsel, McKenna Long & Aldridge, Washington, DC Nelson Peacock Vice President, Cornerstone Government Affairs, Washington, DC Former Assistant Secretary of Legislative Affairs, U.S. Department of Homeland Security (DHS)

Philip J. Perry Partner, Latham & Watkins LLP, Washington, DC Former and Second General Counsel at U.S. Department of Homeland Security (DHS)

Mark E. Plotkin Partner, Covington & Burling LLP, Washington, DC Jonathan Poling Partner, Baker & McKenzie LLP, Washing-ton, DC Chip Poncy Former Director of Office of Strategic Policy, Terrorist Financing and Financial Crimes, U.S. Department of Treasury (DOT)

Secretary Tom Ridge Principal, Ridge Global LLC, Washington, DC Harvey Rishikof Chair, ABA Standing Committee on Law and National Security Advisory Committee, Washington, DC Former Professor, National Security Law National War College, National Defense University

Mark J. Robertson Principal, Robertson & Anderson, PLLC, Washington, DC Michael Robertson Consultant, Sanford, NC Former Division of Motor Vehicles (DMV) Commis-sioner of North Carolina Department of Transporta-tion (NCDOT)

Mark E. Rosen Deputy General Counsel, The CNA Corporation, Alexandria, VA Former Associate General Counsel for Science and Technology, U.S. Department of Homeland Security (DHS)

David S. Rubin Senior Vice President, Booz, Allen & Hamilton, Inc., Washington, DC John Sandweg Acting General Counsel, U.S. Department of Homeland Security (DHS), Washington, DC Chris Schmidt Senior Advisor to the Deputy Administrator, Transportation Security Administration (TSA), Washington, DC Timothy Scott CPP, CSO & Global Director, Emergency Services & Security, The Dow Chemical Company, Freeport, TX Ted Sobel Director, Office of State-Issued ID Support, Office of Policy and Screening Coordination, Washington, DC Linda E. Solomon Principal, Deloitte Consulting LLP, Washington, DC Suzanne E. Spaulding Acting Under Secretary for the National Pro-tection and Programs Directorate (NPPD) U.S. Department of Homeland Security (DHS), Washington, DC Paul Stockton U.S. Department of Defense, Washington, DC Former Assistant Secretary of Defense for Homeland Defense and America’s Security Affairs

Mark J. Sullivan Former Director, United States Secret Service, Washington, DC

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Program Faculty

Chad C. Sweet Co-Founder and Managing Principal, The Chertoff Group, Washington, DC Former Chief of Staff, U.S. Department of Homeland Security (DHS)

Jeffrey A. Taylor Vice President & General Counsel, Raytheon Company - Integrated Defense Systems, Tewksbury, MA Mardi Ruth Thompson Deputy Chief Counsel for Regulations & Security Standards, U.S. Transportation Security Administration (TSA), Arlington, VA

The Honorable Jim Turner

Partner, Arnold & Porter, LLP, Washington, DC Former Congressman, U.S. House of Representa-tives, Texas 2nd District

Malcolm Tuesley Counsel, Skadden Arps, Washington, DC

C. Stewart Verdery Jr. Partner and Founder, Monument Policy Group, Washington, DC Stephen I. Vladeck Professor of Law and Associate Dean for Scholarship, American University Washing-ton College of Law, Washington, DC Joel A. Webber Attorney, Of Counsel, Couri & Couri, Chicago, IL Benjamin Wittes Senior Fellow and Research Director in Public Law, The Brookings Institution, Washington, DC Carl M. Wagner Associate Deputy General Counsel to the Assistant Secretary of Defense Homeland Defense & Americas’ Security Affairs, U.S. Department of Defense (DOD), Washington, DC

Kenneth L. Wainstein Partner, Cadwalader, Wickersham & Taft LLP Washington, DC Former Assistant to the President (43rd) for Homeland Security and Counterterrorism

Adam J. White Counsel, Boyden Gray & Associates PLLC, Washington, DC Thomas Winkowski

Acting Commissioner, U.S. Customs and Border Protection (CBP), Washing-ton, DC David Wulf Director, Infrastructure Security Compliance Division (ISCD), Office of Infrastructure Protection, U.S. Department of Homeland Security (DHS), Washington, DC

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Program Faculty

Meeting Location

Capital Hilton Hotel Address: 1001 16th Street NW, Washington, DC 20036. T: 202-393-1000. Walking directions to Capital Hilton from: Farragut North Metro Station (Red Line) Exit the station and go east two blocks on K Street to 16th Street. Capital Hilton will be on the northeast corner of 16th and K Streets. Farragut West Metro Station (Orange & Blue Lines) Exit the station and go east two blocks on I Street to 16th Street. Go north one block on 16th Street. Capital Hilton will be on the northeast corner of 16th andK Streets. McPherson Square Metro Station (Orange & Blue Lines) Take the White House exit and go two blocks east on I Street to 16th. Go north one block on 16th Street. Capital Hilton will be on the northeast corner of 16th and K Streets. Download a PDF of the metro map for further details. For driving directions or more information about the hotel, visit the Travel Information section of the meeting website or the Capital Hilton’s website. Parking: Parking is valet only at a rate of $44 per day. See the hotel's travel website for further details. We apologize but we cannot validate parking.

Capital Hilton Hotel Block

The Capital Hilton has reserved a small block of rooms for the nights of Wednesday, June 19th (11 rooms) and Thursday, June 20th (31 rooms) at a rate of $318 per night plus taxes (DC is currently 14.5%). Reservations must be made no later than May 31st at 5:00 pm EST by calling the Hilton at 202-393-1000 and asking for the “ABA Administrative Law & Regulatory Practice 8th Annual Homeland Security Law Institute” group rate. Check in time is 3:00 pm and check out time is 12:00 pm. Room cancellations must be made at least 72 hours prior to arrival to avoid a one-night cancellation charge. Contact the hotel directly for any special needs or accommodations during your stay.

Meeting Registration

Register online or complete the registration form on the last page of this brochure. Advance registration is available until June 19, 2013. On-site registration will be available unless maximum capacity is reached. A credit card or check is required for on-site in-person registration. Cancellations will be accepted without charge until May 20, 2013. No refunds are possible after that date - substitutions only. Email [email protected] or fax request to 202-662-1529. Scholarships are available for meeting registration. Contact [email protected] or 202-662-1690 to request a scholarship. Decisions are based upon individual circumstances.

Continuing Legal Education (CLE)

13 Hours of CLE Credit have been requested, but can not be guaranteed. Contact your state or local MCLE board to verify requirements. All CLE materials will be distributed on a flash drive at registration. Please contact [email protected] by June 14, 2013 if your local MCLE board/state requires a hard copy of materials. ABA programs ordinarily receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, GA, GU, HI, IA, ID, IL, IN, KS, KY, LA, ME, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, RI, SC, TN, TX, UT, VT, VA, VI, WA, WI, WV, and WY. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 13 CLE credit hours in 60-minute-hour states, and 15.6 credit hours in 50-minute-hour states. This tran-sitional program is approved for both newly admitted and experienced attorneys in NY. For more information about CLE accreditation in your state, visit http://www.americanbar.org/publications_cle/mandatory_cle.html, or check with your state agency for confirmation of this program’s approval. Attorneys seeking to obtain MCLE credit in Pennsylvania are required to pay state accreditation fees directly to that state. Certificates of attendance will be available at the conclu-sion of the program. In order to receive CLE credit, all attorneys will be required to sign in on the sign-in sheets and obtain a Uniform Certificate of Attendance. Registration fees must be paid in full before registrants can receive credit. You may contact Alisha Dixon at 202/662-1528 two weeks prior to the conference for confirmation of the number of CLE credit hours requested by the ABA.

Special Needs?

Please contact Anne Kiefer at 202-662-1690 or [email protected] to request accommodation for any special needs (persons with disabilities,

dietary requirements, etc.) no later than June 1, 2013.

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10:00 am – 10:15 AM Break

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Program Agenda

Wednesday ● June 19, 2013 Pre-Program at Greenberg Traurig LLP

9:30 am – 11:30 am Careers in Homeland Security Valerie E. Caproni (Moderator), Mark E. Rosen, David S. Rubin, Linda E. Solomon

11:30 am – 12:00 pm Break (Beverages/Dessert Tray)

12:00 pm – 2:00 pm Homeland Security Law & Policy 101 K. Denise Rucker Krepp, James W. McCament, Evan D. Wolff

6:00 pm – 8:00 pm Faculty Reception

Thursday ● June 20, 2013

7:30 am – 8:45 am Continental Breakfast & Registration

8:45 am – 9:00 am Welcome & Introductions

9:00 am – 9:30 am An Overview of the U.S. National Security Division and What to Expect in 2013 John P. Carlin Acting Assistant Attorney General for National Security, U.S. Department of Justice (DOJ)

The National Security Division (NSD) was created in March 2006 by the USA PATRIOT Reauthori-zation and Improvement Act with a mission to combat terrorism and other threats to national securi-ty. This panel will review NSD history and past achievements before looking ahead to the future and what is to come in 2013.

CLE CREDIT

9:30 am– 10:00 am Our Nation’s Security: A Perspective from the House Committee on Homeland Security

Congressman Michael T. McCaul Chairman, House Committee on Homeland Security, Washington, DC The House Committee on Homeland Security was established in 2002 to provide Congressional oversight for the U.S. Department of Homeland Security (DHS). Chairman Michael T. McCaul, who joined the Committee in 2005, will review recent legislation and discuss current priorities of the Committee in addressing our nation’s security.

CLE CREDIT

NON CLE

NON CLE

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11:15 am - 12:15 pm Export Control Timothy Bumann (Moderator) Sandra L. Cross, Jeanette L. Chu, Carol Fuchs, Jonathan Poling

Since 9/11, the United States Government has increasingly aggressively regulated the export of technologies, services and commodities, and software that have commercial, defense, terrorism and other applications. In this enforcement environment, exporters must develop effective compliance programs to avoid severe civil and criminal penalties and the denial of export privileges. This panel will look at the alphabet soup of federal agencies at State, Commerce, Defense, DHS and DOJ that enforce U.S. export laws and regulations.

11:15 am – 12:15 pm Homeland Defense & Civil Support: Domestic Military Roles and Responsibilities Paul F. McHale (Moderator), Brad Kieserman, Chris Rofrano, Paul Stockton, Carl Wagner

This panel will focus on the constitutional, statutory and administrative framework authorizing and limiting domestic military operations. Panel members will review:

the scope of presidential authority as Commander in Chief;

the constraints placed upon the domestic use of military capabilities;

the impact of the Posse Comitatus Act;

permissible missions when executing Defense Support of Civil Authorities (DSCA); and

DOD's supporting role under the Homeland Security Act of 2002. Particular emphasis will be placed upon the statutorily defined missions of the National Guard, as well as the lead interagency role of DHS (FEMA) when providing federal disaster response under the Stafford Act.

10:15 am – 11:15 am Homeland Security: Regulatory & Legislative Developments 2013 Elizabeth L. Branch (Moderator) Seth Grossman, Dr. Richard J. Kessler (Invited), Nelson Peacock This panel will provide an overview of significant regulatory initiatives of DHS in 2013. Panel mem-bers will also provide a summary of the status of significant homeland security legislation in the 113th Congress.

CLE CREDIT

11:15 am – 12:15 pm Transportation and Supply Chain Security Joel A. Webber (Moderator), Stephen Heifetz, Kelly Suzanne Herman, Adam Isles, Mardi Ruth Thompson Recent years have witnessed an increasingly more “regulatory” approach at TSA and CBP. Budget pressures leave these agencies with less, and will likely force businesses to do more. Will this lead to clear enforcement guidelines and other attributes of longstanding regulatory programs? The last 12 months have seen changes in the rules and in new initiatives in supply chain data and “trusted” operator status. The President cited cyber risks facing this sector in his State of the Union address (“air traffic control systems”), after issuing an Executive Order that simultaneously calls for voluntary action, points to future regulation, and instructs the National Institute of Standards and Technology to create cyber security standards for all critical infrastructures.

CLE CREDIT

CLE CREDIT

CLE CREDIT

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3:00 pm—3:15 pm Break

2:00 pm – 3:00 pm Terrorism, Technology, and Travel – How To Measure the Success of DHS in Enforcing Immigration Laws in an Era of Tight Budgets and Increasing Mobility C. Stewart Verdery Jr. (Moderator) Roger Dow, Robert A. Mocny, Chris Schmidt, Thomas Winkowski DHS and other border agencies have accelerated implementation of trusted traveler and other risk-

based screening programs to facilitate travel and save manpower costs. This panel will examine how successful DHS has been in harnessing the power of biometrics and other technology to

increase secure travel to and within the United States.

CLE CREDIT

2:00 pm – 3:00 pm Infrastructure Protection Regulations: CFATS and Beyond

Evan D. Wolff (Moderator), Michael Kennedy, Timothy Scott, David Wulf DHS and industry have been very active with the CFATS and Ammonium Nitrate regulations. The-se activities have included a proposed new CFATS personnel surety program and ammonium ni-trate proposed rulemaking. This panel will discuss these significant developments as well as what DHS has dubbed a “2.0 Rulemaking” to address issues and problematic areas that DHS has en-countered over the past five years, including, for example, the pace of site security plan review and approvals and CFATS Appendix A issues.

CLE CREDIT

2:00 pm – 3:00 pm Law Enforcement Agenda 2013 Jayson (Jay) P. Ahern (Moderator), John T. Morton, Mark J. Sullivan, Thomas Winkowski

From enforcing our immigration laws and border security to protecting our maritime environment, DHS’ law enforcement mission is one of the most important within the Department. Faced with re-cent sequestration, budget uncertainty for the near future, and the possibility for immigration reform, our panel of experts will share their insights on how these events impact the department and what lessons can be learned moving forward. Panelists will address ATA claims from a defendants’ per-spective, as well as all of the cases and related issues from perspectives by a former government official, a law professor and an advocate.

CLE CREDIT

1:45 pm – 2:00 pm Break

12:45 pm – 1:45 pm Hurricane Sandy – FEMA’s Response & Legislative Reform of FEMA Ernest B. Abbott (Moderator) Charley English, Brian Kamoie (Invited), Brad Kieserman Hurricane Sandy caused widespread devastation along the Eastern Coast, particularly in New York and New Jersey. Subways and tunnels were flooded, millions of people and organizations lost electric power, thousands of homes and businesses were destroyed. This panel will discuss:

the special challenges state, local and federal responders faced in responding to the disaster;

describe Congress’ response to hurricane Sandy: some $60 billion in Supplemental Appropriations and major reform of the Stafford Act under which FEMA provides federal disaster

CLE CREDIT

12:15 pm – 12:45 pm Lunch

5:15 pm Cocktail Reception – Attendees & Faculty

3:15 pm – 4:15 pm Cyber Security for the Private Sector: What Companies and Their Lawyers Need to Know

Gus P. Coldebella (Moderator), John Geschke, Charles C.N. Kallenbach, John Lynch Too often, discussions of cyber security concentrate on the macro (i.e., what the government is or isn’t doing) or the micro (i.e., technical solutions to cyber threats). Our panel experts recognize that, for the private sector General Counsel (GC) and outside lawyers who advise them, cyber security is—or should be—a director and officer-level issue, like any other that potentially puts the compa-ny’s “crown jewels” (intellectual property, customer relationships, reputation in the marketplace) on the line. This panel will explore real-life practical ways for the private sector GC’s and their outside counsel to think about cyber issues in an increasingly threatening environment. The panel will ad-dress:

the role of lawyers in cyber breach investigations;

complying with the SEC’s guidance on cyber security;

the new cyber Executive Order and what it means for companies;

the Directors’ role in oversight; and

the evolving “standard of care” for cyber security.

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3:15 pm – 4:15 pm Trends in Foreign Corrupt Practices Act (FCPA) and Anti-Bribery Enforcement Kenneth L. Wainstein (Moderator), Bret A. Campbell, Jeffrey A. Taylor, Joe D. Whitley The panel will discuss the challenges for U.S. companies that operate in areas with a high FCPA

risk. The panel will examine:

the enforcement trends on the part of the DOJ, the SEC and foreign enforcement entities;

discuss various strategies for building a compliance program that will protect against FCPA risk in overseas operations; and

share experiences operating in various regions and perspectives on best practices for FCPA compliance.

4:15 pm – 5:15 pm A Look at The National Protection Programs Directorate (NPPD) and What to Expect in 2013

Suzanne E. Spaulding Acting Under Secretary for the National Protection and Programs Directorate (NPPD) The National Programs and Protection Directorate (NPPD) leads the national effort to protect and enhance the resilience of the nation’s physical and cyber infrastructure. This panel will address cur-rent security challenges and how NPPD is working to promote its mission.

CLE CREDIT

3:15 pm – 4:15 pm Innovations and Challenges in Immigration Benefits Adjudication: Legislation, Policy and Operations

Jill Family (Moderator), James W. McCament, Mariela Melero, Lynden Melmed, Royce B.

Murray, Denise A. Vanison (Invited)

United States Citizenship and Immigration Services, a part of the Department of Homeland Security, adjudicates millions of applications for immigration benefits each year. Immigration law is notorious-ly complex. USCIS applies dense and intricate law every day to decide fundamental questions about where and with whom foreign nationals will live and work. Also, it does so in an atmosphere where proposals for reforming the law are almost constant. This panel will address the challenges facing USCIS as well as discuss recent notable innovations in performing its mission.

CLE CREDIT

CLE CREDIT

CLE CREDIT

10:30 am - 10:45 am Break

Friday ● June 21, 2013

7:30 am – 8:30 am Continental Breakfast & Registration

8:30 am – 9:30 am DHS - 10 Years and Beyond Chad C. Sweet (Moderator) Secretary Janet Napolitano (Invited), Secretary Michael Chertoff, Secretary Tom Ridge The Department of Homeland Security (DHS) combined twenty-two federal entities into one cabinet agency when it was formed in 2002, its mission to secure the nation. Now over ten years later, DHS is the third largest Cabinet department and its duties are greatly varied. This panel will discuss DHS history and look ahead to the future and its continued role in protecting the nation against threats.

9:30 am – 10:30 am SAFETY Act Mark J. Robertson (Moderator) Jennifer Arangio, Bruce Davidson, Brian E. Finch, Jason Leuck, Dana B. Pashkoff

The SAFETY Act program is in its tenth year, and the Department of Homeland Security has a substantial record of program performance to evaluate. While the core legal interpretations of the SAFETY Act’s provisions remain intact, the Department’s record in administering the program suggests room for improvement remains. Members of Congress and DHS leaders have observed that there is much more opportunity to take advantage of this important law. Although DHS has instituted certain process improvements, more can and should be done to improve implementation of the SAFETY Act, especially in light of evolving security threats. The panel will review the record of the SAFETY Act program to date and address potential means for maximizing utilization of the SAFETY Act in keeping with the legislation’s purpose.

9:30 am – 10:30 am America’s Power Grid - Reliability and Regulation Adam J. White (Moderator) Hon. Cheryl A. LaFleur, Patricia A. Hoffman, Roger R. Martella, Jr. The power grid is a central component of homeland security. But its reliable operation poses many

technological and regulatory challenges. Looking ahead at the next decade, the nation's electric reliability organization recently concluded, in its latest annual "long-term reliability assessment," that "emerging reliability challenges will drive a transformational change" in our power supply, resulting in greater "reliance on natural gas and renewable generation, a need for enhanced modeling, a new risk and probabilistic framework built to address reliability challenges, and growing critical

infrastructure and protection concerns—both physical and cyber." This panel, featuring current and former government officials largely responsible for helping manag-

ing these transitions, will consider the legal, policy and technical challenges we face today, and what we need to prepare for next.

9:30 am – 10:30 am Protecting Our Nation’s Cyber Critical Infrastructure Harvey Rishikof (Moderator) Leonard Bailey, Stewart A. Baker, Steven R. Chabinsky, Evan D. Wolff The Administration has recently issued an Executive Order on Cybersecurity and Presidential Decision Directive 21. This is a clear indication of the Administration’s focus on the critical infrastructure and the need to organize the public sector and approach the private sector in order to define appropriate means to share information. The panel will explore these issues and the experts will comment on the solutions and problems as they attempt to secure our critical infrastructure.

CLE CREDIT

CLE CREDIT

CLE CREDIT

CLE CREDIT

14

11:45 am – 12:30 pm Lunch

CLE CREDIT

CLE CREDIT

CLE CREDIT

10:45 am – 11:45 am Government Contracting: Navigating the Acquisition Process at the Department of Homeland Security, Potential Pitfalls, Practical Pointers, and Lessons Learned in Doing Business with DHS David Z. Bodenheimer (Moderator) Elaine Duke, Brett Egusa, Cynthia Hyland

With homeland security needs spanning 22 agencies, the Department of Homeland Security (DHS) manages one of the largest and most diverse acquisition portfolios in the federal procurement arena. This panel of acquisition experts will discuss tackling the unique challenges of government contracting and will be addressing the practical lessons learned in navigating the DHS acquisition

10:45 am – 11:45 am Money Laundering: Terrorist Financing Dr. Amit Kumar (Moderator) Theodore S. Greenberg, Dennis Lormel, Chip Poncy

The United States was shaken by the terrorist attacks of September 11, 2001 that led to the passage of the Anti-Money Laundering/Countering the Financing of Terrorism legislation, Title III of the USA Patriot Act. The U.S. Government has taken the threat to our national security seriously and has spearheaded the Financial Action Task Force (FATF) and the development and passage of much needed AML/CFT legislation in South Asian States. This panel will focus on the challenges with implementing such legislation in these states and drawing comparisons to the challenges, successes and effectiveness of AML/CFT legislation in the United States.

10:45 am – 11:45 am The Fabric of Identity Scott P. Boylan (Moderator) Matthew Hellman, Michael Robertson, Ted Sobel Our panel experts will explore the use of identification credentials and identity related data bases in homeland security applications such as: checkpoint screening, immigration, critical infrastructure access and others. The panel will discuss how the use is limited and controlled by laws and regulations, including the 4th Amendment and Privacy laws. Recent legislative activity in the area and Supreme Court decisions will be discussed and trends explained.

12:30 pm – 1:30 pm CFIUS in 2013 Jonathan G. Cedarbaum (Moderator) David Heyman, Malcolm Tuesley, Mark E. Plotkin The Committee on Foreign Investment in the United States (CFIUS) is authorized to review transac-tions that could result in control of a U.S. business by a foreign person in order to determine the ef-fect of such transactions on national security. This panel will discuss recent reforms to the Commit-tee and its continued role in protecting the nation.

CLE CREDIT

CLE CREDIT

2:30 pm – 2:45 pm Break

1:30 pm – 2:30 pm The Office of DHS General Counsel (2003-2013) John Sandweg (Moderator) Ivan K. Fong, Gus P. Coldebella, Philip J. Perry, Joe D. Whitley

The DHS Office of General Counsel (OGC) is entering its second decade. This panel will explore the beginnings of the OGC and its growth to the present day in 2013. The four previous General Counsel’s will discuss their mission to provide legal advice and counsel to the Secretary of Homeland Security and the over 200,000 employees of this still new department.

CLE CREDIT

CLE CREDIT

15

16

3:45 pm – 4:00 pm Closing Remarks

CLE CREDIT

2:45 pm – 3:45 pm Kill or Capture? Drones, Trials, and Other Counter-terrorism Challenges for the Second Term Jim Turner (Moderator) Hon. John B. Bellinger III, Elisa Massimino, Stephen I. Vladeck, Benjamin Wittes This panel discussion will cover the use of drones both domestic and overseas in killing terrorists with particular emphasis on the killing of an American citizen. It will also focus on captured terrorists being brought back to the United States for trial in civilian court.

CLE CREDIT

8th Annual Homeland Security Law Institute June 20-21, 2013 | Capital Hilton | Washington DC

REGISTER NOW FOR THE LOWEST EARLY BIRD RATES!!!!!!

Location: Capital Hilton, 1001 16th Street NW, Washington, DC, 20036, (202) 393-1000. The hotel is located within blocks of 3 Metro Stations: Farragut North Metro Station (Red Line), Farragut West Metro Station (Blue & Orange Lines), and McPherson Square Metro Station (Blue & Orange Lines). Parking: Valet parking is available at the Capital Hilton at a rate of $44.00 per day. Sorry we can not validate parking. Registration: Register on this form. Credit cards or checks are required at the time of registration (training vouchers or EFT cannot be accepted). Receipt copies are emailed to the registrant when the registration is processed. Last day to register is June 19, 2013. After that date you may register on-site. THIS PROGRAM INCLUDES LUNCH. Make checks payable to the American Bar Association. Return this form by EMAIL: [email protected] OR FAX: 202.662.1529 OR MAIL: Alisha Dixon, ABA Section of Administrative Law, 1050 Connecticut Avenue NW, Suite 400, Washington, DC 20036. Cancellation: Cancellations accepted without charge until May 20, 2013. No refunds are possible after that date – substitutions only. E-mail [email protected] or Fax request to 202-662-1529.

Scholarships: Contact Anne Kiefer [email protected] or 202-662-1690 to request a registration Scholarship. Decisions are based upon individual circumstances.

CLE: 13 Hours of Professional Practice Credit Have Been Requested, but can not be guaranteed. Contact your state or local MCLE board to verify requirements. Special Needs: Please contact Angela Petro at 202-662-1582 or [email protected] to request accommodation for any special needs (meal requests, mobility, audio, etc.). Please respond no later than June 1, 2013.

Name:

ABA Member I.D. ________ Administrative Law Section Member? Yes____ No___

Email: ________ Phone: __________

Organization:

Address:

City, State, Zip: _________________

Qty. REGISTRATION TYPE EARLY BIRD RATES EXPIRE JUNE 5, 2013

REGULAR RATES

Careers in Homeland Security (6/19 Non-CLE Pre-Program Workshop at Greenberg Traurig LLP)

$0 $0

Homeland Security Law & Policy 101 (6/19 Non-CLE Pre-Program Workshop at Greenberg Traurig LLP)

$0 $0

Section Member Rate (2-Day CLE Program 6/20-21) *Includes members of all ABA Co-Sponsoring Entities

$325* $375

Government Attorney Rate (2-Day CLE Program 6/20-21) $325 $375 Non-Section Member Rate (2-Day CLE Program 6/20-21) $374 $424 Law Student Rate Per Day, Choose: ___Thurs, June 20 ___ Fri, June 21 $25 $25 TOTAL REGISTRATION FEES $ Qty. PUBLICATIONS Rates Homeland Security Deskbook (Coming Summer 2013 – Preorder Only) TBD The Law of Counterterrorism $39.95 Homeland Security: Legal and Policy Issues $39.95 PUBLICATIONS TAX: DC residents add 5.75%

IL residents add 9.25%

TOTAL PUBLICATIONS FEES: $ GRAND TOTAL: $

METHOD OF PAYMENT Check (payable to “American Bar Association”) VISA MasterCard AMEX Card Number: ______________________________________________ Exp. Date: _____________________________________________________ Signature: Name on card: ______________

Would you like to be a Member of the Section of Administrative Law & Regulatory Practice? Check here ___ to have the $60 Annual Dues added to this invoice (must already be an ABA member).