Section of Administrative Law and Regulatory Practice

January 20, 2006

Location: L'Enfant Plaza Hotel, Washington, DC

Co-sponsored by the ABA Standing Committee on Law and National Security, ABA Criminal Justice Section, ABA Health Law Section, ABA Government and Public Sector Lawyers Division, ABA Section of Individual Rights and Responsibilities, and the ABA State and Local Government Section

Homeland Security Law from 9/11 to Katrina and Beyond

This one-day informative program provides a comprehensive look at some of the most critical issues and initiatives being undertaken as part of the nation's Homeland Security agenda. Whether your background is procurement and public contract law, communications law, health law, administrative law, or general practice, this program provides nuts and bolts information and answers. Interact with high-level current and former officials within the Department of Homeland Security, as well as those working in concert with the Department on a range of issues.

Sessions Include:

"Homeland Security 101"

Homeland security impacts virtually every aspect of legal practice. Whether federal regulations that help keep America's ports secure or measures intended to protect the sensitivity of critical infrastructure information, homeland security cuts across the legal landscape. As such, the Department of Homeland Security is largely responsible for promulgating homeland security regulations. This expert panel will explore some of the Department's key legal authorities and regulations, as well as address related themes including procurement, international trade, and presidential policy directives. This panel will discuss:

• How Did We Get Here? - A Very Brief History of Homeland Security and DHS
• Homeland Security Presidential Directives - The Role of Presidential Policy
• Homeland Security, Trade, and Investment
• Procurement - Procurement Considerations and Challenges at DHS
• Regulation - Regulatory Development, Implementation, and Enforcement at DHS

Panelists:
Elizabeth L. Branch, Special Assistant to the Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget
Thomas E. Crocker, Partner, Alston & Bird, LLP
Emily Frye, Director, Critical Infrastructure Protection Practice, SRA-Touchstone International
Hugo Teufel, Associate General Counsel for General Law, Department of Homeland Security
Steven E. Roberts, Homeland Security Author and Researcher
Mark J. Robertson, Associate General Counsel for Science and Technology, Department of Homeland Security

Moderator:
Jason Klitenic, Partner, McKenna, Long, & Aldridge and Former Deputy General Counsel, Department of Homeland Security

Emergency Management and Federalism

This panel will explore the issues raised by Katrina, which will likely arise again in planning for the response to the much expected onset of pandemic flu or a terrorist attack. The panel will also deal with the policy and legal subtleties of using the active military as a primary emergency responder, as well as the December 2004 Department of Homeland Security (DHS) National Response Plan (NRP). The Bush Administration now views the NRP as the essential organizing document governing both federal and state responses to major catastrophes. The panel will discuss the legal significance of the NRP and how its effective use might reduce legal and policy tensions between the federal government and the states concerning catastrophic response.

Panelists:
Dr. Christa-Marie Singleton, Chief Medical Director, Office of Public Health Preparedness and Response, City of Baltimore (Invited)
Ernie Abbott, Principal, Ernie Abbott and Associates and Former FEMA General Counsel
James Gerkis, Partner, Proskauer Rose LLP
Nolan Jones, Deputy Director of Homeland Security and Criminal Justice, Office of Federal Relations, National Governors Association
Michael Wermuth, Director of Homeland Security, Rand Corporation

Moderator:
Professor Michael I. Greenberger, Director, Center for Health and Homeland Security, University of Maryland Law School

Luncheon Keynote Speaker:
The Honorable Frank Keating, Former Governor, State of Oklahoma

Introduction by Lynne K. Zusman, Lynne K. Zusman & Associates, Inc., Conference Co-Chair

Critical Infrastructure Protection

DHS, several other federal agencies and some 17 sectors of the economy have been grappling with how to mutually assure that these sectors are protected from and resilient in the event of a terrorist attack, in a context where DHS, at least, has little regulatory authority. This challenge raises a host of novel and difficult administrative law issues: How should the process be governed? How can we assure public oversight of a process that must largely be closed to the public to be effective? How can the government gather enough information to do its job, given the sheer magnitude of the task and confidentiality concerns? This expert panel will share their perspectives on these and related questions.

Panelists:
Thomas Connelly, Vice-Chancellor, Archdiocese for the Military Services and Former DHS Associate General Counsel for IAIP
John A. McCarthy, Executive Director, Critical Infrastructure Protection Project, National Center for Technology & Law, George Mason Univ. School of Law
Thomas DiLenge, Deputy General Counsel, Biotechnology Industry Organization, former Chief Counsel/Policy Director, House Committee on Homeland Security
John Hardin Young, Executive Vice President for External Affairs and General Counsel, Secorix, and of Counsel, Sandler, Reiff & Young

Moderator:
James W. Conrad, Jr., Assistant General Counsel, American Chemistry Council

Information Protection

The landscape of public disclosure and personal privacy will never be the same, as homeland security issues have impacted banks, businesses, credit, human resources and education. This panel addresses the substantial impact that new DHS information policies will have on the private sector and on other governmental entities. Experts with deep historical awareness and hands-on familiarity will guide the audience through the new challenges of information, its flows and its uses.

Panelists:
Daniel J. Metcalfe, Director, Office of Information and Privacy, U.S. Department of Justice
Nuala O'Connor-Kelly, Privacy Officer, General Electric Co.
Thomas Susman, Partner, Ropes & Gray LLP
David Vladeck, Professor, Georgetown University Law Center
Paul Rosenzweig, Counselor, Policy Directorate, Department of Homeland Security

Moderator:
James O'Reilly, Professor, University of Cincinnati College of Law

Concluding Remarks

Joe D. Whitley, Partner, Alston & Bird LLP and Former General Counsel to the Department of Homeland Security, Conference Co-Chair
Lynne K. Zusman, Lynne K. Zusman & Associates, Inc., Conference Co-Chair

After January 17 please register on-site.

Complete Brochure including Agenda (PDF File)

Online Registration Form

Printable/Faxable Registration Form ( PDF File)

Hotel Reservation Information
The L'Enfant Plaza Hotel is located at 480 L'Enfant Plaza, SW, Washington, DC.
The hotel is offering a special rate of $189 plus tax. To reserve a room call the hotel at (202) 484-1000 and ask for the American Bar Association rate.
The program begins at 8:00am with continental breakfast and ends at 5:00pm.

CLE Information: CLE credit will be applied for in all States.

Questions? Contact the ABA Administrative Law Section at knightk@staff.abanet.org or (202) 662-1528.