13th annual homeland security law institute

13th Annual Homeland Security Law Institute

May 31, 2019Ritz-Carlton, Pentagon CityArlington, VA

8.o Hours of General CLE to be Requested

Co-Sponsored by the ABA Standing Committee on Law and National Security

Senior Lawyers DivisionInfrastructure and Regulated Industries Section

Section of Intellectual Property LawSection of International Law

Section of Administrative Law & Regulatory Practice

Program Co-Chairs:Joe Whitley

Anne Bechdolt

Program Vice-Chairs:Stevan Bunnell

Jonathan Meyer

Presiding


Schedule at a glance7:00 AM - 8:00 AM Refreshments and Registration

8:00 AM - 8:30 AMNon-CLE

Opening of Program and Keynote Speaker, John M. Mitnick, General Counsel, U.S. Department of Homeland Security

8:30 AM - 9:30 AM1 Hour CLE

DHS Current Legal Issues: A Panel Discussion with Senior Attorneys from HQ, CISA, ICE, TSA, USCIS

9:35 AM - 10:35 AM1 Hour CLE

Homeland Security Legislative & Regulatory Outlook 2018-2019

10:35 AM - 10:50 AM Break & Refreshments

10:50 AM - 11:50 AM1 Hour CLE

Cybersecurity Information Sharing – Progress and Challenges

11:55 AM - 12:55 PM1 Hour CLE

Committee on Foreign Investments in the United States (CFIUS): Changes and Forecasts

12:55 PM - 1:10 PM Break & Refreshments

1:10 PM - 2:10 PM1 Hour CLE

State & Local Responders Working with FEMA


Protecting Critical Infrastructure



Customs & Cross-Border Control Issues


Maintaining Secure Skies: What’s Next for Drone Integration?


Gold Sponsors

Silver Sponsor


7:00 AM - 8:00 AM Refreshments and Registration

8:00 AM - 8:30 AMNon-CLE

Opening of Program and Introductions Joe D. Whitley

Keynote SpeakerJohn M. Mitnick, General Counsel, U.S. Department of Homeland Security

8:30 AM - 9:30 AM1 Hour CLE

DHS Current Legal Issues: A Panel Discussion with Senior Attorneys from HQ, CISA, ICE, TSA, USCIS

This panel will present an overview of the significant legal matters facing DHS and its components, including its implementation of mandates set forth in the Cybersecurity and Infrastructure Security Agency Act of 2018, and FAA Reauthorization Act of 2018.

Moderator: John M. Mitnick, General Counsel, U.S. Department of Homeland Security

Mike Davis, Executive Deputy Principal Legal Advisor, U.S. Immigration and Customs Enforcement (ICE)

George Fishman, Deputy General Counsel U.S. Department of Homeland Security

John Havranek, Associate General Counsel, Operations and Enforcement Law Division

Francine Kerner, Chief Counsel, Transportation Security Administration (TSA)

Dan Sutherland, Chief Counsel, Cybersecurity and Infrastructure Security Agency (CISA)

9:35 AM - 10:35 AM1 Hour CLE

Homeland Security Legislative & Regulatory Outlook 2018-2019

This panel will focus on recent, current and upcoming legislative and regulatory activity in the homeland security sphere. Topics include Congressional activity on border security and immigration, DHS reauthorization, and Congressional oversight. On the regulatory side, we’ll explore what’s in the offing, including H-1B reform, EB-5 reform, disaster assistance, information security and other topics.

Moderator: Jonathan E. Meyer, Partner, Sheppard Mullin

Dominic J. Mancini, Deputy Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget

James W. McCament, Deputy Under Secretary, Office of Strategy, Policy and Plans, U.S. Department of Homeland Security

Christina E. McDonald, Associate General Counsel for Regulatory Affairs, Office of the General Counsel, U.S. Department of Homeland Security

Alexa Noruk, Director for Homeland Security, Minority Staff, Senate Homeland Security and Governmental Affairs Committee

10:35 AM - 10:50 AM Break & Refreshments

10:50 AM - 11:50 AM1 Hour CLE

Cybersecurity Information Sharing – Progress and Challenges

This panel will discuss the latest developments under the CISA from both the private sector and government perspectives. What legal and technical challenges have arisen? Is the infor-mation required by government and companies to ensure ap-propriate responses to evolving cyber threats available? The experts will highlight the progress under this important cyber-security legislation and provide insights on what additional steps are needed to increase participation and facilitate cyber information sharing across federal agencies and the private sector.

Moderator: Lucy L. Thomson, Founding Principal at Livingston PLLC; Law and Technology

Dr. Phyllis A. Schneck, Managing Director and Global Leader of Cyber Solutions, Promontory Financial Group

Gabriel Taran, Assistant General Counsel for Cybersecurity, U.S. Department of Homeland

Professor David Turetsky, University at Albany-SUNY

11:55 AM - 12:55 PM1 Hour CLE

Committee on Foreign Investments in the United States (CFIUS): Changes and Forecasts

On August 13, 2018, President Trump enacted into law, for the first time in over a decade, amendments to the core statutory authority of Committee on Foreign Investment in the United States (CFIUS); namely, The Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”). CFIUS reviews the national security implications of investments in U.S. businesses by foreign persons, including China and Russian. This panel will discuss issues including, the new legislation, the pilot program, emerging technology, protecting privately-owned critical infrastructure from foreign investment risks, risk mitigation agreements and ongoing compliance issues, as well as the Committee’s role in balancing the United States’ policy of open investment with realities of evolving national security threats.

Moderator: Michael Kennedy, Principal Attorney, Kennedy Law and Policy

Hayley Chang, Deputy General Counsel, U.S. Department of Homeland Security

Nova Daly, Senior Public Policy Advisor, Wiley Rein

Robert S. Litt, Counsel, Morrison & Foerster

Malcolm J. Tuesley, Senior Counsel, Simpson Thatcher



State & Local Responders Working with FEMA

The panel will discuss the regulatory implications of the two greatest disaster years since creation of FEMA and perhaps since the Civil War: The 2017 and 2018 were extraordinary in their breadth of devastation including but not limited to Hurricanes Irma and Michael in Florida, Harvey in Texas and particularly in Houston, Hurricane Maria in Puerto RIco, and the heretofore unimaginable 2017 and 2018 California wildfires. The panel will also discuss the Enactment of the Disaster Recovery Reform Act and share their observations on impact of shutdown of the portions of FEMA not funded by the Disaster Relief fund.

Moderator: Ernest B. Abbott, former FEMA General Counsel; Co-Leader of Disaster Recovery and Government Services Team, Baker Donelson

Greg Forrester, President & CEO, National Voluntary Organizations Active in Disaster

Omar J. Marrero, Executive Director of the Puerto Rico Public-Private Partnerships Authority, the Puerto Rico Ports Authority, the Puerto Rico Convention Center District Authority, and Director of the Central Office of Recovery and Reconstruction (COR3)

Jotham Allen, Deputy Associate Chief Counsel for Response and Recovery, FEMA

2:15 PM - 3:15 PMI Hour CLE

Protecting Critical Infrastructure

This panel composed of key DHS personnel and private sector experts will examine two significant regulatory programs that are critical to the protection of America’s infrastructure. First, the panel will examine the liability protections available to private sector businesses under the Support Ant-Terrorism by Fostering Effective Technologies Act (SAFETY Act) passed by Congress as part of the Homeland Security Act.

The panel will discuss the risk and litigation management system created by the regulations implemented pursuant to the SAFETY Act. Second, the panel will discuss the status of the Chemical Facility Anti-Terrorism Standards (CFATS) under the leadership of DHS. Pursuant to a page and a half of statutory language DHS developed regulations to provide for greater security for certain chemical facilities under risk based standards. Funding for the CFATS program was recently reauthorized. The panel will discuss the growth and development of CFATS over the last decade. Lastly all of the panelists will be asked to consider whether these two programs (SAFETY Act and CFATS) provide some guidance and cautionary tales for the most preferred way to protect America’s critical infrastructure in the future.

Moderator: Joe D. Whitley, Baker Donelson

Akmal Ali, Principal, Catalyst Partners

Bruce Davidson, Director, Office of SAFETY Act Implementation at US Department of Homeland Security

Robert Helminiak, Vice President of Legal and Government Relations, Society of Chemical Manufacturers & Affiliates (SOCMA)

Nicole Marcson, Deputy Associate General Counsel of Technology Programs, U.S. Department of Homeland Security

David Wulf, Director, Infrastructure Security Compliance Division (ISCD) U.S. Department of Homeland Security



Customs & Cross-Border Control Issues

The panel will explore emerging challenges in the customs and cross border control area, including risks and benefits presented by new technologies, the changing landscape of global trade, and recent developments involving CBP policies and enforcement actions.

Moderator: Joseph B. Maher, Principal Deputy General Counsel, U.S. Department of Homeland Security

Cindy Allen, Vice President of Regulatory Compliance, FedEx Logistics

Scott K. Falk, Chief Counsel, U.S. Customs & Border Protection (CBP) (invited)

Fatema Merchant, Partner - Government Contracts, Investigations & International Trade Practice, Sheppard Mullin


Maintaining Secure Skies: What’s Next for Drone Integration?

Drones have proven to be a valuable resource in responding to natural disasters, inspecting critical infrastructure, and sup-porting agricultural operations, etc. Further integration efforts have been delayed, however, due to growing security concerns, as evidenced by recent events near London’s Heathrow and Gatwick airports. This panel will explore the current security challenges and next steps required from both a regulatory and technology development perspective.

Moderator: Anne Bechdolt, Senior Counsel, FedEx Corporation

Lisa Ellman, Partner and Chair of Global UAS practice and Executive Director of the Commercial Drone Alliance, Hogan Lovells

Lt. Col. Kelli Hooke, Team Chief, Contract and Fiscal Law Division, U.S. Army Judge Advocate General

Ken Stewart, CEO of AiRXOS, a part of GE Aviation

Angela Stubblefield, FAA Deputy Associate Administrator for Security & HAZMAT Safety

5:30 PM Conference Adjourns

13th Annual Homeland Security Law Institute | The Ritz-Carlton Pentagon CityArlington, VA May 31, 2019

Meeting ID: AL19021 Registration Form

Registration: Please complete ONE registration form per person. Send this form to Program Specialist, Rebecca Mobley via email to: [email protected] or mail to ABA Section of Administrative Law 1050 Connecticut Ave. Suite 400, Washington, DC 20036.

Online Registration: As an alternative to this form, Online Registration is available through CDS, which is the ABA’s trusted provider of online registrations for the ABA Annual and Mid Year Meetings. You may use this link to access the online portal to complete your registration and payment: https://www.xpressreg.net/eReg/?ShowCode=HSLI0519

In the interest of furthering the ABA’s creation, promotion and distribution of educational/informational materials (both now and in the future), I understand and agree that my registration and attendance at, or participation in, ABA meetings, programs and events (“Events”) constitutes an agreement by me to grant to ABA the right to record my image, photograph, picture, likeness, and voice by any technology or means. I also grant ABA the right to copy, use, perform, display and distribute such recordings of me for any legitimate purpose, including but not limited to distribution by means of streaming or other technologies via the Internet, or distribution of audio or video files for download by the public. I hereby waive any right to inspect, approve, or be compensated for use of any materials incorporating such images obtained during the Events. I release ABA and its agents, representatives and licensees from all liabilities arising out of any use of my likeness and d information as provided above. I understand and agree that any and all negatives, digital images, and recordings of my likeness, regardless of form, are and shall remain property of the ABA.

Conference Location: The Ritz-Carlton is located at the Fashion Centre at Pentagon City, 1250 S Hayes St, Arlington, VA 22202. The Hotel can be accessed via the Blue/Yellow lines at Pentagon City Station. For transportation and location details visit the Ritz-Carlton website. Sorry, we cannot validate parking.Hotel Information: The Ritz-Carlton will hold a room block at the rate of $267 - Deluxe Room (per night) which will apply to three days prior and three days after the meeting to attendees. To make a reservation, call the Hotel directly at 703-415-5000 and refer to the ABA Section of Administrative Law 13th Annual Homeland Security Law Institute or use this link: https://book.passkey.com/e/49908136 . To obtain the special Deluxe Room rate, reservations must be made BEFORE Tuesday April 30, 2019 5PM (CST).

CLE: The ABA reports attendance for attorneys licensed in: AL, DE, GA, HI, IN, KS, LA, ME, MS, MT, NC, NE, NM, NV, OH, OK, OR, PA, SC, TN, TX, UT, and WA. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 8.0 General CLE credit hours in 60-minute states, and 9.5 General CLE credit hours in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit https://www.americanbar.org/events-cle/mcle/ or contact Rebecca Mobley [email protected] or 202-662.1528.

All CLE materials will be posted online and a link to the materials will be emailed to attendees. Please contact [email protected] by April 30, 2019 if your local MCLE board/state requires a hard copy of materials.

Scholarships: A limited number of scholarships to partially defray tuition expenses are available for this program. To request a scholarship, send an e-mail to [email protected] explaining the reason for your scholarship request and provide your ABA Membership ID number. Scholarship requests must be received by the ABA no later than April 30, 2019. You will be notified of your scholarship status by May 17, 2019.

Cancellations: Cancellations accepted with cancellation fee ($25—$50 depending on rate). Substitutions are accepted without fee. Contact [email protected] or 202-662-1528.

Special Needs: If you have any special needs (equipment or dietary), please contact [email protected] or 202-662-1690 with your request no later than May 17, 2019

Registrant Name: ___________________________________________________________________________________________________

ABA Member I.D.: __________________________________________________________ Administrative Law Section Member? Yes_____ No_____

Air and Space Law Forum Member? Yes _____ No _____

Email: ____________________________________________________________________ Phone: _________________________________________

Organization: _______________________________________________________________________________________________________________

Address: ___________________________________________________________________________________________________________________

City, State, Zip: ______________________________________________________________________________________________________________

PAYMENT INFORMATION: VISA, AMEX, MC, Discover are accepted and processed by CDS Registration System.

Please Contact Program Specialist, Rebecca Mobley ([email protected] T:202-662-1528) or Section Director, Anne Kiefer ([email protected] T:202-662-1690) with registration payment questions.

Quantity Single Day Rate Total

ABA Administrative Law Section Members $236 ___________ABA Air and Space Law Forum Members $236 ___________ABA Members $255 ___________Government/Academia $236 ___________General Public $275 ___________Law Students $25 ___________Total $ _________

mailto:[email protected]

https://www.xpressreg.net/eReg/?ShowCode=HSLI0519

http://www.ritzcarlton.com/en/hotels/washington-dc/pentagon-city/hotel-overview/directions

https://book.passkey.com/e/49908136

https://www.americanbar.org/events-cle/mcle/






13th annual homeland security law institute

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