A New Course - About A New Agency - With New Missions, New Challenges and Opportunities

A comprehensive introduction to the Department of Homeland Security - essential information for those who would support the Department in either a public or commercial capacity.

The attack of September 11, 2001 has propelled one of the most comprehensive reorganizations in the history of the Federal Government. Comparable only to the establishment of the Department of Defense after World War II, the creation of the Department of Homeland Security represents a major change in the way the United States views national security, the roles of its civilian agencies, the need for change and flexibility, and the value of innovative partnering and sourcing.

For years the United States has relied upon the private sector for its commercial goods and services - nothing about 9/11 has changed that. What has changed is the necessity for the private sector to be ready to meet the new - and evolving - national security requirements of the Government, which will now be directed, except for military functions. by the Department of Homeland Security. The Department is a new organization that has absorbed other agencies and missions, has new authorities and special rules: from acquisition procedures and public-private partnering to tort liability, and personnel matters.

In short, those who understand the Department's missions, requirements, and special ground rules, will be those best positioned to anticipate its needs and play a major role in the national security market.

The seminar is intended to provide an immediate and comprehensive understanding of the newest, and one of the most important, Federal Agencies. It is designed both for those professionals who will work in concert with the Department and those whose contribution to its mission of national security are in the commercial sector. It focuses on the organization and mission of key directorates; the Department's relationships with state and local governments and other Federal Agencies, and its special authorities, needs and opportunities.

1. An Introduction to the Department of Homeland Security
   1. History and Mission
      1. The Creation of the Department
      2. DHS Mission Defined
   2. The Department
      1. Executive Branch Agency
      2. Office of the Secretary
      3. The Directorates
      4. The President's Reorganization Plan
      5. Prospects for Success

2. The Department of Homeland Security Budget
   1. Statutory Requirements
      1. Budget Responsibilities
      2. Budget Submissions to Congress
   2. Fiscal Year 2003 Budget
      1. President's Budget Request
      2. Information Technology Spending on Homeland Security
      3. Status of the FY 2003 Budget Request
   3. Fiscal Year 2004 Budget

3. The Directorate of Information Analysis and Infrastructure Protection
   1. Organizational Overview
   2. Transferred Agencies
   3. Duties of the Officers/Department Functions Operational Issues and Concerns

4. The Directorate of Science and Technology
   1. Organizational Overview
   2. Budget for FY 2004
   3. Responsibilities
   4. HHS Exceptions for Conduct of Certain Public Health Activities
   5. Regulations for Conduct, Funding, and Review of RDT&E
   6. "Intramural Programs"
   7. "Extramural Programs"
   8. Use of Federally Funded Research and Development Centers (FFRDCs)
   9. The HS Advanced Research Project Agency ("HSARPA")
   10. The HS Advisory Science and Technology Advisory Committee
   11. Technology Clearinghouse
   12. Plum Island Animal Disease Center
   13. Acquisition Requirements - What the Directorate Will Buy
   14. Department of Justice Office of Science and Technology

5. The Directorate of Border and Transportation Security
   1. Organizational Overview
   2. New or Modified Organizations, Positions, and/or Responsibilities Within BTS
   3. Other Bureaus and Positions Related to the BTS Mission
   4. Coordination with Non-Federal Entities
   5. The Border and Transportation Security Marketplace - Issues and Opportunities

6. The Directorate for Emergency Preparedness and Response
   1. Organizational Overview
   2. Responsibilities
   3. Transferred Functions
   4. Preference for Private Sector Networks and Commercially Available Technology, Goods and Service
   5. What the EP&R Directorate Will Buy

7. Acquisition Rules and Procedures — "Open Season"
   1. Introduction: Which Directorate(s) Will take the Acquisition Lead?
   2. Other Transaction Authority
      1. Research and Development Projects
      2. Prototype Equipment Projects
      3. Reports to Congress
   3. Personal Services Contracting Authority
      1. Temporary and Intermittent Services
      2. Removal of Pay Limitations
   4. Special Streamlined Acquisition Authority
      1. In General
      2. Increased Micro-Purchase Threshold
      3. Simplified Acquisition Threshold
      4. Commercial Items Authority
   5. Unsolicited Proposals
   6. One-Year Special Acquisition Authority
   7. Commercial Off-The-Shelf Technologies

8. The Critical Infrastructure Information Act
   1. Background
   2. Definition of Critical Infrastructure Information
   3. When Critical Infrastructure Information is Protected
   4. How Critical Infrastructure Information is Protected
   5. Limitation on Critical Infrastructure Information Protection
   6. Administration of the Act

9. Homeland Security Information and Technology: Securing Your Intellectual Property
   1. Background
   2. Information Security
      1. The Information Agency
      2. Private Enforcement
   3. Technology Development/Tranfer
   4. Intellectual Property Provisions in the Act
   5. Applicable Intellectual Property Rights Rules
      1. Procurement Contracts
      2. Patent Rights Issues
      3. Rights in Technical Data and Computer Software Issues
      4. Grants/Cooperative Agreements
      5. Cooperative Research and Development Agreements(CRADAs)
   6. Potential Problems Areas
10. Security Regulations of International Cargo
    1. Cargo Security in the Aftermath of 9/11
    2. Federal Agency Jurisdiction
    3. Federal Agency Penalty Liability
    4. Penalties for C-TPAT Members
    5. Federal Agency Procurement
    6. Contracting Opportunities: The Next Horizon
    7. Asia-Pacific Economic Cooperation (APEC) Forum — Secure Trade in The APEC Region (Star) Initiative
11. Liability Limitations: Protections Under Homeland Security
    1. The SAFETY Act: An Overview
    2. Birth of the SAFETY Act
    3. Limiting Liability Under the SAFETY Act
       1. Government Contractor Defense
       2. Federal vs. State Lawsuits
       3. Damages Limitations
    4. Jumping Through the Procedural Hoops
    5. Navigating the Insurance Quagmire
    6. Comparison to Defense Production Act and Other Liability Protections

Faculty members are practitioners in the Washington, D.C. law offices of the prestigious law firm of Crowell & Moring. LLP. See www.crowell.com for detailed biographical information.

W. Stanfield Johnson
Terry L. Albertson
Kent R. Morrison
Thomas P. Humphrey
George D. Ruttinger
Marc F. Efron
David Z. Bodenbeimer
Linda S. Bruggeman
Rick W. Claybrook, Jr.
Ariel R. David
R. Ted Ebert
Daniel R. Forman
Lorraine B. Halloway
John E. McCarthy, Jr.
Raymond F. Monroe
Elizabeth W. Newsom
James J. Regan
Penny McDonald, C&M International