Association of Corporate Counsel

Homeland Security

Updated October 2004

Provided by the Association of Corporate Counsel
1025 Connecticut Avenue, Suite 200
Washington, D.C. 20036
Tel 202.293.4103
Fax 202.293.4107
www.acca.com

The following materials are intended to provide in-house counsel with information designed to raise corporate counsel's awareness of the myriad legal issues that have arisen in light of homeland security. This information should not be construed as legal advice or legal opinion on specific facts, or representative of the views of ACC or any of its lawyers, unless so stated. This is not intended as a definitive statement on the subject but a tool, providing practical information for the reader. Also included is a sample Business Codes of Conduct, and resources for additional information. We hope that you find this material useful. Thank you for contacting the Association Corporate Counsel.

The information contained in this InfoPAKSM was developed by

Piper Rudnick LLP
at the direction of the Association of Corporate Counsel

Full Downloadable Version, PDF Format.

Table Of Contents

  1. EMERGENCE AND EVOLUTION OF HOMELAND SECURITY

  2. CORPORATE RESPONSIBILITY
    1. TERRORISM AND SECURITY ISSUES: MANAGEMENT RESPONSIBILITY
      1. The Duty of Care for Corporate Officers and Directors
      2. The Duty of Care Applied to Counterterrorism and Security Issues
      3. Fulfilling the Duty of Care in Today's Environment
    2. DISASTER RECOVERY AND BUSINESS CONTINUITY
      1. What Is Business Continuity and Why Is It Important?
      2. The Role of the Corporate Risk Manager
      3. Business Continuity's Dual Use
      4. Putting a Business Continuity Plan in Motion
      5. Business Continuity and the Financial Services Sector
    3. DUTY TO WARN OF THE RISK OF A TERRORIST ATTACK
    4. LIABILITY TO EMPLOYEES AND VISITORS FROM CRIMINAL ACTS OF THIRD PARTIES
      1. Potential Liability to Employees
      2. Potential Liability to Visitors

  3. HOMELAND SECURITY LAW AND POLICY
    1. HOMELAND SECURITY ACT OF 2002
      1. Overview of DHS
      2. DHS Strategic Plan
    2. MONEY LAUNDERING/FINANCIAL CRIMES
      1. Money Laundering Provisions of the USA PATRIOT Act
      2. Financial Crime-Related Provisions of the USA PATRIOT Act
      3. International Emergency Economic Powers Act
      4. The Bank Secrecy Act and its Relationship to the USA PATRIOT Act
      5. FinCEN and Financial Transaction Reporting Requirements
      6. Executive Order on Transactions with Suspected Terrorists
    3. PUBLIC HEALTH SECURITY AND BIODEFENSE
      1. The Bioterrorism Preparedness Act
      2. Homeland Security Presidential Directive 9: Food and Agriculture
      3. Project Bioshield Act of 2004
      4. Homeland Security Presidential Directive 10: Biodefense
      5. Executive Order on Health Information Technology
      6. Public Health Information Sharing and the CDC
    4. AVIATION SECURITY
      1. Federal Agencies Involved in Aviation Security
      2. Airline Security
      3. General Aviation Security
      4. Conclusion
    5. TERRORISM RISK INSURANCE ACT (TRIA)
    6. THE SAFETY ACT
    7. MARITIME SECURITY
      1. The Maritime Transportation Security Act
      2. International Maritime Organization
      3. Coast Guard Regulations and Approva
      4. Training and Identification
      5. Security at Foreign Ports
      6. Customs and Border Protection (CBP)
      7. Conclusion
    8. TRANSPORTATION SECURITY
      1. Surface Transportation of Cargo
      2. Rail Security
    9. BORDER SECURITY
      1. US-VISIT
      2. National Security Entry-Exit Registration System
    10. CHEMICAL SECURITY
      1. Proposed Chemical Security Legislation
      2. Changes to the Chemical Accident Prevention Rule
      3. Emergency Planning and Community Right-to-Know Act
      4. Voluntary Industry Action
    11. INFORMATION SHARING AND CHANGES TO THE FREEDOM OF INFORMATION ACT
      1. Why Industry Information Is Important to Homeland Security
      2. The Reluctance to Share
      3. FOIA Changes Under the Homeland Security Act of 2002
      4. Information Sharing and Analysis Centers
      5. Industry ISAC Representation
    12. CYBER SECURITY
      1. National Strategy To Secure Cyberspace
      2. Cybersecurity and DHS
      3. Corporate Information Security Working Group
      4. California Security Breach Information Act of 2002
      5. The Legal Standard Of Care For Cybersecurity
      6. Legal Cybersecurity Plans
      7. Cybersecurity and Employees
      8. Hackers and Corporate Espionage
      9. Critical IT Contracts
    13. SURVEILLANCE AND COMPUTER HACKING PROVISIONS OF THE USA PATRIOT ACT
      1. Summary
      2. Section-by-Section Analysis
      3. Conclusion
    14. REAL ESTATE
      1. Introduction
      2. The Real Estate Information Sharing and Analysis Center
      3. Real Estate Security Strategies
      4. Homeland Security Laws Affecting Real Estate
      5. Real Estate and the USA PATRIOT Act
      6. Real Estate Matrix
      7. Homeland Security Considerations for the Architect
      8. FEMA's Multi-Hazard Risk Management Series
      9. Real Estate Checklist
    15. ENERGY
      1. Agencies Involved
      2. Industry Groups Involved
      3. Ability to Recover Costs From Ratepayers
      4. Transmission Issues
      5. Power Plant Issues
      6. Natural Gas Pipeline Issues
      7. Distributed Generation Issues
    16. VENTURE INVESTMENTS IN THE HOMELAND SECURITY MARKET

  4. HOMELAND SECURITY CONTRACTING
    1. CONTRACTING WITH THE FEDERAL GOVERNMENT
    2. CONTRACTING WITH DHS
      1. Overview of the HSAR and HSAM
      2. Differences in Contracting with DHS
      3. Conclusion
    3. CONTRACTING WITH STATE AND LOCAL GOVERNMENTS
    4. ANALYSIS OF THE HOMELAND SECURITY MARKET
    5. COMPLIANCE WITH UNIQUE FEDERAL CONTRACT REQUIREMENTS
      1. Financial and Accounting Requirements
      2. Socio-Economic Requirements
      3. Protection of Intellectual Property
      4. Business Ethics and Public Integrity
      5. Other Unique Contractual Requirements
    6. USE OF LIMITED-COMPETITION AND SOLE-SOURCE PROCUREMENTS
    7. USE OF UNSOLICITED PROPOSALS
    8. COMPLIANCE WITH EXPORT CONTROLS
    9. ADDED SECURITY REQUIREMENTS AND DISRUPTION IN CONTRACTS
    10. REQUIREMENTS FOR ACCESS TO CLASSIFIED INFORMATION

  5. CONCLUSION

  6. HOMELAND SECURITY RESOURCES
    1. ACC RESOURCES
    2. GOVERNMENT LINKS
    3. NEWSLETTERS
    4. RESEARCH
    5. REPORTS
    6. STATUTES

  7. APPENDICES
    1. HOMELAND SECURITY ACT OF 2002, PUBLIC LAW 107-296
    2. THE DHS STRATEGIC PLAN — STRATEGIC GOALS
    3. INFORMATION SHARING AND ANALYSIS CENTERS (ISACS)
    4. HOMELAND SECURITY RESPONSIBILITIES FOR PROPERTY OWNERS AND MANAGERS
    5. GAO REPORTS ON HOMELAND SECURITY MATTERS

  8. About the Firm

Materials may not be reproduced without the express consent of the Association of Corporate Counsel and Piper Rudnick LLP.

Back to Top
Association of Corporate Counsel
1025 Connecticut Ave, NW, Suite 200, Washington, DC 20036-5425. 202/293-4103. webmistress@acca.com.
© Copyright 2005 Association of Corporate Counsel. All rights reserved.