Homeland Security Law Handbook

Blank Rome; Kelley Drye Warren

doi:10.5771/9781461734284

Summary

The new Homeland Security Law Handbook provides a comprehensive reference book for business, industry, and government as well as those faced with the new legal and security issues raised by new public laws, a new regulatory framework, and a new Department of Homeland Security. Written by legal experts from four law firms, it covers the major issues involved with homeland security.

Part I covers broad concepts and cross-cutting issues in this emerging field as well as the various legal mandates that now apply to homeland security. An analysis, summary, and political context of homeland security statutes and their subsequent regulatory mandates are also discussed.

Part II includes detailed discussions of public safety issues, including aviation and transportation security, port security, and chemical security; the public health issues of bioterrorism and air, food, and water supply contamination; border and immigration concerns; cyber security; appropriations, grants, and contracts; insurance and workplace issues; and information and disclosure issues in audits.

Part III covers the creation, mandate, and organization of the new cabinet department with its powers, practices, procedures, and responsibilities. Each of the four Directorates and their organization, function, major issues, and transitional challenges are also analyzed.

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Bibliographic data

Copyright year: 2003
ISBN-Print: 978-0-86587-962-1
ISBN-Online: 978-1-4617-3428-4
Publisher: Government Institutes, Lanham
Language: English
Pages: 361
Product type: Book Titles

1. Table of Contents No access
2. Preface No access
3. About the Authors No access
1. 1. 1. The Impact of 9/11 No access
    2. Homeland Security Law Prior to 9/11 No access
    3. Homeland Security Law Post 9/11 No access
    4. The Transition in Government No access
    5. The Transition in the Private Sector No access
    6. The Glide Path of Homeland Security Law No access
  2. 1. Acceptable Level of Risk No access
    2. Mandatory versus Voluntary versus Market-Driven Programs No access
    3. Public-Private Interplay No access
    4. Funded versus Unfunded Mandates No access
    5. Liabilities No access
    6. Federalism No access
    7. Information and the Ostrich Dilemma No access
    8. Security Mission Creep No access
    9. Constitutional Issues No access
    10. Risk of Abuse No access
2. 1. 1. Bases for Homeland Security Law: Addressing Coordination Issues No access
    2. Bases for Homeland Security Law: Effectuating the Homeland Security Mission No access
    3. Bases for Homeland Security Law: Managing Changes in the Common Law No access
    4. Conclusion No access
  2. 1. The Role of the Executive Branch in Establishing a Framework for Homeland Security Law No access
    2. The Role of the President's Budget in Establishing a Federal Framework for Homeland Security Law No access
  3. 1. The Role of Congress in Developing Homeland Security Law No access
    2. The Role of Federal Agencies in Developing Homeland Security Law No access
    3. The Role of State and Local Government in Developing Homeland Security Law No access
    4. The Role of Private Actors in Developing Homeland Security Law No access
    5. The Role of Changes in Common Law in Developing Homeland Security Law No access
  4. 1. The Aviation and Transportation Security Act of 2001 No access
    2. The Border Security and Visa Reform Act of 2002 No access
    3. Homeland Security Act of 2002 No access
    4. Maritime Transportation Security Act of 2002 No access
    5. The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 No access
    6. The Terrorism Risk Insurance Coverage Act of 2002 No access
    7. Terrorist Bombings Convention Implementation Act of 2002 No access
    8. The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism States Act of 2001 No access
1. 1. Overview No access
  2. Transportation Security Administration No access
  3. Transportation Security Oversight Board No access
  4. 1. Introduction No access
    2. Baggage Screening No access
    3. Training of Baggage Screeners No access
    4. Explosive Detection Machines No access
    5. Airport Perimeter Screening No access
  5. 1. Deployment of Federal Air Marshals No access
    2. Flight Deck Security No access
    3. Computer-Assisted Passenger Prescreening System No access
  6. 1. Foreign Security Liaison Officers No access
  7. General Aviation No access
  8. Amendments to Air Transportation Safety and System Stabilization Act No access
  9. Homeland Security No access
  10. Conclusion No access
2. 1. Introduction No access
  2. Overview No access
  3. Key Definitions No access
  4. Facility and Vessel Vulnerability Assessments No access
  5. 1. National Maritime Transportation Security Plan No access
    2. Area Transportation Security Plans No access
    3. Vessel and Facility Security Plans No access
    4. Facility and Vessel Response Plans No access
    5. Maritime Security Advisory Committees No access
  6. 1. Transportation Security Cards No access
    2. Crewmember Identification No access
    3. Automatic Identification and Vessel Tracking Systems No access
    4. Maritime Intelligence No access
  7. Safety and Security Teams No access
  8. 1. Implementation Grants No access
    2. Research and Development Grants No access
    3. Funding Limitations and Restrictions No access
    4. Grant Administration No access
  9. 1. Foreign Port Assessments No access
    2. Notification of Foreign Officials and Sanctions No access
  10. Secure Systems of Transportation No access
  11. 1. International Seafarer Identification (Section 103 of the Act) No access
    2. Extension of the Territorial Sea for Purposes of the Magnuson Act (Section 104 of the Act) No access
    3. Extension of Deepwater Port Act to Natural Gas (Section 106 of the Act) No access
    4. Assignment of Coast Guard Personnel as Sea Marshals (Section 107 of the Act) No access
    5. Transmittal of Information to the Customs Service (Section 108 of the Act) No access
    6. Maritime Security Professional Training (Section 109 of the Act) No access
    7. Additional Reports (Section 110 of the Act) No access
    8. Performance Standards (Section 111 of the Act) No access
    9. Report on Foreign-Flag Vessels (Section 112 of the Act) No access
    10. Revision of Port Security Planning Guide (Section 113 of the Act) No access
  12. Implications of Actions Taken at the International Level No access
  13. Implementation of the MTSA No access
3. 1. Introduction No access
  2. Overview No access
  3. 1. Clean Air Act (42 U.S.C.§§ 7401 et seq.) No access
    2. Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act (Public Law 106-40) No access
    3. Occupational Safety and Health Act (OSH Act) (29 U.S.C.§§ 651 et seq.) and Emergency Planning and Community Right-to-Know Act (EPCRA) (42 U.S.C.§§ 11001 et seq.) No access
    4. Resource Conservation and Recovery Act (RCRA) (42 U.S.C.§§ 6901 et seq.) No access
  4. 1. Key Definitions No access
    2. Vulnerability Assessments and Site Security Plans No access
    3. Protection of Information No access
    4. Recordkeeping and Entry No access
    5. Enforcement and Penalties No access
  5. 1. Key Definitions No access
    2. Vulnerability Assessments; Hazard Assessments; and Prevention, Preparedness, and Response Plans No access
    3. Protection of Information No access
    4. Recordkeeping and Entry No access
    5. Enforcement and Penalties No access
  6. Key Differences between S. 994 (Inhofe) and S. 157 (Corzine) No access
  7. Status and Outlook at Press Time No access
4. 1. Purpose of the Act No access
  2. 1. What is an Act of Terrorism under the Act—Section 102(1) No access
    2. What is Commercial Property and Casualty No access
    3. Who is an Insurer No access
    4. Limits of Liability No access
    5. Coverage Periods No access
  3. 1. Insurer and Federal Government Payments for Loss No access
    2. Insurer Deductibles No access
    3. Calculation of Insurer Deductible No access
    4. Exclusion of Personal Insurance from the Insurer Deductible Calculation No access
    5. Federal Government Payments No access
    6. Insurance Marketplace Aggregate Retention or Recoupment No access
    7. Policy Surcharge for Terrorism Loss Risk-Spreading Premiums No access
    8. Reinsurance No access
  4. Notification of Policyholders No access
  5. Federal Cause of Action No access
5. 1. 1. Evolution and Current State of America's Public Health Infrastructure No access
    2. Threat of Biological and Chemical Terrorism: The Need for Heightened Public Health Readiness No access
    3. What are the Key Public Health Elements of Homeland Security? No access
    4. Cost No access
  2. 1. Introduction No access
    2. National Preparedness for Bioterrorism and Other Public Health Emergencies No access
    3. Strategic National Stockpile; Development of Priority Countermeasures No access
    4. Improving State, Local, and Hospital Preparedness for Response to Bioterrorism and Other Public Health Emergencies No access
    5. Emergency Authorities; Additional Provisions No access
    6. Enhancing Controls on Dangerous Biological Agents and Toxins No access
    7. Public Health Responsibilities of the Department of Agriculture No access
    8. Miscellaneous Provisions of Title II No access
    9. Protecting Safety and Security of Food and Drug Supply Subtitle No access
    10. Drinking Water Security and Safety No access
    11. Additional Unrelated Provisions No access
  3. Public Health Provisions of the Homeland Security Act of 2002 (PL 107-296) No access
  4. 1. FY 2003 Appropriations No access
    2. FY 2002 Appropriations No access
  5. 1. Overview No access
    2. Components of the National Pharmaceutical Stockpile No access
    3. Training and Education No access
    4. Project Bioshield No access
  6. Lessons of SARS: The Dilemmas of Privacy, Isolation, and Quarantine No access
  7. 1. Overview No access
    2. Key Provisions of MSEHPA No access
  8. 1. Overview No access
    2. Liability Issues No access
  9. Joint Commission No access
6. 1. Overview of Recent Acts Impacting Immigration No access
  2. 1. New Grounds of Inadmissibility No access
    2. Foreign Terrorist Organizations No access
    3. Certification and Detention of Potential Terrorists No access
    4. Preserving Benefits to Noncitizen Victims of September 11th Attacks No access
  3. 1. Interagency Information Sharing No access
    2. Visa Issuance, Inspection, and Admission No access
    3. Terrorist Lookout Lists and Committees No access
    4. Restriction on Issuance of Visas to Nonimmigrants from Countries Deemed State Sponsors of Terrorism No access
    5. NSEERS No access
    6. Passenger Manifests No access
    7. Foreign Students and Exchange Visitors No access
  4. Homeland Security Act of 2002 No access
7. 1. 1. Definition of Cybersecurity No access
    2. National Policy on Cybersecurity No access
    3. Prosecution of Cyber Crimes No access
    4. Criminal Procedure and Investigations No access
  2. 1. Cybersecurity Preparedness No access
    2. Critical Infrastructure Information No access
    3. Federal Energy Regulatory Commission No access
    4. Security of Medical Records and Patient Information No access
    5. Security of Financial Information No access
  3. State Regulation of Cyber Security No access
  4. Corporate Liability for Cybersecurity Breaches and Losses No access
8. 1. 1. Procurements—Selling to the Department of Homeland Security No access
    2. DHS Mission No access
    3. DHS Structure and Responsibilities No access
    4. DHS Requirements No access
    5. DHS Budget and Appropriations No access
    6. DHS Private Sector Policy No access
    7. DHS Procurement Process No access
  2. 1. Introduction and Overview No access
    2. Defining a Homeland Security Grant No access
    3. Statutory Framework for Homeland Security Grants No access
    4. Representative Grant Programs No access
    5. Office for Domestic Preparedness Equipment Grants No access
    6. Fiscal Year (FY) 2003 State Homeland Security Grant Program No access
    7. Directorate of Emergency Preparedness and Response No access
    8. Transportation Security Grants No access
    9. Obtaining a Homeland Security Grant No access
    10. Major Legislative Proposals Affecting Homeland Security Grants No access
    11. Conclusion—Grants No access
9. 1. Introduction No access
  2. 1. Infrastructure Security No access
    2. Anthrax and the Mail No access
  3. 1. Solicitation/Distribution Policies No access
    2. Harassment and EEO Policies No access
    3. Workplace Aggression No access
    4. Workplace Restraining Orders No access
    5. Concealed Weapons Policies No access
    6. Workers' Compensation No access
    7. Reasonable Accommodation No access
    8. Special Issues Relating to Hospital Workplace Violence No access
    9. Religious Accommodation No access
  4. Other policies/procedures and issues No access
  5. Addressing Military Leaves of Absence and Veteran Reemployment Rights No access
  6. 1. Invasion of Privacy in Employment No access
    2. Searches and Investigations No access
    3. No Reasonable Expectation of Privacy in Sexually Explicit E-Mails No access
    4. False Imprisonment No access
    5. Video Surveillance No access
    6. Electronic Monitoring No access
  7. Background Investigations and Personal Information No access
  8. 1. Social Security Administration (SSA) Offers Assistance in Verification of SSNs No access
    2. IRS Announces Fines for Mismatched W-2 Data No access
  9. 1. Export Controls No access
    2. Visa Restrictions and Immigration Issues No access
    3. Privacy Issues No access
  10. 1. Recent National Labor Relations Board Actions No access
    2. Section 7 Rights and Electronic Correspondence No access
    3. Employer Concerns and Recommended Courses of Action No access
1. 1. 1. Effective Date and Transition Period No access
    2. Mandate of the Department No access
    3. Office of the Secretary and Directorates No access
    4. Powers, Practices, and Procedures No access
    5. Limitations on Private Rights of Action No access
    6. Protection of individual Rights and Liberties No access
    7. Directly Reporting Agencies No access
    8. Private Sector Office No access
    9. Transition No access
2. 1. 1. Organization No access
    2. Critical Functions No access
    3. Major Issues No access
  2. 1. Organization No access
    2. Critical Functions No access
    3. Major Issues No access
  3. 1. Organization No access
    2. Critical Functions No access
    3. Directorate Organization No access
  4. 1. Organization No access
    2. Critical Functions No access
    3. Major Issues No access
Index No access Pages 345 - 361