Evolving Institutional Structure and Public Policy Environment of Critical Infrastructures

Abstract

For the foreseeable future, the United States’ critical infrastructures will be a major focus for homeland security while contributing greatly to the prosperity of the states and the private sector. The designation of critical infrastructures has evolved from a vague concept of public goods before the 1990s, through Executive Orders and presidential directives of the 1990s, and has been enshrined in the Critical Infrastructures Protection Act and the Homeland Security Act. This scope of critical infrastructures, the first of two challenging issues, has matured through interpretations provided in Presidential administration policy development, various national strategies, blue ribbon reports, white papers, case law and government funded economic stimulus programs. The second challenge is one of coordination, raising uncertainties from the evolving goals of various authorities in the interpretation and implementation of critical infrastructure mandates. These authorities include the: President, Congress, courts, various federal agencies, special purpose boards, states, standards development organizations, nongovernmental organizations and the private sector. Although the private sector owns or operates most critical infrastructures, the identification, risk management and investment stimulus for critical infrastructures remains fragmented, episodic and uncertain. A complex institutional structure aggravates clarity for each authority due to overlapping and potentially contradictory duties. Furthermore, sector-specific regulation, industry cooperation and free market pressures complicate the prioritization of critical infrastructure investment by both public and private interests. This article reviews the public policy development of critical infrastructure to guide interpretation of the relative critical infrastructure development and protection roles for states, non-governmental organizations, the private sector and federal agencies.