Critical Infrastructures: What Makes an Infrastructure Critical?

Congressional research reportJan 29, 2003

Ask Donna

What actually matters in this document.

Text

Order Code RL31556

Report for Congress

Received through the CRS Web

Critical Infrastructures:

What Makes an

Infrastructure Critical?

Updated January 29, 2003

John Moteff, Claudia Copeland, and John Fischer

Resources, Science, and Industry Division

Congressional Research Service ˜ The Library of Congress

Critical Infrastructures:

What Makes an Infrastructure Critical?

Summary

The Bush Administration’s proposal for establishing a Department of Homeland

Security includes a function whose responsibilities include the coordination of

policies and actions to protect the nation’s critical infrastructure. However, the

proposal did not specify criteria for how to determine criticality or which

infrastructures should be considered critical.

Over the last few years, a number of documents concerned with critical

infrastructure protection have offered general definitions for critical infrastructures

and have provided short lists of which infrastructures should be included. None of

these lists or definitions would be considered definitive. The criteria for determining

what might be a critical infrastructure, and which infrastructures thus qualify, have

expanded over time. Critical infrastructures were originally considered to be those

whose prolonged disruptions could cause significant military and economic

dislocation. Critical infrastructures now include national monuments (e.g.

Washington Monument), where an attack might cause a large loss of life or adversely

affect the nation’s morale. They also include the chemical industry. While there may

be some debate about why the chemical industry was not on earlier lists that

considered only military and economic security, it seems to be included now

primarily because individual chemical plants could be sources of materials that could

be used for a weapon of mass destruction, or whose operations could be disrupted in

a way that would significantly threaten the safety of surrounding communities.

A fluid definition of what constitutes a critical infrastructure could complicate

policymaking and actions. At the very least, a growing list of infrastructures in need

of protection will require the federal government to prioritize its efforts. Essentially

the federal government will have to try to minimize the impact on the nation’s critical

infrastructure of any future terrorist attack, taking into account what those impacts

might be and the likelihood of their occurring.

There are number of ways the government can prioritize. First, not all elements

of a critical infrastructure are critical. Additional study will be necessary to identify

those elements that are the most critical. Other approaches include focusing on

vulnerabilities that cut across more than one infrastructure, interdependencies where

the attack on one infrastructure can have adverse effects on others, geographic

locations where a number of critical infrastructure assets may be located, or focusing

on those infrastructure belonging solely to the federal government or on which the

federal government depends.

The National Strategy for Homeland Security, released by the Bush

Administration in July 2002, states that the federal government will set priorities for

critical infrastructure protection based on a consistent methodology and an approach

that will allow it to balance the cost and expected benefits. It does not discuss what

that methodology or approach might be. Congress may want to focus some of its

oversight on how the Administration proposes to set priorities and what criteria it

uses to do so. This report will be updated as warranted.

Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

What Is a Critical Infrastructure? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

Which Assets of a Critical Infrastructure Need Protection? . . . . . . . . . . . . . 8

Surface Transportation: River Crossings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

Transportation Systems: Air Traffic Control (ATC) . . . . . . . . . . . . . . . . . . 10

Observations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Appendices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

What is Infrastructure? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

How the Criteria and Components of Critical Infrastructure Have

Expanded Over Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

List of Tables

Table 1. What Constitutes Critical Infrastructure Over Time . . . . . . . . . . . . . . . 17

Critical Infrastructures: What Makes an

Infrastructure Critical?

Introduction

Section II of President Bush’s June 2002 proposal for establishing a Department

of Homeland Security prescribed the responsibilities of the Department’s

Undersecretary for Information Analysis and Infrastructure Protection. Those

responsibilities included:

comprehensively assessing the vulnerabilities of the key resources

and critical infrastructures in the United States;

! ....identifying protective priorities and supporting protective

measures...;

! developing a comprehensive national plan for securing the key

resources and critical infrastructures in the United States; and

! taking or seeking to effect necessary measures to protect the key

resources and critical infrastructures in the United States....1

Nowhere in the Administration’s proposed legislation was critical infrastructure

defined. However, other documents, including previous legislation, have defined

critical infrastructure and provided illustrative lists of infrastructures that fall within

those definitions. The following discussion recounts how the definition (and the list

of illustrative examples) has broadened over time and what impact this may have on

developing and implementing critical infrastructure protection policy.

Background

What Is a Critical Infrastructure?

Before “critical infrastructure” became a term of interest in the terrorism and

homeland security debate, the seemingly similar term “infrastructure” was a subject

debated by public policymakers. In the 1980s, for example, a much debated issue

was whether there was a national crisis in the condition of America’s

infrastructure–its roads, bridges, dams, wastewater treatment systems, etc. With no

standard or agreed definition, the concept of infrastructure in policy terms has been

fluid, as it appears to be today. (For more discussion of these earlier definitions of

For more information on various aspects of the President’s proposal and the Congressional

response, see Homeland Security on the CRS Home Page [http://www.crs.gov/] .

CRS-2

and debate regarding “infrastructure,” see the Appendix, What is Infrastructure? In

this report.)

More recently, as homeland security as been assigned the highest national

priority, the term “critical infrastructure” has developed into a major policy concern.

Documents dealing with critical infrastructure protection have provided broad

definitions of what makes an infrastructure critical.

Executive Order 13010,2 signed by President Clinton on July 15, 1996, which

established the President’s Commission on Critical Infrastructure Protection, alluded

to what makes an infrastructure critical:

“Certain national infrastructures are so vital that their incapacity or

destruction would have a debilitating impact on the defense or economic

security of the United States.”3

According to this Executive Order (EO) these infrastructures included:

telecommunications;4

electrical power systems;

gas and oil storage and transportation;

banking and finance;

transportation;

water supply systems;

emergency services (including medical, police, fire, and rescue);

and,

! continuity of government.

Using the language of this EO, the Commission’s final report5 to the President

defined critical infrastructure in the Glossary as:

“Infrastructures so vital that their incapacitation or destruction would have

a debilitating impact on defense or economic security.”

The following supporting definitions were provided:

Infrastructures: The framework of interdependent networks and systems

comprising identifiable industries, institutions (including people and

procedures), and distribution capabilities that provide a reliable flow of

products and services essential to the defense and economic security of the

Executive Order 13010—Critical Infrastructure Protection. Federal Register, July 17,

1996. Vol. 61, No. 138. pp 37347-37350. Reference is on page 37347.

Ibid. p. 37347.

Throughout this report, sectors that are identified as being critical will be bolded the first

time they appear.

President’s Commission on Critical Infrastructure Protection, Critical Foundations:

Protecting America’s Infrastructure, October 1997.

CRS-3

United States, the smooth functioning of government at all levels, and

society as a whole.

Debilitated: A condition of defense or economic security characterized by

ineffectualness.

Defense security: The confidence that Americans’ lives and personal

safety, both at home and abroad, are protected and the United States’

sovereignty, political freedom, and independence, with its values,

institutions, and territory intact are maintained.

Economic security: The confidence that the nation’s goods and services

can successfully compete in global markets while maintaining or boosting

real incomes of its citizens.

The Commission’s report also defined the infrastructures of each of the sectors

mentioned in this EO.

Banking and Finance: Entities such as retail and commercial

organizations, investment institutions, exchange boards, trading houses,

and reserve systems, and associated operational organizations, government

operations, and support activities that are involved in all manner of

monetary transactions, including its storage for saving purposes, its

investment for income purposes, its exchange for payment purposes, and

its disbursement in the form of loans and other financial instruments.

Electric Power Systems: Generation stations, transmission and distribution

networks that create and supply electricity to end-users so that end-users

achieve and maintain nominal functionality, including the transportation

and storage of fuel essential to that system.

Emergency Services: Medical, police, fire, and rescue systems and

personnel that are called upon when an individual or community is

responding to emergencies. These services are typically provided at the

local level. In addition, state and federal response plans define emergency

support functions to assist in the response and recovery.

Gas and Oil Production Storage and Transportation: The production and

holding facilities for natural gas, crude and refined petroleum, and

petroleum-derived fuels, the refining and processing facilities for these

fuels and the pipelines, ships, trucks, and rail systems that transport these

commodities from their source to systems that are dependent upon gas and

oil in one of their useful forms.

Information and Communications: Computing and telecommunications

equipment, software, processes, and people that support:

the processing, storage, and transmission of data and information;

the processes and people that convert data into information and

information into knowledge; and,

CRS-4

the data and information themselves.

Transportation: Physical distribution systems critical to supporting the

national security and economic well-being of this nation, including the

national airspace systems, airlines, and aircraft, and airports; roads and

highways, trucking and personal vehicles; ports and waterways and the

vessels operating thereon; mass transit, both rail and bus; pipelines,

including natural gas, petroleum, and other hazardous materials; freight

and long haul passenger rail; and delivery services.

Water Supply System: Sources of water, reservoirs, and holding facilities,

aqueducts and other transport systems, the filtration, cleaning and

treatment systems, the pipelines, the cooling systems and other delivery

mechanisms that provide for domestic and industrial applications,

including systems for dealing with water runoff, waste water, and

firefighting.

In response to the Commission’s report, President Clinton signed Presidential

Decision Directive Number 63 (PDD-63) on May 22, 1998.6 The Directive defined

critical infrastructures as “those physical and cyber-based systems essential to the

minimum operations of the economy and government.”7 According to the Directive,

these included, but were not limited to, telecommunications, energy, banking and

finance, transportation, water systems and emergency services.

The Directive also directed certain agencies to identify sector liaisons in those

sectors mentioned above, plus:

intelligent transportation systems;

continuity of government services;

public health services (including prevention, surveillance, laboratory

services); and,

The Clinton Administration’s Policy on Critical Infrastructure Protection: Presidential

Decision Directive No. 63, White Paper, May 22, 1998.

The distinction between physical-security and cyber-security is almost inextricable and not

clearly articulated. For example, physical assets in the electric power infrastructure would

typically include the generation plant, the turbines and other equipment inside, and

distribution lines and towers. However, the computer hardware and communication lines

that help control the generation and flow of electricity could be considered physical assets

or cyber assets. The data transmitted and stored on the computers and transmitted over the

communication lines and the software used to process and control that data are typically

considered cyber assets. Physical security typically means protecting the physical assets

(including computer equipment) from damage caused by physical forces such as explosion,

breakage, wind, fire, etc. Cyber-security could also mean the physical protection of cyber

assets. Cyber-security, however, typically includes the protection of both physical and cyber

assets from operational failure or from being otherwise compromised by others gaining

unauthorized computer access (including remote access) to the operating software or data.

Providing physical- and cyber-security of critical infrastructures requires a broad range of

effort that can be quite varied (from installing jersey walls to installing firewall software),

and different people or policies may be talking about different activities.

CRS-5

personal health services.

It also identified critical infrastructures that are primarily the responsibility of

the federal government:

law enforcement and internal security;

foreign intelligence;

foreign affairs; and,

national defense.

The Directive also set a goal that within five years the nation should be able to

protect the national critical infrastructures from intentional attacks that would

significantly diminish the abilities of:

the federal government to perform essential national security

missions and to ensure the general public health and safety;

! state and local governments to maintain order and to deliver

minimum essential public services; and,

! the private sector to ensure the orderly functioning of the economy

and the delivery of essential telecommunications, energy, financial,

and transportation services.

“Any disruptions or manipulations of these critical functions must be brief,

infrequent, manageable, geographically isolated and minimally detrimental to the

welfare of the United States.”8

The first version of a National Plan for Critical Infrastructure (also called for by

PDD-63)9 defined critical infrastructures as “those systems and assets—both physical

and cyber—so vital to the Nation that their incapacity or destruction would have a

debilitating impact on national security, national economic security, and/or national

public health and safety.”10 While the Plan concentrated on cyber-security of the

federal government’s critical infrastructure, the Plan refers to those infrastructures

mentioned in the Directive.

Following the September 11, 2001 attacks, President Bush signed new

Executive Orders relating to critical infrastructure protection. E.O. 13228,11 signed

October 8, 2001, established the Office of Homeland Security and the Homeland

Security Council. Among the duties assigned the Office was to:

Ibid. p2.

Defending America’s Cyberspace: National Plan for Information Systems Protection.

Version 1.0. An Invitation to a Dialogue. White House. 2000

Ibid. Executive Summary. p 1. Section 1016 of the USA Patriot Act (P.L.107-56), passed

October 16, 2001, used essentially the same definition.

Executive Order 13228—Establishing the Office of Homeland Security and the Homeland

Security Council. Federal Register, Vol. 66, No. 196, October 8, 2001. pp51812- 51817.

CRS-6

“coordinate efforts to protect critical infrastructures..[and]...work with

federal, state, and local agencies and private entities to:

strengthen measures for protecting energy production, transmission, and

distribution services and critical facilities; other utilities;

telecommunications; facilities that produce, use, store, or dispose of

nuclear material...;

...coordinate efforts to protect critical public and privately owned

information systems...;

...to ensure that special events determined by appropriate senior officials

to have national significance are protected...;

...to protect transportation systems within the United States, including

railways, highways, shipping ports and waterways, and airports and

civilian aircraft...;

...to protect United States livestock, agriculture, and systems for the

provision of water and food for human use and consumption....”12

In a separate Executive Order 13231,13 signed October 16, 2001, President Bush

established the President’s Critical Infrastructure Protection Board. Although the

name of the Board might imply a broad mandate, the Board’s duties focus primarily

on the nation’s information infrastructure. However, the EO makes reference to the

importance of information systems to other critical infrastructures such as

“telecommunications, energy, financial services, manufacturing, water,

transportation, health care, and emergency services.”14

This EO also reiterates the goal established in PDD-63, although stated within

the more limited context of protecting against attacks on the nation’s information

infrastructure, that “any disruptions that occur are infrequent, of minimal duration,

and manageable, and cause the least damage possible.”15

Shortly after the Administration issued these Executive Orders, Congress passed

the USA PATRIOT Act (P.L. 107-56). Section 1016 of the Act, called the Critical

Infrastructures Protection Act of 2001, defined critical infrastructures as:

“...systems and assets, whether physical or virtual, so vital to the United

States that the incapacity or destruction of such systems and assets would

Ibid. Section 3 (e) (i), (ii), (iv), (v) and (vi), pp. 5183-5184.

Executive Order 13231—Critical Infrastructure Protection in the Information Age.

Federal Register, Vol. 86, No. 202. October 18, 2001. pp. 53063-53071.

Ibid. Section 1 (a), p. 53063.

Ibid. Section 1 (b), p. 53063

CRS-7

have a debilitating impact on security, national economic security, national

public health and safety, or any combination of those matters.”16

Earlier in Section 1016, the legislation mentioned the types of infrastructures

Congress intended to include in this definition: information, telecommunications,

energy, financial services, water, and transportation.

Although the draft legislation proposed by the President for establishing the

Department of Homeland Security did not define critical infrastructure, a companion

document17 went into a little more detail. While not providing a formal definition,

the text parenthetically described critical infrastructures as “those assets, systems, and

functions vital to our national security, governance, public health and safety,

economy, and national morale.”18

The text also states that the Department would build and maintain a

comprehensive assessment of our nation’s infrastructure sectors:

food;

water;

agriculture;

health systems and emergency services;

energy (electrical, nuclear, gas and oil, dams);

transportation (air, road, rail, port, waterways);

information and telecommunications;

banking and finance;

energy;

chemical;

defense industry;

postal and shipping; and,

national monuments and icons.19

On July 16, 2002 the Administration released its National Strategy on Homeland

Security.20 Early in the Strategy, critical infrastructure was defined as it was in the

above document (i.e. including the mention of national morale).21 In the separate

section focusing on critical infrastructure, the Strategy referred to the definition in the

USA PATRIOT Act.22 The National Strategy mentioned a slightly different list of

specific infrastructures, making a distinction between public health systems and

H.R. 3162-130 (P.L. 107-56), Section 1016(e). The two bills before Congress establishing

a Department of Homeland Security (H.R. 5005 and S. 2452) both use this definition.

The Department of Homeland Security. June 2002. White House.

Ibid. p15.

Office of the President. Office of Homeland Security. National Strategy for Homeland

Security. July 2002.

Ibid. p.ix

Ibid. p. 30.

CRS-8

emergency systems and dropping national monuments and icons. The latter were

picked up in a distinction the Strategy makes between critical infrastructures and key

assets. Key assets were defined as individual targets whose “destruction would not

endanger vital systems, but could create local disaster or profoundly damage our

nation’s morale and confidence.” Such assets would include historical attractions

(national, state, and local monuments and icons) and other localized facilities with

destructive potential or of high value to a community such as schools, courthouses,

and bridges. While these key assets may be more the responsibility of the state and

locality to protect, the Strategy offered a federal commitment to help enable those

authorities to protect their key assets.

Which Assets of a Critical Infrastructure Need Protection?

After identifying what may be considered a critical infrastructure, a protection

strategy must identify which elements of the infrastructure are critical to its function

or pose the most significant danger to life and property. Not all assets may be critical,

and some may be more so than others. However, the size and complexity of these

infrastructures can make identifying which assets of an infrastructure are critical a

daunting task.

For example, a recent report by the National Research Council (NRC)

characterizes the extent of the U.S. domestic transportation system as follows:

The U.S. highway system consists of 4 million interconnected miles of paved

roadways, including 45,000 miles of interstate freeway and 600,000

bridges. The Freight rail networks extend for more than 300,000 miles and

commuter and urban rail system’s cover some 10,000 miles. Even the more

contained civil aviation system has some 500 commercial-service airports

and another 14,000 smaller general aviation airports scattered across the

country. These networks also contain many other fixed facilities such as

terminals, navigation aids, switch yards, locks, maintenance bases and

operation control centers.23

Left out of this description of the transportation system is a large maritime

infrastructure of inland waterways, ports, and vessels.

Similarly, the electric power infrastructure includes 92,000 electric generating

units (including fossil fueled, nuclear, and hydroelectric units), 300,000 miles of

transmission lines, and 150 control centers, regulating the flow of electricity. The

nation’s water infrastructure includes 75,000 dams and reservoirs, thousands of miles

of pipes and aqueducts, 168,000 public drinking water facilities, and 16,000

publically owned waste water treatment facilities. The chemical industry includes

thousands of chemical facilities that handle hazardous or toxic substances.24

National Research Council. Transportation Research Board. TRB Special Report 270.

Deterrence, Protection, and Preparation--The New Transportation Security Imperative.

July 2, 2002. Available in preprint form at [http://www.trb.org/]

For more information on these infrastructures, see CRS Terrorism Briefing Book,

(continued...)

CRS-9

Fortunately, a considerable amount of information that can be used to categorize

infrastructure is already available at the federal level. For example, the Federal

Highway Administration classifies highways by type and produces copious statistics

about them. Some of this information could be quite useful in a discussion about

which parts of the transportation infrastructure are most critical. The National

Highway System, which is a category of roads that includes the interstate highway

system, constitutes only 4% of the nation’s public road milage, but carries over 44%

of all travel.25 A similar situation exists in the aviation system. Of the 546

commercial airports that had airline service in April 2001, fully 70% of all airline

passenger boardings occurred at just 31 airports.26

What follows are two brief discussions that consider how physical

transportation assets and transportation systems might be thought of in the context

of whether they are, or are not, critical. The discussion is relevant to the other

infrastructures as well.

Surface Transportation: River Crossings

There are 10 bridge spans crossing the Potomac River within the Washington

D.C. Beltway. The two Beltway bridges, Woodrow Wilson and American Legion,

are both part of the interstate highway system as are the 14th Street Bridge (which

has multiple spans) and the Theodore Roosevelt Bridge. Other highway bridges

include Memorial Bridge, Key Bridge, and Chain Bridge. Less noticed, but also

important components of the area’s transportation infrastructure are the rail and

Metrorail bridges that parallel the 14th Street Bridge. One additional crossing of the

Potomac exists, the Metrorail tunnel between Foggy Bottom and Rosslyn stations.

In the context of homeland security, which of these crossings are critical? At

first blush, most observers would probably identify the Woodrow Wilson Bridge as

the area’s most critical transportation structure. It is the busiest, and carries Interstate

95, the East Coast’s busiest highway around Washington. But if the Wilson Bridge

were lost to a terrorist attack for some period of time how badly would the local

economy and interstate commerce suffer? The answer based on experience with

major traffic accidents and other emergencies is that the short term situation would

likely be chaotic. Over the longer term, traffic would adjust in some ways. Interstate

commerce, for example, would go around the Beltway the other way or through the

City. These routes are longer and increased congestion would make these routings

costlier and less efficient. All of these additional costs would be added to the cost

of travel in the region which affect a host of activities. Nonetheless, the loss of the

use of a single bridge or more could likely be handled, albeit with difficulty.

(...continued)

Prevention: Security Enhancements. [http://www.congress.gov/brbk/html/ebter1.shtml]

Federal Highway Administration.

[http://www.fhwa.dot.gov/ohim]. p.18.

Our

Nations

Highways:

2000.

Transportation Research Board. Aviation Gridlock: Phase II: Airport Capacity and

Infrastructure. Transportation Research E-Circular.

[http://trb.org/trb/publications/circulars/ec032/ec032.pdf]. May 2001. p. 5.

CRS-10

A more difficult question arises if the bridge that is lost is either the Metrorail

bridge or the rail bridge. The tunnel crossing does provide a backup of sorts for the

Metrorail system, but by all public accounts the rail lines that run through the tunnels

are already nearing capacity, at least at certain times of the day. The rail crossing

handles most of Amtrak’s east coast service, Virginia Rail Express, and a significant

amount of freight traffic. The nearest north-south replacement for the 14th St. rail

crossing is over 40 miles to the west. This is obviously not a suitable replacement

for rail passenger service destined for Washington. For freight this might be

something less of an issue, but the loss of this rail corridor for any period of time

would affect the shipment of a lot of commodities, only some of which could be

carried by truck as an alternative. Thus, determination of what is “critical” depends

a great deal on ones frame of reference.

Transportation Systems: Air Traffic Control (ATC)27

The air traffic control system is a different type of example of the problem of

defining critical transportation infrastructure. The ATC system is a large, complex,

and highly integrated system that is very reliant on technology. The ATC system has

40,921 operational facilities of all types, staffed by 36,349 employees. Most notable

of the facilities from the public perspective are the 21 air route traffic control centers

(ARTCC), 496 airport traffic control towers, 75 flight service stations, and 61

automated flight service stations. The ARTCC alone handled almost 7 million

aircraft movements during just the months of January and February 2002. For safety

reasons a great deal of redundancy is already built into the system.

In structure a highly integrated system like ATC probably has more in common

with telecommunications critical infrastructure then with traditional transportation

infrastructure. In purpose, however, it is much more of a command and control

system for the nation’s air system. Aircraft can certainly fly without ATC guidance,

and many aircraft flying by visual flight rules (VFR) already do. But the airline

system could not function in its present manner without ATC.

The ATC system is strategic and is closely linked with the military ATC system.

Considerable cooperation exists between the Department of Defense (DOD) and the

ATC. Considerable thought has also been given to how the ATC system would

operate in time of war. Many of the plans developed in this process also have

application for dealing with terrorism.

The question, however, can be raised about which specific ATC facilities are

critical. The system, for example, can, and does, function with the loss of an

ARTCC. Coverage, however, is greatly reduced in the affected area and air traffic

usually slows dramatically. A long term loss of such a facility would probably

engender even further disruption and could lead to major disruptions of commerce

in the affected region. The loss of a radar or other flight tracking facility at a major

Information about the ATC in this section is from the Federal Aviation Administration.

Administrator’s Fact Book. May 2002. available at

[http://www.ama500.jccbi.gov/factbook/]

CRS-11

airport, however, at a particular moment could, depending on the circumstances, be

either inconsequential or catastrophic.

Observations

The most apparent strength of the U.S. transportation system in the face of a

terrorist threat is its redundancy. Although the transportation system is frequently

congested in urbanized areas there are usually alternative transportation routes or

facilities that come into play. There are a few instances where this is not the case and

these are probably the real “critical” pieces of transportation infrastructure. The same

is true in the other infrastructures.

Analysis

None of the definitions of what constitutes a critical infrastructure, given over

the years, could be considered rigorous. They bound the issue somewhat, but leave

plenty of room for interpreting which infrastructures fit the definition. The specific

sectors that have been listed, too, are illustrative, i.e. they have been included as

examples, but do not form an exhaustive list. Furthermore, as time goes on, the

general definition of what constitutes a critical infrastructure has expanded from

those vital to the nation’s defense and economic security and continuity of

government (EO13010), to include those vital to public health and safety (National

Plan, Version 1.0), and then again to include those vital to national morale

(Department of Homeland Security supporting document). In concert, the list of

infrastructures to be protected has expanded from those that are primarily necessary

to the function of national defense and the economy (e.g. transportation, energy,

banking and finance), to specific assets that could be used to cause massive

destruction and/or death (e.g. the production, transport, and storage of nuclear

materials, certain biological agents, and hazardous or toxic chemicals), but which

may or may not be critical elements in the nation’s defense or economy. The list

continues to expand to include those assets important to individual communities and

national monuments or icons (National Strategy for Homeland Security). Without

a more rigorous process for identifying critical infrastructure, the list may keep

changing, or growing, or there may exist multiple lists.

Should Congress care if the list of infrastructures remains fluid? One possible

issue is that a vague understanding of what constitutes a critical infrastructure could

lead to vague and diffuse policies and actions. At the very least, a growing list of

infrastructures in need of protection implies a growing commitment on the part of the

federal government. The legislation being debated and the National Strategy both

commit the federal government to interact with each critical infrastructure, to support

and maintain a database on vulnerabilities, to integrate the data base with threat

analyses, to monitor incidents on each of the infrastructures, and to release warnings

as appropriate. Just this will require time and resources. While the cost of adding

additional infrastructures to the list may be marginal, it will not be zero. The federal

government may also be asked to assist financially in affecting necessary protective

measures, not only for infrastructure owned and operated at the state or local level,

CRS-12

but also for privately owned and operated infrastructures.28 It is not yet clear the

amount of resources required or available. There will probably be a need to prioritize

effort, to allocate limited resources in a way that can minimize the impact of any

future terrorist attacks on the nation’s infrastructure. The Administration alludes to

the need to set priorities throughout the National Strategy.

Essentially, the problem facing the federal government is to minimize, with a

limited amount of resources, the expected impact on the nation’s critical

infrastructure of any future terrorist attack. Impacts could be measured in lives lost,

economic dislocations, loss of military capability, loss of national morale (measured

perhaps by polling), or some combination. Expected impacts are determined by

factoring in the likelihood of various events happening. This is important since

policy makers must balance those scenarios with a low probability of occurring, but

which, if they did occur, could be catastrophic with scenarios that are less

catastrophic, but could happen more easily.

There are a number of ways policy makers may try to prioritize their efforts. As

discussed above, some elements within a critical infrastructure are far more critical

than others. Some elements, or portions of an infrastructure, may be lightly used or

somewhat redundant. If these segments were unavailable, their loss would be an

inconvenience, but such a loss would hardly be ruinous. One option, therefore,

would be to focus on identifying the truly critical assets and doing things to harden

(or toughen) them against attack or to reduce the impact of their loss, either by

building in redundancies or through relocation or redesign (to reduce associated

hazards) over time.

Another possible way of prioritizing resource allocations is to identify

vulnerabilities or solutions that cut across more than one infrastructure. To some

extent, information systems are a common vulnerability to many of the other

infrastructures. Solutions to information system vulnerabilities could be applied

generally, whether it is establishing and implementing best practices or developing

more secure software. Another related technology that cuts across more than one

infrastructure are remote control systems. Much attention has already been focused

on the vulnerabilities of supervisory control and data acquisition systems (SCADAs)

used in energy, water, transportation, and chemical infrastructures.29

Another way is to identify interdependencies between infrastructures. None of

the infrastructures mentioned above are completely isolated from the others. Energy

production depends on transportation. Transportation depends on energy. They both

depend on information networks. Information networks depend on energy. It is

because of these interdependencies that an attack on one segment of an infrastructure

Op. cit. National Strategy. p.33-34. The Strategy states that the national infrastructure

protection plan called for by the Strategy will describe how to use all policy instruments to

raise security levels. These could include federal grants to states and localities and, perhaps,

“legislation to create incentives for the private sector to adopt security measures or invest

in improved safety technologies.”

See CRS Report RL31534, Critical Infrastructure, Remote Control Systems, and the

Terrorist Threat, by Dana Shea.

CRS-13

could have a debilitating impact on other infrastructures. Identifying and focusing

on those assets that connect one infrastructure to another may be a cost-effective way

to reduce the overall impact of an attack. The National Infrastructure Simulation and

Analysis Center, established in the USA Patriot Act,30 and slated to be transferred to

the Critical Infrastructure Protection function of the new Department of Homeland

Security, has this as one of its major tasks.

Similarly, there may be geographic locations where a number of critical assets

of one or more infrastructures are located that might warrant priority. One of the

impacts associated with the attacks on the World Trade Center was that the area

housed a number of assets associated with banking and finance, electric power, and

telecommunications, some of which had no backup assets located elsewhere. While

the impacts associated with the loss of these assets were fairly localized to lower

Manhattan, or the services were quickly reconstituted elsewhere, the issue of colocation of critical assets was not lost on people responsible for ensuring services.

Another possible way to prioritize, at least with regard to the expenditure of

federal resources, is for the federal government to focus more on those infrastructures

that are either entirely owned and operated by the government, or on those private or

local infrastructures upon which the federal government depends to carry out its

activities, or with which the federal government has a long and close working

tradition. This implies letting those infrastructures where the federal government has

not been particularly active to take primary responsibility for addressing their own

vulnerabilities and impacts.

While the definition of critical infrastructure is broad and the number of

infrastructures that are being considered critical has grown, limiting the number of

infrastructures under study a priori might miss a dangerous vulnerability. At some

point, however, priority of effort will be required. According to the National Strategy

for Homeland Security, the federal government will apply a consistent methodology

to focus its efforts on the highest priorities. The Strategy further states that a

forthcoming comprehensive national plan to protect critical infrastructure from

terrorist attacks will provide an approach for rationally balancing the costs and

benefits of increased security according to the threat. However, the Strategy gives

no indication of what these methodologies or approaches will be. Congress may

want to focus some of its attention on how the Administration proposes to set

priorities and what criteria it uses to do so.

Op. Cit. USA Patriot ACT. P.L. 107-56. Sec. 1016.

CRS-14

Appendices

What is Infrastructure?

The President’s proposal to create a Department of Homeland Security which

would, among other responsibilities, assess and develop plans for protecting

America’s critical infrastructure and key assets is focusing attention on the question

of which systems or sectors should be included.

Before “critical infrastructure” became a term of interest in the terrorism and

homeland security debate, the seemingly similar term “infrastructure” was a subject

debated by public policymakers. With no standard or agreed definition, the concept

in policy terms has been fluid, as it appears to be today, including both public and

private systems, services, and even amenities. Nearly 20 years ago, infrastructure

was debated because of concern that the nation’s public works infrastructure was

believed to be suffering from severe problems of deterioration, technological

obsolescence, and insufficient capacity to serve future growth. Unlike today’s focus

on security from physical or cyber attacks on systems, the focus of debate at that time

was the nature, extent, and severity of poor physical condition, technological

adequacy, and capacity of public works systems and about decisions by government

at all levels on spending priorities to meet physical and management needs.

Public and private reports at the time analyzed and critiqued the issue, and many

sought to define the term “infrastructure.” One of these reports, issued by the

Council of State Planning Agencies, defined the term as public service and

production facilities, which include “a wide array of public facilities and equipment

required to provide social services and support private sector economic activity.”

According to this report, infrastructure commonly included roads, bridges, water and

sewer systems, airports, ports, and public buildings, and may also include schools,

health facilities, jails, recreation facilities, electric power production, fire safety, solid

waste disposal, and telecommunications.31

In a 1983 report to Congress about policies regarding the condition of the

nation’s infrastructure, the Congressional Budget Office (CBO) analyzed seven

categories of infrastructure: highways, public transit systems, wastewater treatment

works, water resources, air traffic control, airports, and municipal water supply.

These seven systems, CBO said, “share the common characteristics of capital

intensiveness and high public investment at all levels of government. They are,

moreover, directly critical to activity in the nation’s economy.” CBO noted that “the

concept of infrastructure can be applied broadly to include such social facilities as

schools, hospitals, and prisons, and it often includes industrial capacity, as well.”32

Vaughan, Roger, and Robert Pollard. REBUILDING AMERICA, VOL. I, PLANNING AND

MANAGING PUBLIC WORKS IN THE 1980S. Council of State Planning Agencies. Washington

DC, 1984: 1-2.

U.S. Congressional Budget Office. Public Works Infrastructure: Policy Considerations

for the 1980s. April 1983: 1.

CRS-15

In a 1988 report, CBO utilized a similar but consolidated categorization of

infrastructure (highways, aviation, mass transit, wastewater treatment, and water

transportation) based on a definition that those facilities:

provide a foundation or basic framework for the national economy, and in which

federal policy plays a significant role...This definition excludes some facilities

often thought of as infrastructure–such as public housing, government buildings,

private rail service, and schools–and some environmental facilities (such as

hazardous or toxic waste sites) where the initial onus of responsibility is on

private individuals.33

Congress has on many occasions enacted legislation affecting one or more

infrastructure categories, such as surface transportation or water resources, but has

rarely done so comprehensively. During the 1980s debate about deteriorating public

works systems, Congress did enact a bill that established a National Council on

Public Works Improvement with a mandate to analyze and report to Congress and the

President on the state of public works infrastructure systems (P.L. 98-501). Title II

of that act directed the President to submit certain budgetary information on public

civilian and military capital investment programs in the annual budget transmittal.

The coverage of this analysis was to be broad. According to the legislation, it was

to include “any physical asset that is capable of being used to produce services or

other benefits for a number of years” and was to include but not be limited to

“roadways or bridges; airports or airway facilities; mass transportation systems;

wastewater treatment or related facilities; water resources projects; hospitals;

resource recovery facilities; public buildings; space or communication facilities;

railroads; and federally assisted housing.”34

The Council established by P.L. 98-501 provided yet another definition of

infrastructure and included nine categories of systems in its analyses: highways,

streets, roads, and bridges; airports and airways; public transit; intermodal

transportation (the interface between modes); water supply; wastewater treatment;

water resources; solid waste; and hazardous waste services. These categories, the

Council said, have strong links to economic development and generally have a

tradition of public sector involvement. Facilities have high fixed costs and long

economic lives. Taken as a whole, according to the Council, the services that they

provide “form the underpinnings of the nation’s defense, a strong economy, and our

health and safety.”35

Since the 1980s, policymakers’ attention has largely moved away from

considering the infrastructure issue comprehensively and as it was framed during that

earlier period. Legislative proposals generally have addressed meeting the needs of

individual sectors and defining the federal government’s role, especially concerning

U.S. Congressional Budget Office. New Directions for the Nation’s Public Works.

September 1988: xi-xii.

P.L. 98-501, sec. 203.

National Council on Public Works Improvement. Fragile Foundations: A Report on

America’s Public Works, Final Report to the President and Congress. Washington D.C.

February 1988: 33.

CRS-16

financing. As discussed in this report, the term “critical infrastructure” evolved more

recently, and it occurred separately from policies affecting more specific

infrastructure issues such as highways and airports. Nonetheless, many of the

definitional phrases from the 1980s’ debate about infrastructure–that which is

“directly critical to activity in the nation’s economy” and forms “the underpinnings

of the nation’s defense”–are echoed in today’s discussion of assessing infrastructures

and assets that are critical to homeland security.

How the Criteria and Components of Critical Infrastructure

Have Expanded Over Time

The table below illustrates how the criteria and components of critical

infrastructure have expanded over time. As discussed in the body of this report, for

an infrastructure to be judged critical it must be vital to one or more broad national

functions. That set of functions has expanded over time, beginning with national

defense and economic security, to include public health and safety, and then national

morale. This expansion is noted horizontally, from left to right, in the table below.

Similarly, the components (or sectors) that have been identified specifically as critical

infrastructures has expanded. The expansion of this list is depicted vertically, from

top to bottom, in the table below.

The cross-referencing marks, “x”, are only meant to be illustrative, and

generally coincide with when the specific infrastructure appears on a list. For

example, the chemical industry was not on any list of critical infrastructures when the

criteria were limited to being vital to national or economic security. It appeared after

September 11, 2001, when attention shifted from the more strategic thinking of

earlier policy deliberations to the more immediate concern of preventing large single

event casualties (more a public health and safety concern). That is not to say that the

chemical industry, as a whole, is not an important element in the U.S. economy or

that there may not be a unique facility whose loss of operations might have a ripple

effect through the economy.

CRS-17

Table 1. What Constitutes Critical Infrastructure Over Time

Infrastructure

Criteria for Being Considered Critical. Vital to ....

national

defense

economic

security

telecommunications

information networks

energy

banking/finance

transportation

public health

and safety

water

emergency services

government

health services

national defense

foreign intelligence

law enforcement

foreign affairs

nuclear facilities, in

addition to power

plants

special events

food/agriculture

manufacturing

chemical

defense industry

postal/shipping

national monuments

icons

national

morale

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.