Critical Infrastructure Protection and Federal Statutory Authority for the Departments of Homeland Security and Defense to Perform Two Key Tasks
Abstract
The fields of study are national security, critical infrastructure protection, homeland security and defense, government, public policy, and law. The research question is whether the Departments of Homeland Security (DHS) and Defense (DOD) have federal statutory authority to perform two tasks key to protect critical infrastructure: establish standards and physically protect and secure infrastructure when an owner fails to do so. Such authority is lacking. The federal government has constitutional authority for national security. The federal government identified critical infrastructure protection as vital, to be achieved through public-private partnership. This survey of federal statutes relevant to physical critical infrastructure reveals a lack of strategic, integrated authority to implement needed measures when others fail to act. The DHS has assessed homeland security and promoted public-private partnership for years. To ensure that critical infrastructure is protected, the DHS needs further statutory authority. The DHS and the DOD need certainty about working together, especially in a crisis. The federal statutory framework needs to be commensurate with constitutional authority and responsibility for national security so as to lessen gaps between lofty goals mandated for these departments and reasonable actionable authority to accomplish their missions.
Document Details
- Document Type
- Technical Report
- Publication Date
- Apr 13, 2017
- Accession Number
- AD1039175
Entities
People
- Patricia Ladnier
Organizations
- School of Advanced Military Studies