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              Congressional
            SResearch Service
               informing the IegisI tive debate since 1914___________________




COVID-19: State and Local Shut-Down

Orders and Exemptions for Critical

Infrastructure



March 23, 2020


Since the onset of the Coronavirus Disease 2019 (COVID-19) pandemic in the United States, public
officials have issued numerous emergency directives closing non-essential businesses and facilities and
instructing non-essential workers to stay home. However, these directives have generally included
exemptions for essential businesses and other facilities if they are part of a critical infrastructure sector or
provide essential services.
Some business leaders have invoked federal authorities and guidelines when contesting state or local
orders that would affect their operations. Uncertainty about what systems, assets, and facilities are part of
a federally recognized critical infrastructure sector, and what (if any) official status is conferred to a
company that is a participant in such a sector, may complicate both administration of emergency
directives and impact private-sector management of critical infrastructures and workforces.
This Insight provides an overview of the federal critical infrastructure protection and resilience policy
framework and discusses its relevance and potential application to the management of essential systems,
assets, facilities, and workforces subject to state and local emergency orders.


Critical Infrastructure Designations and Workforce

Management Decisions

The White House Coronavirus Guidelines for America, released on March 16, stated that those working
in a critical infrastructure industry as defined by the Department of Homeland Security (DHS) had a
special responsibility to maintain their normal work schedules. DHS currently recognizes 16 critical
infrastructure sectors in manufacturing, emergency services, government, basic utilities, and other areas.
On March  19, DHS, through the Cybersecurity and Infrastructure Security Agency (CISA), issued
additional guidelines and a list of critical infrastructure occupations to assist state and local authorities in
identifying critical infrastructure assets, facilities, and workforces during the COVID-19 crisis.

                                                               Congressional Research Service
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CRS INSIGHT
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