Skip to content
The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Manufacturing

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 374 instruments cited; 366 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?industry=10&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: industry Manufacturing. Quarters: second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020), third quarter of 2020 (July 1, 2020 to Sept. 30, 2020), fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020), first quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021), second quarter of 2021 (Apr. 1, 2021 to June 30, 2021) and third quarter of 2021 (July 1, 2021 to Sept. 30, 2021). Options: the federal layer, agencies and boards, standing duties, group meetings and trade shows and the Service's fourteen sentences answered.

This report is a record of the governmental orders and related instruments that The COVID Project has retrieved, verified and indexed for the State, metropolitan area, industry and calendar quarters selected. Each instrument appears with its issuer, its number and title, its dates, the quarters in which it was in force, the functions of a business it reached, its operative words, its enforcement provision, a citation and an exhibit identifier. Every exhibit identifier resolves to the instrument's record at covidproject.com/library, and to the exhibit file, where held, at covidproject.com/exhibit.

The report is assembled from public governmental instruments, published organizer notices, published legal authorities and public court filings, and it reports what those documents say and when they were in force. It lists the instruments The COVID Project has verified and no others, so every count in it is a floor. It is not a filing, and it does not determine any person's eligibility for the Employee Retention Credit.

The report reproduces at covidproject.com/report?industry=10&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1. Every exhibit identifier in it resolves at covidproject.com/library/ followed by the identifier, and the exhibit file, where held, at covidproject.com/exhibit/ followed by the identifier.

Disclaimer

The COVID Project is a free public reference. This report is generated from public governmental instruments, published organizer notices, published legal authorities and public court filings that The COVID Project has retrieved and indexed; it reports what those documents say and when they were in force. It is not legal, tax or accounting advice, it does not create any professional relationship, it does not determine any person's eligibility for the Employee Retention Credit or the amount of any credit, and it is not a count of every order that existed. The COVID Project sells nothing and represents no one. Errors in any record can be reported through covidproject.com/contact with the exhibit identifier, and corrections are recorded with their dates.

2. Summary of findings

For each quarter selected, this section states what was in force for this selection on the quarter's first and last days, in the words of the Library's own quarter-by-quarter record for the State, the metropolitan area, the industry's regulators and the federal layer. Exhibit identifiers in parentheses name the instruments. The table that follows counts the instruments listed in section 5 by layer and quarter.

The federal layer of this report is the Library's two federal files: FED-A, the health, safety and transport layer, and FED-B, the commerce, travel, workplace and finance layer, including the orders of the federal courts those files hold. The ecosystem clusters and the federal agency clusters are listed in the Library's federal layer at covidproject.com/federal and are not part of this report's federal layer; a quarter page counts every federal-level instrument of the quarter across those clusters as well, so its figure is the larger of the two.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Manufacturing (the industry's regulators, nationally), first day (Apr. 1, 2020): Mar. 13/Apr. 1, 2020: non-essential manufacturing closed or reduced to minimum basic operations in MI (EO 2020-21, MI-011), PA (Mar. 19 orders, PA-002/003/004), NY (EO 202.8; SEC-10-026 list), IL (SEC-10-034), WA (Proc. 20-25), MN (EO 20-20), MA (Order 13), WI (EMO 12), VT, KY (SEC-10-050), OH, HI, DE, CO, NM, NV, CA and others; NJ telework/minimum-staff mandate (SEC-10-023); DPA EOs 13909/13910/13911 and the GM/3M/ventilator orders (SEC-10-001..003, 010..013); FEMA export rule from Apr. 7, 2020 (SEC-10-004)

Manufacturing (the industry's regulators, nationally), last day (June 30, 2020): June 30, 2020: manufacturing restarted under mandatory safeguards in every closure State (MI EO 2020-77 § 11(k) and EO 2020-91 § 4; NJ EO 122; MN EO 20-40/20-56; KY SEC-10-051; MA SEC-10-046; IL EO 2020-43 from June 26; NY Phase 1 interim guidance); statewide mask orders beginning (NV June 26; WA June 26; VA May 29; PA July 1); FEMA export rule in force; EO 13917 in force

The federal health, safety and transport layer, first day (Apr. 1, 2020): Apr. 1, 2020: national emergency (FED-001), nationwide Stafford emergency (FED-006) and major disasters declared for 28 States and the District of Columbia on or before Apr. 1, 2020 (29 of 51 jurisdictions; No Sail Order (FED-027); Title 42 order (FED-034, FED-039); DPA EOs 13909-13911 and scarce-materials designation (FED-070 to FED-074); FFCRA leave mandate operational (FED-170, FED-171); CMS-1744-IFC (FED-090), QSO-20-13, -14, -18, -12, -20 (FED-096 to FED-099, FED-164); § 1135 blanket waivers (FED-160); HHS telehealth enforcement discretion (FED-194); 30 Days to Slow the Spread guidance (FED-191, context); CMS elective-procedure recommendations (FED-158, context).

The federal health, safety and transport layer, last day (June 30, 2020): June 30, 2020: all of the above plus FEMA PPE export rule (FED-075, from Apr. 7) with exemptions (FED-076); EO 13917 meat and poultry (FED-073); No Sail extension (FED-028); Title 42 amended and indefinite (FED-036); CMS-5531-IFC weekly nursing-home reporting (FED-091, FED-161); QSO-20-30-NH reopening recommendations (FED-157); QSO-20-31-All (FED-165); Opening Up America Again guidance (FED-192, context); PHE renewed Apr. 26 (FED-011).

The federal commerce, travel, workplace and finance layer, first day (Apr. 1, 2020): In force: Proclamations 9984, 9992, 9993, 9996 (Exs. FED-200 to FED-203); DHS land-border closures to non-essential travel, Canada and Mexico (Exs. FED-216, FED-239, through Apr. 20, then FED-217, FED-240); OMB M-20-16 maximum telework and curtailment of in-person federal functions (Ex. FED-264) and M-20-18 contractor telework (FED-266); DoD stop-movement (Exs. FED-281, then FED-282 from Apr. 20); DOS suspension of routine visa services (FED-327) and the H-2 interview-waiver regime (FED-319); USCIS offices closed (FED-324); Interior on telework (FED-386); national parks, BLM sites, Hoover Dam, USACE areas and the Smithsonian closed (FED-387 to FED-393); Supreme Court closed to the public with the March session postponed (FED-290 to FED-292); Judicial Conference CARES Act finding (FED-295); jury trials suspended in N.D. Cal. (FED-317), N.D. Ill. (FED-338), D. Md. (FED-312), N.D. Ga. (FED-316 recites GO 20-01 of Mar. 16), C.D. Cal. courthouses closed (FED-284), Ninth Circuit courthouses closed (FED-279), Fifth Circuit (FED-286); CARES Act §§ 4022-4024 statutory moratoria (FED-340); FHFA, HUD and VA 60-day moratoria from Mar. 18 (FED-346, FED-356, FED-368, FED-369); interagency loan-modification statement (FED-342); 15/30 Days to Slow the Spread guidance (FED-396).

The federal commerce, travel, workplace and finance layer, last day (June 30, 2020): In force: Proclamations 9984, 9992, 9993, 9996, 10041 (from May 26), 10014 (from Apr. 23) and 10052 (from June 24) (FED-200 to FED-204, FED-210, FED-211); DHS land-border notifications of June 24, 2020 through July 21 (FED-219, FED-242); OMB/OPM M-20-23 gating period with maximum telework (FED-268); DoD conditions-based travel restrictions (FED-283); DOS routine visa services still suspended (FED-327; resumption began July 15); USCIS reopened June 4 under mask and screening conditions (FED-325); premium processing resumed June 1 (FED-326); H-2A temporary rule (FED-320) and H-2B rule (FED-321); N.D. Cal. General Order 72-4 (no new civil jury trials through Sept. 30, 2020) and General Orders 73, 75, 77 (FED-331, FED-334 to FED-336); N.D. Ill. Fourth Amended GO 20-0012 (May 26, 2020) and the D. Colo., D.N.J., D. Md. and N.D. Ga. continuances (FED-288, FED-302, FED-316); C.D. Cal. face-covering order (FED-285); FHFA, HUD and VA moratoria extended to Aug. 31, 2020 on June 17-18 (FED-348, FED-359, FED-371, FED-372); CARES Act § 4024 eviction moratorium (to July 24) and § 4022 forbearance (FED-340); CFPB interim final rule effective July 1 (FED-343); H.Res. 965 proxy voting (FED-398).

Third quarter of 2020 (July 1, 2020 to Sept. 30, 2020)

Manufacturing (the industry's regulators, nationally), first day (July 1, 2020): July 1, 2020: restart safeguards in force (MI, NJ, KY, MA, IL, NY, MN, PA Worker Safety Order); VA ETS effective July 27; mask orders in most States; IL venues capped at 50 (SEC-10-037); FEMA export rule extended Aug. 10 (SEC-10-008)

Manufacturing (the industry's regulators, nationally), last day (Sept. 30, 2020): Sept. 30, 2020: same, plus MI EO 2020-184 workplace safeguards (to Oct. 2), NV Directive 033 (Oct. 1), PA mitigation (telework 'unless not possible'), NY EO 205 travel quarantine, tri-State and other travel quarantines reaching TR/EV

The federal health, safety and transport layer, first day (July 1, 2020): July 1, 2020: national emergency, Stafford declarations, PHE (FED-011); No Sail (FED-028, then FED-029 from July 16); Title 42 (FED-036); FEMA PPE export rule (FED-075/076); DPA orders; FFCRA mandate and 29 C.F.R. part 826 (FED-170/171); CMS rules FED-090, FED-091 and QSOs; § 1135 waivers; EO 13945 from Aug. 8 (FED-066).

The federal health, safety and transport layer, last day (Sept. 30, 2020): Sept. 30, 2020: PHE renewed July 25 (FED-012); No Sail third extension (FED-030); Title 42 (FED-036); FEMA PPE rule as extended Aug. 10 (FED-077); CDC eviction moratorium from Sept. 4 (FED-022); CMS-3401-IFC nursing-home testing from Sept. 2 (FED-092) with QSO-20-38-NH (FED-168); QSO-20-39-NH visitation from Sept. 17 (FED-154); revised FFCRA rule from Sept. 16 (FED-172); QSO-20-35-ALL (FED-166).

The federal commerce, travel, workplace and finance layer, first day (July 1, 2020): In force: all seven entry proclamations (FED-200 to FED-204, FED-210 to FED-212); DHS land-border notifications of June 24 (to July 21) then July 22, Aug. 21 and Sept. 23, 2020 (FED-219 to FED-222, FED-242 to FED-245); M-20-23 maximum telework at agency discretion (FED-268); DoD conditions-based travel restrictions and the June 29, 2020 update (FED-283); N.D. Cal. GO 72-4 (civil jury trials through Sept. 30, 2020; limited criminal trials from July 1) (FED-331); N.D. Ill. Fifth Amended GO 20-0012 (July 10) (FED-338 series); N.D. Ga. GO 20-01 Fourth Amendment (no jury trials through July 31) (FED-316); D. Colo. GO 2020-8 (trials continued through July 6) (FED-288); D.N.J. and D. Md. continuances; C.D. Cal. masks (FED-285); FHFA/HUD/VA moratoria to Aug. 31 (FED-348, FED-359, FED-371, FED-372); CARES § 4024 to July 24 (FED-340); DOS phased resumption from July 15 (FED-328); USDA Service Centers by phone appointment (FED-391); USACE areas reopening location by location (FED-393).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2020): In force: the entry proclamations; DHS notification of Sept. 23, 2020 (to Oct. 21) (FED-222, FED-245); M-20-23 (FED-268); DoD conditions-based restrictions (FED-283); N.D. Cal. GO 72-6 (Sept. 16: courthouses closed to public events; remote appearances) (FED-333); N.D. Ill. Sixth Amended GO 20-0012 (Sept. 4); FHFA moratoria to Dec. 31 (Aug. 27) (FED-349), HUD ML 2020-27 (Aug. 27) (FED-360), VA Circulars 26-20-29 and 26-20-30 (Aug. 24) (FED-373, FED-374); EO 13945 (FED-A) and the student-loan payment relief memorandum (Aug. 8) (FED-345); H-2A partial extension (Aug. 20) (FED-322); the CDC eviction order (FED-A) from Sept. 4.

Fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020)

Manufacturing (the industry's regulators, nationally), first day (Oct. 1, 2020): Oct. 1, 2020: MI MDHHS orders from Oct. 5 and MIOSHA emergency rules from Oct. 14; VA ETS; OR rule Nov. 16 (SEC-10-054); CA ETS Nov. 30 (SEC-10-041 recitals); NJ EO 192 Nov. 5 (SEC-10-021); IL Tier 3 Nov. 20 (SEC-10-038); PA Nov. 23 mitigation; MN EO 20-99 Nov. 20; FEMA export rule extended Dec. 31 (SEC-10-009)

Manufacturing (the industry's regulators, nationally), last day (Dec. 31, 2020): Dec. 31, 2020: all of the foregoing in force; CA Regional Stay at Home in three regions; NV Statewide Pause; MI Pause to Save Lives (to Jan. 15, 2021)

The federal health, safety and transport layer, first day (Oct. 1, 2020): Oct. 1, 2020: national emergency, Stafford declarations, PHE (FED-012; renewed Oct. 23, FED-013); No Sail (FED-030) to Oct. 31 then Conditional Sailing Order from Oct. 30 (FED-031); Title 42 order of Oct. 13 (FED-037) under the final rule (FED-048); FEMA PPE rule (FED-077); CDC eviction moratorium (FED-022); FFCRA mandate (to Dec. 31); CMS-3401-IFC testing; CMS-9912-IFC from Nov. 2 (FED-093); DPA orders.

The federal health, safety and transport layer, last day (Dec. 31, 2020): Dec. 31, 2020: all of the above; FEMA PPE rule re-extended Dec. 31 to June 30, 2021 (FED-078); CDC eviction moratorium extended by Pub. L. 116-260 § 502 to Jan. 31, 2021 (FED-173); UK pre-departure testing order from Dec. 28 (FED-040); FFCRA leave mandate expires this day (FED-170); Pfizer and Moderna EUAs Dec. 11 and 18 (FED-185, FED-186, context).

The federal commerce, travel, workplace and finance layer, first day (Oct. 1, 2020): In force: the entry proclamations; DHS notification of Sept. 23 (to Oct. 21), then Oct. 22, Nov. 23 and Dec. 22, 2020 (FED-222 to FED-225, FED-245 to FED-248); M-20-23 (FED-268); DoD Oct. 5, 2020 conditions-based update (FED-283); N.D. Cal. GO 72-6 and GO 73 (FED-333, FED-334); N.D. Ill. Sixth Amended GO 20-0012; D.N.J. Standing Orders 20-12 (extended Sept. 2020), 20-13, 20-14, 20-16 (FED-302); C.D. Cal. masks (FED-285); FHFA/HUD/VA moratoria to Dec. 31, 2020 (FED-349, FED-360, FED-373, FED-374); CARES § 4022 forbearance (FED-340).

The federal commerce, travel, workplace and finance layer, last day (Dec. 31, 2020): In force: the entry proclamations, with Proclamation 10131 (Dec. 31) extending 10014 and 10052 to Mar. 31, 2021 (FED-213); DHS notification of Dec. 22, 2020 (to Jan. 21, 2021) (FED-225, FED-248); M-20-23 (FED-268); DoD conditions-based restrictions (FED-283); N.D. Ill. Eighth Amended GO 20-0012 (Nov. 13: all jury trials suspended until further order) (FED-339); D.N.J. Standing Order 20-17 (Nov. 25: all in-person proceedings suspended through Jan. 31, 2021) and the Third Extension of SO 20-12 (Dec. 17) (FED-303, FED-304); N.D. Cal. GO 72-6 (FED-333); FHFA moratoria to Jan. 31, 2021 (Dec. 2) (FED-350); HUD ML 2020-43 to Feb. 28, 2021 (Dec. 17) (FED-361); VA Circular 26-20-40 to Feb. 28, 2021 (Dec. 28) (FED-375); USDA extension (FED-382); H-2A extension (Dec. 18) (FED-323).

First quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021)

Manufacturing (the industry's regulators, nationally), first day (Jan. 1, 2021): Jan. 1, 2021: VA ETS (permanent standard Jan. 27, SEC-10-043), OR rule, CA ETS, MIOSHA rules, NJ EO 192, IL Tier 3/Tier 2 (to Feb.), PA mitigation (telework), MN EO 21-01, CDC conveyance order from Feb. 1 (FED-020), entry proclamations (P. 10143 Jan. 25), land-border notices, OSHA NEP Mar. 12 (SEC-10-014)

Manufacturing (the industry's regulators, nationally), last day (Mar. 31, 2021): Mar. 31, 2021: VA, OR, CA standards; MIOSHA rules; NJ EO 192; PA telework lifted Apr. 4; MN caps; TX GA-34 (Mar. 10) ended TX regime; CDC/TSA; NEP

The federal health, safety and transport layer, first day (Jan. 1, 2021): Jan. 1, 2021: national emergency, Stafford declarations, PHE (FED-013; renewed Jan. 21, FED-014); Conditional Sailing Order (FED-031); Title 42 (FED-037); FEMA PPE rule (FED-078); CDC eviction moratorium (statutory extension, then FED-023 from Jan. 31); UK testing order (FED-040); CMS rules and testing; DPA orders. FFCRA mandate no longer in force (voluntary credits only, FED-173).

The federal health, safety and transport layer, last day (Mar. 31, 2021): Mar. 31, 2021: all of the above plus EO 13991 (Jan. 20, FED-060), EO 13998 and 13999 (Jan. 21, FED-061, FED-062); global inbound testing order from Jan. 26 (FED-041/042); DHS transportation emergency determination Jan. 27 (FED-057); CDC conveyance mask order from Feb. 1 (FED-020) and TSA SDs from Feb. 1 (FED-050, FED-053 to FED-055); national emergency continued Feb. 24 (FED-002); Janssen EUA Feb. 27 (FED-187, context); OSHA NEP from Mar. 12 (FED-082); QSO-20-39-NH rev. Mar. 10 (FED-155); ARPA enacted Mar. 11 (FED-174); CDC eviction moratorium extended Mar. 29 to June 30 (FED-024).

The federal commerce, travel, workplace and finance layer, first day (Jan. 1, 2021): In force: Proclamations 9984, 9992, 9993, 9996, 10041, 10014, 10052 (as extended by 10131) (FED-200 to FED-204, FED-210 to FED-213); DHS notification of Dec. 22, 2020 (FED-225, FED-248), corrected Jan. 19 and renewed Jan. 19 (to Feb. 21), Feb. 23 (to Mar. 21) and Mar. 19, 2021 (to Apr. 21) (FED-226 to FED-229, FED-249 to FED-252); M-20-23 (FED-268) until EO 13991 (Jan. 20) and M-21-15 (Jan. 24: 25 percent occupancy cap, masks, visitor minimization, mission-critical travel only) (FED-270); DoD conditions-based restrictions (FED-283); N.D. Ill. Eighth then Ninth (Jan. 12) and Tenth Amended GO 20-0012 (Feb. 12: jury trials suspended until Apr. 5, 2021) (FED-339, FED-296); D.N.J. SO 21-02 (January: in-person proceedings suspended to Mar. 17, jury trials to Mar. 12) and SO 21-04 (Mar. 11: jury trials continued to June 1, 2021) (FED-305, FED-306); N.D. Cal. GO 72-6 (FED-333); C.D. Cal. masks (FED-285); FHFA moratoria to Jan. 31 then Feb. 28 (Jan. 19), Mar. 31 (Feb. 9) and June 30, 2021 (Feb. 25) (FED-350 to FED-353); HUD ML 2021-03 (Jan. 21: to Mar. 31) and 2021-05 (Feb. 16: to June 30) (FED-362, FED-363); VA Circulars 26-21-2 (Jan. 29: to Mar. 31) and 26-21-5 (Feb. 16: to June 30) (FED-376, FED-377); USDA extensions (FED-382).

The federal commerce, travel, workplace and finance layer, last day (Mar. 31, 2021): In force: Proclamations 9984, 9992 and 10143 (from Jan. 26, with South Africa from Jan. 30) (FED-207); Proclamation 10052 expired at the end of this day (FED-211); Proclamation 10014 revoked Feb. 24 (FED-214); DHS notification of Mar. 19, 2021 (to Apr. 21) (FED-229, FED-252); EO 13991 and M-21-15 (FED-270); DoD Mar. 15, 2021 memorandum (until further notice) (FED-280); N.D. Ill. Tenth Amended GO 20-0012 (jury trials suspended until Apr. 5) (FED-296); D.N.J. SO 21-04 (jury trials continued to June 1) (FED-306); N.D. Cal. GO 72-6 and 73 (FED-333, FED-334); C.D. Cal. masks (FED-285); FHFA, HUD and VA moratoria to June 30, 2021 (FED-353, FED-363, FED-377); H-2A flexibilities (FED-323).

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Manufacturing (the industry's regulators, nationally), first day (Apr. 1, 2021): Apr. 1, 2021: VA, OR (permanent May 4, SEC-10-055), CA (readopted June 17), MIOSHA (extended Apr. 13 to Oct. 14, 2021, SEC-10-024), NJ EO 192, MN Preparedness Plans, IL Bridge/Phase 4, NY HERO Act enacted May 5 (SEC-10-029); CDC/TSA; entry/border; NEP

Manufacturing (the industry's regulators, nationally), last day (June 30, 2021): June 30, 2021: VA, OR, CA standards; FEMA export rule expired June 30; MIOSHA and MDHHS rescinded June 22; NJ EO 192 rescinded June 4 (SEC-10-022); PA masks ended June 28; IL Phase 5 June 11; WA capacity ended June 30; MN plans ended June 30; CDC/TSA; entry/border; NEP

The federal health, safety and transport layer, first day (Apr. 1, 2021): Apr. 1, 2021: national emergency (FED-002), Stafford declarations, PHE (FED-014; renewed Apr. 21, FED-015); CDC conveyance mask order (FED-020) and TSA SDs (FED-050 series); inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 (FED-037); FEMA PPE rule (FED-078); CDC eviction moratorium (FED-024); EO 13991; OSHA NEP (FED-082); CMS testing and reporting rules; DPA orders.

The federal health, safety and transport layer, last day (June 30, 2021): June 30, 2021: all of the above plus TSOB ratification Apr. 20 (FED-056); TSA SD -01A from May 12 (FED-051); QSO-20-39-NH rev. Apr. 27 (FED-156); CSO Technical Instructions (FED-032); CMS-3414-IFC from May 21 (FED-094) with QSO-21-19-NH (FED-163); OSHA Healthcare ETS effective June 21 (FED-080) with DIR 2021-02 from June 28 (FED-081); CDC eviction moratorium extended June 24 to July 31 (FED-025). FEMA PPE export rule expires this day (FED-078/079).

The federal commerce, travel, workplace and finance layer, first day (Apr. 1, 2021): In force: Proclamations 9984, 9992, 10143 (FED-200, FED-201, FED-207); DHS notification of Mar. 19 (to Apr. 21), then Apr. 22 (to May 21), May 24 (to June 21) and June 23, 2021 (to July 21) (FED-229 to FED-232, FED-252 to FED-255); EO 13991 and M-21-15 occupancy cap and masks until June 10 (FED-270); DoD Mar. 15, 2021 restrictions (FED-280); N.D. Ill. GO 21-0006 (Feb. 17, 2021) plan for resumption of jury trials, amended May 26 with vaccination-or-testing conditions (FED-297); D.N.J. SO 21-04 (jury trials to June 1) (FED-306); N.D. Cal. GO 72-6 and 73 (FED-333, FED-334); C.D. Cal. masks (FED-285); FHFA, HUD, VA and USDA moratoria to June 30, 2021 (FED-353, FED-363, FED-377, FED-382).

The federal commerce, travel, workplace and finance layer, last day (June 30, 2021): In force: Proclamations 9984, 9992, 10143 and 10199 (India, from May 4) (FED-207, FED-208); DHS notification of June 23, 2021 (to July 21) (FED-232, FED-255); EO 13991 with M-21-25 (June 10: occupancy cap lifted; reentry plans due July 19; 30 days' notice) (FED-271); DoD Mar. 15, 2021 restrictions (FED-280); N.D. Ill. GO 21-0006 as amended May 26 and Fifth Amended GO 20-0022 (June 21: video criminal proceedings to Oct. 4, 2021) (FED-297, FED-301); D. Md. Amended Standing Order 2021-07 (effective July 1) (FED-313); N.D. Cal. GO 78 (June 23, effective July 1) (FED-337); C.D. Cal. masks (FED-285); D.N.J. SO 20-13 masks and 21-04 as amended (FED-302, FED-307); FHFA, HUD, VA and USDA moratoria extended June 24-25 to July 31, 2021 (FED-354, FED-364, FED-378, FED-384); HUD and VA forbearance windows to Sept. 30, 2021 (FED-364, FED-378); CFPB final rule issued June 28 (effective Aug. 31) (FED-344).

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Manufacturing (the industry's regulators, nationally), first day (July 1, 2021): July 1, 2021: CA ETS (SEC-10-041); OR OAR 437-001-0744 (SEC-10-055); VA 16VAC25-220 (SEC-10-043); RI workplace mask order (to July 6); HI indoor masks; NY HERO Act standard published July 6 (plans due Aug. 5); CDC conveyance order (FED-020) and TSA SD 1582/84-21-01A (FED-051); entry proclamations; land-border notices; OSHA NEP DIR 2021-03 July 7 (SEC-10-015); HHS PHE renewal July 19 (FED-016); Safer Federal Workforce rules July 29

Manufacturing (the industry's regulators, nationally), last day (Sept. 30, 2021): Sept. 30, 2021: CA ETS; OR rule with masking renewed Aug. 13 (SEC-10-056) and Sept. 16 amendment (SEC-10-057); VA standard as amended Sept. 8; NY HERO Act designation of Sept. 6 (SEC-10-031) activating every employer's plan; WA SOH 20-03.4 (Aug. 23; SEC-10-070 recitals); IL EO 2021-20 (Aug. 30; SEC-10-036); NV Directive 047 (July 30); HI; OR OAR 333-019-1025 (Aug. 13); county and city mask orders (LA County July 17; Bay Area Aug. 3; Philadelphia Aug. 12; St. Louis July 26; New Orleans Aug. 4; Mecklenburg Aug. 18; Boston Aug. 27); school mask orders (WF); CDC/TSA -01B (Sept. 14); entry proclamations; land-border notices (Sept. 20 extension to Oct. 21); EO 14042 (Sept. 9; FED-063) and Task Force contractor guidance (Sept. 24)

The federal health, safety and transport layer, first day (July 1, 2021): July 1, 2021: national emergency (FED-001/002), nationwide Stafford emergency and all 51 major disasters (FED-006, FED-100 to FED-150), PHE (FED-015); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01A and aviation successors (FED-051, FED-053 to FED-056); inbound testing order (FED-042); Conditional Sailing Order and Technical Instructions (FED-031/032); Title 42 order of Oct. 13, 2020 (FED-037); CDC eviction moratorium to July 31 (FED-025); EO 13991, 13998, 13999 (FED-060 to FED-062); DHS transportation emergency (FED-057); DPA delegations and scarce-materials designation (FED-070 to FED-074); OSHA Healthcare ETS with compliance due July 6 and July 21 (FED-080), DIR 2021-02 (FED-081), NEP DIR 2021-01 (FED-082, to July 7); CMS-1744/5531/3401/9912/3414-IFC (FED-090 to FED-094), QSO-20-38-NH (FED-168), QSO-20-39-NH rev. Apr. 27, 2021 (FED-156), QSO-21-19-NH (FED-163), QSO-20-13, -18, -20, -29, -31, -35 (FED-096, FED-098, FED-099, FED-161, FED-165, FED-166); § 1135 blanket waivers (FED-160); PREP Act and § 564 declarations (FED-180 to FED-184); HHS telehealth enforcement discretion (FED-194); FEMA 100 percent cost-share memoranda (FED-007/008).

The federal health, safety and transport layer, last day (Sept. 30, 2021): Sept. 30, 2021: national emergency and Stafford declarations; PHE renewed July 20 (FED-016); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01B from Sept. 14 (FED-052) with aviation successors; inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 reassessment order of Aug. 2 (FED-038); EO 13991, 13998, 13999; EO 14042 and 14043 signed Sept. 9 (FED-063, FED-064; no private-contractor obligation before Oct. 15, 2021); DHS transportation emergency; DPA delegations; OSHA Healthcare ETS in full effect (FED-080), DIR 2021-02 (FED-081), revised NEP DIR 2021-03 from July 7 (FED-083), Updated Interim Enforcement Response Plan (FED-084); CMS rules FED-090 to FED-094, FED-160, FED-168, FED-156, FED-163; presidential memorandum of Aug. 17 (FED-009); telehealth discretion (FED-194). Not in force on this day: the CDC eviction moratorium (ended July 31; successor Aug. 3-26, FED-026), the FEMA PPE export rule (expired June 30), the FFCRA mandate (ended Dec. 31, 2020), the OSHA vaccination-or-testing ETS and CMS staff vaccination rule (issued Nov. 5, 2021), the CDC orders of Oct. 25, 2021.

The federal commerce, travel, workplace and finance layer, first day (July 1, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (FED-200, FED-201, FED-207, FED-208); DHS land-border notification of June 23, 2021 (non-essential travel prohibited; to July 21) (FED-232, FED-255); EO 13991, M-21-15 (other than occupancy) and M-21-25 reentry planning (FED-270, FED-271); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. GO 21-0006 (amended May 26) and Fifth Amended GO 20-0022 (FED-297, FED-301); D.N.J. SO 20-13 (masks) and SO 21-04 as amended (FED-302, FED-306); D. Md. Amended SO 2021-07 (FED-313); N.D. Cal. GO 78 (FED-337); C.D. Cal. Order 20-078 (masks) (FED-285); finance: FHFA, HUD, VA and USDA foreclosure and eviction moratoria through July 31, 2021 (FED-354, FED-364, FED-378, FED-384); CARES Act § 4022 forbearance (FED-340); HUD and VA forbearance request windows to Sept. 30, 2021 (FED-364, FED-378); interagency loan-modification statement and CARES § 4013 relief (FED-342); student-loan payment pause (FED-345); H.Res. 965 (FED-398).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (revoked only on Nov. 8, 2021) (FED-209); DHS land-border notification of Sept. 22, 2021 (to Oct. 21; non-essential travel still prohibited) (FED-235, FED-258); EO 13991 with the Task Force Model Safety Principles of July 29, 2021 (masks regardless of vaccination status in substantial/high-transmission areas; vaccination attestation; visitor vaccination-status disclosure; agency-head approval for events over 50) (FED-272), the Certification of Vaccination form (FED-278), the Sept. 13 update (FED-273), EO 14042 and EO 14043 (Sept. 9) (FED-A), the contractor guidance (Sept. 24) and OMB determination (Sept. 28) (FED-274, FED-275); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. Third Amended face-covering order (July 30), Amended GO 21-0006 (Sept. 15, effective Sept. 20: vaccination or testing for courtroom presence), GO 21-0033 (Sept. 20: employee and contractor vaccination) and Fifth Amended GO 20-0022 (video criminal proceedings to Oct. 4) (FED-299, FED-298, FED-300, FED-301); D.N.J. Updated Amended SO 21-04 (Sept. 3: one jury selection per vicinage; universal masks; temperature screening) and SO 21-08 (Sept. 13: visitor vaccination or testing) with SO 20-13 masks (FED-307, FED-308, FED-302); D. Md. Amended SO 2021-07 entry exclusions (FED-313); N.D. Cal. GO 78 protocols and remote criminal proceedings (FED-337); C.D. Cal. Order 20-078 masks (until Oct. 1, 2021) (FED-285); finance: FHFA REO eviction moratorium, VA Circular 26-21-14 foreclosure-related eviction moratorium, HUD eviction moratorium and USDA eviction moratorium, all through Sept. 30, 2021 (FED-355, FED-379, FED-364, FED-385); CFPB Regulation X procedural safeguards from Aug. 31, 2021 (FED-344); HUD ML 2021-18 recovery loss-mitigation review (FED-365); HUD and VA forbearance request windows to Sept. 30, 2021 and VA Circular 26-21-20 (Sept. 29) extending them (FED-364, FED-378, FED-380); CARES § 4022 forbearance (FED-340); student-loan payment pause (extended Aug. 6, 2021 to Jan. 31, 2022) (FED-345).

Instruments in the Library for this selection, by layer and quarter (an instrument in force in several quarters is counted in each; the total counts it once).

Layer2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Total
Federal layer179163160175165167330
Sector regulators23212324261945
Group meetings and trade shows128512230
All layers214192188200193188405

3. The statute and the test

An employer is an eligible employer for a calendar quarter under the governmental-orders test if

the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID-19)

CARES Act § 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 348; I.R.C. § 3134(c)(2)(A)(ii)(I), 135 Stat. 4, 177

Congress enacted those words four times and never changed them. The Coronavirus Aid, Relief, and Economic Security Act of March 27, 2020 enacted the Suspension Clause at section 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 347-48, for wages paid after March 12, 2020 and before January 1, 2021 (§ 2301(m), 134 Stat. 351) (Ex. LAW-001). The Taxpayer Certainty and Disaster Tax Relief Act of 2020, Pub. L. 116-260, div. EE, §§ 206-207, 134 Stat. 1182, 3059-65 (Dec. 27, 2020), extended the credit to wages paid before July 1, 2021 and raised its rate to 70 percent; neither section touched the clause (Ex. LAW-002).

The American Rescue Plan Act of 2021, Pub. L. 117-2, § 9651, 135 Stat. 4, 176 (Mar. 11, 2021), added section 3134 to the Internal Revenue Code, whose heading repeats the CARES Act title and whose Suspension Clause reappears word for word at 135 Stat. 177, for wages paid after June 30, 2021 (§ 3134(n), 135 Stat. 182) (Ex. LAW-003). The Infrastructure Investment and Jobs Act, Pub. L. 117-58, § 80604, 135 Stat. 429, 1341 (Nov. 15, 2021), ended the credit for calendar quarters beginning after September 30, 2021, and left the third quarter of 2021 in place (Ex. LAW-004).

The clause has seven elements, taken in the statute's order: orders; from an appropriate governmental authority; limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes); due to COVID-19; the operation of the trade or business fully or partially suspended; during the calendar quarter; and due to those orders. The words "essential," "comparable operations," "telework," "customers," "voluntary," "more than nominal," "10 percent," "directed at," "jurisdiction over the employer," "proximate," "independent" and "sufficient" appear in none of the four enactments. The credit runs by calendar quarter; the six quarters the clause governs are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021.

The partial-suspension test and how this report applies it

In this report the Internal Revenue Service is the "Service," the Government as a litigant is the "United States," Notice 2021-20, 2021-11 I.R.B. 922, is the "Notice," and the statutory text above is the "Suspension Clause." Tri-State is Tri-State Memorial Hospital v. United States, No. 2:25-cv-0181-TOR, ECF No. 38 (E.D. Wash. May 28, 2026), the one federal decision construing the clause's words. Doc. 44 is the United States' opposition and cross-motion for summary judgment in Stenson Tamaddon, LLC v. IRS, No. 2:24-cv-01123-SPL (D. Ariz. Jan. 6, 2025), ECF No. 44; Doc. 49 is the summary-judgment order in that case of June 20, 2025; and the Br. for Appellees is the United States' brief in the appeal, No. 25-4217 (9th Cir. Jan. 30, 2026).

The statute controls, and the Notice does not. The United States has told two federal courts so: the Notice "is merely guidance" and "lacks the force of law" (Doc. 44 at 19); "the United States is not arguing that the IRS interpretation has the force of law or is entitled to deference" (Doc. 44 at 31 & n.8); "[w]hether Notice 2021-20 exists or not, the statute will control whether a refund is warranted" (Doc. 44 at 24). The court held that "the Notice carries no force of law and is entitled to no deference" (Doc. 49 at 27) and that the ten percent figure "is not an exclusionary cut-off point, but rather a safe harbor" (Doc. 49 at 26). In the Ninth Circuit the United States called the Notice "nonbinding guidance," its ten percent provision "a quintessential safe harbor," and wrote that "[t]here is no question of deference here" (Br. for Appellees at 26, 37-38, 58).

"Fully or partially suspended" means what the words say. On definitions both parties agreed, Tri-State held: "a 'partial suspension' is a temporary delay, interruption, or termination of a portion an employer's business. The language is plain" (Tri-State at 8-9). The court refused to read "more than nominal" as "significant": "the plain language and ordinary meaning of partial and nominal do not suggest either of those interpretations" (Tri-State at 10-11). The Notice's ten percent rules are "only administrative guidance"; "the IRS Notice provides a method for the test to be met not as a requirement to meet the test" (Tri-State at 15-16). "Due to" means "because of," which "[b]oth Plaintiff and Defendant agree" (Tri-State at 17), and "the Court recognizes that 'due to' requires 'but-for' causation" (Tri-State at 19). The argument that the virus rather than the order caused the changes fails: "[s]ick patients and employees alone did not require additional protocols" (Tri-State at 20-21).

This report applies the test in five steps, with the instruments the Library holds for your selection and no others. Step one, the order: the issuer, the instrument by number and title, its dates and its exhibit; the Service's own Q&A-10 treats "orders, proclamations, or decrees" as orders "without regard to the level of enforcement" (Notice 2021-20, Q&A-10, at 927-28). Step two, the function it reached: the part of the business the order governed, whether the customer-facing floor, the back of house, the office, the workforce, the supply chain or the customer base. Step three, the change it compelled: the operative words, quoted from the instrument, and the sanction behind them. Step four, the quarter: the days on which the instrument was in force, tested against its dates. Step five, the statute's answer: a function is a portion of the operation; a compelled change is a delay, interruption or termination of that portion; but for the order no law required it; and on the definitions the United States agreed to, the operation was partially suspended during the quarter due to the order.

The statute does not ask whether the business was "essential" or stayed open: the Notice's own Q&A-17, Example 4, calls an open hospital under an elective-procedure order partially suspended (Q&A-17, at 930). It does not ask whether the business could telework: Q&A-15 finds a partial suspension wherever a workplace closure "causes the employer to suspend business operations for certain purposes, but not others" (Q&A-15, at 929). It does not ask whose customers were under orders: "a business may be suspended 'due to' a government order addressing a third party" (Br. for Appellees at 41). It does not ask whether a compelled measure was "voluntary": Q&A-14 reaches only a suspension "not due to a governmental order" (Q&A-14, at 929). And it does not ask for a percentage: "The 10 percent is not determinative ... Properly understood, it isn't an eligibility requirement" (Doc. 44 at 14). The Service's letters ask each of those questions. The statute asks one, and this report answers it, instrument by instrument.

How this report was assembled

The report is drawn from The COVID Project's Orders Library, which indexes the governmental orders that limited commerce, travel and group meetings in the United States from March 2020 through September 30, 2021. The Library is organized in layers, and the report walks them in order for your selection: the federal layer (proclamations, executive orders, agency orders and rules, and the federal courts' general orders); your State, from its first declaration to the instrument that ended its general restrictions; your metropolitan area's health officers, mayors and courts; the sector regulators of your industry (licensing boards, health departments, alcohol and gaming regulators, labor agencies and federal program rules); the clusters of authorities that are easy to overlook (ports, aviation, courts, motor-vehicle offices, tribal and territorial governments); the standing duties of your State and of the United States (communicable-disease, workplace-safety and liability-shield statutes); and the organizers' notices of the trade shows, conventions, seasons and tournaments your industry lost.

Every record carries one of two grades, and the report shows only these two. Primary source read means the compiler read the issuing authority's own text: the order as published, the register page, the codified rule, the court's docket entry. Confirmed from a secondary source means the instrument's existence, number, date and substance were established from an identifiable secondary source and the primary text was not read. Records graded unverified or not retrieved never appear. Every exhibit was retrieved from the issuing authority's site or from the Internet Archive's capture of it, kept only if its text contained a distinctive phrase of the instrument, hashed at retrieval and re-checked by a second reviewer.

Every instrument has one exhibit identifier, used everywhere on the site and in this report. A State instrument carries its two-letter State code and a serial number (Ex. TX-004 is Texas Executive Order GA-09 of March 22, 2020); a metropolitan instrument carries MET and the metro code; a federal instrument carries FED; a sector regulator's instrument carries SEC and the industry number, and an organizer's notice adds GM; an overlooked authority carries AGY and its cluster; a standing duty carries DUT and the State code, or DUT-FED (Ex. DUT-FED-001 is the general duty clause of the Occupational Safety and Health Act); a legal authority carries LAW.

The dates decide the quarters. An instrument is in force in a quarter only if its effective date fell on or before the quarter's last day and its end date, if any, fell on or after the quarter's first day. The six quarters are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021. Because the CARES Act applies to wages paid after March 12, 2020, and the Service's Form 941-X instructions place the credit for wages paid March 13 through March 31, 2020 on the second-quarter return, the orders of March 13 through 31, 2020, the first stay-at-home and closure orders in the country, appear in the record of the second quarter of 2020.

4. How this business operates: Manufacturing

The conclusion. Manufacturing was reached by orders in every one of the six claimable quarters, and the proof is not a matter of inference: the governors of the largest manufacturing States ordered non-essential production floors to suspend in-person operations in March 2020, ordered them back under written safeguards in May 2020, kept those safeguards in force as executive orders or occupational-safety rules through 2020 and into 2021, and, in the third quarter of 2021, four States (California, Oregon, Virginia and New York) had COVID-19 workplace standards or activated exposure-prevention plans binding every manufacturer within their borders, while Washington, Illinois, Nevada, Hawaii and a dozen counties and cities ordered indoor face coverings for all persons regardless of vaccination status. The federal layer ran through every quarter: the Defense Production Act orders of March and April 2020 compelled named manufacturers to accept and prioritize government contracts and barred the export of five categories of protective equipment without FEMA's approval through June 30, 2021; the CDC conveyance order and TSA directives governed every commute and business flight from February 1, 2021 through the end of the period; the presidential entry proclamations and DHS land-border notices limited commerce and travel with the industry's suppliers and customers abroad until November 8, 2021; and the OSHA National Emphasis Program of March 12, 2021, revised July 7, 2021, targeted manufacturing establishments for programmed inspection. 2020 Q2 (Mar. 13 - June 30, 2020). Michigan (EO 2020-21, effective Mar. 24, 2020) prohibited any business from requiring workers to leave home except critical-infrastructure workers as described in CISA's March 19 guidance, a list that reached 'critical manufacturing' only; manufacturing work resumed at 12:01 a.m. May 11, 2020 under EO 2020-77 § 10(k) and the manufacturing-facility safeguards of § 11(k), carried forward in EO 2020-91 § 4. Pennsylvania closed the physical locations of every business not on its life-sustaining list from 8:00 p.m. March 19, 2020 (enforcement March 21-23); the list marked most durable-goods manufacturing 'No' (motor vehicles and parts, aerospace, industrial and metalworking machinery, fabricated metals, electrical equipment, computers, furniture, apparel, wood, glass) and released counties to the yellow phase between May 8 and June 5, 2020. New York reduced the in-person workforce of non-essential businesses by 100 percent from March 22, 2020 (EO 202.8) and confined in-person manufacturing to the ESD essential list (food, chemicals, medical equipment, pharmaceuticals, sanitary products, telecommunications, semiconductors, paper, defense, automobiles and their necessary components); Phase 1 reopened manufacturing by region from May 15 to June 8, 2020 under mandatory interim guidance. Illinois (EO 2020-10, Mar. 21) confined essential manufacturing to 'critical products and industries' and ordered every other business to cease except minimum basic operations until Phase 3 on May 29, 2020. Washington (Proclamation 20-25, Mar. 25) ordered all non-essential businesses to cease except basic minimum operations; Minnesota (EO 20-20, Mar. 27) limited critical manufacturing to the CISA list and readmitted non-critical industrial and manufacturing workers from April 27, 2020 only under a written COVID-19 Preparedness Plan (EO 20-40); Massachusetts, Wisconsin, Vermont, Kentucky, Ohio, Hawaii, Delaware, Colorado, New Mexico, Nevada, California and others closed non-listed manufacturing in whole or in part. New Jersey did not close manufacturing but ordered every business to accommodate telework 'wherever practicable' and reduce on-site staff to the minimum (EO 107, Mar. 21) and imposed mandatory manufacturing and warehousing protocols from 8:00 p.m. April 10, 2020 (EO 122 ¶¶ 3-4). Federally, EO 13909 (Mar. 18), EO 13910 (Mar. 23), EO 13911 (Mar. 27), the GM order (Mar. 27), the 3M and ventilator orders (Apr. 2), the allocation memorandum (Apr. 3) and FEMA's rule of April 10, 2020 (85 Fed. Reg. 20195) redirected production and barred exports; EO 13917 (Apr. 28) placed meat and poultry plants under DPA direction. 2020 Q3. Restart safeguards were law, not advice: Michigan's EO 2020-91/97/114/145/161/175/184 series (screening, dedicated entry points, no non-essential visitors or tours, rotational shifts, barriers) to October 2, 2020; New Jersey EO 122; Kentucky's Healthy at Work Requirements for Manufacturing, Distribution and Supply Chain (effective May 11, 2020: six-foot distancing 'for their entire shift,' barriers, staggered shifts, restricted common areas, minimal driver interaction at docks); Massachusetts' mandatory manufacturing standards (face coverings for all workers, partitions); Illinois EO 2020-43 ¶ c (manufacturers' requirements) and ¶ e (indoor venues and meeting spaces limited to the lesser of 50 attendees or 50 percent, which foreclosed trade shows at McCormick Place); Virginia's ETS 16VAC25-220 (July 27, 2020), the first State COVID-19 workplace standard, applying to 'every employer'; statewide mask orders in more than thirty States; FEMA's export rule extended August 10, 2020. 2020 Q4. Winter re-tightening: Illinois EO 2020-73 (Nov. 20, 2020: venues 'prohibited from hosting gatherings of any size'; manufacturers to keep non-production employees remote); Michigan MDHHS orders (Nov. 18: indoor non-residential gatherings prohibited) and the MIOSHA emergency rules (Oct. 14, 2020: in-person work prohibited where feasible remotely, daily screening, industry-specific rules); New Jersey EO 192 (Nov. 5, 2020: every in-person workplace); Pennsylvania's November 23 mitigation order (telework required); Oregon OSHA's temporary rule OAR 437-001-0744 (Nov. 16, 2020) and Cal/OSHA's ETS 8 CCR 3205 (Nov. 30, 2020), each binding every employer in the State; Minnesota's EO 20-99 (work from home whenever possible); FEMA's export rule extended December 31, 2020 to June 30, 2021. 2021 Q1. The State workplace standards (VA permanent standard Jan. 27, 2021; OR; CA; MIOSHA), the winter orders unwinding by steps (PA telework lifted Apr. 4; MN caps to May 28; NJ to June 4), the CDC conveyance order (Feb. 1, 2021), the January 25, 2021 entry proclamation 10143 and the OSHA NEP (Mar. 12, 2021). 2021 Q2. Oregon made OAR 437-001-0744 permanent (May 4, 2021); Cal/OSHA readopted the ETS (June 17, 2021); the New York HERO Act (ch. 105, May 5, 2021) added Labor Law § 218-b; Michigan rescinded MDHHS and MIOSHA orders June 22, 2021; Illinois reached Phase 5 June 11; New Jersey ended workplace mask rules June 4; Pennsylvania's mitigation orders expired May 31 and masks June 28; FEMA's export restrictions ended June 30, 2021. 2021 Q3. The instruments in force are listed in q3_2021_in_force: the Cal/OSHA ETS, Oregon's rule (masking renewed Aug. 13), Virginia's standard (amended Sept. 8), New York's HERO Act designation (Sept. 6), Washington SOH Order 20-03.4 (Aug. 23), Illinois EO 2021-20 (Aug. 30), Nevada Directive 047 (July 30), Hawaii's mask mandate, Rhode Island's workplace mask order (to July 6), the federal transit, entry, border, NEP and contractor instruments, and the county and city mask orders of July-September 2021. The BLS series shows the restoration was not complete: manufacturing employment stood at 12,743,000 in February 2020, 11,382,000 in April 2020, 12,247,000 in June 2021 and 12,393,000 in September 2021.

The functions of the business

The Library records which of these functions each instrument reached. Section 5 names them instrument by instrument and section 9 applies the test to them.

CodeFunction
PFproduction floor
WHwarehouse, shipping and receiving
SCinbound supply, domestic and foreign
DSdistribution and customers
ENengineering, sales and office
EVtrade shows, customer visits, field service
TRtravel
HRhiring, screening, training and credentialing
OPoffice, administration and telework
WFworkforce availability
CBthe customer base

5. The orders, quarter by quarter

For each quarter selected, the instruments in force appear by layer: the federal layer (the Library's FED-A and FED-B files, including the federal court orders they hold), the State, the metropolitan area, the industry's regulators, and the agencies, boards and authorities whose orders resolve to the State. Within a layer the instruments that carry the industry's key limitation types come first, then the rest in date order. An instrument in force across several quarters is described in full where it first appears and listed in compact form in each later quarter. Every item carries its citation and its exhibit identifier.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Federal layer

Ex. FED-264
OMB Memorandum M-20-16

Federal Agency Operational Alignment to Slow the Spread of Coronavirus COVID-19

Office of Management and Budget (Acting Director Russell T. Vought), United States (executive branch, nationwide) (Federal)

Dates
In force from Mar. 17, 2020 to Apr. 20, 2020
Quarters
2020 Q2
Limitations
Business closureTelework mandateWorkplace rules
Functions reached
OF federal offices emptied nationwide; PJ contractor performance moved to telework or postponed; CS in-person federal transactions postponed (Social Security offices, IRS taxpayer assistance centers, passport agencies, USCIS, USDA service centers, VA regional offices); CB every business whose customer, licensor or counterparty was a federal office
Grade
Primary source read
Days in this quarter
35

the Government must immediately adjust operations and services to minimize face-to-face interactions, especially at those offices or sites where people may be gathering in close proximity or where highly vulnerable populations obtain services.... Non-mission-critical functions that cannot be performed remotely or that require in-person interactions may be postponed or significantly curtailed.... Maximize telework across the nation for the Federal workforce (including mandatory telework, if necessary), while maintaining mission-critical workforce needs... Assess professional services and labor contracts to extend telework flexibilities to contract workers wherever feasible... Agencies shall communicate with their customers to encourage them to delay transactions which are not time-critical and to ensure that available resources can be re-prioritized to mission-critical activities.

Enforcement: OMB directive; agency facility-access policies for employees, contractors and visitors

Citation: Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264) Open the exhibit

Ex. FED-073
Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)

Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19, 85 Fed. Reg. 26313 (May 1, 2020)

President Donald J. Trump, United States (meat and poultry processors; food supply chain resources) (Federal)

Dates
In force from Apr. 28, 2020 to Apr. 10, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesSupply chain
Functions reached
PK packing and processing plants (agriculture-food); SC meat supply to restaurants, retail and food service; WF plant workforces (federal direction to operate under CDC/OSHA conditions); DS distribution
Grade
Primary source read
Days in this quarter
64 (in force on the last day)

Accordingly, I find that meat and poultry in the food supply chain meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)). Under the delegation of authority provided in this order, the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA.... Sec. 2.... (b) The Secretary of Agriculture shall use the authority under section 101 of the Act... to determine the proper nationwide priorities and allocation of all the materials, services, and facilities necessary to ensure the continued supply of meat and poultry, consistent with the guidance for the operations of meat and poultry processing facilities jointly issued by the CDC and OSHA.

Enforcement: DPA § 101 orders by USDA; DPA § 103 penalties

Citation: President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073) Open the exhibit

Ex. FED-182
Emergency Use Declaration: personal respiratory protective devices

Emergency Use Declaration, 85 Fed. Reg. 13907 (Mar. 10, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates
In force from Mar. 2, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationSupply chain
Functions reached
context for SC (respirator supply) in every health care and industrial sector
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of personal respiratory protective devices during the COVID-19 outbreak, pursuant to section 564 of the FD&C Act, subject to the terms of any authorization issued under that section. DATES: The determination was effective February 4, 2020, and this declaration is effective March 2, 2020.

Enforcement: Framework for the NIOSH-respirator, imported-respirator and decontamination EUAs

Citation: Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182) Open the exhibit

Ex. FED-088
Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)

Guidance on Preparing Workplaces for COVID-19

OSHA, U.S. Department of Labor, United States (all employers) (Federal)

Dates
In force from Mar. 9, 2020 to Jan. 29, 2021
Quarters
2020 Q22020 Q32020 Q4
Limitations
Workplace rules
Functions reached
EMP context: the federal template (exposure-risk pyramid; engineering, administrative and PPE controls) that State workplace orders incorporated by reference
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards. The recommendations are advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful workplace.... the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

Enforcement: None as guidance; general duty clause citations used it as the measure of recognized hazard and feasible abatement

Citation: OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088) Open the exhibit

Ex. FED-290
Press release of March 12, 2020 (Building closed to the public)

Supreme Court Building closed to the public until further notice

Supreme Court of the United States (Public Information Office), Supreme Court of the United States (Court)

Dates
In force from Mar. 12, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureCourts and public offices
Functions reached
CT; CS Washington tourism and visitor commerce
Grade
Confirmed from a secondary source
Days in this quarter
110 (the whole quarter)

Enforcement: Supreme Court Police

Citation: Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)

Ex. FED-097
QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)

QSO-20-14-NH (REVISED)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates
In force from Mar. 13, 2020 to Sept. 17, 2020
Quarters
2020 Q22020 Q3
Limitations
Business closureGathering capHealth care orders
Functions reached
VS visitation closed to all visitors and 'non-essential healthcare personnel' (home-care-senior-living; hospice; therapy contractors; hair and podiatry services; clergy); RS admissions and cohorting; DN communal dining and group activities cancelled; IN referral flows from hospitals
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

[As CMS restated it in QSO-20-39-NH:] In March of 2020, CMS issued memorandum QSO 20-14-NH providing guidance to facilities on restricting visitation of all visitors and non-essential healthcare personnel, except for certain compassionate care situations, such as an end-of-life situation. [QSO-20-14-NH revised text:] Facilities should actively screen and restrict visitation by those who meet the following criteria... Restricting means the individual should not be allowed in the facility at all, until they no longer meet the criteria above.

Enforcement: F-tag F563 (visitation) and F880 (infection control) survey enforcement

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097) Open the exhibit

Ex. FED-027
CDC No Sail Order and Suspension of Further Embarkation

No Sail Order and Suspension of Further Embarkation, 85 Fed. Reg. 16628 (Mar. 24, 2020)

Centers for Disease Control and Prevention, HHS (CDC Director), United States (all cruise ships in U.S. waters or intending to return; 250+ passenger capacity) (Federal)

Dates
In force from Mar. 14, 2020 to Dec. 31, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Business closureTravel and quarantineEvents and venues
Functions reached
TV travel demand (hotels-travel); GS group sales and travel agencies; CB cruise passengers and the port economies (Miami, Port Canaveral, Galveston, Seattle, Los Angeles, New Orleans, Baltimore, New York); SC provisioning and port services
Grade
Primary source read
Days in this quarter
109 (in force on the last day)

announces the issuance of a No Sail Order and Suspension of Further Embarkation on March 14, 2020 for all cruise ships that are not voluntarily suspending operation.... This Notice of No Sail Order and Other Measures Related to Operations shall apply only to the subset of carriers described below and hereinafter referred to as 'cruise ships,' except this Order shall not apply to any cruise ship that voluntarily suspends operations for the period of this Order

Enforcement: 42 U.S.C. § 271; 42 C.F.R. §§ 70.18, 71.2 (criminal penalties); Coast Guard captain-of-the-port authority

Citation: Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027) Open the exhibit

Ex. FED-190
The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread

The President's Coronavirus Guidelines for America - 15 Days to Slow the Spread

The President and the White House Coronavirus Task Force (with CDC), United States (Federal)

Dates
In force from Mar. 16, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Business closureTelework mandateGathering capTravel and quarantineSchools and child care
Functions reached
context: the federal template for the ten-person gathering limit, the telework instruction, the closure of bars, restaurants and gyms, and the travel restraint that State orders enacted
Grade
Primary source read
Days in this quarter
46

[image-only PDF; text as read in the prior verified research:] Listen to and follow the directions of your STATE AND LOCAL AUTHORITIES.... Work or engage in schooling FROM HOME whenever possible.... AVOID SOCIAL GATHERINGS in groups of more than 10 people.... Avoid eating or drinking at bars, restaurants, and food courts - USE DRIVE-THRU, PICKUP, OR DELIVERY OPTIONS. AVOID DISCRETIONARY TRAVEL, shopping trips, and social visits.... IN STATES WITH EVIDENCE OF COMMUNITY TRANSMISSION, bars, restaurants, food courts, gyms, and other indoor and outdoor venues where groups of people congregate should be closed.

Enforcement: None (guidance); the template every State stay-at-home and closure order of March 2020 implemented

Citation: The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190) Open the exhibit

Ex. FED-279
Order of March 16, 2020 (COVID-19 building access)

Order restricting access to the James R. Browning, William K. Nakamura, Pioneer and Richard H. Chambers United States Courthouses

United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), United States Court of Appeals for the Ninth Circuit (San Francisco, Seattle, Portland, Pasadena courthouses) (Court)

Dates
In force from Mar. 16, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureCourts and public offices
Functions reached
CT appellate courthouses closed to the public; arguments by video or livestream; CS law firms' appellate practice
Grade
Primary source read
Days in this quarter
107 (in force on the last day)

Chief among the recommended precautions is to limit person to person interactions. Therefore, it is hereby ordered that: Access to the James R. Browning (San Francisco), the William K. Nakamura (Seattle), the Pioneer (Portland) and the Richard H. Chambers (Pasadena) United States Courthouses is restricted to judges and court staff during non-court weeks. In the event any public court proceeding is held, it will be livestreamed.

Enforcement: court order; U.S. Marshals and court security

Citation: United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279) Open the exhibit

Ex. FED-390
Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors

Hoover Dam temporarily closed to all visitors

Bureau of Reclamation, Hoover Dam, Nevada-Arizona (Bureau of Reclamation, Lower Colorado Basin Region) (Federal)

Dates
In force from Mar. 17, 2020 to Oct. 22, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Business closure
Functions reached
AM the busiest federal tourist attraction in the Southwest (about one million visitors a year) closed; CB Las Vegas tour operators and Boulder City commerce
Grade
Primary source read
Days in this quarter
106 (in force on the last day)

[In accordance with guidance] by the Centers for Disease Control and Prevention, Hoover Dam will be temporarily closed to visitors, including [the visitor center and all tours, until further notice.]

Enforcement: Reclamation facility order

Citation: Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390) Open the exhibit

Ex. FED-070
Executive Order 13909

Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19, 85 Fed. Reg. 16227 (Mar. 23, 2020)

President Donald J. Trump, United States (all health and medical resources needed to respond to COVID-19) (Federal)

Dates
In force from Mar. 18, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
SC supply of PPE, respirators, ventilators and testing supplies to every industry (dental, physician practices, hospitals, home care, manufacturing, construction, personal services); DS distribution of medical products (wholesale-distribution); PF production floors of medical manufacturers under rated orders
Grade
Primary source read
Days in this quarter
105 (in force on the last day)

Accordingly, I find that health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators, meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)).... Sec. 2. Priorities and Allocation of Medical Resources. (a)... the authority of the President conferred by section 101 of the Act to require performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense... is delegated to the Secretary of Health and Human Services with respect to all health and medical resources needed to respond to the spread of COVID-19 within the United States. (b) The Secretary of Health and Human Services may use the authority…

Enforcement: DPA § 101 priority ratings and allocation orders; DPA § 103 (50 U.S.C. § 4513) criminal penalties for willful violation

Citation: President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070) Open the exhibit

Ex. FED-324
USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020

USCIS Temporarily Closing Offices to the Public March 18 - April 1

U.S. Citizenship and Immigration Services, United States (all USCIS field offices, asylum offices and Application Support Centers) (Federal)

Dates
In force from Mar. 18, 2020 to June 4, 2020 (issued Mar. 17, 2020)
Quarters
2020 Q2
Limitations
Business closureCourts and public offices
Functions reached
HR work-authorization biometrics, interviews and naturalization ceremonies postponed; CS immigration law practice; WF
Grade
Primary source read
Days in this quarter
79

Effective March 18, U.S. Citizenship and Immigration Services is suspending in-person services at its field offices, asylum offices and Application Support Centers (ASCs) to help slow the spread of Coronavirus 2019 (COVID-19). This suspension of services will be effective until at least April 1. In the meantime, USCIS will provide limited emergency services.

Enforcement: agency closure

Citation: U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324) Open the exhibit

Ex. FED-387
NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities)

National Park Service to Temporarily Suspend Park Entrance Fees

Secretary of the Interior David L. Bernhardt; National Park Service, United States (National Park System) (Federal)

Dates
In force from Mar. 18, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureOther
Functions reached
AM attractions and gateway-community tourism (lodging, dining, outfitters, concessions); CB
Grade
Primary source read
Days in this quarter
105 (in force on the last day)

Secretary of the Interior David Bernhardt directed the National [Park Service (NPS) to temporarily suspend the collection of all park entrance fees until further notice.] News Release Date: March 18, 2020

Enforcement: Secretarial direction

Citation: Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387) Open the exhibit

Ex. FED-266
OMB Memorandum M-20-18

Managing Federal Contract Performance Issues Associated with the Novel Coronavirus (COVID-19)

Office of Management and Budget (Deputy Director for Management), United States (federal contractors) (Federal)

Dates
In force from Mar. 20, 2020 to Dec. 31, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Telework mandateWorkplace rules
Functions reached
PL staffing, janitorial, security and IT contractor personnel at federal sites; PJ contract performance postponed or converted to telework; CB federal contractor base
Grade
Primary source read
Days in this quarter
103 (in force on the last day)

Agencies are urged to work with their contractors, if they haven't already, to evaluate and maximize telework for contractor employees, wherever possible.... if a contractor is unable to perform in a timely manner due to quarantining, social distancing, or other COVID-19 related interruptions, agencies should consider whether excusable delay provisions apply...

Enforcement: OMB directive to contracting officers

Citation: Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266) Open the exhibit

Ex. FED-071
Executive Order 13910

Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19, 85 Fed. Reg. 17001 (Mar. 26, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from Mar. 23, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
SC PPE procurement and inventory of every employer; RT retail of designated materials; DS wholesale distribution
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

Sec. 2. Delegation of Authority to Prevent Hoarding. (a) The Secretary is delegated the following: (i) the authority of the President conferred by section 102 of the Act to prevent hoarding of health and medical resources necessary to respond to the spread of COVID-19 within the United States, including the authority to prescribe conditions with respect to the accumulation of such resources, and to designate any material as a scarce material, or as a material the supply of which would be threatened by persons accumulating the material either in excess of reasonable demands of business, personal, or home consumption, or for the purpose of resale at prices in excess of prevailing market prices

Enforcement: DPA § 103 criminal penalties (50 U.S.C. § 4513); Department of Justice COVID-19 Hoarding and Price Gouging Task Force

Citation: President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071) Open the exhibit

Ex. FED-284
Order of the Chief Judge No. 20-042

In re: Coronavirus Public Emergency - Activation of the Continuity of Operations Plan (courthouses closed)

Chief Judge Virginia A. Phillips, United States District Court for the Central District of California (Los Angeles, Santa Ana, Riverside) (Court)

Dates
In force from Mar. 23, 2020 to June 30, 2020 (issued Mar. 19, 2020)
Quarters
2020 Q2
Limitations
Business closureCourts and public offices
Functions reached
CT the largest federal district in the country closed its courthouses to the public Mar. 23 - May 1, 2020 and continued civil and criminal trials; CS litigation practice, process servers, court reporters, interpreters
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

the Continuity of Operations Plan... of the Central District of California is hereby activated, effective March 23, 2020 through and including May 1, 2020... All of the Courthouses of the Central District of California will be closed to the public... [emergency criminal matters and applications for temporary restraining orders and preliminary injunctions to be heard at] the Roybal Building and United States Courthouse in Los Angeles only.

Enforcement: court order; U.S. Marshals

Citation: Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284) Open the exhibit

Ex. FED-310
Second Amended Standing Order 2020-02

In re: Restrictions on Visitors to Courthouses

Chief Judge James K. Bredar, United States District Court for the District of Maryland (Baltimore, Greenbelt) (Court)

Dates
In force from Mar. 23, 2020 to Sept. 30, 2021 (issued Mar. 20, 2020)
Quarters
2020 Q2
Limitations
Business closureCourts and public offices
Functions reached
CT courthouses closed to the general public from Mar. 23, 2020; CS
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

ORDERED by the United States District Court for the District of Maryland that, effective March 23, 2020, no members of the public, other than litigants with a scheduled proceeding, [may enter any] U.S. Courthouse in the District of Maryland without prior permission from the Chief Judge or [the presiding judge]... [a drop box is available at] the entrance of each courthouse to deposit and date-stamp papers between 9:00 a.m. and 4:00 p.m., Monday through Friday; and it is further ORDERED that, in addition to the above restrictions, the following persons shall not enter any U.S. Courthouse or U.S. Probation Office in this District: [persons with symptoms, exposure or recent travel]...

Enforcement: court order; court security officers

Citation: Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310) Open the exhibit

Ex. FED-391
USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only

USDA Service Centers Open for Business by Phone Appointment Only

U.S. Department of Agriculture, Farm Production and Conservation mission area, United States (all USDA Service Centers: FSA, NRCS, Rural Development) (Federal)

Dates
In force from Mar. 23, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Business closureCourts and public offices
Functions reached
CS farm program sign-ups, loan closings and conservation contracts by phone only; FP; IN
Grade
Confirmed from a secondary source
Days in this quarter
100 (in force on the last day)

Enforcement: USDA operating directive

Citation: U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)

Ex. FED-183
Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices

Emergency Use Authorization Declaration, 85 Fed. Reg. 17335 (Mar. 27, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates
In force from Mar. 24, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationSupply chain
Functions reached
context for SC (ventilators, face shields, gowns, decontamination)
Grade
Primary source read
Days in this quarter
99 (in force on the last day)

The Office of the Assistant Secretary for Preparedness and Response, HHS, requested that the FDA, HHS, issue an EUA for certain medical devices to allow the Department to take response measures based on information currently available about the virus that causes COVID-19. The determination of a public health emergency, and the declaration that circumstances exist justifying emergency use of certain medical devices by the Secretary of HHS, as described below, enable the FDA Commissioner to issue an EUA for these devices for emergency use under section 564 of the FD&C Act.

Enforcement: Framework

Citation: Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183) Open the exhibit

Ex. FED-074
Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates
In force from Mar. 25, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
SC PPE for every industry (dental CH/ST/SC; physician SC; hospitals SC; home care SC; personal services SL; construction JS; manufacturing PF)
Grade
Primary source read
Days in this quarter
98 (in force on the last day)

The following materials are designated pursuant to section 102 of the Defense Production Act (50 U.S.C. 4512) and Executive Order 13910 of March 23, 2020 (Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19) as scarce materials or threatened materials: 1. N-95 Filtering Facepiece Respirators, including devices that are disposable half-face-piece nonpowered air-purifying particulate respirators intended for use to cover the nose and mouth of the wearer to help reduce wearer exposure to pathogenic biological airborne particulates 2. Other Filtering Facepiece Respirators (e.g., those designated as N99, N100, R95, R99, R100, or P95, P99, P100)... [and] elastomeric respirators, PAPRs, surgical masks, gloves, face shields, gowns, ventilators, sterilization services, disinfecting devices, medical gowns, sanitizing and disinfecting products

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

Citation: Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074) Open the exhibit

Ex. FED-072
Executive Order 13911

Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19, 85 Fed. Reg. 18403 (Apr. 1, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from Mar. 27, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
SC (federal direction of medical-supply production and purchasing); PF manufacturing (title III contracts)
Grade
Primary source read
Days in this quarter
96 (in force on the last day)

Sec. 2. Delegation of Authority Under Title III of the Act. (a) Notwithstanding Executive Order 13603 of March 16, 2012 (National Defense Resources Preparedness), the Secretary of Health and Human Services and the Secretary of Homeland Security are each delegated, with respect to responding to the spread of COVID-19 within the United States, the authority of the President conferred by sections 301, 302, and 303 of the Act (50 U.S.C. 4531, 4532, and 4533)

Enforcement: DPA title III (purchases, purchase commitments, installation of equipment in private plants)

Citation: President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072) Open the exhibit

Ex. FED-389
BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon

BLM Temporarily Closes Developed Recreation Facilities in Oregon

Bureau of Land Management, Oregon/Washington State Office and District Managers, Oregon (Bureau of Land Management districts statewide) (Federal)

Dates
In force from Mar. 27, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closure
Functions reached
AM outdoor recreation and campground concessions; CB gateway communities
Grade
Primary source read
Days in this quarter
96 (in force on the last day)

[The BLM will] temporarily close many of its developed recreation facilities to help limit the spread of COVID-19. This closure includes all campgrounds, and some day use sites, and restrooms. Trash pickup and sanitation [services are also suspended]... These closures are pursuant to the Code of Federal Regulations (CFR): 43 CFR § 8364.1, 43 CFR § 9268.3(d)(1), and 43 CFR § 8365.1-4.... BLM-managed trails and open spaces remain open across Oregon.

Enforcement: 43 C.F.R. § 8364.1 closure orders; 43 C.F.R. § 8360.0-7 penalties

Citation: Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389) Open the exhibit

Ex. FED-191
30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)

The President's Coronavirus Guidelines for America - 30 Days to Slow the Spread

The President and the White House Coronavirus Task Force, United States (Federal)

Dates
In force from Mar. 31, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Business closureTelework mandateGathering capTravel and quarantineSchools and child care
Functions reached
context
Grade
Primary source read
Days in this quarter
31

Enforcement: None (guidance)

Citation: The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191) Open the exhibit

Ex. FED-170
Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions)

Families First Coronavirus Response Act

Congress (Pub. L. 116-127); approved by the President, United States (private employers with fewer than 500 employees; public employers) (Federal)

Dates
In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Schools and child careWorkplace rulesQuarantine and isolation
Functions reached
WF workforce availability of every employer under 500 employees (mandatory paid leave for quarantine, symptoms, school and child-care closures); HR payroll and leave administration; OP/OF
Grade
Primary source read
Days in this quarter
91 (in force on the last day)

SEC. 5102. PAID SICK TIME REQUIREMENT. (a) IN GENERAL.--An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because: (1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. (2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. (3) The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. (4) The employee is caring for an individual who is subject to an order as described in subparagraph (1) or has been advised as described in paragraph (2). (5) The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is…

Enforcement: Fair Labor Standards Act enforcement by the Department of Labor (§ 5105); § 5104 anti-retaliation; private actions

Citation: Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170) Open the exhibit

Ex. FED-171
Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826

Paid Leave Under the Families First Coronavirus Response Act, 85 Fed. Reg. 19326 (Apr. 6, 2020)

Wage and Hour Division, U.S. Department of Labor, United States (Federal)

Dates
In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Schools and child careWorkplace rulesQuarantine and isolation
Functions reached
WF; HR; OP
Grade
Primary source read
Days in this quarter
90 (in force on the last day)

The Secretary of Labor ('Secretary') is promulgating temporary regulations to implement public health emergency leave under Title I of the Family and Medical Leave Act (FMLA), and emergency paid sick leave to assist working families facing public health emergencies arising out of Coronavirus Disease 2019 (COVID-19) global pandemic.... DATES: This rule is effective from April 2, 2020, through December 31, 2020. This rule became operational on April 1, 2020.... In general, the FFCRA requires covered employers to provide eligible employees up to two weeks of paid sick leave at full pay, up to a specified cap, when the employee is unable to work because the employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19

Enforcement: FLSA enforcement (29 C.F.R. § 826.150); DOL investigations

Citation: Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171) Open the exhibit

Ex. FED-075
Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use

Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 85 Fed. Reg. 20195 (Apr. 10, 2020)

Federal Emergency Management Agency, DHS, United States (all exports of covered PPE) (Federal)

Dates
In force from Apr. 7, 2020 to Aug. 10, 2020
Quarters
2020 Q22020 Q3
Limitations
Travel and quarantineSupply chain
Functions reached
SC/DS export and distribution of N95 respirators, surgical masks, gloves and other covered PPE; PT ports and freight (logistics); MK exporters' foreign customer commerce
Grade
Primary source read
Days in this quarter
85 (in force on the last day)

The Federal Emergency Management Agency (FEMA) is issuing a temporary rule to allocate certain scarce or threatened materials for domestic use, so that these materials may not be exported from the United States without explicit approval by FEMA. The rule covers five types of personal protective equipment (PPE), outlined below. While this rule remains in effect, and subject to certain exemptions stated below, no shipments of such designated materials may leave the United States without explicit approval by FEMA.

Enforcement: DPA § 103 (50 U.S.C. § 4513) criminal penalties; CBP detention of shipments at the port

Citation: Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075) Open the exhibit

Ex. FED-158
CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020)

Non-Emergent, Elective Medical Services, and Treatment Recommendations

Centers for Medicare & Medicaid Services, HHS, United States (all healthcare facilities and clinicians) (Federal)

Dates
In force from Apr. 7, 2020 to Apr. 19, 2020
Quarters
2020 Q2
Limitations
Business closureHealth care orders
Functions reached
SX surgery and elective procedures (hospitals); PR procedures and elective visits (physician practices); PR/CH elective and aerosol-generating dental procedures; DX diagnostics and preventive services; CB patient volumes
Grade
Primary source read
Days in this quarter
13

CMS, in collaboration with medical societies and associations, recently created recommendations to postpone non-essential surgeries and other procedures. This document provides recommendations to limit those medical services that could be deferred, such as non-emergent, elective treatment, and preventive medical services for patients of all ages. A tiered framework is recommended to prioritize services and care to those who require emergent or urgent attention to save a life, manage severe disease, or avoid further harms from an underlying condition.... CMS urges healthcare facilities and clinicians to consider the following tiered approach to curtailing non-emergent, elective medical services and treatment.

Enforcement: Recommendations; made mandatory by State elective-procedure orders and referenced in CMS survey guidance

Citation: Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158) Open the exhibit

Ex. FED-028
No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)

No Sail Order and Suspension of Further Embarkation; Notice of Modification and Extension and Other Measures Related to Operations, 85 Fed. Reg. 21004 (Apr. 15, 2020)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates
In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)
Quarters
2020 Q22020 Q3
Limitations
Business closureTravel and quarantineEvents and venues
Functions reached
TV; GS; CB; SC
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

[modifies and extends the March 14, 2020 No Sail Order; requires each operator to submit a No Sail Order Response Plan; suspends embarkation of passengers]

Enforcement: same as FED-027

Citation: Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028) Open the exhibit

Ex. FED-192
Guidelines for Opening Up America Again (Apr. 16, 2020)

Guidelines for Opening Up America Again

The President and the White House Coronavirus Task Force, United States (Federal)

Dates
In force from Apr. 16, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Functions reached
context: the federal template of the phased reopenings that State orders enacted (telework 'whenever possible' for employers in Phases One and Two; closed or capacity-limited venues; ten-person and fifty-person gathering ceilings; travel minimization)
Grade
Primary source read
Days in this quarter
76 (in force on the last day)

President Trump has unveiled Guidelines for Opening Up America Again, a three-phased approach based on the advice of public health experts. These steps will help state and local officials when reopening their economies, getting people back to work, and continuing to protect American lives.... Proposed State or Regional Gating Criteria: Satisfy Before Proceeding to Phased Comeback... Downward trajectory of documented cases within a 14-day period... Phase One: For States and Regions that satisfy the gating criteria. INDIVIDUALS: ALL VULNERABLE INDIVIDUALS should continue to shelter in place.... Social settings of more than 10 people, where appropriate distancing may not be practical, should be avoided unless precautionary measures are observed. Avoid SOCIALIZING in groups of more than 10 people in circumstances that do not readily allow for appropriate physical distancing (e.g.…

Enforcement: None (guidance); adopted by reference in State reopening orders (e.g., the phased frameworks of Texas, Georgia, Arizona, Ohio, Pennsylvania, Colorado) and by CMS (FED-159)

Citation: The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192) Open the exhibit

Ex. FED-076
Notification of Exemptions to the PPE allocation rule

Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use; Exemptions, 85 Fed. Reg. 22021 (Apr. 21, 2020)

Federal Emergency Management Agency, DHS, United States (Federal)

Dates
In force from Apr. 17, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Supply chain
Functions reached
SC/DS (defines the lawful channels of export: to Canada and Mexico, to U.S. government agencies, intracompany transfers, etc.)
Grade
Primary source read
Days in this quarter
75 (in force on the last day)

The Federal Emergency Management Agency (FEMA) announces exemptions from a temporary final rule that FEMA published in the Federal Register on April 10, 2020. DATES: Applicability date: This notification applies beginning on April 17, 2020.

Enforcement: as for FED-075

Citation: Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076) Open the exhibit

Ex. FED-159
CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)

Opening Up America Again: Centers for Medicare & Medicaid Services (CMS) Recommendations Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I

Centers for Medicare & Medicaid Services, HHS, United States (Federal)

Dates
In force from Apr. 19, 2020 to June 8, 2020
Quarters
2020 Q2
Limitations
Capacity limitHealth care ordersWorkplace rules
Functions reached
SX/PR resumption conditions (screening, PPE, testing, facility zoning, visitor limits, distancing in waiting rooms); OC outpatient; CB
Grade
Primary source read
Days in this quarter
51

To expand capacity to care for these patients and to conserve adequate staff and supplies, especially personal protective equipment (PPE), on March 18 the Centers for Medicare & Medicaid Services (CMS) recommended limiting non-essential care and expanding surge capacity into ambulatory surgical centers and other areas.... Therefore, if states or regions have passed the Gating Criteria (symptoms, cases, and hospitals) announced on April 16, 2020, then they may proceed to Phase I.... Maximum use of all telehealth modalities is strongly encouraged. However, for care that cannot be accomplished virtually, these recommendations -- the first in a series of recommendations -- may guide healthcare systems and facilities as they consider resuming in-person care of non-COVID-19 patients in regions with low incidence of COVID-19 disease.

Enforcement: Recommendations; conditions adopted by State reopening orders for health care

Citation: Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159) Open the exhibit

Ex. FED-268
OMB/OPM Memorandum M-20-23

Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again

Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), United States (executive branch) (Federal)

Dates
In force from Apr. 20, 2020 to June 10, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Telework mandateWorkplace rules
Functions reached
OF federal offices on maximum telework through the gating period, geography by geography; CS visitor screening and access limits at every federal facility; PJ contractor access
Grade
Primary source read
Days in this quarter
72 (in force on the last day)

Gating Period: Agencies should continue in 'Maximum Telework Flexibility' operating status, at the discretion of the agency head.... Facilities Screening. Agencies must ensure their policies and procedures restrict individuals infected with or at higher risk for serious illness from COVID-19 from accessing Federal facilities... These agency policies must include specific considerations for Federal employees, contractors and visitors.... Agencies must continue to maximize telework flexibilities specifically for workers... at higher risk...

Enforcement: OMB/OPM directive; facility decisions by each GSA building's Designated Official and Facility Security Committee

Citation: Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268) Open the exhibit

Ex. FED-320
Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)

Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency

U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, United States (H-2A employers and workers) (Federal)

Dates
In force from Apr. 20, 2020 to Aug. 18, 2020
Quarters
2020 Q22020 Q3
Limitations
Supply chainOther
Functions reached
LB farm labor supply; FP harvest and packing; SC food supply chain
Grade
Primary source read
Days in this quarter
72 (in force on the last day)

DATES: This final rule is effective from April 20, 2020 through August 18, 2020. [The rule permits H-2A workers already in the United States to begin work with a new petitioning employer upon filing, and temporarily lifts the three-year maximum period of stay, 'as a result of disruptions and uncertainty to the U.S. food agriculture sector' caused by the COVID-19 national emergency and the suspension of routine visa services.]

Enforcement: USCIS petition adjudication; 8 C.F.R. § 214.2(h)

Citation: U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320) Open the exhibit

Ex. FED-318
General Order 72-2

In re: Coronavirus Disease Public Health Emergency (General Order 72-2)

Chief Judge Phyllis J. Hamilton, United States District Court for the Northern District of California (Court)

Dates
In force from Apr. 30, 2020 to May 21, 2020
Quarters
2020 Q2
Limitations
Business closureCourts and public offices
Functions reached
CT
Grade
Primary source read
Days in this quarter
22

[WHEREAS the Governor of California] ordered a state-wide shelter-in-place;... [the Court's] courthouses remain closed in order to protect the public health and reduce the size of public [gatherings]... issues the following Order, effective immediately: 1. No jury trial will be conducted before June 1, 2020. Any trial dates currently scheduled during that period will be postponed or vacated.

Enforcement: court order

Citation: Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318) Open the exhibit

Ex. FED-334
General Order 73 (Amended May 21, 2020)

Continuing Temporary Restrictions on Courthouse Access (Amended May 21, 2020)

Chief Judge Phyllis J. Hamilton, United States District Court for the Northern District of California (Court)

Dates
In force from May 21, 2020 to July 1, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Business closureCourts and public offices
Functions reached
CT courthouses closed to the public except for official court business, Mar. 2020 - June 30, 2021
Grade
Primary source read
Days in this quarter
41 (in force on the last day)

[In light of the shelter-in-place orders and to protect] courthouse visitors, the court will continue to temporarily restrict courthouse access at all four locations due to the ongoing COVID-19 emergency. Effective immediately and until further [order, entry is limited to persons with official court business]... 'Official court business' shall include [scheduled proceedings and filings]... There will also be a drop box available for manual filing in the first floor lobby of the San Francisco, Oakland, and San Jose courthouses.

Enforcement: court order; court security

Citation: Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334) Open the exhibit

Ex. FED-393
USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020

Army Corps of Engineers begins gradual reopening of recreation areas closed due to coronavirus (May 21, 2020), following district closures of March 2020

U.S. Army Corps of Engineers Headquarters and district commanders, United States (U.S. Army Corps of Engineers recreation areas, visitor centers and project offices) (Federal)

Dates
In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)
Quarters
2020 Q22020 Q3
Limitations
Business closure
Functions reached
AM the largest federal provider of outdoor recreation (about 270 million visits a year) closed its campgrounds and visitor centers; CB
Grade
Confirmed from a secondary source
Days in this quarter
41 (in force on the last day)

Reopening of closed recreation areas will vary from location to location based on state and local conditions, as well as each project's ability to put in place COVID-19 safety precautions.

Enforcement: 36 C.F.R. part 327 closures

Citation: U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)

Ex. FED-325
USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4

USCIS Preparing to Resume Public Services on June 4

U.S. Citizenship and Immigration Services, United States (USCIS domestic offices) (Federal)

Dates
In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementCourts and public officesWorkplace rules
Functions reached
HR; CS
Grade
Primary source read
Days in this quarter
27 (in force on the last day)

U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. On March 18, USCIS temporarily suspended routine in-person [services]... Members of the public must wear facial coverings that cover both the mouth and nose when entering [facilities]...

Enforcement: agency entry conditions

Citation: U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325) Open the exhibit

Ex. FED-010
Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus

Determination that a Public Health Emergency Exists

Alex M. Azar II, Secretary of Health and Human Services, United States (Federal)

Dates
In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the CDC orders (each states it runs until the PHE ends), the § 1135 waivers, the CMS interim final rules and the OSHA ETS findings
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

As a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV), on this date and after consultation with public health officials as necessary, I, Alex M. Azar II, Secretary of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, do hereby determine that a public health emergency exists and has existed since January 27, 2020, nationwide.

Enforcement: Predicate; the enabled instruments carry their own enforcement

Citation: Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010) Open the exhibit

Ex. FED-200
Proclamation 9984

Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk, 85 Fed. Reg. 6709 (Feb. 5, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantine
Functions reached
TV inbound travel from China (business visitors, buyers, engineers); SC supplier engineering and quality visits; MK inbound trade-show attendance; CB foreign customer base
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on February 2, 2020.

Enforcement: Sec. 3: implemented by the Secretaries of State and Homeland Security; an alien who circumvents the proclamation is a priority for removal (sec. 3(c)); carriers barred from boarding covered aliens under DHS implementing measures

Citation: President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200) Open the exhibit

Ex. FED-180
Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)

Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates
In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationHealth care orders
Functions reached
context: the federal legal framework under which pharmacies, employers' clinics, and later dental and other practitioners administered tests and vaccines
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of Health and Human Services (the Secretary) to issue a Declaration to provide liability immunity to certain individuals and entities (Covered Persons) against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures (Covered Countermeasures), except for claims involving 'willful misconduct' as defined in the PREP Act.... DATES: The Declaration was effective as of February 4, 2020.

Enforcement: Liability immunity; amended nine times through 2021 (85 Fed. Reg. 21012; 35100; 52136; 79190; 86 Fed. Reg. 7872; 9516; 14462; 41977; 51160)

Citation: Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180) Open the exhibit

139 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Manufacturing

Ex. SEC-10-035
Executive Order 2020-32 (COVID-19 Executive Order No. 30)

Modified stay at home order (Restore Illinois Phase 2)

Governor J.B. Pritzker, Illinois (State)

Dates
In force from May 1, 2020 to May 29, 2020 (issued Apr. 30, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering capFace-covering requirementWorkplace rules
Functions reached
PF; WH; EN; HR
Grade
Primary source read
Days in this quarter
29

4. Requirements for manufacturers. Manufacturers that continue to operate pursuant to this Order must follow Social Distancing Requirements and take appropriate precautions, which may include: providing face coverings to all employees who are not able to maintain a minimum six-foot social distance at all times; staggering shifts; reducing line speeds; operating only essential lines, while shutting down non-essential lines; ensuring that all spaces where employees may gather... allow for social distancing; and downsizing operations to the extent necessary to allow for social distancing

Enforcement: 20 ILCS 3305/7

Citation: Governor J.B. Pritzker, Executive Order 2020-32 (COVID-19 Executive Order No. 30) (Apr. 30, 2020) (Ex. SEC-10-035) Open the exhibit

Ex. SEC-10-048
Director's Stay Safe Ohio Order

Director's Stay Safe Ohio Order (Apr. 30, 2020): reopening of manufacturing, distribution and construction (May 4), general office (May 4), retail (May 12) under mandatory requirements

Dr. Amy Acton, Director, Ohio Department of Health, Ohio (State)

Dates
In force from May 1, 2020 to May 29, 2020 (issued Apr. 30, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering capFace-covering requirementWorkplace rules
Functions reached
PF; WH; EN; EV (gatherings of 10); WF
Grade
Confirmed from a secondary source
Days in this quarter
29

[scanned PDF; text not machine-read] Manufacturing, distribution and construction businesses may reopen May 4, 2020 subject to the mandatory requirements (employee face coverings, daily symptom assessment, six-foot distancing, sanitation)

Enforcement: R.C. 3701.352 (second-degree misdemeanor)

Citation: Dr. Amy Acton, Director, Ohio Department of Health, Director's Stay Safe Ohio Order (Apr. 30, 2020) (Ex. SEC-10-048) Open the exhibit

Ex. SEC-10-023
Executive Order No. 107

Stay at home; closure of non-essential retail; cancellation of gatherings; telework accommodation

Governor Philip D. Murphy, New Jersey (State)

Dates
In force from Mar. 21, 2020 to June 4, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
EN (office and sales to telework); PF (minimum on-site staff); EV (gatherings cancelled); CB (stay-home); WF
Grade
Primary source read
Days in this quarter
102 (in force on the last day)

All businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements.... To the extent a business or non-profit has employees that cannot perform their functions via telework or work-from-home arrangements, the business or non-profit should make best efforts to reduce staff on site to the minimal number necessary to ensure that essential operations can continue.

Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense)

Citation: Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023) Open the exhibit

Ex. SEC-10-034
Executive Order 2020-10 (COVID-19 Executive Order No. 8)

Stay at home; cessation of non-essential business operations; gatherings prohibited

Governor J.B. Pritzker, Illinois (State)

Dates
In force from Mar. 21, 2020 to Apr. 30, 2020 (issued Mar. 20, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
PF (non-critical manufacturing ceased); WH; SC; DS; EN; EV; CB; WF
Grade
Primary source read
Days in this quarter
41

All businesses and operations in the State, except Essential Businesses and Operations as defined below, are required to cease all activities within the State except Minimum Basic Operations... t. Manufacture, distribution, and supply chain for critical products and industries. Manufacturing companies, distributors, and supply chain companies producing and supplying essential products and services in and for industries such as pharmaceutical, technology, biotechnology, healthcare, chemicals and sanitization, waste pickup and disposal, agriculture, food and beverage, transportation, energy, steel and steel products, petroleum and fuel, mining, construction, national defense, communications, as well as products used by other Essential Businesses and Operations

Enforcement: 20 ILCS 3305/7; Illinois State Police; local law enforcement

Citation: Governor J.B. Pritzker, Executive Order 2020-10 (COVID-19 Executive Order No. 8) (Mar. 20, 2020) (Ex. SEC-10-034) Open the exhibit

Ex. SEC-10-020
Executive Order No. 122

Cessation of non-essential construction; mitigation requirements for essential retail, manufacturing and warehousing; face coverings

Governor Philip D. Murphy, New Jersey (State)

Dates
In force from Apr. 10, 2020 to Nov. 5, 2020 (issued Apr. 8, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Business closureFace-covering requirementWorkplace rules
Functions reached
PF; WH; EV (visitors and tours prohibited); HR (inductions limited); EN
Grade
Primary source read
Days in this quarter
82 (in force on the last day)

Manufacturing businesses, warehousing businesses, and businesses engaged in essential construction projects must adopt policies that include, at minimum, the following requirements: a. Prohibit non-essential visitors from entering the worksite; b. Limit worksite meetings, inductions, and workgroups to groups of fewer than ten individuals; c. Require individuals to maintain six feet or more distance between them wherever possible; d. Stagger work start and stop times where practicable...; e. Stagger lunch breaks and work times where practicable

Enforcement: ¶ 8: N.J.S.A. App. A:9-49, -50

Citation: Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020) Open the exhibit

Ex. SEC-10-044
Emergency Executive Order 20-40

Allowing Workers in Non-Critical Sectors to Return to Safe Workplaces

Governor Tim Walz, Minnesota (State)

Dates
In force from Apr. 26, 2020 to May 18, 2020 (issued Apr. 23, 2020)
Quarters
2020 Q2
Limitations
Business closureTelework mandateWorkplace rules
Functions reached
PF (return conditioned on a written plan, training, posting); EN; HR
Grade
Primary source read
Days in this quarter
23

Businesses covered by this Executive Order. Non-Critical Exempt Businesses... a. Industrial and manufacturing businesses... 6. Requirements for Non-Critical Exempt Businesses. Before workers may return to work at a Non-Critical Exempt Business under this Executive Order, the Non-Critical Exempt Business must establish and implement a COVID-19 Preparedness Plan

Enforcement: Minn. Stat. § 12.45 (misdemeanor); business penalties

Citation: Governor Tim Walz, Emergency Executive Order 20-40 (Apr. 23, 2020) (Ex. SEC-10-044) Open the exhibit

Ex. SEC-10-005
Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19

85 Fed. Reg. 26313 (May 1, 2020)

President (Executive Order 13917), United States (Federal)

Dates
In force from Apr. 28, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesSupply chain
Functions reached
PF (food manufacturing NAICS 3116 ordered to operate under CDC/OSHA conditions); SC; WF
Grade
Primary source read
Days in this quarter
64 (in force on the last day)

the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA

Enforcement: DPA § 103

Citation: President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005) Open the exhibit

Ex. SEC-10-001
Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19

Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19, 85 Fed. Reg. 16227 (Mar. 23, 2020)

President (Executive Order 13909), United States (Federal)

Dates
In force from Mar. 18, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
SC inputs and PPE for production; PF (producers of covered items); DS (distribution redirected)
Grade
Primary source read
Days in this quarter
105 (in force on the last day)

the Secretary of Health and Human Services... shall use any and all authority available under the Act to determine... the proper nationwide priorities and allocation of all health and medical resources, including controlling the distribution of such materials (including applicable services) in the civilian market

Enforcement: DPA § 103 (50 U.S.C. 4513): fine and imprisonment for wilful violation of any order under the Act

Citation: President (Executive Order 13909), Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (Mar. 18, 2020) (Ex. SEC-10-001) Open the exhibit

Ex. SEC-10-026
Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential business guidance)

ESD Guidance on Executive Order 202.6 (as archived June 1, 2020)

Empire State Development (guidance issued under EO 202.6), New York (State)

Dates
In force from Mar. 22, 2020 to June 8, 2020 (issued May 31, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Business closureTelework mandate
Functions reached
PF (non-listed manufacturing at 0 percent in-person); WH; SC; DS; EN; EV
Grade
Primary source read
Days in this quarter
79

3. Essential manufacturing including: food processing, manufacturing agents including all foods and beverages; chemicals; medical equipment/instruments; pharmaceuticals; sanitary products including personal care products regulated by the Food and Drug Administration (FDA); telecommunications; microelectronics/semi-conductor; food-producing agriculture/farms; household paper products; defense industry and the transportation infrastructure; automobiles; any parts or components necessary for essential products that are referenced within this guidance

Enforcement: EO 202.8; Executive Law § 29-a penalties; PHL § 12

Citation: Empire State Development (guidance issued under EO 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential business guidance) (May 31, 2020) (Ex. SEC-10-026) Open the exhibit

Ex. SEC-10-002
Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19

85 Fed. Reg. 17001 (Mar. 26, 2020)

President (Executive Order 13910), United States (Federal)

Dates
In force from Mar. 23, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
SC (accumulation limits on PPE and inputs); DS
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

the Secretary... is delegated the authority of the President... to prevent hoarding of health and medical resources necessary to respond to the spread of COVID-19... including the authority to designate any material as a scarce material

Enforcement: DPA § 102-103; criminal penalties; DOJ enforcement

Citation: President (Executive Order 13910), Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 23, 2020) (Ex. SEC-10-002) Open the exhibit

Ex. SEC-10-050
Executive Order 2020-257 (Healthy at Home)

Closure of all non-life-sustaining businesses

Governor Andy Beshear, Kentucky (State)

Dates
In force from Mar. 26, 2020 to May 11, 2020 (issued Mar. 25, 2020)
Quarters
2020 Q2
Limitations
Business closureTelework mandate
Functions reached
PF; EN; EV; CB; WF
Grade
Confirmed from a secondary source
Days in this quarter
47

[scanned PDF; text not machine-read] All businesses that are not life-sustaining shall close to in-person traffic; life-sustaining businesses include... manufacturing, distribution and supply chain for critical products

Enforcement: KRS 39A.990

Citation: Governor Andy Beshear, Executive Order 2020-257 (Healthy at Home) (Mar. 25, 2020) (Ex. SEC-10-050) Open the exhibit

Ex. SEC-10-003
Executive Order 13911, Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19

85 Fed. Reg. 18403 (Apr. 1, 2020)

President (Executive Order 13911), United States (Federal)

Dates
In force from Mar. 27, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
SC; PF; DS
Grade
Primary source read
Days in this quarter
96 (in force on the last day)

The authority of the President conferred by section 101 of the Act... is delegated to the Secretary of Health and Human Services and the Secretary of Homeland Security

Enforcement: DPA § 103

Citation: President (Executive Order 13911), Executive Order 13911, Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 27, 2020) (Ex. SEC-10-003) Open the exhibit

Ex. SEC-10-010
Memorandum on Order Under the Defense Production Act Regarding General Motors Company

Order Under the Defense Production Act Regarding General Motors Company

President (Memorandum for the Secretary of HHS), United States (Federal)

Dates
In force from Mar. 27, 2020 to Apr. 8, 2020
Quarters
2020 Q22020 Q3
Limitations
Supply chain
Functions reached
PF (compelled production at a named manufacturer); SC (its suppliers); DS (customers displaced by priority orders)
Grade
Primary source read
Days in this quarter
13

The Secretary shall use any and all authority available under the Act to require General Motors Company to accept, perform, and prioritize contracts or orders for the number of ventilators that the Secretary determines to be appropriate.

Enforcement: DPA § 103

Citation: President (Memorandum for the Secretary of HHS), Memorandum on Order Under the Defense Production Act Regarding General Motors Company (Mar. 27, 2020) (Ex. SEC-10-010) Open the exhibit

Ex. SEC-10-011
Memorandum on Order Under the Defense Production Act Regarding 3M Company

Order Under the Defense Production Act Regarding 3M Company

President (Memorandum for the Secretary of Homeland Security), United States (Federal)

Dates
In force from Apr. 2, 2020 to Apr. 6, 2020
Quarters
2020 Q22020 Q3
Limitations
Supply chain
Functions reached
PF; SC (respirator supply to every other manufacturer redirected); DS
Grade
Primary source read
Days in this quarter
5

the Administrator of the Federal Emergency Management Agency... shall use any and all authority available under the Act to acquire, from any appropriate subsidiary or affiliate of 3M Company, the number of N-95 respirators that the Administrator determines to be appropriate.

Enforcement: DPA § 103

Citation: President (Memorandum for the Secretary of Homeland Security), Memorandum on Order Under the Defense Production Act Regarding 3M Company (Apr. 2, 2020) (Ex. SEC-10-011) Open the exhibit

Ex. SEC-10-012
Memorandum on Order Under the Defense Production Act Regarding the Purchase of Ventilators

Order Under the Defense Production Act Regarding the Purchase of Ventilators

President (Memorandum for the Secretary of HHS), United States (Federal)

Dates
In force from Apr. 2, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Supply chain
Functions reached
PF; SC (component suppliers to six named manufacturers rated ahead of commercial orders); DS
Grade
Primary source read
Days in this quarter
90 (in force on the last day)

shall use any and all authority available under the Act to facilitate the supply of materials to the appropriate subsidiary or affiliate of the following entities for the production of ventilators: General Electric Company; Hill-Rom Holdings, Inc.; Medtronic Public Limited Company; ResMed Inc.; Royal Philips N.V.; and Vyaire Medical, Inc.

Enforcement: DPA § 103; priority ratings on suppliers

Citation: President (Memorandum for the Secretary of HHS), Memorandum on Order Under the Defense Production Act Regarding the Purchase of Ventilators (Apr. 2, 2020) (Ex. SEC-10-012) Open the exhibit

Ex. SEC-10-013
Memorandum on Allocating Certain Scarce or Threatened Health and Medical Resources to Domestic Use

President (Memorandum for the Secretaries of HHS and Homeland Security), United States (Federal)

Dates
In force from Apr. 3, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Travel and quarantineSupply chain
Functions reached
SC; DS (export sales barred); PF (producers of covered items)
Grade
Primary source read
Days in this quarter
89 (in force on the last day)

shall use any and all authority available under section 101 of the Act to allocate to domestic use, as appropriate, the following scarce or threatened materials designated by the Secretary of Health and Human Services under section 102 of the Act: (a) N-95 Filtering Facepiece Respirators...

Enforcement: DPA § 103; CBP detention of shipments

Citation: President (Memorandum for the Secretaries of HHS and Homeland Security), Memorandum on Allocating Certain Scarce or Threatened Health and Medical Resources to Domestic Use (Apr. 3, 2020) (Ex. SEC-10-013) Open the exhibit

Ex. SEC-10-004
Temporary final rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328

85 Fed. Reg. 20195 (Apr. 10, 2020)

Federal Emergency Management Agency, DHS, United States (Federal)

Dates
In force from Apr. 7, 2020 to Aug. 10, 2020 (issued Apr. 10, 2020)
Quarters
2020 Q22020 Q3
Limitations
Supply chain
Functions reached
SC; DS (export); WH (shipments detained)
Grade
Primary source read
Days in this quarter
85 (in force on the last day)

no shipments of such designated materials may leave the United States without explicit approval by FEMA... FEMA... will determine whether to return for domestic use or issue a rating for the shipment

Enforcement: DPA § 103; CBP detention

Citation: Federal Emergency Management Agency, DHS, Temporary final rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328 (Apr. 10, 2020) (Ex. SEC-10-004) Open the exhibit

Ex. SEC-10-053
CHFS Order of May 9, 2020 and Healthy at Work Minimum Requirements (Version 1.1, effective May 9, 2020)

Healthy at Work Minimum Requirements for all entities

Cabinet for Health and Family Services (Secretary Eric Friedlander) at the direction of the Governor, Kentucky (State)

Dates
In force from May 9, 2020 to June 11, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Telework mandateCapacity limitFace-covering requirementWorkplace rules
Functions reached
PF; WH; EN; HR; WF
Grade
Primary source read
Days in this quarter
53 (in force on the last day)

VERSION 1.1 - Effective May 9, 2020... [entities must implement] telework where possible, six-foot distancing, face coverings, hand sanitizer, sanitation, daily temperature and health checks, restricted common areas, and a designated healthy-at-work officer

Enforcement: KRS 211.990; KRS 39A.990

Citation: Cabinet for Health and Family Services (Secretary Eric Friedlander) at the direction of the Governor, CHFS Order of May 9, 2020 and Healthy at Work Minimum Requirements (Version 1.1, effective May 9, 2020) (Ex. SEC-10-053) Open the exhibit

Ex. SEC-10-051
Healthy at Work Requirements for Manufacturing, Distribution, and Supply Chain Businesses, Version 1.2

Requirements for Manufacturing, Distribution, and Supply Chain Businesses (effective May 11, 2020)

Cabinet for Health and Family Services; Governor (Healthy at Work), Kentucky (State)

Dates
In force from May 11, 2020 to June 11, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Capacity limitFace-covering requirementWorkplace rules
Functions reached
PF; WH (dock interaction); HR; WF
Grade
Primary source read
Days in this quarter
51 (in force on the last day)

In addition to the Healthy at Work Minimum Requirements, manufacturing, distribution, and supply chain businesses must meet the requirements below in order to reopen and remain open:... Businesses must ensure that each employee is able to maintain six (6) foot distance between themselves and others for their entire shift. Controls must be established and maintained when six (6) feet of physical distancing is not feasible... Businesses must restrict access to common areas... Businesses must ensure minimal interaction between drivers at loading docks

Enforcement: KRS 211.990; KRS 39A.990; CHFS enforcement

Citation: Cabinet for Health and Family Services; Governor (Healthy at Work), Healthy at Work Requirements for Manufacturing, Distribution, and Supply Chain Businesses, Version 1.2 (May 11, 2020) (Ex. SEC-10-051) Open the exhibit

Ex. SEC-10-007
Final rule, Emergency Management Priorities and Allocations System (EMPAS), 44 C.F.R. part 333

85 Fed. Reg. 28500 (May 13, 2020)

FEMA, DHS, United States (Federal)

Dates
In force from May 13, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
PF (rated orders displace commercial production); SC; DS
Grade
Primary source read
Days in this quarter
49 (in force on the last day)

A person must accept a rated order... and must give it priority over unrated orders

Enforcement: DPA § 103

Citation: FEMA, DHS, Final rule, Emergency Management Priorities and Allocations System (EMPAS), 44 C.F.R. part 333 (May 13, 2020) (Ex. SEC-10-007) Open the exhibit

Ex. SEC-10-045
Emergency Executive Order 20-56

Safely Reopening Minnesota's Economy and Ensuring Safe Non-Work Activities during the COVID-19 Peacetime Emergency

Governor Tim Walz, Minnesota (State)

Dates
In force from May 18, 2020 to June 30, 2021 (issued May 13, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Telework mandateGathering capWorkplace rules
Functions reached
PF; EN; HR; WF
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

Workers who can work from home must continue to do so... [businesses may reopen only after adopting] a COVID-19 Preparedness Plan

Enforcement: Minn. Stat. § 12.45

Citation: Governor Tim Walz, Emergency Executive Order 20-56 (May 13, 2020) (Ex. SEC-10-045) Open the exhibit

Ex. SEC-10-046
Sector-Specific Workplace Safety Standards for Manufacturing to Address COVID-19 (Phase I), with checklist

Safety Standards and Checklist: Manufacturing (mass.gov, May 18, 2020)

Governor Charles D. Baker; Department of Public Health; Executive Office of Housing and Economic Development, Massachusetts (State)

Dates
In force from May 18, 2020 to May 29, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Capacity limitFace-covering requirementWorkplace rules
Functions reached
PF; WH; HR; WF
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

Below are mandatory safety standards, recommended best practices and a checklist for manufacturing... Face coverings are required for all workers, except where doing so is unsafe... Physical partitions separating workstations must be installed for areas that cannot be spaced out (partitions must be taller than a standing worker)... Cafeterias must practice physical distancing... Workers must stay home if feeling ill

Enforcement: Order No. 33 § 4; local boards of health and DLS; fines and closure

Citation: Governor Charles D. Baker; Department of Public Health; Executive Office of Housing and Economic Development, Sector-Specific Workplace Safety Standards for Manufacturing to Address COVID-19 (Phase I), with checklist (May 18, 2020) (Ex. SEC-10-046) Open the exhibit

Ex. SEC-10-037
Executive Order 2020-43 (COVID-19 Executive Order No. 41)

Restore Illinois Phase 4

Governor J.B. Pritzker, Illinois (State)

Dates
In force from June 26, 2020 to Aug. 18, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Telework mandateCapacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Functions reached
PF; EV (trade shows at McCormick Place and every Illinois venue capped at 50); EN; WF
Grade
Primary source read
Days in this quarter
5 (in force on the last day)

d. Limit gatherings. Any gathering of more than fifty people is prohibited unless exempted... c. Requirements for manufacturers. Manufacturers must ensure all employees practice social distancing and must take appropriate precautions... e. Requirements for meetings and events. Indoor venues and meeting spaces can operate with the lesser of fifty attendees or fifty percent of room capacity

Enforcement: 20 ILCS 3305/7; IDPH; local health departments

Citation: Governor J.B. Pritzker, Executive Order 2020-43 (COVID-19 Executive Order No. 41) (June 26, 2020) (Ex. SEC-10-037) Open the exhibit

Third quarter of 2020 (July 1, 2020 to Sept. 30, 2020)

Federal layer

Ex. FED-029
No Sail Order; Second Modification and Extension (July 16, 2020)

No Sail Order and Suspension of Further Embarkation; Second Modification and Extension of No Sail Order and Other Measures Related to Operations, 85 Fed. Reg. 44085 (July 21, 2020)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates
In force from July 16, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Business closureTravel and quarantineEvents and venues
Functions reached
TV; GS; CB; SC
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

[second extension of the No Sail Order through September 30, 2020]

Enforcement: same as FED-027

Citation: Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029) Open the exhibit

Ex. FED-077
Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)

Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use, 85 Fed. Reg. 48113 (Aug. 10, 2020)

Federal Emergency Management Agency, DHS, United States (Federal)

Dates
In force from Aug. 10, 2020 to Dec. 31, 2020
Quarters
2020 Q32020 Q4
Limitations
Travel and quarantineSupply chain
Functions reached
SC/DS; PT ports
Grade
Primary source read
Days in this quarter
52 (in force on the last day)

While this rule remains in effect, and subject to certain exemptions stated below, no shipments of such designated materials may leave the United States without explicit approval by FEMA. Through this extension, FEMA modifies the types of PPE covered and extends the duration of the temporary final rule. DATES: Effective date: This rule is effective from August 10, 2020 until December 31, 2020.

Enforcement: as for FED-075

Citation: Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077) Open the exhibit

Ex. FED-322
Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020)

Temporary Changes to Requirements Affecting H-2A Nonimmigrants: Partial Extension of Certain Flexibilities

DHS, USCIS, United States (H-2A) (Federal)

Dates
In force from Aug. 19, 2020 to Dec. 17, 2020 (issued Aug. 20, 2020)
Quarters
2020 Q32020 Q4
Limitations
Supply chainOther
Functions reached
LB; FP; SC
Grade
Primary source read
Days in this quarter
43 (in force on the last day)

DATES: This final rule is effective from August 19, 2020, through August 19, 2023. Employers may request the flexibilities under this rule by filing an H-2A petition on or after August 19, 2020 and through December 17, 2020.

Enforcement: USCIS adjudication

Citation: DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322) Open the exhibit

Ex. FED-168
CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022)

QSO-20-38-NH (Aug. 26, 2020)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid LTC facilities) (Federal)

Dates
In force from Aug. 26, 2020 to Sept. 23, 2022
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesQuarantine and isolation
Functions reached
IC/RS nursing homes (home-care-senior-living); HR/WF of every contractor and agency worker serving nursing homes (staffing PL; hospice and home health HC; therapy; physicians CL; personal services SL); OF
Grade
Primary source read
Days in this quarter
36 (in force on the last day)

Specifically, facilities are required to test residents and staff, including individuals providing services under arrangement and volunteers, for COVID-19 based on parameters set forth by the HHS Secretary. This memorandum provides guidance for facilities to meet the new requirements.... Routine Testing of Staff: Routine testing should be based on the extent of the virus in the community, therefore facilities should use their county positivity rate in the prior week as the trigger for staff testing frequency. [Table: county positivity Low (<5%) - Once a month; Medium (5%-10%) - Once a week; High (>10%) - Twice a week.]... (5) Have procedures for addressing residents and staff, including individuals providing services under arrangement and volunteers, who refuse testing or are unable to be tested.

Enforcement: F-tag F886 citations; civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168) Open the exhibit

Ex. FED-092
CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022)

Medicare and Medicaid Programs, Clinical Laboratory Improvement Amendments (CLIA), and Patient Protection and Affordable Care Act; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 54820 (Sept. 2, 2020)

Centers for Medicare & Medicaid Services, HHS, United States (Medicare and Medicaid long-term care facilities; hospitals and CAHs; CLIA laboratories) (Federal)

Dates
In force from Sept. 2, 2020 to May 11, 2023
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesQuarantine and isolation
Functions reached
RS residential care and IC infection control (nursing homes: mandatory routine staff testing keyed to county positivity, FED-168); HR/WF of nursing homes and of every contractor, therapist, hospice worker, agency nurse and vendor 'providing services under arrangement' (staffing agencies PL; home health HC; physicians CL); IP/ED hospitals (federal daily reporting)
Grade
Primary source read
Days in this quarter
29 (in force on the last day)

This interim final rule with comment period (IFC) revises regulations to strengthen CMS' ability to enforce compliance with Medicare and Medicaid long-term care (LTC) facility requirements for reporting information related to coronavirus disease 2019 (COVID-19), establishes a new requirement for LTC facilities for COVID-19 testing of facility residents and staff, establishes new requirements in the hospital and critical access hospital (CAH) Conditions of Participation (CoPs) for tracking the incidence and impact of COVID-19... § 483.80(h): The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: F-tag F886 citations and civil money penalties for LTC facilities; hospital CoP enforcement (42 C.F.R. § 482.42(e)); CLIA sanctions

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092) Open the exhibit

Ex. FED-172
Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)

Paid Leave Under the Families First Coronavirus Response Act, 85 Fed. Reg. 57677 (Sept. 16, 2020)

Wage and Hour Division, U.S. Department of Labor, United States (Federal)

Dates
In force from Sept. 16, 2020 to Dec. 31, 2020 (issued Sept. 11, 2020)
Quarters
2020 Q32020 Q4
Limitations
Schools and child careWorkplace rulesQuarantine and isolation
Functions reached
WF; HR (health care employers lost the broad exclusion from Sept. 16, 2020)
Grade
Primary source read
Days in this quarter
15 (in force on the last day)

DATES: This rule is effective from September 16, 2020 through December 31, 2020.... On August 3, 2020, the District Court ruled that four parts of the temporary rule are invalid: (1) The requirement under § 826.20 that paid sick leave and expanded family and medical leave are available only if an employee has work from which to take leave; (2) the requirement under § 826.50 that an employee may take FFCRA leave intermittently only with employer approval; (3) the definition of an employee who is a 'health care provider,' set forth in § 826.30(c)(1), whom an employer may exclude from being eligible for FFCRA leave; and (4) the statement in § 826.100 that employees who take FFCRA leave must provide their employers with certain documentation before taking leave.

Enforcement: FLSA enforcement

Citation: Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172) Open the exhibit

Ex. FED-333
General Order 72-6

In re: COVID Public Health Emergency (General Order 72-6)

Chief Judge Phyllis J. Hamilton, United States District Court for the Northern District of California (Court)

Dates
In force from Sept. 16, 2020 to July 1, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Business closureCourts and public offices
Functions reached
CT courthouses closed to public events and tours; most appearances remote; in force Sept. 16, 2020 - June 30, 2021
Grade
Primary source read
Days in this quarter
15 (in force on the last day)

Orders as follows, effective immediately: 1. Jury trials and bench trials may proceed in accordance with the logistical considerations [necessitated by the pandemic]... 3. Other court appearances may be waived or postponed, or may be conducted by telephone or [videoconference]... [in-person proceedings other than trials] are suspended pending further notice, unless a judge orders otherwise in a specific case.... 3. Pending further notice, the courthouses and law libraries are closed for public events, tours, and [gatherings]... 4. Effective immediately, this General Order supersedes General Order 72-5. ADOPTED: September 16, 2020

Enforcement: court order

Citation: Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333) Open the exhibit

Ex. FED-030
No Sail Order; Third Modification and Extension (Sept. 30, 2020)

No Sail Order and Suspension of Further Embarkation; Third Modification and Extension of No Sail Order and Other Measures Related to Operations, 85 Fed. Reg. 62732 (Oct. 5, 2020)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates
In force from Sept. 30, 2020 to Oct. 31, 2020
Quarters
2020 Q32020 Q4
Limitations
Business closureTravel and quarantineEvents and venues
Functions reached
TV; GS; CB; SC
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

[extends the No Sail Order to the earliest of the PHE's expiration, rescission, or] October 31, 2020.

Enforcement: same as FED-027

Citation: Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030) Open the exhibit

Ex. FED-181
Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV

Determination of Public Health Emergency, 85 Fed. Reg. 7316 (Feb. 7, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates
In force from Feb. 4, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationHealth care orders
Functions reached
context: the earliest federal emergency determination (Feb. 4, 2020); the legal basis of every COVID-19 test EUA
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

On February 4, 2020, the Secretary determined pursuant to his authority under section 564 of the FD&C Act that there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves a novel (new) coronavirus (nCoV) first detected in Wuhan City, Hubei Province, China in 2019 (2019-nCoV). On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of this novel coronavirus (2019-nCoV) pursuant to section 564 of the FD&C Act

Enforcement: Framework for FDA emergency use authorizations

Citation: Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181) Open the exhibit

Ex. FED-001
Proclamation 9994

Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 15337 (Mar. 18, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for every federal health-care instrument (FED-090 to FED-099, FED-160)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

do hereby find and proclaim that the COVID-19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. Pursuant to this declaration, I direct as follows: Section 1. Emergency Authority. The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak.

Enforcement: Predicate only; operates through the instruments it enables (§ 1135 waivers; CMS interim final rules; Stafford Act assistance)

Citation: President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001) Open the exhibit

Ex. FED-160
COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

Centers for Medicare & Medicaid Services, HHS, United States (Medicare, Medicaid and CHIP providers) (Federal)

Dates
In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersOther
Functions reached
TM telehealth (physician practices, behavioral health); IP surge capacity and 'hospitals without walls' (hospitals); HC/SN home health assessments and supervision (home care); OF credentialing and administration (HR); CB payers
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

CMS is empowered to take proactive steps through 1135 waivers as well as, where applicable, authority granted under section 1812(f) of the Social Security Act (the Act) and rapidly expand the Administration's aggressive efforts against COVID-19. As a result, the following blanket waivers are in effect, with a retroactive effective date of March 1, 2020 through the end of the emergency declaration.... Home Health Agencies (HHAs): Initial Assessments. CMS is waiving the requirements at 42 CFR § 484.55(a) to allow HHAs to perform Medicare-covered initial assessments and determine patients' homebound status remotely or by record review. Waive Onsite Visits for HHA Aide Supervision. CMS is waiving the requirements at 42 CFR § 484.80(h), which require a nurse to conduct an onsite visit every two weeks.

Enforcement: Modifies otherwise mandatory conditions of participation; survey and certification

Citation: Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160) Open the exhibit

Ex. FED-201
Proclamation 9992

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (Islamic Republic of Iran), 85 Fed. Reg. 12855 (Mar. 4, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantine
Functions reached
TV inbound travel; CB foreign customer base
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on March 2, 2020.

Enforcement: Sec. 3 implementation by State and DHS; removal priority for circumvention

Citation: President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201) Open the exhibit

Continuing in force from an earlier quarter of this report (28 instruments):

ExhibitCitationDatesLimitations
Ex. FED-073President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)In force from Apr. 28, 2020 to Apr. 10, 2023Workplace rulesSupply chain
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-097CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)In force from Mar. 13, 2020 to Sept. 17, 2020Business closureGathering capHealth care orders
Ex. FED-027Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)In force from Mar. 14, 2020 to Dec. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-266Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)In force from Mar. 20, 2020 to Dec. 31, 2020Telework mandateWorkplace rules
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-391U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)In force from Mar. 23, 2020 to Sept. 30, 2020Business closureCourts and public offices
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-072President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. FED-170Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-075Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)In force from Apr. 7, 2020 to Aug. 10, 2020Travel and quarantineSupply chain
Ex. FED-028Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)Business closureTravel and quarantineEvents and venues
Ex. FED-192The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)In force from Apr. 16, 2020 to Sept. 30, 2020Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-076Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)In force from Apr. 17, 2020 to June 30, 2021Supply chain
Ex. FED-268Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)In force from Apr. 20, 2020 to June 10, 2021Telework mandateWorkplace rules
Ex. FED-320U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)In force from Apr. 20, 2020 to Aug. 18, 2020Supply chainOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-393U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)Business closure
Ex. FED-325U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders

123 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Manufacturing

Ex. SEC-10-042
16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19

16VAC25-220 ETS (adopted July 15, 2020; effective July 27, 2020)

Virginia Safety and Health Codes Board; Department of Labor and Industry, Virginia (Sector regulator)

Dates
In force from July 27, 2020 to Jan. 27, 2021
Quarters
2020 Q32020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
PF (exposure classification of every job task; screening; notification within 24 hours; return-to-work; distancing; face coverings; sanitation); WH; EN; HR; WF
Grade
Primary source read
Days in this quarter
66 (in force on the last day)

16VAC25-220-10. Purpose, scope, and applicability... This emergency temporary standard shall take immediate effect July 27, 2020... [and] shall expire (i) within six months of its effective date... 16VAC25-220-40. Mandatory requirements for all employers.

Enforcement: Va. Code § 40.1-49.4 (VOSH citations and civil penalties)

Citation: Virginia Safety and Health Codes Board; Department of Labor and Industry, 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 27, 2020) (Ex. SEC-10-042) Open the exhibit

Ex. SEC-10-006
Executive Order 13944, Combating Public Health Emergencies and Strengthening National Security by Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States

85 Fed. Reg. 49929 (Aug. 14, 2020)

President (Executive Order 13944), United States (Federal)

Dates
In force from Aug. 6, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chainOther
Functions reached
DS (federal procurement redirected to domestic producers); SC (foreign inputs displaced)
Grade
Primary source read
Days in this quarter
56 (in force on the last day)

agencies shall... limit competition to only Essential Medicines, Medical Countermeasures, and Critical Inputs that are produced in the United States

Enforcement: Procurement regulations; FAR

Citation: President (Executive Order 13944), Executive Order 13944, Combating Public Health Emergencies and Strengthening National Security by Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (Aug. 6, 2020) (Ex. SEC-10-006) Open the exhibit

Ex. SEC-10-008
Temporary final rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use (extension with modifications)

85 Fed. Reg. 48113 (Aug. 10, 2020)

FEMA, DHS, United States (Federal)

Dates
In force from Aug. 10, 2020 to Dec. 31, 2020
Quarters
2020 Q32020 Q4
Limitations
Supply chain
Functions reached
SC; DS; WH
Grade
Primary source read
Days in this quarter
52 (in force on the last day)

the allocation order... of covered materials... shall be extended... no shipments of such designated materials may leave the United States without explicit approval by FEMA

Enforcement: DPA § 103; CBP

Citation: FEMA, DHS, Temporary final rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use (extension with modifications) (Aug. 10, 2020) (Ex. SEC-10-008) Open the exhibit

Continuing in force from an earlier quarter of this report (18 instruments):

ExhibitCitationDatesLimitations
Ex. SEC-10-023Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023)In force from Mar. 21, 2020 to June 4, 2021Stay-at-homeBusiness closureTelework mandateGathering cap
Ex. SEC-10-020Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020)In force from Apr. 10, 2020 to Nov. 5, 2020 (issued Apr. 8, 2020)Business closureFace-covering requirementWorkplace rules
Ex. SEC-10-005President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005)In force from Apr. 28, 2020 to Sept. 30, 2021Workplace rulesSupply chain
Ex. SEC-10-001President (Executive Order 13909), Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (Mar. 18, 2020) (Ex. SEC-10-001)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-026Empire State Development (guidance issued under EO 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential business guidance) (May 31, 2020) (Ex. SEC-10-026)In force from Mar. 22, 2020 to June 8, 2020 (issued May 31, 2020)Business closureTelework mandate
Ex. SEC-10-002President (Executive Order 13910), Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 23, 2020) (Ex. SEC-10-002)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-003President (Executive Order 13911), Executive Order 13911, Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 27, 2020) (Ex. SEC-10-003)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-010President (Memorandum for the Secretary of HHS), Memorandum on Order Under the Defense Production Act Regarding General Motors Company (Mar. 27, 2020) (Ex. SEC-10-010)In force from Mar. 27, 2020 to Apr. 8, 2020Supply chain
Ex. SEC-10-011President (Memorandum for the Secretary of Homeland Security), Memorandum on Order Under the Defense Production Act Regarding 3M Company (Apr. 2, 2020) (Ex. SEC-10-011)In force from Apr. 2, 2020 to Apr. 6, 2020Supply chain
Ex. SEC-10-012President (Memorandum for the Secretary of HHS), Memorandum on Order Under the Defense Production Act Regarding the Purchase of Ventilators (Apr. 2, 2020) (Ex. SEC-10-012)In force from Apr. 2, 2020 to Sept. 30, 2020Supply chain
Ex. SEC-10-013President (Memorandum for the Secretaries of HHS and Homeland Security), Memorandum on Allocating Certain Scarce or Threatened Health and Medical Resources to Domestic Use (Apr. 3, 2020) (Ex. SEC-10-013)In force from Apr. 3, 2020 to June 30, 2021Travel and quarantineSupply chain
Ex. SEC-10-004Federal Emergency Management Agency, DHS, Temporary final rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328 (Apr. 10, 2020) (Ex. SEC-10-004)In force from Apr. 7, 2020 to Aug. 10, 2020 (issued Apr. 10, 2020)Supply chain
Ex. SEC-10-053Cabinet for Health and Family Services (Secretary Eric Friedlander) at the direction of the Governor, CHFS Order of May 9, 2020 and Healthy at Work Minimum Requirements (Version 1.1, effective May 9, 2020) (Ex. SEC-10-053)In force from May 9, 2020 to June 11, 2021Telework mandateCapacity limitFace-covering requirementWorkplace rules
Ex. SEC-10-051Cabinet for Health and Family Services; Governor (Healthy at Work), Healthy at Work Requirements for Manufacturing, Distribution, and Supply Chain Businesses, Version 1.2 (May 11, 2020) (Ex. SEC-10-051)In force from May 11, 2020 to June 11, 2021Capacity limitFace-covering requirementWorkplace rules
Ex. SEC-10-007FEMA, DHS, Final rule, Emergency Management Priorities and Allocations System (EMPAS), 44 C.F.R. part 333 (May 13, 2020) (Ex. SEC-10-007)In force from May 13, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-045Governor Tim Walz, Emergency Executive Order 20-56 (May 13, 2020) (Ex. SEC-10-045)In force from May 18, 2020 to June 30, 2021 (issued May 13, 2020)Telework mandateGathering capWorkplace rules
Ex. SEC-10-046Governor Charles D. Baker; Department of Public Health; Executive Office of Housing and Economic Development, Sector-Specific Workplace Safety Standards for Manufacturing to Address COVID-19 (Phase I), with checklist (May 18, 2020) (Ex. SEC-10-046)In force from May 18, 2020 to May 29, 2021Capacity limitFace-covering requirementWorkplace rules
Ex. SEC-10-037Governor J.B. Pritzker, Executive Order 2020-43 (COVID-19 Executive Order No. 41) (June 26, 2020) (Ex. SEC-10-037)In force from June 26, 2020 to Aug. 18, 2020Telework mandateCapacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules

Fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020)

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

Framework for Conditional Sailing and Initial Phase COVID-19 Testing Requirements for Protection of Crew, 85 Fed. Reg. 70153 (Nov. 4, 2020)

Centers for Disease Control and Prevention, HHS, United States (cruise ships operating or intending to operate in U.S. waters) (Federal)

Dates
In force from Oct. 30, 2020 to Nov. 1, 2021
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Functions reached
TV travel demand; GS group sales; CB passengers and port economies; SC; EVT (shipboard events, conventions at sea)
Grade
Primary source read
Days in this quarter
63 (in force on the last day)

This Order establishes a framework for a phased approach to resuming cruise ship passenger operations in U.S. waters. This phased approach will include: (1) Establishment of laboratory testing of crew onboard cruise ships in U.S. waters; (2) simulated voyages designed to test a cruise ship operators' ability to mitigate COVID-19 onboard cruise ships; (3) a certification process; and (4) a return to passenger voyages in a manner that mitigates the risk of COVID-19 introduction, transmission, or spread among passengers and crew onboard ships and ashore to communities.... This Order is effective upon signature and shall remain in effect until the earliest of... (3) November 1, 2021.

Enforcement: 42 U.S.C. § 271; 42 C.F.R. §§ 70.18, 71.2; Coast Guard

Citation: Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031) Open the exhibit

Ex. FED-303
Standing Order 20-17

In re: Suspension of In-Person Judicial Proceedings and Modification of Second Extension of Standing Order 2020-12, Due to the Resurgence of COVID-19

Chief Judge Freda L. Wolfson, United States District Court for the District of New Jersey (Court)

Dates
In force from Nov. 25, 2020 to Sept. 30, 2021
Quarters
2020 Q42021 Q1
Limitations
Business closureCourts and public offices
Functions reached
CT the federal court in New Jersey suspended all in-person proceedings for the winter 2020-21 resurgence; CS
Grade
Primary source read
Days in this quarter
37 (in force on the last day)

WHEREAS, on June 25, 2020, New Jersey issued a travel advisory... [which] ballooned to 46 states and U.S. jurisdictions, as of November 17, 2020;... WHEREAS, on November 23, 2020, COVID-19-related hospitalizations in New Jersey [reached their highest level since May]... [ORDERED that all in-person judicial proceedings in the District, including criminal proceedings, are suspended]...

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303) Open the exhibit

Ex. FED-323
Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020)

Temporary Changes to Requirements Affecting H-2A Nonimmigrants: Extension of Certain Flexibilities

DHS, USCIS, United States (H-2A) (Federal)

Dates
In force from Dec. 18, 2020 to June 16, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Supply chainOther
Functions reached
LB; FP; SC
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

DATES: This final rule is effective from December 18, 2020, through December 18, 2023. Employers may request the flexibilities under this rule by filing an H-2A petition on or after December 18, 2020, and through June 16, 2021.

Enforcement: USCIS adjudication

Citation: DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323) Open the exhibit

Ex. FED-078
Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)

Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use, 85 Fed. Reg. 86835 (Dec. 31, 2020)

Federal Emergency Management Agency, DHS, United States (Federal)

Dates
In force from Dec. 31, 2020 to June 30, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Travel and quarantineSupply chain
Functions reached
SC/DS; PT ports
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

DATES: Effective date: This rule is effective from December 31, 2020 until June 30, 2021.... FEMA is now further extending and modifying this rule to reflect current domestic supply needs of health and medical resources to promote the national defense. The temporary final rule, as extended and modified, will remain in effect until June 30, 2021, unless sooner modified or terminated by the Administrator.

Enforcement: as for FED-075

Citation: Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078) Open the exhibit

Ex. FED-096
CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)

QSO-20-13-Hospitals

CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, United States (Medicare-participating hospitals) (Federal)

Dates
In force from Mar. 4, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care orders
Functions reached
ED intake and screening; VS visitation; IC infection control; IP placement and discharge
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Hospital Guidance and Actions - CMS regulations and guidance support hospitals taking appropriate action to address potential and confirmed COVID cases and mitigate transmission including screening, discharge and transfers from the hospital, and visitation.... Hospitals should identify visitors and patients at risk for having COVID-19 infection before or immediately upon arrival to the healthcare facility.

Enforcement: Hospital CoP survey and enforcement (42 C.F.R. § 482.42)

Citation: CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096) Open the exhibit

Ex. FED-098
QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)

QSO-20-18-HHA

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid home health agencies) (Federal)

Dates
In force from Mar. 10, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care orders
Functions reached
HC in-home visits (pre-visit screening); IC infection control; HR/WF staff monitoring
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

This memorandum responds to questions we have received and provides important guidance for all Medicare and Medicaid participating Home Health Agencies (HHAs) in addressing the COVID-19 outbreak and minimizing transmission to other individuals.... HHAs should be monitoring the health status of everyone (patients/residents/visitors/staff/etc.) in the homecare setting for signs or symptoms of COVID-19.... When making a home visit, HHAs should identify patients at risk for having COVID-19 infection before or immediately upon arrival to the home.

Enforcement: HHA CoP survey and certification (42 C.F.R. § 484.70)

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098) Open the exhibit

Ex. FED-006
Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020)

Letter from President Donald J. Trump on Emergency Determination under the Stafford Act

President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), United States (every State, Tribe, territory and the District of Columbia) (Federal)

Dates
In force from Mar. 13, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for every State's FEMA Public Assistance Category B measures (the funding behind State and local emergency operations)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Therefore, as an initial step, I hereby determine, under section 501(b) of the Stafford Act, that an emergency exists nationwide. In accordance with this determination, the Federal Emergency Management Agency may provide, as appropriate, assistance pursuant to section 502 and 503 of the Stafford Act for emergency protective measures not authorized under other Federal statutes.

Enforcement: Predicate and funding instrument

Citation: President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006) Open the exhibit

Ex. FED-202
Proclamation 9993

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (Schengen Area), 85 Fed. Reg. 15045 (Mar. 16, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Travel and quarantine
Functions reached
TV inbound European business travel; SC European supplier visits and engineering support; MK European attendance at U.S. trade shows; CB European customers and distributors; TR outbound travel (European reciprocal bans as facts and circumstances)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on March 13, 2020.

Enforcement: Sec. 3 implementation by State and DHS; removal priority for circumvention

Citation: President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202) Open the exhibit

Continuing in force from an earlier quarter of this report (32 instruments):

ExhibitCitationDatesLimitations
Ex. FED-073President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)In force from Apr. 28, 2020 to Apr. 10, 2023Workplace rulesSupply chain
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-027Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)In force from Mar. 14, 2020 to Dec. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-266Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)In force from Mar. 20, 2020 to Dec. 31, 2020Telework mandateWorkplace rules
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-072President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. FED-170Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-076Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)In force from Apr. 17, 2020 to June 30, 2021Supply chain
Ex. FED-268Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)In force from Apr. 20, 2020 to June 10, 2021Telework mandateWorkplace rules
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-325U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-077Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)In force from Aug. 10, 2020 to Dec. 31, 2020Travel and quarantineSupply chain
Ex. FED-322DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)In force from Aug. 19, 2020 to Dec. 17, 2020 (issued Aug. 20, 2020)Supply chainOther
Ex. FED-168CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)In force from Aug. 26, 2020 to Sept. 23, 2022Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)In force from Sept. 2, 2020 to May 11, 2023Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-172Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)In force from Sept. 16, 2020 to Dec. 31, 2020 (issued Sept. 11, 2020)Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-030Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)In force from Sept. 30, 2020 to Oct. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine

120 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Manufacturing

Ex. SEC-10-024
Ballotpedia, Documenting Michigan's path to recovery from the coronavirus (COVID-19) pandemic, 2020-2021 (secondary chronology)

Secondary source for: MIOSHA extension of the COVID-19 workplace emergency rules on Apr. 13, 2021 'through Oct. 14' [2021]; the rules' requirements; the June 22, 2021 end of most remaining statewide restrictions

Ballotpedia (secondary source) recording MIOSHA and Governor actions, Michigan (State)

Dates
In force from Oct. 14, 2020 to June 22, 2021 (issued June 22, 2021)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Telework mandateFace-covering requirementWorkplace rules
Functions reached
PF (manufacturing-specific rule); EN (in-person work prohibited where feasibly remote); HR; WF
Grade
Confirmed from a secondary source
Days in this quarter
79 (in force on the last day)

On Tuesday, April 13, the Michigan Department of Labor and Economic Opportunity (MIOSHA) extended COVID-19 workplace emergency rules through Oct. 14. The rules require businesses that allow in-person work to create a COVID-19 preparedness and response plan. Those businesses must also have procedures in place for cleaning and disinfection and for dealing with sick employees. The emergency rules also include industry-specific guidelines.

Enforcement: MIOSHA citations and penalties (MCL 408.1035)

Citation: Ballotpedia (secondary source) recording MIOSHA and Governor actions, Ballotpedia, Documenting Michigan's path to recovery from the coronavirus (COVID-19) pandemic, 2020-2021 (secondary chronology) (June 22, 2021) (Ex. SEC-10-024) Open the exhibit

Ex. SEC-10-021
Executive Order No. 192

Mandatory health and safety protocols for all New Jersey workplaces requiring in-person work

Governor Philip D. Murphy, New Jersey (State)

Dates
In force from Nov. 5, 2020 to June 4, 2021 (issued Oct. 28, 2020)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Functions reached
PF; WH; EN; HR; WF
Grade
Primary source read
Days in this quarter
57 (in force on the last day)

Effective at 6:00 a.m. on Thursday, November 5, 2020, every business, non-profit, and governmental or educational entity... that requires or permits its workforce... to be physically present at a worksite... must abide by the following requirements:... at least six feet of distance... face masks... sanitization materials... hand-washing breaks... daily health checks... exclude sick employees

Enforcement: NJDOL and NJDOH inspection and complaint mechanism; N.J.S.A. App. A:9-49, -50

Citation: Governor Philip D. Murphy, Executive Order No. 192 (Oct. 28, 2020) (Ex. SEC-10-021) Open the exhibit

Ex. SEC-10-054
Administrative Order 3-2020, Temporary Rule Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces, OAR 437-001-0744

OAR 437-001-0744 Addressing COVID-19 Workplace Risks (adopted Nov. 6, 2020; effective Nov. 16, 2020)

Oregon OSHA, Department of Consumer and Business Services, Oregon (Sector regulator)

Dates
In force from Nov. 16, 2020 to May 4, 2021 (issued Nov. 6, 2020)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
PF (distancing; masks; ventilation; exposure risk assessment; infection control plan; notification; quarantine); WH; EN; HR; WF
Grade
Primary source read
Days in this quarter
46 (in force on the last day)

(1) Scope and Application (a) This rule applies to all employees working in places of employment... (b) Mask, face covering, or face shield requirements. Each employer must ensure that all individuals... wear a mask, face covering, or face shield as source control

Enforcement: ORS 654.086 (civil penalties); Oregon OSHA citations

Citation: Oregon OSHA, Department of Consumer and Business Services, Administrative Order 3-2020, Temporary Rule Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces, OAR 437-001-0744 (Nov. 6, 2020) (Ex. SEC-10-054) Open the exhibit

Ex. SEC-10-038
Executive Order 2020-73 (COVID-19 Executive Order No. 69)

Tier 3 Resurgence Mitigations (statewide)

Governor J.B. Pritzker, Illinois (State)

Dates
In force from Nov. 20, 2020 to Jan. 9, 2021 (issued Nov. 17, 2020)
Quarters
2020 Q42021 Q1
Limitations
Telework mandateCapacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Functions reached
PF; EN (non-production staff remote); EV (venues closed to gatherings); WF
Grade
Primary source read
Days in this quarter
42 (in force on the last day)

c. Requirements for manufacturers. Manufacturers must ensure all employees practice social distancing... allow only manufacturing staff and key personnel in facilities, with non-production employees to work remotely where possible... e. Requirements for meetings and events. Indoor venues and meeting spaces such as meeting rooms, banquet centers, private party rooms, private clubs, country clubs, and party buses are prohibited from hosting gatherings of any size

Enforcement: 20 ILCS 3305/7; IDPH

Citation: Governor J.B. Pritzker, Executive Order 2020-73 (COVID-19 Executive Order No. 69) (Nov. 17, 2020) (Ex. SEC-10-038) Open the exhibit

Ex. SEC-10-039
Title 8, California Code of Regulations, § 3205 COVID-19 Prevention (DIR page as archived June 23, 2021, linking the June 17, 2021 readoption text)

§ 3205. COVID-19 Prevention (dir.ca.gov/title8/3205.html)

Cal/OSHA; Occupational Safety and Health Standards Board (DIR title 8 page), California (Sector regulator)

Dates
In force from Nov. 30, 2020 to Feb. 3, 2023
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
PF; WH; EN; HR; WF
Grade
Primary source read
Days in this quarter
32 (in force on the last day)

§ 3205. COVID-19 Prevention. [link:] Jun172021-COVID-19-Prevention-Emergency-apprvdtxt-Readoption.pdf

Enforcement: Labor Code § 6317 et seq.; Cal/OSHA citations

Citation: Cal/OSHA; Occupational Safety and Health Standards Board (DIR title 8 page), Title 8, California Code of Regulations, § 3205 COVID-19 Prevention (DIR page as archived June 23, 2021, linking the June 17, 2021 readoption text) (Nov. 30, 2020) (Ex. SEC-10-039) Open the exhibit

Ex. SEC-10-009
Temporary final rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use (second extension)

85 Fed. Reg. 86835 (Dec. 31, 2020)

FEMA, DHS, United States (Federal)

Dates
In force from Dec. 31, 2020 to June 30, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Supply chain
Functions reached
SC; DS; WH
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

This rule is effective from December 31, 2020 until June 30, 2021... [the allocation order for covered materials shall] remain in effect until June 30, 2021

Enforcement: DPA § 103; CBP

Citation: FEMA, DHS, Temporary final rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use (second extension) (Dec. 31, 2020) (Ex. SEC-10-009) Open the exhibit

Continuing in force from an earlier quarter of this report (17 instruments):

ExhibitCitationDatesLimitations
Ex. SEC-10-023Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023)In force from Mar. 21, 2020 to June 4, 2021Stay-at-homeBusiness closureTelework mandateGathering cap
Ex. SEC-10-020Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020)In force from Apr. 10, 2020 to Nov. 5, 2020 (issued Apr. 8, 2020)Business closureFace-covering requirementWorkplace rules
Ex. SEC-10-005President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005)In force from Apr. 28, 2020 to Sept. 30, 2021Workplace rulesSupply chain
Ex. SEC-10-001President (Executive Order 13909), Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (Mar. 18, 2020) (Ex. SEC-10-001)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-026Empire State Development (guidance issued under EO 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential business guidance) (May 31, 2020) (Ex. SEC-10-026)In force from Mar. 22, 2020 to June 8, 2020 (issued May 31, 2020)Business closureTelework mandate
Ex. SEC-10-002President (Executive Order 13910), Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 23, 2020) (Ex. SEC-10-002)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-003President (Executive Order 13911), Executive Order 13911, Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 27, 2020) (Ex. SEC-10-003)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-013President (Memorandum for the Secretaries of HHS and Homeland Security), Memorandum on Allocating Certain Scarce or Threatened Health and Medical Resources to Domestic Use (Apr. 3, 2020) (Ex. SEC-10-013)In force from Apr. 3, 2020 to June 30, 2021Travel and quarantineSupply chain
Ex. SEC-10-053Cabinet for Health and Family Services (Secretary Eric Friedlander) at the direction of the Governor, CHFS Order of May 9, 2020 and Healthy at Work Minimum Requirements (Version 1.1, effective May 9, 2020) (Ex. SEC-10-053)In force from May 9, 2020 to June 11, 2021Telework mandateCapacity limitFace-covering requirementWorkplace rules
Ex. SEC-10-051Cabinet for Health and Family Services; Governor (Healthy at Work), Healthy at Work Requirements for Manufacturing, Distribution, and Supply Chain Businesses, Version 1.2 (May 11, 2020) (Ex. SEC-10-051)In force from May 11, 2020 to June 11, 2021Capacity limitFace-covering requirementWorkplace rules
Ex. SEC-10-007FEMA, DHS, Final rule, Emergency Management Priorities and Allocations System (EMPAS), 44 C.F.R. part 333 (May 13, 2020) (Ex. SEC-10-007)In force from May 13, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-045Governor Tim Walz, Emergency Executive Order 20-56 (May 13, 2020) (Ex. SEC-10-045)In force from May 18, 2020 to June 30, 2021 (issued May 13, 2020)Telework mandateGathering capWorkplace rules
Ex. SEC-10-046Governor Charles D. Baker; Department of Public Health; Executive Office of Housing and Economic Development, Sector-Specific Workplace Safety Standards for Manufacturing to Address COVID-19 (Phase I), with checklist (May 18, 2020) (Ex. SEC-10-046)In force from May 18, 2020 to May 29, 2021Capacity limitFace-covering requirementWorkplace rules
Ex. SEC-10-037Governor J.B. Pritzker, Executive Order 2020-43 (COVID-19 Executive Order No. 41) (June 26, 2020) (Ex. SEC-10-037)In force from June 26, 2020 to Aug. 18, 2020Telework mandateCapacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Ex. SEC-10-042Virginia Safety and Health Codes Board; Department of Labor and Industry, 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 27, 2020) (Ex. SEC-10-042)In force from July 27, 2020 to Jan. 27, 2021Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-10-006President (Executive Order 13944), Executive Order 13944, Combating Public Health Emergencies and Strengthening National Security by Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (Aug. 6, 2020) (Ex. SEC-10-006)In force from Aug. 6, 2020 to Sept. 30, 2021Supply chainOther
Ex. SEC-10-008FEMA, DHS, Temporary final rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use (extension with modifications) (Aug. 10, 2020) (Ex. SEC-10-008)In force from Aug. 10, 2020 to Dec. 31, 2020Supply chain

First quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021)

Federal layer

Ex. FED-060
Executive Order 13991

Protecting the Federal Workforce and Requiring Mask-Wearing, 86 Fed. Reg. 7045 (Jan. 25, 2021)

President Joseph R. Biden, Jr., United States (federal buildings and lands; federal employees and on-site contractors) (Federal)

Dates
In force from Jan. 20, 2021 to May 9, 2023
Quarters
2021 Q12021 Q22021 Q3
Limitations
Gathering capFace-covering requirementWorkplace rules
Functions reached
CS client meetings at federal sites (professional services); JS federal construction sites; DL/SV field service at federal facilities; CT federal courthouses and agency offices (masking and distancing conditions on entry); MK federally hosted meetings
Grade
Primary source read
Days in this quarter
71 (in force on the last day)

Sec. 2. Immediate Action Regarding Federal Employees, Contractors, Buildings, and Lands. (a) The heads of executive departments and agencies (agencies) shall immediately take action, as appropriate and consistent with applicable law, to require compliance with CDC guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on-duty or on-site Federal employees; on-site Federal contractors; and all persons in Federal buildings or on Federal lands.

Enforcement: Agency directives; contract terms; building-access conditions; created the Safer Federal Workforce Task Force (§ 4) whose July and September 2021 rules are FED-B's

Citation: President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060) Open the exhibit

Ex. FED-062
Executive Order 13999

Protecting Worker Health and Safety, 86 Fed. Reg. 7211 (Jan. 26, 2021)

President Joseph R. Biden, Jr., United States (workplaces under the OSH Act) (Federal)

Dates
In force from Jan. 21, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Workplace rules
Functions reached
predicate for the OSHA layer; the ETS recites it
Grade
Primary source read
Days in this quarter
70 (in force on the last day)

Sec. 2. Protecting Workers from COVID-19 Under the Occupational Safety and Health Act. The Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health... shall: (a) issue, within 2 weeks of the date of this order... revised guidance to employers on workplace safety during the COVID-19 pandemic; (b) consider whether any emergency temporary standards on COVID-19, including with respect to masks in the workplace, are necessary, and if such standards are determined to be necessary, issue them by March 15, 2021; (c) review the enforcement efforts of the Occupational Safety and Health Administration (OSHA) related to COVID-19...; (d) launch a national program to focus OSHA enforcement efforts related to COVID-19 on violations that put the largest number of workers at serious risk or are contrary to anti-retaliation principles

Enforcement: Through OSHA instruments: the National Emphasis Program (FED-082, FED-083), the Healthcare ETS (FED-080) and the vaccination-or-testing ETS (FED-086, post-period)

Citation: President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062) Open the exhibit

Ex. FED-270
Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, United States (executive branch; all federal buildings and federal lands) (Federal)

Dates
In force from Jan. 24, 2021 to June 10, 2021
Quarters
2021 Q12021 Q2
Limitations
Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Functions reached
OF federal workplaces capped at 25 percent occupancy; CS visitors to federal buildings minimized and screened; PJ on-site contractors masked and screened; TR official travel limited to mission-critical trips; MK federal attendance at meetings and events curtailed
Grade
Primary source read
Days in this quarter
67 (in force on the last day)

agencies should immediately require masks and distancing consistent with current CDC guidance in all Federal buildings... Unless it is physically impossible or poses a threat to critical national security interests, generally speaking, occupancy in Federal workplaces should be no more than 25% of normal capacity during periods of significant or high community transmission... No Federal workplace should operate above 25% of normal occupancy standards at any given time during periods of high community prevalence or transmission.

Enforcement: EO 13991 § 2 compliance requirement for employees, on-site contractors and all persons in federal buildings; agency COVID-19 Coordination Teams

Citation: Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270) Open the exhibit

Ex. FED-020
CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)

Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021)

Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), United States (every conveyance and transportation hub into or within the United States) (Federal)

Dates
In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
WF workforce commuting by transit, rail, bus, taxi and ride-share (every metro); TR business travel by air and rail; CB customers arriving by transit or taxi; OP operators of any conveyance or hub (transit agencies, airports, bus and ferry operators, ride-share drivers)
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

Persons must wear masks over the mouth and nose when traveling on conveyances into and within the United States. Persons must also wear masks at transportation hubs as defined in this Order.... A conveyance operator transporting persons into and within the United States must require all persons onboard to wear masks for the duration of travel.... Conveyance operators must use best efforts to ensure that any person on the conveyance wears a mask when boarding, disembarking, and for the duration of travel. Best efforts include: boarding only those persons who wear masks; instructing persons that Federal law requires wearing a mask on the conveyance and failure to comply constitutes a violation of Federal law... disembarking any person who refuses to comply

Enforcement: Criminal penalties under 18 U.S.C. §§ 3559, 3571, 42 U.S.C. § 271 and 42 C.F.R. § 70.18 ('a person violating this Order may be subject to a fine of no more than $100,000 if the violation does not result in a death... An organization violating this Order may be subject to a fine of no more than $200,000 per event'); 'This Order shall be further enforced by other federal authorities and may be…

Citation: Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020) Open the exhibit

Ex. FED-050
TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825

SD 1582/84-21-01, Security Measures - Mask Requirements (surface transportation)

Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), United States (every public transportation, passenger railroad and fixed-route bus owner/operator under 49 C.F.R. §§ 1582.1(a), 1584.1) (Federal)

Dates
In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
WF workforce commuting by transit and rail in every metro; OP transit agencies and bus companies as regulated operators; CB customers arriving by transit; TR intercity rail and bus travel
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

A. Owner/Operators must notify passengers with prominent and adequate notice of the mask requirements... 1. Federal law requires wearing a mask while on the conveyance and failure to comply may result in denial of boarding or removal. 2. Refusing to wear a mask is a violation of federal law; passengers may be subject to penalties under federal law. B. Owner/Operators must require that individuals wear a mask, except as described in Sections D., E., or F., as follows: 1. Any persons in a public transportation, passenger railroad, or bus conveyance covered by this SD. 2. Any person in public areas of transportation hubs/facilities controlled by the owner/operator (such as for purposes of purchasing tickets, waiting areas, and platforms for boarding and disembarking) for the duration of travel, boarding, and disembarking.

Enforcement: Civil penalties against owner/operators under 49 U.S.C. § 114 and 49 C.F.R. part 1503; denial of boarding and removal of persons; TSA civil penalties against individuals (announced range $250 to $1,500)

Citation: Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050) Open the exhibit

Ex. FED-053
TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825

SD 1544-21-02, Security Measures - Face Masks

Transportation Security Administration, DHS, United States (aircraft operators under 49 C.F.R. part 1544) (Federal)

Dates
In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
TR business air travel of every industry; TV/GS hotels-travel demand; OP airlines and airport tenants; WF flight crews
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

A. The aircraft operator must provide passengers with prominent and adequate notice of the mask requirements... 1. Federal law requires each person to wear a mask at all times throughout the flight, including during boarding and deplaning. 2. Refusing to wear a mask is a violation of federal law and may result in denial of boarding, removal from the aircraft, and/or penalties under federal law.... B. The aircraft operator must not board any person who is not wearing a mask, except as described in Sections D., E., and F. C. The aircraft operator must ensure that direct employees and authorized representatives wear a mask at all times while on an aircraft or in an airport location under the control of the aircraft operator

Enforcement: Civil penalties under 49 U.S.C. §§ 114, 46301; 49 C.F.R. part 1503; denial of boarding and removal

Citation: Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053) Open the exhibit

Ex. FED-054
Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)

SD 1542-21-01, Security Measures - Face Masks

Transportation Security Administration, DHS, United States (airport operators under 49 C.F.R. part 1542) (Federal)

Dates
In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
OP airport concessions, retailers, restaurants and car-rental tenants (EMP); TR travelers; WF airport workforces
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

B. The airport operator must require that individuals in or on the airport wear a mask, except as described in Sections D., E., and F. 1. If individuals are not wearing masks, ask them to put a mask on. 2. If individuals refuse to wear a mask in or on the airport, escort them from the airport. C. The airport operator must ensure direct employees, authorized representatives, tenants, and vendors wear a mask at all times in or on the airport

Enforcement: Civil penalties under 49 U.S.C. § 114; 49 C.F.R. part 1503; removal from the airport

Citation: Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054) Open the exhibit

Ex. FED-055
Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)

EA 1546-21-01, Security Measures - Face Masks

Transportation Security Administration, DHS, United States (foreign air carriers under 49 C.F.R. part 1546) (Federal)

Dates
In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
TR international air travel; TV inbound tourism
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

NUMBER EA 1546-21-01 EFFECTIVE DATE 11:59 pm EST on February 1, 2021 EXPIRATION DATE May 11, 2021 [imposes the same mask, notice, denial-of-boarding and reporting requirements on foreign air carriers]

Enforcement: 49 U.S.C. § 114; 49 C.F.R. part 1503

Citation: Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055) Open the exhibit

Ex. FED-082
DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)

DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide; targeted industries by NAICS) (Federal)

Dates
In force from Mar. 12, 2021 to July 7, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Workplace rules
Functions reached
EMP/HR workplace COVID-19 controls in the targeted industries (hospitals, physician practices, dental, home care, agriculture-food processing, logistics-warehousing, retail grocery, restaurants)
Grade
Primary source read
Days in this quarter
20 (in force on the last day)

This Direction describes policies and procedures for implementing a National Emphasis Program (NEP) to ensure that employees in high-hazard industries or work tasks are protected from the hazard of contracting SARS-CoV-2... The NEP augments OSHA's efforts addressing unprogrammed COVID-19-related activities, e.g., complaints, referrals, and severe incident reports, by adding a component to target specific high-hazard industries or activities where this hazard is prevalent. The NEP targets establishments that have workers with increased potential exposure to this hazard, and that puts the largest number of workers at serious risk.

Enforcement: Programmed OSHA inspections; citations under the general duty clause and existing standards; whistleblower referrals

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082) Open the exhibit

Ex. FED-280
Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions

Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions

Secretary of Defense Lloyd J. Austin III, United States (Department of Defense components worldwide) (Federal)

Dates
In force from Mar. 15, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rules
Functions reached
TV DoD official travel restricted installation by installation through 2021 Q3; CB defense contractors, hotels, conference venues and installation-town businesses dependent on DoD travel and access; MK DoD attendance at conferences and trade shows
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

Effective immediately, this memorandum cancels reference (a) through (c) and reissues travel restriction guidance for DoD Components that will remain in effect until further notice.... This guidance applies to all DoD Service members, civilian employees, dependents of Service members, and personnel whose travel is Government-funded, whether traveling domestically or internationally. Except as provided below, this travel guidance applies to all official travel, including temporary duty (TDY) travel; Government-funded leave travel; permanent duty travel... Conditions for Unrestricted Travel to DoD Installations, Facilities, and Locations... Removal of local travel restrictions; Availability of essential services...; Quality control/assurance capability for household goods packing and moving; and Favorable Health Protection Conditions (HPCON) (i.e., installations operating below HPCON C).

Enforcement: DoD directive to component heads and installation commanders

Citation: Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280) Open the exhibit

Ex. FED-305
Standing Order 21-02

In re: Further Suspension of In-Person Judicial Proceedings and Limitations of Grand Jury Proceedings Due to COVID-19

Chief Judge Freda L. Wolfson, United States District Court for the District of New Jersey (Court)

Dates
In force from Mar. 17, 2021 to June 1, 2021
Quarters
2021 Q12021 Q2
Limitations
Business closureCourts and public offices
Functions reached
CT
Grade
Primary source read
Days in this quarter
15 (in force on the last day)

WHEREAS, in response to the continuing pandemic, on January 19, 2021, the Governor [of New Jersey extended the public health emergency]...; [the Court] remains in Phase Three of its Recovery Guidelines, mandating the wearing of face coverings,... [the suspension of in-person proceedings] remains in effect until March 17, 2021,... [the Court] found it necessary to continue all civil and criminal jury selections and jury trials to March 12, [2021]...

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305) Open the exhibit

Ex. FED-173
Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments)

Consolidated Appropriations Act, 2021 (relevant sections)

Congress (Pub. L. 116-260), United States (Federal)

Dates
In force from Mar. 31, 2021 to Mar. 31, 2021 (issued Dec. 27, 2020)
Quarters
2021 Q1
Limitations
Workplace rulesOther
Functions reached
WF (leave became voluntary from Jan. 1, 2021; the mandate ended Dec. 31, 2020); PM (eviction moratorium continuity Jan. 1-31, 2021)
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

§ 286(a): Sections 7001(g), 7002(e), 7003(g), and 7004(e) of the Families First Coronavirus Response Act are each amended by striking 'December 31, 2020' and inserting 'March 31, 2021'.

Enforcement: Statute

Citation: Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173) Open the exhibit

Ex. FED-008
Memorandum of February 2, 2021

Maximizing Assistance From the Federal Emergency Management Agency To Respond to COVID-19, 86 Fed. Reg. 8281 (Feb. 5, 2021)

President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), United States (Federal)

Dates
In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
90 (the whole quarter)

FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B, pursuant to sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act... performed from January 21, 2021, through September 30, 2021. (b) FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B... performed from January 20, 2020, through January 20, 2021.

Enforcement: Funding directive

Citation: President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008) Open the exhibit

Continuing in force from an earlier quarter of this report (27 instruments):

ExhibitCitationDatesLimitations
Ex. FED-073President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)In force from Apr. 28, 2020 to Apr. 10, 2023Workplace rulesSupply chain
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-072President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. FED-076Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)In force from Apr. 17, 2020 to June 30, 2021Supply chain
Ex. FED-268Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)In force from Apr. 20, 2020 to June 10, 2021Telework mandateWorkplace rules
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-325U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-168CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)In force from Aug. 26, 2020 to Sept. 23, 2022Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)In force from Sept. 2, 2020 to May 11, 2023Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-303Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)In force from Nov. 25, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-323DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)In force from Dec. 18, 2020 to June 16, 2021Supply chainOther
Ex. FED-078Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)In force from Dec. 31, 2020 to June 30, 2021Travel and quarantineSupply chain
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders

135 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Manufacturing

Ex. SEC-10-043
16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (chapter text as of Sept. 28, 2021, with derivation and amendment history)

16VAC25-220 (Va. Reg. vol. 37, issue 13, eff. Jan. 27, 2021; amended vol. 38, issue 3, eff. Sept. 8, 2021)

Virginia Safety and Health Codes Board, Virginia (Sector regulator)

Dates
In force from Jan. 27, 2021 to Mar. 23, 2022
Quarters
2021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
PF; WH; EN; HR; WF
Grade
Primary source read
Days in this quarter
64 (in force on the last day)

B. This chapter is adopted in accordance with subdivision (6a) of § 40.1-22 of the Code of Virginia and shall apply to every employer, employee, and place of employment... Derived from Virginia Register Volume 37, Issue 13, eff. January 27, 2021; amended, Virginia Register Volume 38, Issue 3, eff. September 8, 2021.

Enforcement: Va. Code § 40.1-49.4

Citation: Virginia Safety and Health Codes Board, 16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (chapter text as of Sept. 28, 2021, with derivation and amendment history) (Jan. 27, 2021) (Ex. SEC-10-043) Open the exhibit

Ex. SEC-10-014
National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-01 (CPL-03)

DIR 2021-01 (CPL-03), effective Mar. 12, 2021

OSHA, U.S. Department of Labor, United States (Federal)

Dates
In force from Mar. 12, 2021 to July 7, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Workplace rules
Functions reached
PF (enforcement posture on production floors); HR; WF
Grade
Primary source read
Days in this quarter
20 (in force on the last day)

Offices may begin to initiate inspections under this NEP on the effective date.... Appendix A: Primary Target Industries... 311612 Meat Processed from Carcasses; 311611 Animal (except Poultry) Slaughtering; 311615 Poultry Processing... Appendix B: Secondary Target Industries... 3121xx Beverage Manufacturing... 32412x... 32419x... 33711x... 3399xx Manufacturing

Enforcement: Programmed inspections; citations and penalties under OSH Act § 17; general duty clause § 5(a)(1)

Citation: OSHA, U.S. Department of Labor, National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-01 (CPL-03) (Mar. 12, 2021) (Ex. SEC-10-014) Open the exhibit

Continuing in force from an earlier quarter of this report (22 instruments):

ExhibitCitationDatesLimitations
Ex. SEC-10-023Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023)In force from Mar. 21, 2020 to June 4, 2021Stay-at-homeBusiness closureTelework mandateGathering cap
Ex. SEC-10-020Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020)In force from Apr. 10, 2020 to Nov. 5, 2020 (issued Apr. 8, 2020)Business closureFace-covering requirementWorkplace rules
Ex. SEC-10-005President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005)In force from Apr. 28, 2020 to Sept. 30, 2021Workplace rulesSupply chain
Ex. SEC-10-001President (Executive Order 13909), Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (Mar. 18, 2020) (Ex. SEC-10-001)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-026Empire State Development (guidance issued under EO 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential business guidance) (May 31, 2020) (Ex. SEC-10-026)In force from Mar. 22, 2020 to June 8, 2020 (issued May 31, 2020)Business closureTelework mandate
Ex. SEC-10-002President (Executive Order 13910), Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 23, 2020) (Ex. SEC-10-002)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-003President (Executive Order 13911), Executive Order 13911, Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 27, 2020) (Ex. SEC-10-003)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-013President (Memorandum for the Secretaries of HHS and Homeland Security), Memorandum on Allocating Certain Scarce or Threatened Health and Medical Resources to Domestic Use (Apr. 3, 2020) (Ex. SEC-10-013)In force from Apr. 3, 2020 to June 30, 2021Travel and quarantineSupply chain
Ex. SEC-10-053Cabinet for Health and Family Services (Secretary Eric Friedlander) at the direction of the Governor, CHFS Order of May 9, 2020 and Healthy at Work Minimum Requirements (Version 1.1, effective May 9, 2020) (Ex. SEC-10-053)In force from May 9, 2020 to June 11, 2021Telework mandateCapacity limitFace-covering requirementWorkplace rules
Ex. SEC-10-051Cabinet for Health and Family Services; Governor (Healthy at Work), Healthy at Work Requirements for Manufacturing, Distribution, and Supply Chain Businesses, Version 1.2 (May 11, 2020) (Ex. SEC-10-051)In force from May 11, 2020 to June 11, 2021Capacity limitFace-covering requirementWorkplace rules
Ex. SEC-10-007FEMA, DHS, Final rule, Emergency Management Priorities and Allocations System (EMPAS), 44 C.F.R. part 333 (May 13, 2020) (Ex. SEC-10-007)In force from May 13, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-045Governor Tim Walz, Emergency Executive Order 20-56 (May 13, 2020) (Ex. SEC-10-045)In force from May 18, 2020 to June 30, 2021 (issued May 13, 2020)Telework mandateGathering capWorkplace rules
Ex. SEC-10-046Governor Charles D. Baker; Department of Public Health; Executive Office of Housing and Economic Development, Sector-Specific Workplace Safety Standards for Manufacturing to Address COVID-19 (Phase I), with checklist (May 18, 2020) (Ex. SEC-10-046)In force from May 18, 2020 to May 29, 2021Capacity limitFace-covering requirementWorkplace rules
Ex. SEC-10-037Governor J.B. Pritzker, Executive Order 2020-43 (COVID-19 Executive Order No. 41) (June 26, 2020) (Ex. SEC-10-037)In force from June 26, 2020 to Aug. 18, 2020Telework mandateCapacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Ex. SEC-10-042Virginia Safety and Health Codes Board; Department of Labor and Industry, 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 27, 2020) (Ex. SEC-10-042)In force from July 27, 2020 to Jan. 27, 2021Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-10-006President (Executive Order 13944), Executive Order 13944, Combating Public Health Emergencies and Strengthening National Security by Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (Aug. 6, 2020) (Ex. SEC-10-006)In force from Aug. 6, 2020 to Sept. 30, 2021Supply chainOther
Ex. SEC-10-024Ballotpedia (secondary source) recording MIOSHA and Governor actions, Ballotpedia, Documenting Michigan's path to recovery from the coronavirus (COVID-19) pandemic, 2020-2021 (secondary chronology) (June 22, 2021) (Ex. SEC-10-024)In force from Oct. 14, 2020 to June 22, 2021 (issued June 22, 2021)Telework mandateFace-covering requirementWorkplace rules
Ex. SEC-10-021Governor Philip D. Murphy, Executive Order No. 192 (Oct. 28, 2020) (Ex. SEC-10-021)In force from Nov. 5, 2020 to June 4, 2021 (issued Oct. 28, 2020)Face-covering requirementWorkplace rules
Ex. SEC-10-054Oregon OSHA, Department of Consumer and Business Services, Administrative Order 3-2020, Temporary Rule Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces, OAR 437-001-0744 (Nov. 6, 2020) (Ex. SEC-10-054)In force from Nov. 16, 2020 to May 4, 2021 (issued Nov. 6, 2020)Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-10-038Governor J.B. Pritzker, Executive Order 2020-73 (COVID-19 Executive Order No. 69) (Nov. 17, 2020) (Ex. SEC-10-038)In force from Nov. 20, 2020 to Jan. 9, 2021 (issued Nov. 17, 2020)Telework mandateCapacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Ex. SEC-10-039Cal/OSHA; Occupational Safety and Health Standards Board (DIR title 8 page), Title 8, California Code of Regulations, § 3205 COVID-19 Prevention (DIR page as archived June 23, 2021, linking the June 17, 2021 readoption text) (Nov. 30, 2020) (Ex. SEC-10-039)In force from Nov. 30, 2020 to Feb. 3, 2023Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-10-009FEMA, DHS, Temporary final rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use (second extension) (Dec. 31, 2020) (Ex. SEC-10-009)In force from Dec. 31, 2020 to June 30, 2021Supply chain

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Federal layer

Ex. FED-156
QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)

QSO-20-39-NH, Nursing Home Visitation - COVID-19 (REVISED 04/27/2021)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates
In force from Apr. 27, 2021 to Nov. 12, 2021
Quarters
2021 Q22021 Q3
Limitations
Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached
VS visitation and access (home-care-senior-living; hospice; clergy CR; families); IC screening and masking of every entrant regardless of vaccination; DN communal dining and activities (conducted under the core principles); HR/WF and vendor access (staffing PL; personal services SL in-facility salons; physician CL on-site visits); RS cohorting and quarantine
Grade
Primary source read
Days in this quarter
65 (in force on the last day)

Core Principles of COVID-19 Infection Prevention: Screening of all who enter the facility for signs and symptoms of COVID-19 (e.g., temperature checks, questions about and observations of signs or symptoms), and denial of entry of those with signs or symptoms or those who have had close contact with someone with COVID-19 infection in the prior 14 days (regardless of the visitor's vaccination status)... Face covering or mask (covering mouth and nose) and social distancing at least six feet between persons, in accordance with CDC guidance... Resident and staff testing conducted as required at 42 CFR § 483.80(h) (see QSO-20-38-NH Revised). These core principles are consistent with the Centers for Disease Control and Prevention (CDC) guidance for nursing homes, and should be adhered to at all times.... Facilities should allow indoor visitation at all times and for all residents (regardless…

Enforcement: Survey enforcement under F563 (visitation) and F880 (infection control); civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156) Open the exhibit

Ex. FED-032
Notice: Conditional Sailing Order Technical Instructions and Operations Manual

Conditional Sailing Order Technical Instructions and Operations Manual, 86 Fed. Reg. 24865 (May 10, 2021)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates
In force from May 5, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Functions reached
TV; GS; CB; SC
Grade
Primary source read
Days in this quarter
57 (in force on the last day)

[notice of the technical instructions implementing the CSO's phases: port agreements, simulated voyages, COVID-19 Conditional Sailing Certificates, testing and vaccination thresholds for restricted revenue voyages]

Enforcement: as for FED-031

Citation: Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032) Open the exhibit

Ex. FED-051
Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements

SD 1582/84-21-01A, Security Measures - Mask Requirements (cancels and supersedes SD 1582/84-21-01)

Transportation Security Administration, DHS, United States (surface transportation owner/operators) (Federal)

Dates
In force from May 12, 2021 to Sept. 13, 2021 (issued Apr. 30, 2021)
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
WF; OP; CB; TR
Grade
Primary source read
Days in this quarter
50 (in force on the last day)

NUMBER SD 1582/84-21-01A... EFFECTIVE DATE May 12, 2021 EXPIRATION DATE September 13, 2021 CANCELS AND SUPERSEDES SD 1582/84-21-01 APPLICABILITY Each owner/operator identified in 49 CFR 1582.1(a); each owner/operator identified in 49 CFR 1584.1 that provides fixed-route service as defined in 49 CFR 1500.3... The requirements in this SD must be applied to all persons in or on one of the conveyances or a transportation facility used by one of the modes identified above, including those already vaccinated.... B. Owner/Operators must require that individuals wear a mask, except as described in Sections D., E., or F.

Enforcement: as for FED-050

Citation: Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051) Open the exhibit

Ex. FED-094
CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH

Medicare and Medicaid Programs; COVID-19 Vaccine Requirements for Long-Term Care (LTC) Facilities and Intermediate Care Facilities for Individuals With Intellectual Disabilities (ICFs-IID) Residents, Clients, and Staff, 86 Fed. Reg. 26306 (May 13, 2021)

Centers for Medicare & Medicaid Services, HHS, United States (Medicare and Medicaid LTC facilities and ICFs-IID) (Federal)

Dates
In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)
Quarters
2021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
RS/IC nursing homes (home-care-senior-living); HR/WF of nursing homes and their contractors (staffing PL; hospice HC; therapy providers); OF reporting
Grade
Primary source read
Days in this quarter
41 (in force on the last day)

With this IFC, we are amending the requirements at § 483.80 to add a new paragraph (d)(3). We require at new § 483.80(d)(3)(i) that LTC facilities develop and implement policies and procedures to ensure that they offer residents and staff vaccination against COVID-19 when vaccine supplies are available.... Any of these individuals who provide services on-site at least weekly would be included in 'staff' who must be educated and offered the vaccine as it becomes available.... DATES: These regulations are effective on May 21, 2021.

Enforcement: F-tag F887 (education and offering); F884 (reporting); civil money penalties

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094) Open the exhibit

Ex. FED-163
CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH

QSO-21-19-NH

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid LTC facilities) (Federal)

Dates
In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)
Quarters
2021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testing
Functions reached
RS/IC; HR/WF (education and offering to all staff including contract staff); OF reporting
Grade
Primary source read
Days in this quarter
41 (in force on the last day)

On May 11, 2021, CMS published an interim final rule with comment period (IFC). This rule establishes Long-Term Care (LTC) Facility Vaccine Immunization Requirements for Residents and Staff. This includes new requirements for educating residents or resident representatives and staff regarding the benefits and potential side effects associated with the COVID-19 vaccine, and offering the vaccine. Furthermore, LTC facilities must report COVID-19 vaccine and therapeutics treatment information to the Centers for Disease Control and Prevention's (CDC) National Healthcare Safety Network (NHSN).... Noncompliance related to the new requirements for educating and offering COVID-19 vaccination to residents and staff will be cited at F-tag 887, and noncompliance related to COVID-19 vaccination reporting will be cited at F-tag 884.

Enforcement: F-tags F887 and F884; civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163) Open the exhibit

Ex. FED-297
Amended General Order 21-0006 (May 26, 2021)

In re: Plan for the Safe Resumption of Jury Trials and Court Operations (Amended May 26, 2021)

Chief Judge Rebecca R. Pallmeyer (Executive Committee), United States District Court for the Northern District of Illinois (Court)

Dates
In force from May 26, 2021 to Sept. 15, 2021
Quarters
2021 Q22021 Q3
Limitations
Courts and public officesWorkplace rulesVaccination or testing
Functions reached
CT jury trials resumed under a written plan with testing and vaccination conditions; in force July 1 - Sept. 15, 2021; HR federal courthouse workforce vaccination-or-testing condition (a Q3 2021 VAX instrument)
Grade
Primary source read
Days in this quarter
36 (in force on the last day)

On February 17, 2021, General Order 21-0006 was entered by the Court to address [the resumption of jury trials]... It is, therefore, hereby ORDERED:... 2. Because the testing protocol will be fully effective only if all employees participate, it is also hereby ORDERED that all employees, contractors, and staff of all agencies and court units at the Dirksen and Roszkowski Courthouses participate in this program. Specifically, all employees who report to work at either of these Courthouses will be vaccinated, as defined by the CDC [or tested]...

Enforcement: court order to all court units and agencies in the courthouses

Citation: Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297) Open the exhibit

Ex. FED-271
OMB Memorandum M-21-25

Integrating Planning for A Safe Increased Return of Federal Employees and Contractors to Physical Workplaces with Post-Reentry Personnel Policies and Work Environment

Office of Management and Budget, Office of Personnel Management and General Services Administration, United States (executive branch) (Federal)

Dates
In force from June 10, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Telework mandateFace-covering requirementWorkplace rules
Functions reached
OF federal reentry planned, not executed, in 2021 Q3 (plans due July 19; 30-day notice; the July 27 Delta-wave mask reinstatement followed); CS federal offices remained largely remote through Sept. 30, 2021; PJ contractor reentry
Grade
Primary source read
Days in this quarter
21 (in force on the last day)

This memorandum rescinds OMB Memorandum M-20-23, Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again (April 20, 2020)... B. Occupancy in Federal workplaces. The occupancy requirements set forth in M-21-15 are no longer in effect, although other aspects of M-21-15 remain in effect pursuant to current Safer Federal Workforce Task Force guidance... Agencies may establish occupancy limits for... the number of employees or contractors in the physical workplace...

Enforcement: OMB/OPM/GSA directive; Task Force guidance

Citation: Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271) Open the exhibit

Ex. FED-079
Notification of Additional Exemptions to the PPE allocation rule (June 11, 2021)

Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use; Additional Exemptions, 86 Fed. Reg. 31448 (June 14, 2021)

Federal Emergency Management Agency, DHS, United States (Federal)

Dates
In force from June 11, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Supply chain
Functions reached
SC/DS (winding down of the export control in the last three weeks of 2021Q2)
Grade
Primary source read
Days in this quarter
20 (in force on the last day)

[FEMA] announces additional exemptions from [the] original temporary final rule... that until June 30, 2021, and subject to [the exemptions], any shipment of such covered materials [requires FEMA approval]. DATES: Applicability date: This notification applies beginning on June 11, 2021.

Enforcement: as for FED-075

Citation: Federal Emergency Management Agency, DHS, Notification of Additional Exemptions to the PPE allocation rule (June 11, 2021) (Ex. FED-079) Open the exhibit

Ex. FED-080
Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Safety and Health Administration, U.S. Department of Labor, United States (every setting 'where any employee provides healthcare services or healthcare support services'; federal OSHA States directly, State-plan States through adoption within 30 days) (Federal)

Dates
In force from June 21, 2021 to Dec. 27, 2021
Quarters
2021 Q22021 Q3
Limitations
Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached
IC infection control (hospitals, physician practices, dental, home care); ED/CL intake and waiting rooms (entry limits, screening, triage); SX/PR procedures (aerosol-generating procedure rules, § 1910.502(g)); VS visitation and access (non-employee screening); HR/WF (daily employee screening; medical removal; paid vaccination leave); OF administration (written plan, safety coordinator, recordkeeping); SC PPE (respirators for exposure to suspected or confirmed COVID-19)
Grade
Primary source read
Days in this quarter
10 (in force on the last day)

§ 1910.502(a)(1): 'Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.' (a)(2): 'This section does not apply to the following: (i) The provision of first aid by an employee who is not a licensed healthcare provider; (ii) The dispensing of prescriptions by pharmacists in retail settings; (iii) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (iv) Well-defined hospital ambulatory care settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (v) Home healthcare settings where all employees are fully vaccinated and all…

Enforcement: Citations and civil penalties under OSH Act §§ 9, 17 (29 U.S.C. §§ 658, 666); inspection procedures DIR 2021-02 (FED-081); § 11(c) and § 1910.502(o) anti-retaliation

Citation: Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080) Open the exhibit

Ex. FED-081
DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)

DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 Emergency Temporary Standard

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide) (Federal)

Dates
In force from June 28, 2021 to Dec. 27, 2021
Quarters
2021 Q22021 Q3
Limitations
Health care ordersWorkplace rules
Functions reached
IC, OF, HR/WF of every covered healthcare setting (the enforcement machinery in force on every day of 2021Q3)
Grade
Primary source read
Days in this quarter
3 (in force on the last day)

This Direction establishes inspection procedures and enforcement policies for the COVID-19 Emergency Temporary Standard, 29 CFR § 1910.502, and 29 CFR § 1910.504. This Direction applies OSHA-wide. [References:] Presidential Executive Order on Protecting Worker Health and Safety, January 21, 2021.

Enforcement: Governs the issuance of citations and penalties under the ETS

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081) Open the exhibit

Continuing in force from an earlier quarter of this report (30 instruments):

ExhibitCitationDatesLimitations
Ex. FED-073President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)In force from Apr. 28, 2020 to Apr. 10, 2023Workplace rulesSupply chain
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-072President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. FED-076Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)In force from Apr. 17, 2020 to June 30, 2021Supply chain
Ex. FED-268Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)In force from Apr. 20, 2020 to June 10, 2021Telework mandateWorkplace rules
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-325U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-168CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)In force from Aug. 26, 2020 to Sept. 23, 2022Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)In force from Sept. 2, 2020 to May 11, 2023Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-323DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)In force from Dec. 18, 2020 to June 16, 2021Supply chainOther
Ex. FED-078Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)In force from Dec. 31, 2020 to June 30, 2021Travel and quarantineSupply chain
Ex. FED-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-062President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)In force from Jan. 21, 2021 to Sept. 30, 2021Workplace rules
Ex. FED-270Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)In force from Jan. 24, 2021 to June 10, 2021Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-020Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-050Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-053Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-054Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-055Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-082OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)In force from Mar. 12, 2021 to July 7, 2021Workplace rules
Ex. FED-280Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)In force from Mar. 15, 2021 to Sept. 30, 2021Travel and quarantineWorkplace rules
Ex. FED-305Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)In force from Mar. 17, 2021 to June 1, 2021Business closureCourts and public offices
Ex. FED-008President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)Emergency declaration

125 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Manufacturing

Ex. SEC-10-055
Administrative Order 2-2021, Rule Addressing COVID-19 Workplace Risks (permanent), OAR 437-001-0744

OAR 437-001-0744 (permanent; adopted and effective May 4, 2021)

Oregon OSHA, Oregon (Sector regulator)

Dates
In force from May 4, 2021 to Aug. 17, 2023
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
PF; WH; EN; HR; WF
Grade
Primary source read
Days in this quarter
58 (in force on the last day)

OAR 437-001-0744 Rule Addressing COVID-19 Workplace Risks... [adopted as a permanent rule to] remain in effect until revised or repealed... (1) Scope and Application (a) This rule applies to all employees working in places of employment

Enforcement: ORS 654.086

Citation: Oregon OSHA, Administrative Order 2-2021, Rule Addressing COVID-19 Workplace Risks (permanent), OAR 437-001-0744 (May 4, 2021) (Ex. SEC-10-055) Open the exhibit

Ex. SEC-10-029
S.1034-B (HERO Act), enacted May 5, 2021 as L. 2021, ch. 105; amended by ch. 145 (June 11, 2021)

An act to amend the labor law, in relation to preventing occupational exposure to an airborne infectious disease

New York State Legislature; Governor (L. 2021, ch. 105), New York (State)

Dates
In force from June 4, 2021 to Sept. 30, 2021 (issued May 5, 2021)
Quarters
2021 Q22021 Q3
Limitations
Workplace rules
Functions reached
PF; WH; EN; HR; WF
Grade
Primary source read
Days in this quarter
27 (in force on the last day)

Every employer shall establish an airborne infectious disease exposure prevention plan either by adopting the model standard relevant to their industry... or by establishing an alternative plan... [the plan] shall go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health

Enforcement: Labor Law § 218-b(5): civil penalties ($50 per day for failure to adopt; $1,000-$10,000 for failure to abide, higher for repeat); private right of action (as amended)

Citation: New York State Legislature; Governor (L. 2021, ch. 105), S.1034-B (HERO Act), enacted May 5, 2021 as L. 2021, ch. 105; amended by ch. 145 (June 11, 2021) (Ex. SEC-10-029) Open the exhibit

Ex. SEC-10-041
COVID-19 Prevention Emergency Temporary Standards, 8 CCR §§ 3205, 3205.1, 3205.2, 3205.3, 3205.4, readoption approved text (June 17, 2021)

Title 8, §§ 3205-3205.4, COVID-19 Prevention (readopted June 17, 2021)

Occupational Safety and Health Standards Board; Cal/OSHA, California (Sector regulator)

Dates
In force from June 17, 2021 to Dec. 16, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
PF (program; exclusion of cases and close contacts with pay; testing; face coverings for unvaccinated; ventilation); WH; EN; HR; WF
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

(a) Scope. (1) This section applies to all employees and places of employment, with the following exceptions... (c) Written COVID-19 Prevention Program. Employers shall establish, implement, and maintain an effective, written COVID-19 Prevention Program

Enforcement: Labor Code § 6317 et seq.; Cal/OSHA citations and penalties

Citation: Occupational Safety and Health Standards Board; Cal/OSHA, COVID-19 Prevention Emergency Temporary Standards, 8 CCR §§ 3205, 3205.1, 3205.2, 3205.3, 3205.4, readoption approved text (June 17, 2021) (Ex. SEC-10-041) Open the exhibit

Ex. SEC-10-022
Executive Order No. 243

Rescinding the telework-accommodation requirement of EO 107 and indoor workplace masking requirements of EO 192 effective June 4, 2021

Governor Philip D. Murphy, New Jersey (State)

Dates
In force from June 4, 2021 to June 30, 2021 (issued May 26, 2021)
Quarters
2021 Q2
Limitations
Other
Functions reached
EN; PF
Grade
Primary source read
Days in this quarter
27 (in force on the last day)

the requirement that businesses and non-profits accommodate their workforce for telework wherever practicable... is hereby rescinded. Businesses and non-profits that require staff to be present... [may] forgo masking and social distancing in certain indoor and outdoor settings... [subject to] Executive Order No. 192 (2020), as applicable

Enforcement: n/a

Citation: Governor Philip D. Murphy, Executive Order No. 243 (May 26, 2021) (Ex. SEC-10-022) Open the exhibit

Continuing in force from an earlier quarter of this report (22 instruments):

ExhibitCitationDatesLimitations
Ex. SEC-10-023Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023)In force from Mar. 21, 2020 to June 4, 2021Stay-at-homeBusiness closureTelework mandateGathering cap
Ex. SEC-10-020Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020)In force from Apr. 10, 2020 to Nov. 5, 2020 (issued Apr. 8, 2020)Business closureFace-covering requirementWorkplace rules
Ex. SEC-10-005President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005)In force from Apr. 28, 2020 to Sept. 30, 2021Workplace rulesSupply chain
Ex. SEC-10-001President (Executive Order 13909), Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (Mar. 18, 2020) (Ex. SEC-10-001)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-026Empire State Development (guidance issued under EO 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential business guidance) (May 31, 2020) (Ex. SEC-10-026)In force from Mar. 22, 2020 to June 8, 2020 (issued May 31, 2020)Business closureTelework mandate
Ex. SEC-10-002President (Executive Order 13910), Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 23, 2020) (Ex. SEC-10-002)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-003President (Executive Order 13911), Executive Order 13911, Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 27, 2020) (Ex. SEC-10-003)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-013President (Memorandum for the Secretaries of HHS and Homeland Security), Memorandum on Allocating Certain Scarce or Threatened Health and Medical Resources to Domestic Use (Apr. 3, 2020) (Ex. SEC-10-013)In force from Apr. 3, 2020 to June 30, 2021Travel and quarantineSupply chain
Ex. SEC-10-053Cabinet for Health and Family Services (Secretary Eric Friedlander) at the direction of the Governor, CHFS Order of May 9, 2020 and Healthy at Work Minimum Requirements (Version 1.1, effective May 9, 2020) (Ex. SEC-10-053)In force from May 9, 2020 to June 11, 2021Telework mandateCapacity limitFace-covering requirementWorkplace rules
Ex. SEC-10-051Cabinet for Health and Family Services; Governor (Healthy at Work), Healthy at Work Requirements for Manufacturing, Distribution, and Supply Chain Businesses, Version 1.2 (May 11, 2020) (Ex. SEC-10-051)In force from May 11, 2020 to June 11, 2021Capacity limitFace-covering requirementWorkplace rules
Ex. SEC-10-007FEMA, DHS, Final rule, Emergency Management Priorities and Allocations System (EMPAS), 44 C.F.R. part 333 (May 13, 2020) (Ex. SEC-10-007)In force from May 13, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-045Governor Tim Walz, Emergency Executive Order 20-56 (May 13, 2020) (Ex. SEC-10-045)In force from May 18, 2020 to June 30, 2021 (issued May 13, 2020)Telework mandateGathering capWorkplace rules
Ex. SEC-10-046Governor Charles D. Baker; Department of Public Health; Executive Office of Housing and Economic Development, Sector-Specific Workplace Safety Standards for Manufacturing to Address COVID-19 (Phase I), with checklist (May 18, 2020) (Ex. SEC-10-046)In force from May 18, 2020 to May 29, 2021Capacity limitFace-covering requirementWorkplace rules
Ex. SEC-10-037Governor J.B. Pritzker, Executive Order 2020-43 (COVID-19 Executive Order No. 41) (June 26, 2020) (Ex. SEC-10-037)In force from June 26, 2020 to Aug. 18, 2020Telework mandateCapacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Ex. SEC-10-006President (Executive Order 13944), Executive Order 13944, Combating Public Health Emergencies and Strengthening National Security by Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (Aug. 6, 2020) (Ex. SEC-10-006)In force from Aug. 6, 2020 to Sept. 30, 2021Supply chainOther
Ex. SEC-10-024Ballotpedia (secondary source) recording MIOSHA and Governor actions, Ballotpedia, Documenting Michigan's path to recovery from the coronavirus (COVID-19) pandemic, 2020-2021 (secondary chronology) (June 22, 2021) (Ex. SEC-10-024)In force from Oct. 14, 2020 to June 22, 2021 (issued June 22, 2021)Telework mandateFace-covering requirementWorkplace rules
Ex. SEC-10-021Governor Philip D. Murphy, Executive Order No. 192 (Oct. 28, 2020) (Ex. SEC-10-021)In force from Nov. 5, 2020 to June 4, 2021 (issued Oct. 28, 2020)Face-covering requirementWorkplace rules
Ex. SEC-10-054Oregon OSHA, Department of Consumer and Business Services, Administrative Order 3-2020, Temporary Rule Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces, OAR 437-001-0744 (Nov. 6, 2020) (Ex. SEC-10-054)In force from Nov. 16, 2020 to May 4, 2021 (issued Nov. 6, 2020)Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-10-039Cal/OSHA; Occupational Safety and Health Standards Board (DIR title 8 page), Title 8, California Code of Regulations, § 3205 COVID-19 Prevention (DIR page as archived June 23, 2021, linking the June 17, 2021 readoption text) (Nov. 30, 2020) (Ex. SEC-10-039)In force from Nov. 30, 2020 to Feb. 3, 2023Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-10-009FEMA, DHS, Temporary final rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use (second extension) (Dec. 31, 2020) (Ex. SEC-10-009)In force from Dec. 31, 2020 to June 30, 2021Supply chain
Ex. SEC-10-043Virginia Safety and Health Codes Board, 16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (chapter text as of Sept. 28, 2021, with derivation and amendment history) (Jan. 27, 2021) (Ex. SEC-10-043)In force from Jan. 27, 2021 to Mar. 23, 2022Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-10-014OSHA, U.S. Department of Labor, National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-01 (CPL-03) (Mar. 12, 2021) (Ex. SEC-10-014)In force from Mar. 12, 2021 to July 7, 2021Workplace rules

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Federal layer

Ex. FED-337
General Order 78

In re: Update to Court Operations in Light of California's Reopening

Chief Judge Richard Seeborg, United States District Court for the Northern District of California (Court)

Dates
In force from July 1, 2021 to Oct. 15, 2021 (issued June 23, 2021)
Quarters
2021 Q3
Limitations
Courts and public officesWorkplace rules
Functions reached
CT the N.D. Cal. Q3 2021 instrument: general-access restrictions abrogated July 1, 2021, but safety protocols, remote criminal proceedings and suspended paper requirements continued
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

WHEREAS, effective June 15, 2021, the State of California reopened its economy with limited [restrictions]... General Order No. 73 (Continuing Temporary Restrictions on Courthouse Access due to COVID-19 [and the General Order 72 series]) are abrogated, effective July 1, 2021. The Court additionally ORDERS as follows, effective July 1, 2021: Courthouse Access: 1. All courthouse visitors must follow any safety protocols announced on the Court's website... [initial appearances and detention hearings to proceed by] telephone or by videoconference until further order of the Court. New arrestees shall be booked [remotely]... 3. Other court appearances may be waived or postponed, or may be conducted by telephone or [videoconference]... [courtesy-copy requirements] remain suspended until further notice.

Enforcement: court order

Citation: Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337) Open the exhibit

Ex. FED-083
DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)

DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide) (Federal)

Dates
In force from July 7, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Health care ordersWorkplace rules
Functions reached
EMP/HR/IC in the targeted industries throughout 2021Q3
Grade
Primary source read
Days in this quarter
86 (in force on the last day)

This revised Direction describes policies and procedures for implementing a National Emphasis Program (NEP) to ensure that employees in high-hazard industries or work tasks are protected from the hazard of contracting SARS-CoV-2... The NEP targets establishments that have workers with increased potential exposure to this hazard, and that puts the largest number of workers at serious risk. In addition, this NEP includes an added focus to ensure that workers are protected from retaliation... This Direction applies OSHA-wide. [References:] Presidential Executive Order on Protecting Worker Health and Safety, January 21, 2021.

Enforcement: Programmed inspections; ETS citations per DIR 2021-02 in covered healthcare settings; general duty clause elsewhere

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083) Open the exhibit

Ex. FED-084
Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)

Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)

OSHA (memorandum for Regional Administrators and State Plan Designees), United States (Federal)

Dates
In force from July 7, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Workplace rules
Functions reached
EMP (non-healthcare workplaces in 2021Q3)
Grade
Primary source read
Days in this quarter
86 (in force on the last day)

Enforcement: General duty clause and existing standards for non-ETS workplaces

Citation: OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084) Open the exhibit

Ex. FED-272
COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks

COVID-19 Workplace Safety: Agency Model Safety Principles (Issued July 29, 2021)

Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, United States (all federal buildings and federal lands; federally hosted meetings) (Federal)

Dates
In force from July 29, 2021 to Sept. 13, 2021
Quarters
2021 Q3
Limitations
Gathering capFace-covering requirementTravel and quarantineWorkplace rulesVaccination or testing
Functions reached
CS vendor, contractor and visitor entry to every federal building conditioned on vaccination status or testing from July 29, 2021; MK federally hosted meetings, conferences and events over 50 participants restricted; TR federal official travel for the unvaccinated limited to mission-critical trips; OF masks in federal buildings in areas of substantial or high transmission regardless of vaccination status (which by August 2021 was nearly the whole country)
Grade
Primary source read
Days in this quarter
47

Federal agencies need to ask about the vaccination status of Federal employees and onsite contractors -- employees and onsite contractors must sign an attestation confirming their vaccination status, or they will be treated as not fully vaccinated for purposes of safety protocols.... Visitors must provide information on their vaccination status and comply with the requisite safety protocols.... [for employees and contractors] who are not fully vaccinated or who decline to provide information about their vaccination status, official domestic travel should be limited to only necessary mission-critical trips.... Should an agency intend to host an in-person meeting, conference, or event that will be attended by more than 50 participants -- regardless of whether participants include members of the public -- the agency must first seek the approval of its agency head, in consultation with the…

Enforcement: EO 13991 § 2; agency safety plans; attestation under penalty of administrative action (Certification of Vaccination form, Ex. FED-278)

Citation: Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272) Open the exhibit

Ex. FED-278
Certification of Vaccination form (employees, onsite contractors and visitors), August 2021

Certification of Vaccination

Safer Federal Workforce Task Force (OMB control number 3206-0277), United States (federal buildings) (Federal)

Dates
In force from Aug. 6, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Workplace rulesVaccination or testing
Functions reached
CS visitor and vendor entry to federal buildings; PL onsite contractors
Grade
Primary source read
Days in this quarter
56 (in force on the last day)

I am a visitor or I am an onsite contractor who is not enrolled in an agency's testing program... [a] contractor making a false statement on this form could result in additional administrative action, including removal from a contract.

Enforcement: administrative action; removal from contract; 18 U.S.C. § 1001 warning

Citation: Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278) Open the exhibit

Ex. FED-063
Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles

Ensuring Adequate COVID Safety Protocols for Federal Contractors, 86 Fed. Reg. 50985 (Sept. 14, 2021)

President Joseph R. Biden, Jr., United States (federal procurement contractors and subcontractors) (Federal)

Dates
In force from Sept. 9, 2021 to Dec. 7, 2021
Quarters
2021 Q3
Limitations
Workplace rulesVaccination or testing
Functions reached
HR/WF vaccination status of contractor workforces (from Oct. 15, 2021); PL staffing placements on federal contracts; JS federal construction
Grade
Primary source read
Days in this quarter
22 (in force on the last day)

Sec. 6. Effective Date. (a) Except as provided in subsection (b) of this section, this order is effective immediately and shall apply to new contracts; new contract-like instruments; new solicitations for contracts or contract-like instruments; extensions or renewals of existing contracts or contract-like instruments; and exercises of options on existing contracts or contract-like instruments, as described in section 5(a) of this order, where the relevant contract or contract-like instrument will be entered into, the relevant contract or contract-like instrument will be extended or renewed, or the relevant option will be exercised, on or after: (i) October 15, 2021

Enforcement: Contract clause (FAR deviation 52.223-99); Task Force Guidance of Sept. 24, 2021 (FED-B)

Citation: President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063) Open the exhibit

Ex. FED-052
Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements

SD 1582/84-21-01B, Security Measures - Mask Requirements (cancels and supersedes SD 1582/84-21-01A)

Transportation Security Administration, DHS, United States (surface transportation owner/operators) (Federal)

Dates
In force from Sept. 14, 2021 to Jan. 18, 2022 (issued Aug. 20, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
WF; OP; CB; TR
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

NUMBER SD 1582/84-21-01B... EFFECTIVE DATE September 14, 2021 EXPIRATION DATE January 18, 2022 CANCELS AND SUPERSEDES SD 1582/84-21-01A... The requirements in this SD must be applied to all persons in or on one of the conveyances or a transportation facility used by one of the modes identified above, including those already vaccinated.... B. Owner/Operators must require that individuals wear a mask, except as described in Sections D., E., or F., as follows: 1. Any persons in a public transportation, passenger railroad, or bus conveyance covered by this SD.

Enforcement: as for FED-050

Citation: Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052) Open the exhibit

Ex. FED-275
Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)

Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042

Office of Management and Budget (Acting Director Shalanda D. Young), United States (federal contractors and subcontractors) (Federal)

Dates
In force from Sept. 24, 2021 to Nov. 16, 2021
Quarters
2021 Q3
Limitations
Workplace rulesVaccination or testing
Functions reached
HR; PL; OP
Grade
Primary source read
Days in this quarter
7 (in force on the last day)

The Director of the Office of Management and Budget determines that compliance by Federal contractors and subcontractors with the COVID-19 workplace safety protocols detailed in the Safer Federal Workforce Task Force guidance issued on September 24, 2021 will improve economy and efficiency by reducing absenteeism and decreasing labor costs for contractors and subcontractors working on or in connection with a Federal Government contract. DATES: September 24, 2021.

Enforcement: triggers the contract clause requirement of EO 14042 § 2

Citation: Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275) Open the exhibit

Ex. FED-274
Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles

COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors

Safer Federal Workforce Task Force; approved by the Director of OMB, United States (covered federal contractors and subcontractors) (Federal)

Dates
In force from Oct. 15, 2021 to Dec. 7, 2021 (issued Sept. 24, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Functions reached
HR vaccination of covered contractor employees; PL staffing and service contractors at federal sites; OP contractor workplace masking and distancing; SC subcontractors performing services
Grade
Primary source read
Days in this quarter
0

Enforcement: contract clause; OMB determination that compliance 'will improve economy and efficiency by reducing absenteeism and decreasing labor costs for contractors and subcontractors working on or in connection with a Federal Government contract'

Citation: Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274) Open the exhibit

Ex. FED-300
General Order 21-0033

In re: Employee COVID-Vaccine Condition of Employment

Executive Committee and Restart Task Force of the Court (unanimous vote), United States District Court for the Northern District of Illinois (Court)

Dates
In force from Nov. 22, 2021 to Sept. 6, 2022 (issued Sept. 20, 2021)
Quarters
2021 Q3
Limitations
Workplace rulesVaccination or testing
Functions reached
HR; PL contractors at the courthouse
Grade
Primary source read
Days in this quarter
0

By unanimous vote of the Court's Executive Committee and its Restart Task Force, it is hereby ordered: 1. As of November 22, 2021, all employees and all contractors (including all law clerks, [and the staff of the Clerk's Office, Probation Office and] the Pretrial Services Office must be fully vaccinated against COVID-19, unless they have [an approved exemption]... Any person whose vaccine status has changed since August 2, 2021, must complete and return the Vaccine Attestation form on or before November 8, 2021.

Enforcement: condition of employment and of contract

Citation: Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300) Open the exhibit

Continuing in force from an earlier quarter of this report (30 instruments):

ExhibitCitationDatesLimitations
Ex. FED-073President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)In force from Apr. 28, 2020 to Apr. 10, 2023Workplace rulesSupply chain
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-072President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. FED-325U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-168CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)In force from Aug. 26, 2020 to Sept. 23, 2022Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)In force from Sept. 2, 2020 to May 11, 2023Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-062President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)In force from Jan. 21, 2021 to Sept. 30, 2021Workplace rules
Ex. FED-020Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-082OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)In force from Mar. 12, 2021 to July 7, 2021Workplace rules
Ex. FED-280Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)In force from Mar. 15, 2021 to Sept. 30, 2021Travel and quarantineWorkplace rules
Ex. FED-156CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)In force from Apr. 27, 2021 to Nov. 12, 2021Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-032Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)In force from May 5, 2021 to Sept. 30, 2021Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-051Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)In force from May 12, 2021 to Sept. 13, 2021 (issued Apr. 30, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-094Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)Health care ordersWorkplace rulesVaccination or testing
Ex. FED-163CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)Health care ordersWorkplace rulesVaccination or testing
Ex. FED-297Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)In force from May 26, 2021 to Sept. 15, 2021Courts and public officesWorkplace rulesVaccination or testing
Ex. FED-271Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)In force from June 10, 2021 to Sept. 30, 2021Telework mandateFace-covering requirementWorkplace rules
Ex. FED-080Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)In force from June 21, 2021 to Dec. 27, 2021Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-081OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)In force from June 28, 2021 to Dec. 27, 2021Health care ordersWorkplace rules
Ex. FED-008President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)Emergency declaration
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders

127 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

Regulators of Manufacturing

Ex. SEC-10-028
NYS DOL, NY HERO Act page (Sept. 6, 2021 snapshot) publishing the Airborne Infectious Disease Exposure Prevention Standard and model plans

NY HERO Act - Airborne Infectious Disease Exposure Prevention Standard; Model Plan; industry templates

New York State Department of Labor, New York (State)

Dates
In force from July 6, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Workplace rules
Functions reached
PF; WH; EN; HR
Grade
Primary source read
Days in this quarter
87 (in force on the last day)

Airborne Infectious Disease Exposure Prevention Standard, a Model Airborne Infectious Disease Exposure Prevention Plan and industry-specific model plans... The standard and model plans go into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease... as of the date of this writing no designation has been made

Enforcement: Labor Law § 218-b(5)

Citation: New York State Department of Labor, NYS DOL, NY HERO Act page (Sept. 6, 2021 snapshot) publishing the Airborne Infectious Disease Exposure Prevention Standard and model plans (July 6, 2021) (Ex. SEC-10-028) Open the exhibit

Ex. SEC-10-015
Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-03 (CPL 03)

DIR 2021-03 (CPL 03), effective July 7, 2021

OSHA, U.S. Department of Labor, United States (Federal)

Dates
In force from July 7, 2021 to July 7, 2022
Quarters
2021 Q3
Limitations
Workplace rules
Functions reached
PF; HR; WF
Grade
Primary source read
Days in this quarter
86 (in force on the last day)

The NEP targets establishments that have workers with increased potential exposure to this hazard... the targeting strategy is being refined to focus programmed inspections on the healthcare and non-healthcare industries in Appendix A

Enforcement: Programmed inspections; OSH Act § 17 penalties; ETS-covered health-care employers under DIR 2021-02

Citation: OSHA, U.S. Department of Labor, Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-03 (CPL 03) (July 7, 2021) (Ex. SEC-10-015) Open the exhibit

Ex. SEC-10-056
Administrative Order 10-2021, Renewed Masking Requirements in Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces (amending OAR 437-001-0744)

AO 10-2021 (adopted and effective Aug. 13, 2021)

Oregon OSHA, Oregon (Sector regulator)

Dates
In force from Aug. 13, 2021 to Sept. 16, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rules
Functions reached
PF; WH; EN; WF
Grade
Primary source read
Days in this quarter
35

Adopted Amendments... Renewed Masking Requirements... (3)(b) [Mask, face covering, or face shield requirements]... The requirements of (3)(b) and (3)(b)(A) are effective August 13, 2021

Enforcement: ORS 654.086

Citation: Oregon OSHA, Administrative Order 10-2021, Renewed Masking Requirements in Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces (amending OAR 437-001-0744) (Aug. 13, 2021) (Ex. SEC-10-056) Open the exhibit

Ex. SEC-10-031
Designation of COVID-19 as a highly contagious communicable disease under the HERO Act (Sept. 6, 2021), as reported on the DOL HERO Act page (Sept. 8, 2021 snapshot)

NY HERO Act - COVID-19 designated; employers must activate airborne infectious disease exposure prevention plans

New York State Department of Labor (reporting the Commissioner of Health's designation), New York (State)

Dates
In force from Sept. 6, 2021 to Mar. 17, 2022
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rules
Functions reached
PF (daily screening; face coverings where distancing not possible; distancing; controls); WH; EN; HR; WF
Grade
Primary source read
Days in this quarter
25 (in force on the last day)

On September 6, 2021, Governor Kathy Hochul announced the designation of COVID-19 as an airborne infectious disease under the HERO Act. This designation requires all employers to implement workplace safety plans

Enforcement: Labor Law § 218-b(5)

Citation: New York State Department of Labor (reporting the Commissioner of Health's designation), Designation of COVID-19 as a highly contagious communicable disease under the HERO Act (Sept. 6, 2021), as reported on the DOL HERO Act page (Sept. 8, 2021 snapshot) (Ex. SEC-10-031) Open the exhibit

Ex. SEC-10-057
Administrative Order 12-2021, Medical Relief Benefits in Rules Addressing the COVID-19 Public Health Emergency in All Workplaces (amending OAR 437-001-0744)

AO 12-2021 (adopted Sept. 14, 2021; effective Sept. 16, 2021)

Oregon OSHA, Oregon (Sector regulator)

Dates
In force from Sept. 16, 2021 to Dec. 21, 2021 (issued Sept. 14, 2021)
Quarters
2021 Q3
Limitations
Workplace rulesQuarantine and isolation
Functions reached
PF; HR; WF
Grade
Primary source read
Days in this quarter
15 (in force on the last day)

Adopted Amendments September 2021... Medical Relief Benefits... [employees removed from the workplace under the rule's quarantine provisions]

Enforcement: ORS 654.086

Citation: Oregon OSHA, Administrative Order 12-2021, Medical Relief Benefits in Rules Addressing the COVID-19 Public Health Emergency in All Workplaces (amending OAR 437-001-0744) (Sept. 14, 2021) (Ex. SEC-10-057) Open the exhibit

Ex. SEC-10-070
Order of the Secretary of Health 20-03.7 (Feb. 16, 2022) amending Order 20-03, reciting 20-03.4 (Aug. 19, 2021), 20-03.5 (Sept. 13, 2021) and 20-03.6 (Sept. 24, 2021)

Statewide Face Coverings order chain: 20-03 (June 24, 2020) through 20-03.7

Secretary of Health Umair A. Shah, Washington (State)

Dates
In force from Aug. 23, 2021 to Mar. 12, 2022 (issued Feb. 16, 2022)
Quarters
2021 Q3
Limitations
Face-covering requirement
Functions reached
PF (indoor production areas where non-household persons present); WH; EN; EV; WF
Grade
Primary source read
Days in this quarter
39 (in force on the last day)

WHEREAS, on August 19, 2021, Order of the Secretary of Health 20-03.4 was issued, reinstituting a requirement for people to wear face coverings, regardless of their vaccination status, when in a place where any person from outside their household is present or in a public place, with limited exceptions; and WHEREAS, on September 13, 2021, Order of the Secretary of Health 20-03.5 was issued, requiring people to wear face coverings at outdoor events or gatherings attended by 500 or more people

Enforcement: RCW 43.70.130; RCW 70.05.120 (misdemeanor); L&I enforcement at workplaces

Citation: Secretary of Health Umair A. Shah, Order of the Secretary of Health 20-03.7 (Feb. 16, 2022) amending Order 20-03, reciting 20-03.4 (Aug. 19, 2021), 20-03.5 (Sept. 13, 2021) and 20-03.6 (Sept. 24, 2021) (Ex. SEC-10-070) Open the exhibit

Ex. SEC-10-036
Executive Order 2021-20 (COVID-19 Executive Order No. 87)

Face covering requirements for individuals (Aug. 30, 2021); vaccination requirements for health care workers, school personnel and higher education

Governor J.B. Pritzker, Illinois (State)

Dates
In force from Aug. 30, 2021 to Feb. 28, 2022 (issued Aug. 26, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementVaccination or testing
Functions reached
PF (indoor public areas; visitors; shared spaces); EN; EV; WF; CB
Grade
Primary source read
Days in this quarter
32 (in force on the last day)

Section 1: Face covering requirements for individuals. Beginning on Monday, August 30, 2021, all individuals in Illinois who are age two or over and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering when in an indoor public place.... All individuals, including those who are fully vaccinated, shall continue to be required to wear a face covering

Enforcement: 20 ILCS 3305/7; IDPH; local health departments

Citation: Governor J.B. Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. SEC-10-036) Open the exhibit

Continuing in force from an earlier quarter of this report (12 instruments):

ExhibitCitationDatesLimitations
Ex. SEC-10-005President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005)In force from Apr. 28, 2020 to Sept. 30, 2021Workplace rulesSupply chain
Ex. SEC-10-001President (Executive Order 13909), Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (Mar. 18, 2020) (Ex. SEC-10-001)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-002President (Executive Order 13910), Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 23, 2020) (Ex. SEC-10-002)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-003President (Executive Order 13911), Executive Order 13911, Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 27, 2020) (Ex. SEC-10-003)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-007FEMA, DHS, Final rule, Emergency Management Priorities and Allocations System (EMPAS), 44 C.F.R. part 333 (May 13, 2020) (Ex. SEC-10-007)In force from May 13, 2020 to Sept. 30, 2021Supply chain
Ex. SEC-10-006President (Executive Order 13944), Executive Order 13944, Combating Public Health Emergencies and Strengthening National Security by Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (Aug. 6, 2020) (Ex. SEC-10-006)In force from Aug. 6, 2020 to Sept. 30, 2021Supply chainOther
Ex. SEC-10-039Cal/OSHA; Occupational Safety and Health Standards Board (DIR title 8 page), Title 8, California Code of Regulations, § 3205 COVID-19 Prevention (DIR page as archived June 23, 2021, linking the June 17, 2021 readoption text) (Nov. 30, 2020) (Ex. SEC-10-039)In force from Nov. 30, 2020 to Feb. 3, 2023Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-10-043Virginia Safety and Health Codes Board, 16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (chapter text as of Sept. 28, 2021, with derivation and amendment history) (Jan. 27, 2021) (Ex. SEC-10-043)In force from Jan. 27, 2021 to Mar. 23, 2022Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-10-014OSHA, U.S. Department of Labor, National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-01 (CPL-03) (Mar. 12, 2021) (Ex. SEC-10-014)In force from Mar. 12, 2021 to July 7, 2021Workplace rules
Ex. SEC-10-055Oregon OSHA, Administrative Order 2-2021, Rule Addressing COVID-19 Workplace Risks (permanent), OAR 437-001-0744 (May 4, 2021) (Ex. SEC-10-055)In force from May 4, 2021 to Aug. 17, 2023Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-10-029New York State Legislature; Governor (L. 2021, ch. 105), S.1034-B (HERO Act), enacted May 5, 2021 as L. 2021, ch. 105; amended by ch. 145 (June 11, 2021) (Ex. SEC-10-029)In force from June 4, 2021 to Sept. 30, 2021 (issued May 5, 2021)Workplace rules
Ex. SEC-10-041Occupational Safety and Health Standards Board; Cal/OSHA, COVID-19 Prevention Emergency Temporary Standards, 8 CCR §§ 3205, 3205.1, 3205.2, 3205.3, 3205.4, readoption approved text (June 17, 2021) (Ex. SEC-10-041)In force from June 17, 2021 to Dec. 16, 2021Face-covering requirementWorkplace rulesQuarantine and isolation

Third quarter of 2021: the instruments in force, Manufacturing (nationally)

In force during the third quarter of 2021 (an order in force on any day of the quarter is an order in force during it):

  • FED-020 CDC conveyance mask order, 86 Fed. Reg. 8025 (Feb. 1, 2021) [WF commutes; TR]
  • FED-051 TSA SD 1582/84-21-01A (May 12 - Sept. 13, 2021) and FED-052 SD 1582/84-21-01B (Sept. 14, 2021 - Jan. 18, 2022) [WF; TR]
  • Presidential entry proclamations 9984, 9992, 9993, 9996, 10041, 10143 (Jan. 25, 2021) and 10199 (Apr. 30, 2021), in force to Nov. 8, 2021 (Proclamation 10294) [EV; TR; SC; CB] (FED-B exhibits; cite by name)
  • DHS land-border notifications limiting non-essential travel at the Canada and Mexico land ports of entry, monthly extensions through the July 21, Aug. 20 and Sept. 20, 2021 notices to Oct. 21, 2021 and then Nov. 8, 2021 [EV; TR; DS; CB] (FED-B; cite by name)
  • CDC amended order requiring pre-departure testing of international air passengers (Jan. 26, 2021 onward) [TR; EV]
  • SEC-10-015 OSHA National Emphasis Program, DIR 2021-03 (CPL 03), effective July 7, 2021, targeting manufacturing establishments (meat and poultry 311611/311612/311615; the former Appendix B manufacturing NAICS) [PF; EMP posture]
  • SEC-10-041 Cal/OSHA COVID-19 Prevention ETS, 8 CCR 3205-3205.4, as readopted June 17, 2021 (all employees and places of employment; written COVID-19 Prevention Program; exclusion of cases and exposed employees with pay; face coverings; outbreak testing) [PF; WH; EN; HR; WF]
  • SEC-10-055 Oregon OSHA OAR 437-001-0744 (permanent, May 4, 2021; 'applies to all employees working in places of employment') with SEC-10-056 AO 10-2021 renewed masking (Aug. 13, 2021) and SEC-10-057 AO 12-2021 medical removal benefits (Sept. 16, 2021) [PF; WH; EN; HR; WF]
  • SEC-10-043 Virginia 16VAC25-220 permanent standard (eff. Jan. 27, 2021; amended eff. Sept. 8, 2021; 'shall apply to every employer, employee, and place of employment') [PF; WH; EN; HR; WF]
  • SEC-10-029 / SEC-10-031 New York HERO Act, Labor Law 218-b: airborne infectious disease exposure prevention plans (standard published July 6, 2021; plans adopted by Aug. 5, 2021) activated by the Commissioner of Health's designation of COVID-19 on Sept. 6, 2021 (daily health screening, face coverings where distancing is not possible, distancing, cleaning, controls) [PF; WH; EN; HR; WF]
  • SEC-10-070 (recitals) Washington Secretary of Health Order 20-03.4 (Aug. 19, eff. Aug. 23, 2021): face coverings for all persons regardless of vaccination status in any place where a person from outside the household is present or in a public place; 20-03.5 (Sept. 13; outdoor events of 500+) [PF; WH; EN; EV]
  • SEC-10-036 Illinois EO 2021-20 (Aug. 26, 2021): face coverings for all persons two and older in indoor public places from Aug. 30, 2021 regardless of vaccination status [PF (indoor public areas of plants); EN; EV; WF]
  • Nevada Emergency Directive 047 (July 27, eff. July 30, 2021): face coverings indoors in public in counties with substantial or high transmission (Clark, Washoe and others) [PF; EN; EV]
  • Hawaii statewide indoor face-covering requirement (Fifth and successive Supplementary Proclamations; in force all quarter) and county gathering caps of Aug. 2021 [PF; EN; EV]
  • Rhode Island face-covering orders (EO 20-24 workplace masks Apr. 18, 2020, renewed through EO 21-69 of June 18, 2021; terminated by EO 21-76 July 6, 2021) in force July 1-6, 2021 [PF; EN]
  • Oregon OAR 333-019-1025 (Aug. 13, 2021) indoor face coverings statewide [PF; EN; EV]
  • County and city indoor mask orders of July-Sept. 2021: Los Angeles County (July 17), Sacramento (July 30), Bay Area counties, St. Louis City and County (July 26), Kansas City (Aug. 2), New Orleans (Aug. 4), Philadelphia (Aug. 12), Mecklenburg (Aug. 18), Boston (Aug. 27), Montgomery County MD (Aug. 7) [PF; EN; EV; WF]
  • School and child-care face-covering and quarantine orders for the 2021-22 year (CA CDPH July 12; IL Aug. 4; OR Aug. 2; NJ EO 251 Aug. 6; KY EO 2021-585 Aug. 10; DE Aug. 10; PA Aug. 31/Sept. 7; VA Aug. 12; NY DOH Sept. 2; WA; LA; NV; NM; HI) [WF]
  • State health-care-worker and public-employee vaccination mandates of Aug.-Sept. 2021 (CA July 26/Aug. 5; NY Aug. 26; WA Proc. 21-14 Aug. 9; OR EO 21-29 Aug. 13; NJ EO 252 Aug. 6; IL EO 2021-20 § 2) reaching manufacturers' customers and clinics [CB; HR] (ECO-B)
  • FED-063 EO 14042 (Sept. 9, 2021) and the Safer Federal Workforce Task Force contractor guidance (Sept. 24, 2021; OMB determination 86 Fed. Reg. 53691) reaching manufacturers holding covered federal contracts [HR; PF; EN] and the Task Force's July 29, 2021 visitor and on-site rules for federal facilities [EV field service]
  • FED-016 HHS PHE renewal (July 19, 2021) and FED-002 continuation of Proclamation 9994 (predicate only)
  • Continuing State emergency declarations in force July 1 - Sept. 30, 2021 (CA to Feb. 2023; NY ended June 24, 2021; NJ PHE ended June 4, 2021 with SOE continuing; WA to Oct. 31, 2022; IL renewed monthly; OR to Dec. 31, 2021; KY to Sept. 7, 2021 (HJR 1); PA Act 21 suspensions to Sept. 30, 2021; MI ended; TX renewed monthly)

6. The industry's regime in the States

No State was selected. The industry's State-by-State regime table is on the industry page at covidproject.com/industries/manufacturing.

7. Group meetings, trade shows and seasons the industry lost

The organizers' own notices of the trade shows, conventions, seasons and tournaments this industry lost in the quarters selected, with the reason each organizer gave. A cancelled meeting is a limitation on group meetings in the statute's words, and it reached the industry's customer base and its sales calendar.

DateOrganizerEventWhat the notice saidExhibit
Mar. 3, 2020New Hope Network (Informa)Natural Products Expo West 2020"Since the international situation on COVID-19 started in late January, New Hope, and our sister companies around the world have been guided by local government and health authority advice, as well the views of the communities we serve"; 'the majority of our Community want the show, but they do not want it now' (New…Ex. SEC-10-GM-028
Mar. 12, 2020Exhibit Management Associates, Inc.Mid-America Trucking Show (MATS) 2020 and 2021"This is a decision we did not make lightly, but in consultation with our exhibitors, attendees, supporters and partners, including Kentucky Venues, Louisville Tourism, Kentucky Governor's Office, and the Kentucky Cabinet for Health and Family Services." (MATS website statement, Mar. 12, 2020)Ex. SEC-10-GM-002
Mar. 13, 2020Offshore Technology Conference (sponsoring societies led by SPE)OTC 2020 (Offshore Technology Conference)"Considering the rapidly changing guidance from governments and companies, OTC has chosen to postpone the conference from 4-7 May to the third quarter of 2020" (Mar. 13, 2020); "we have taken federal, state, and local guidelines into account in making our decision" (Cindy Yeilding, OTC Chairperson, Apr. 2, 2020)Ex. SEC-10-GM-003
Mar. 13, 2020Space Foundation36th Space Symposium (2020)Postponed 'because of the coronavirus pandemic' (SpaceNews, Mar. 13, 2020; Space Foundation statement)Ex. SEC-10-GM-030
Mar. 24, 2020National Confectioners Association (NCA)Sweets & Snacks Expo 2020 / 2021"The cancellation is due to a combination of factors including state and local stay-at-home orders and travel bans and restrictions from member companies, retail partners and other attendee organizations." (Vending Times reporting NCA's announcement, Mar. 24, 2020)Ex. SEC-10-GM-027
Mar. 28, 2020Detroit Auto Dealers Association (DADA)2020 North American International Auto Show (NAIAS)NAIAS 'will cancel its June 2020 show in Detroit in light of the coronavirus (COVID-19) pandemic sweeping across the world and the Federal Emergency Management Agency's (FEMA) expected use of TCF Center as a temporary field hospital'; 'there is nothing more important to us than the health, safety and well-being of the…Ex. SEC-10-GM-001
Apr. 2, 2020Offshore Technology Conference (sponsoring societies led by SPE)OTC 2020 (Offshore Technology Conference)"Considering the rapidly changing guidance from governments and companies, OTC has chosen to postpone the conference from 4-7 May to the third quarter of 2020" (Mar. 13, 2020); "we have taken federal, state, and local guidelines into account in making our decision" (Cindy Yeilding, OTC Chairperson, Apr. 2, 2020)Ex. SEC-10-GM-004
May 1, 2020Experimental Aircraft Association (EAA)EAA AirVenture Oshkosh 2020EAA: 'Recently EAA made the difficult decision to cancel AirVenture Oshkosh 2020 due to the uncertainty surrounding the coronavirus/COVID-19 pandemic' (EAA notice, May 1, 2020); AOPA: 'EAA staff members are still under stay-at-home orders in Wisconsin through May 26, preventing them from working with suppliers to begin…Ex. SEC-10-GM-009
May 1, 2020New York State / Army Corps of Engineers (Javits); State of Illinois and City of Chicago (McCormick Place); FEMA / Army Corps (TCF Center)Convention centers converted to alternate care facilities (Javits Center, New York; McCormick Place, Chicago; TCF Center, Detroit)'An abundance of caution' prompted city, state and federal officials to start transforming McCormick Place into a field hospital (WTTW, May 1, 2020); NAIAS cited 'the Federal Emergency Management Agency's (FEMA) expected use of TCF Center as a temporary field hospital' (Mar. 28, 2020)Ex. SEC-10-GM-020
May 1, 2020Experimental Aircraft Association (EAA)EAA AirVenture Oshkosh 2020EAA: 'Recently EAA made the difficult decision to cancel AirVenture Oshkosh 2020 due to the uncertainty surrounding the coronavirus/COVID-19 pandemic' (EAA notice, May 1, 2020); AOPA: 'EAA staff members are still under stay-at-home orders in Wisconsin through May 26, preventing them from working with suppliers to begin…Ex. SEC-10-GM-026
May 6, 2020Detroit Auto Dealers Association (DADA)2020 North American International Auto Show (NAIAS)NAIAS 'will cancel its June 2020 show in Detroit in light of the coronavirus (COVID-19) pandemic sweeping across the world and the Federal Emergency Management Agency's (FEMA) expected use of TCF Center as a temporary field hospital'; 'there is nothing more important to us than the health, safety and well-being of the…Ex. SEC-10-GM-025
May 13, 2020National Mining Association (NMA)MINExpo INTERNATIONAL 2020 / 2021"Because NMA's highest priority is the health, wellbeing and safety of exhibitors, attendees, stakeholders and their respective families and colleagues, as well as event partners in Las Vegas, the COVID-19 pandemic has made holding MINExpo in September 2020 impracticable." (NMA statement quoted by International Mining…Ex. SEC-10-GM-017
June 29, 2020Farm Progress (Informa)Farm Progress Show 2020 / 2021"Within days of our commitment to hold both farm shows, more than half the United States saw a significant spike in new cases of COVID-19... We have a multi-generational audience that travels from all across the country and around the world to attend the shows" (Matt Jungmann, Events Manager, quoted by KHGI, June 29…Ex. SEC-10-GM-023
June 30, 2020n/a (equipment manufacturers and their CPG/OEM customers)Factory acceptance tests (FATs), commissioning, installation and service travel to customer sites (class)PMMI: 'The pandemic has required new methods be established for executing FATs, which are likely to become standard procedures in the post-pandemic ways of working' (June 30, 2020)Ex. SEC-10-GM-032
July 1, 2020National Business Aviation Association (NBAA)NBAA-BACE 2020 (Business Aviation Convention & Exhibition)"The cancellation is based on clear guidance from public health officials at all levels of government addressing the unique, complex COVID-19 related challenges associated with large indoor venues. For example, the Florida Department of Health has recently issued an advisory recommending that individuals avoid…Ex. SEC-10-GM-006
July 10, 2020Informa Markets FashionMAGIC Las Vegas (August/September 2020)"Based on our discussions with partners and stakeholders surrounding health, safety, and travel concerns across the country, cancelling our late September Las Vegas event, while disappointing, is the best path forward for our fashion community." (Nancy Walsh, President, Informa Markets Fashion, July 10, 2020)Ex. SEC-10-GM-019
July 16, 2020Specialty Equipment Market Association (SEMA)SEMA Show 2020"due to Covid-19 and concerns that event facilities and services will be unavailable, the SEMA Show will not be taking place in 2020" (SEMA statement, Aug. 5, 2020)Ex. SEC-10-GM-014
Aug. 5, 2020Specialty Equipment Market Association (SEMA)SEMA Show 2020"due to Covid-19 and concerns that event facilities and services will be unavailable, the SEMA Show will not be taking place in 2020" (SEMA statement, Aug. 5, 2020)Ex. SEC-10-GM-013
Aug. 6, 2020PMMI, The Association for Packaging and Processing TechnologiesPACK EXPO International 2020"The PMMI Board determined that due to the evolving COVID-19 pandemic and current state and local regulations, it was not possible to have a safe and productive event for attendees and exhibitors." (PMMI release, Aug. 5, 2020)Ex. SEC-10-GM-008
Aug. 27, 2020Specialty Equipment Market Association (SEMA)SEMA Show 2020"due to Covid-19 and concerns that event facilities and services will be unavailable, the SEMA Show will not be taking place in 2020" (SEMA statement, Aug. 5, 2020)Ex. SEC-10-GM-015
Sept. 1, 2020PMMI, The Association for Packaging and Processing TechnologiesPACK EXPO International 2020"The PMMI Board determined that due to the evolving COVID-19 pandemic and current state and local regulations, it was not possible to have a safe and productive event for attendees and exhibitors." (PMMI release, Aug. 5, 2020)Ex. SEC-10-GM-012
Sept. 21, 2020Detroit Auto Dealers Association (DADA)2020 North American International Auto Show (NAIAS)NAIAS 'will cancel its June 2020 show in Detroit in light of the coronavirus (COVID-19) pandemic sweeping across the world and the Federal Emergency Management Agency's (FEMA) expected use of TCF Center as a temporary field hospital'; 'there is nothing more important to us than the health, safety and well-being of the…Ex. SEC-10-GM-021
Oct. 8, 2020Diversified Communications (WorkBoat)International WorkBoat Show 2020"After extensive consultation with the WorkBoat community, it is clear there are too many uncertainties about the impact COVID-19 will have on travel and mass gatherings this December" (Bob Callahan, Show Director, Oct. 8, 2020)Ex. SEC-10-GM-018
Oct. 19, 2020Consumer Technology Association (CTA)CES 2021Microsoft's partner statement of Oct. 19, 2020 describes CES 2021 as 'the organization's first-ever, all-digital event, happening Jan. 11-14'Ex. SEC-10-GM-029
Oct. 30, 2020National Shooting Sports Foundation (NSSF)SHOT Show 2021"Due to the recent rise in COVID-19 cases throughout the world, NSSF... today makes the difficult announcement that the 2021 SHOT Show has been cancelled"; NSSF had 'been working with Nevada officials throughout the year to hold the show' (NSSF release as reported by Military.com, Oct. 30, 2020)Ex. SEC-10-GM-016
Nov. 16, 2020Offshore Technology Conference (sponsoring societies led by SPE)OTC 2020 (Offshore Technology Conference)"Considering the rapidly changing guidance from governments and companies, OTC has chosen to postpone the conference from 4-7 May to the third quarter of 2020" (Mar. 13, 2020); "we have taken federal, state, and local guidelines into account in making our decision" (Cindy Yeilding, OTC Chairperson, Apr. 2, 2020)Ex. SEC-10-GM-005
Dec. 18, 2020Exhibit Management Associates, Inc.Mid-America Trucking Show (MATS) 2020 and 2021"This is a decision we did not make lightly, but in consultation with our exhibitors, attendees, supporters and partners, including Kentucky Venues, Louisville Tourism, Kentucky Governor's Office, and the Kentucky Cabinet for Health and Family Services." (MATS website statement, Mar. 12, 2020)Ex. SEC-10-GM-024
Feb. 16, 2021Exhibit Management Associates, Inc.Mid-America Trucking Show (MATS) 2020 and 2021"This is a decision we did not make lightly, but in consultation with our exhibitors, attendees, supporters and partners, including Kentucky Venues, Louisville Tourism, Kentucky Governor's Office, and the Kentucky Cabinet for Health and Family Services." (MATS website statement, Mar. 12, 2020)Ex. SEC-10-GM-011
May 5, 2021U.S. Food and Drug Administration; accredited registrars; customersRegulatory and certification inspections at manufacturing plants (FDA facility inspections; ISO registrar and customer quality audits) (class)FDA (May 2021): 'the U.S. Food and Drug Administration made the decision to pause most foreign and domestic inspections, with the exception of mission-critical inspectional work'Ex. SEC-10-GM-031
June 16, 2021Informa MarketsWorld of Concrete 2021World of Concrete 2021 June Las Vegas ReleaseEx. SEC-10-GM-007
Aug. 19, 2021Association of Woodworking & Furnishings Suppliers (AWFS)AWFS Fair 2021AWFS Fair 2021 Las Vegas Held Education RecapEx. SEC-10-GM-010
Aug. 20, 2021Offshore Technology Conference (sponsoring societies led by SPE)OTC 2020 (Offshore Technology Conference)"Considering the rapidly changing guidance from governments and companies, OTC has chosen to postpone the conference from 4-7 May to the third quarter of 2020" (Mar. 13, 2020); "we have taken federal, state, and local guidelines into account in making our decision" (Cindy Yeilding, OTC Chairperson, Apr. 2, 2020)Ex. SEC-10-GM-022

8. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business of the industry Manufacturing with the instruments this report found for the quarters selected and no others: the order; the function of the business it reached; the change it compelled, in its own words; the days of the quarter on which it was in force; and the statute's answer. Where the Library holds only federal-layer and standing-duty instruments for a quarter, the section says so and applies the test to those instruments.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Step one, the orders. In the second quarter of 2020 the Library holds 202 instruments in force for this selection: 23 instruments from the regulators of Manufacturing (Governor J.B. Pritzker, Executive Order 2020-32 (COVID-19 Executive Order No. 30) (Apr. 30, 2020) (Ex. SEC-10-035); Dr. Amy Acton, Director, Ohio Department of Health, Director's Stay Safe Ohio Order (Apr. 30, 2020) (Ex. SEC-10-048); Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023); and 20 more) and 179 federal instruments (Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264); President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073); Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182); and 176 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Manufacturing industry, as the Library records them: production floor (PF; Ex. SEC-10-035, Ex. SEC-10-048, Ex. SEC-10-023, Ex. SEC-10-034 and 17 more); warehouse, shipping and receiving (WH; Ex. SEC-10-035, Ex. SEC-10-048, Ex. SEC-10-034, Ex. SEC-10-020 and 5 more); inbound supply, domestic and foreign (SC; Ex. SEC-10-034, Ex. SEC-10-005, Ex. SEC-10-001, Ex. SEC-10-026 and 8 more); distribution and customers (DS; Ex. SEC-10-034, Ex. SEC-10-001, Ex. SEC-10-026, Ex. SEC-10-002 and 7 more); engineering, sales and office (EN; Ex. SEC-10-035, Ex. SEC-10-048, Ex. SEC-10-023, Ex. SEC-10-034 and 7 more); trade shows, customer visits, field service (EV; Ex. SEC-10-048, Ex. SEC-10-023, Ex. SEC-10-034, Ex. SEC-10-020 and 3 more); hiring, screening, training and credentialing (HR; Ex. SEC-10-035, Ex. SEC-10-020, Ex. SEC-10-044, Ex. SEC-10-053 and 3 more); workforce availability (WF; Ex. SEC-10-048, Ex. SEC-10-023, Ex. SEC-10-034, Ex. SEC-10-005 and 6 more); the customer base (CB; Ex. SEC-10-023, Ex. SEC-10-034, Ex. SEC-10-050).

Step three, the change compelled. Governor J.B. Pritzker, Executive Order 2020-32 (COVID-19 Executive Order No. 30) (Apr. 30, 2020) (Ex. SEC-10-035) ordered: "4. Requirements for manufacturers. Manufacturers that continue to operate pursuant to this Order must follow Social Distancing Requirements and take appropriate precautions, which may include: providing face coverings to all employees who are not able to maintain a minimum six-foot social distance…" Enforcement: 20 ILCS 3305/7 Dr. Amy Acton, Director, Ohio Department of Health, Director's Stay Safe Ohio Order (Apr. 30, 2020) (Ex. SEC-10-048) ordered: "[scanned PDF; text not machine-read] Manufacturing, distribution and construction businesses may reopen May 4, 2020 subject to the mandatory requirements (employee face coverings, daily symptom assessment, six-foot distancing, sanitation)" Enforcement: R.C. 3701.352 (second-degree misdemeanor) Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023) ordered: "All businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements.... To the extent a business or non-profit has employees that cannot perform their functions via telework or…" Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Mar. 13, 2020 to June 30, 2020, 110 days. Executive Order 2020-32 (COVID-19 Executive Order No. 30) (Ex. SEC-10-035) was in force from May 1, 2020 to May 29, 2020, 29 of the quarter's 110 days; Director's Stay Safe Ohio Order (Ex. SEC-10-048) was in force from May 1, 2020 to May 29, 2020, 29 of the quarter's 110 days; Executive Order No. 107 (Ex. SEC-10-023) was in force from Mar. 21, 2020 to June 4, 2021, 102 of the quarter's 110 days. Of the 23 instruments in the quarter's record, 0 were in force on its first day, 15 on its last day and 0 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Manufacturing industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Third quarter of 2020 (July 1, 2020 to Sept. 30, 2020)

Step one, the orders. In the third quarter of 2020 the Library holds 184 instruments in force for this selection: 21 instruments from the regulators of Manufacturing (Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023); Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020); President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005); and 18 more) and 163 federal instruments (President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073); Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182); OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088); and 160 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Manufacturing industry, as the Library records them: production floor (PF; Ex. SEC-10-023, Ex. SEC-10-020, Ex. SEC-10-005, Ex. SEC-10-001 and 13 more); warehouse, shipping and receiving (WH; Ex. SEC-10-020, Ex. SEC-10-026, Ex. SEC-10-004, Ex. SEC-10-053 and 4 more); inbound supply, domestic and foreign (SC; Ex. SEC-10-005, Ex. SEC-10-001, Ex. SEC-10-026, Ex. SEC-10-002 and 9 more); distribution and customers (DS; Ex. SEC-10-001, Ex. SEC-10-026, Ex. SEC-10-002, Ex. SEC-10-003 and 8 more); engineering, sales and office (EN; Ex. SEC-10-023, Ex. SEC-10-020, Ex. SEC-10-026, Ex. SEC-10-053 and 3 more); trade shows, customer visits, field service (EV; Ex. SEC-10-023, Ex. SEC-10-020, Ex. SEC-10-026, Ex. SEC-10-037); hiring, screening, training and credentialing (HR; Ex. SEC-10-020, Ex. SEC-10-053, Ex. SEC-10-051, Ex. SEC-10-045 and 2 more); workforce availability (WF; Ex. SEC-10-023, Ex. SEC-10-005, Ex. SEC-10-053, Ex. SEC-10-051 and 4 more); the customer base (CB; Ex. SEC-10-023).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023) ordered: "All businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements.... To the extent a business or non-profit has employees that cannot perform their functions via telework or…" Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense) Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020) ordered: "Manufacturing businesses, warehousing businesses, and businesses engaged in essential construction projects must adopt policies that include, at minimum, the following requirements: a. Prohibit non-essential visitors from entering the worksite; b. Limit worksite meetings, inductions, and workgroups…" Enforcement: ¶ 8: N.J.S.A. App. A:9-49, -50 President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005) ordered: "the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA" Enforcement: DPA § 103 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2020 to Sept. 30, 2020, 92 days. Executive Order No. 107 (Ex. SEC-10-023) was in force from Mar. 21, 2020 to June 4, 2021, 92 of the quarter's 92 days; Executive Order No. 122 (Ex. SEC-10-020) was in force from Apr. 10, 2020 to Nov. 5, 2020, 92 of the quarter's 92 days; Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect… (Ex. SEC-10-005) was in force from Apr. 28, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 21 instruments in the quarter's record, 15 were in force on its first day, 16 on its last day and 13 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Manufacturing industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020)

Step one, the orders. In the fourth quarter of 2020 the Library holds 183 instruments in force for this selection: 23 instruments from the regulators of Manufacturing (Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023); Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020); President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005); and 20 more) and 160 federal instruments (President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073); Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182); OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088); and 157 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Manufacturing industry, as the Library records them: production floor (PF; Ex. SEC-10-023, Ex. SEC-10-020, Ex. SEC-10-005, Ex. SEC-10-001 and 15 more); warehouse, shipping and receiving (WH; Ex. SEC-10-020, Ex. SEC-10-026, Ex. SEC-10-053, Ex. SEC-10-051 and 7 more); inbound supply, domestic and foreign (SC; Ex. SEC-10-005, Ex. SEC-10-001, Ex. SEC-10-026, Ex. SEC-10-002 and 6 more); distribution and customers (DS; Ex. SEC-10-001, Ex. SEC-10-026, Ex. SEC-10-002, Ex. SEC-10-003 and 5 more); engineering, sales and office (EN; Ex. SEC-10-023, Ex. SEC-10-020, Ex. SEC-10-026, Ex. SEC-10-053 and 8 more); trade shows, customer visits, field service (EV; Ex. SEC-10-023, Ex. SEC-10-020, Ex. SEC-10-026, Ex. SEC-10-037 and 1 more); hiring, screening, training and credentialing (HR; Ex. SEC-10-020, Ex. SEC-10-053, Ex. SEC-10-051, Ex. SEC-10-045 and 6 more); workforce availability (WF; Ex. SEC-10-023, Ex. SEC-10-005, Ex. SEC-10-053, Ex. SEC-10-051 and 9 more); the customer base (CB; Ex. SEC-10-023).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023) ordered: "All businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements.... To the extent a business or non-profit has employees that cannot perform their functions via telework or…" Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense) Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020) ordered: "Manufacturing businesses, warehousing businesses, and businesses engaged in essential construction projects must adopt policies that include, at minimum, the following requirements: a. Prohibit non-essential visitors from entering the worksite; b. Limit worksite meetings, inductions, and workgroups…" Enforcement: ¶ 8: N.J.S.A. App. A:9-49, -50 President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005) ordered: "the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA" Enforcement: DPA § 103 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Oct. 1, 2020 to Dec. 31, 2020, 92 days. Executive Order No. 107 (Ex. SEC-10-023) was in force from Mar. 21, 2020 to June 4, 2021, 92 of the quarter's 92 days; Executive Order No. 122 (Ex. SEC-10-020) was in force from Apr. 10, 2020 to Nov. 5, 2020, 36 of the quarter's 92 days; Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect… (Ex. SEC-10-005) was in force from Apr. 28, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 23 instruments in the quarter's record, 15 were in force on its first day, 20 on its last day and 14 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Manufacturing industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the fourth quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

First quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021)

Step one, the orders. In the first quarter of 2021 the Library holds 199 instruments in force for this selection: 24 instruments from the regulators of Manufacturing (Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023); Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020); President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005); and 21 more) and 175 federal instruments (President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073); Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); and 172 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Manufacturing industry, as the Library records them: production floor (PF; Ex. SEC-10-023, Ex. SEC-10-020, Ex. SEC-10-005, Ex. SEC-10-001 and 17 more); warehouse, shipping and receiving (WH; Ex. SEC-10-020, Ex. SEC-10-026, Ex. SEC-10-053, Ex. SEC-10-051 and 7 more); inbound supply, domestic and foreign (SC; Ex. SEC-10-005, Ex. SEC-10-001, Ex. SEC-10-026, Ex. SEC-10-002 and 5 more); distribution and customers (DS; Ex. SEC-10-001, Ex. SEC-10-026, Ex. SEC-10-002, Ex. SEC-10-003 and 4 more); engineering, sales and office (EN; Ex. SEC-10-023, Ex. SEC-10-020, Ex. SEC-10-026, Ex. SEC-10-053 and 9 more); trade shows, customer visits, field service (EV; Ex. SEC-10-023, Ex. SEC-10-020, Ex. SEC-10-026, Ex. SEC-10-037 and 1 more); hiring, screening, training and credentialing (HR; Ex. SEC-10-020, Ex. SEC-10-053, Ex. SEC-10-051, Ex. SEC-10-045 and 8 more); workforce availability (WF; Ex. SEC-10-023, Ex. SEC-10-005, Ex. SEC-10-053, Ex. SEC-10-051 and 11 more); the customer base (CB; Ex. SEC-10-023).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023) ordered: "All businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements.... To the extent a business or non-profit has employees that cannot perform their functions via telework or…" Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense) Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020) ordered: "Manufacturing businesses, warehousing businesses, and businesses engaged in essential construction projects must adopt policies that include, at minimum, the following requirements: a. Prohibit non-essential visitors from entering the worksite; b. Limit worksite meetings, inductions, and workgroups…" Enforcement: ¶ 8: N.J.S.A. App. A:9-49, -50 President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005) ordered: "the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA" Enforcement: DPA § 103 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. Executive Order No. 107 (Ex. SEC-10-023) was in force from Mar. 21, 2020 to June 4, 2021, 90 of the quarter's 90 days; Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect… (Ex. SEC-10-005) was in force from Apr. 28, 2020 to Sept. 30, 2021, 90 of the quarter's 90 days; Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond… (Ex. SEC-10-001) was in force from Mar. 18, 2020 to Sept. 30, 2021, 90 of the quarter's 90 days. Of the 24 instruments in the quarter's record, 19 were in force on its first day, 19 on its last day and 17 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Manufacturing industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the first quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Step one, the orders. In the second quarter of 2021 the Library holds 191 instruments in force for this selection: 26 instruments from the regulators of Manufacturing (Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023); Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020); President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005); and 23 more) and 165 federal instruments (President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073); Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); and 162 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Manufacturing industry, as the Library records them: production floor (PF; Ex. SEC-10-023, Ex. SEC-10-020, Ex. SEC-10-005, Ex. SEC-10-001 and 19 more); warehouse, shipping and receiving (WH; Ex. SEC-10-020, Ex. SEC-10-026, Ex. SEC-10-053, Ex. SEC-10-051 and 9 more); inbound supply, domestic and foreign (SC; Ex. SEC-10-005, Ex. SEC-10-001, Ex. SEC-10-026, Ex. SEC-10-002 and 5 more); distribution and customers (DS; Ex. SEC-10-001, Ex. SEC-10-026, Ex. SEC-10-002, Ex. SEC-10-003 and 4 more); engineering, sales and office (EN; Ex. SEC-10-023, Ex. SEC-10-020, Ex. SEC-10-026, Ex. SEC-10-053 and 11 more); trade shows, customer visits, field service (EV; Ex. SEC-10-023, Ex. SEC-10-020, Ex. SEC-10-026, Ex. SEC-10-037); hiring, screening, training and credentialing (HR; Ex. SEC-10-020, Ex. SEC-10-053, Ex. SEC-10-051, Ex. SEC-10-045 and 10 more); workforce availability (WF; Ex. SEC-10-023, Ex. SEC-10-005, Ex. SEC-10-053, Ex. SEC-10-051 and 12 more); the customer base (CB; Ex. SEC-10-023).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023) ordered: "All businesses or non-profits in the State, whether closed or open to the public, must accommodate their workforce, wherever practicable, for telework or work-from-home arrangements.... To the extent a business or non-profit has employees that cannot perform their functions via telework or…" Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense) Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020) ordered: "Manufacturing businesses, warehousing businesses, and businesses engaged in essential construction projects must adopt policies that include, at minimum, the following requirements: a. Prohibit non-essential visitors from entering the worksite; b. Limit worksite meetings, inductions, and workgroups…" Enforcement: ¶ 8: N.J.S.A. App. A:9-49, -50 President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005) ordered: "the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA" Enforcement: DPA § 103 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Apr. 1, 2021 to June 30, 2021, 91 days. Executive Order No. 107 (Ex. SEC-10-023) was in force from Mar. 21, 2020 to June 4, 2021, 65 of the quarter's 91 days; Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect… (Ex. SEC-10-005) was in force from Apr. 28, 2020 to Sept. 30, 2021, 91 of the quarter's 91 days; Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond… (Ex. SEC-10-001) was in force from Mar. 18, 2020 to Sept. 30, 2021, 91 of the quarter's 91 days. Of the 26 instruments in the quarter's record, 19 were in force on its first day, 16 on its last day and 12 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Manufacturing industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Step one, the orders. In the third quarter of 2021 the Library holds 186 instruments in force for this selection: 19 instruments from the regulators of Manufacturing (President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005); President (Executive Order 13909), Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (Mar. 18, 2020) (Ex. SEC-10-001); President (Executive Order 13910), Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 23, 2020) (Ex. SEC-10-002); and 16 more) and 167 federal instruments (President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073); Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); and 164 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Manufacturing industry, as the Library records them: production floor (PF; Ex. SEC-10-005, Ex. SEC-10-001, Ex. SEC-10-003, Ex. SEC-10-007 and 13 more); warehouse, shipping and receiving (WH; Ex. SEC-10-039, Ex. SEC-10-043, Ex. SEC-10-055, Ex. SEC-10-029 and 5 more); inbound supply, domestic and foreign (SC; Ex. SEC-10-005, Ex. SEC-10-001, Ex. SEC-10-002, Ex. SEC-10-003 and 2 more); distribution and customers (DS; Ex. SEC-10-001, Ex. SEC-10-002, Ex. SEC-10-003, Ex. SEC-10-007 and 1 more); engineering, sales and office (EN; Ex. SEC-10-039, Ex. SEC-10-043, Ex. SEC-10-055, Ex. SEC-10-029 and 6 more); trade shows, customer visits, field service (EV; Ex. SEC-10-070, Ex. SEC-10-036); hiring, screening, training and credentialing (HR; Ex. SEC-10-039, Ex. SEC-10-043, Ex. SEC-10-014, Ex. SEC-10-055 and 6 more); workforce availability (WF; Ex. SEC-10-005, Ex. SEC-10-039, Ex. SEC-10-043, Ex. SEC-10-014 and 9 more); the customer base (CB; Ex. SEC-10-036).

Step three, the change compelled. President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005) ordered: "the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA" Enforcement: DPA § 103 President (Executive Order 13909), Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (Mar. 18, 2020) (Ex. SEC-10-001) ordered: "the Secretary of Health and Human Services... shall use any and all authority available under the Act to determine... the proper nationwide priorities and allocation of all health and medical resources, including controlling the distribution of such materials (including applicable services) in the…" Enforcement: DPA § 103 (50 U.S.C. 4513): fine and imprisonment for wilful violation of any order under the Act President (Executive Order 13910), Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 23, 2020) (Ex. SEC-10-002) ordered: "the Secretary... is delegated the authority of the President... to prevent hoarding of health and medical resources necessary to respond to the spread of COVID-19... including the authority to designate any material as a scarce material" Enforcement: DPA § 102-103; criminal penalties; DOJ enforcement The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2021 to Sept. 30, 2021, 92 days. Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect… (Ex. SEC-10-005) was in force from Apr. 28, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond… (Ex. SEC-10-001) was in force from Mar. 18, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to… (Ex. SEC-10-002) was in force from Mar. 23, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 19 instruments in the quarter's record, 12 were in force on its first day, 17 on its last day and 11 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Manufacturing industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

9. The Service's sentences, answered for Manufacturing

The Service's letters and examination reports rest on fourteen recurring grounds. Each is answered below from the text of the Suspension Clause, from Tri-State, from the instruments in the Library and from the United States' own representations in the Arizona litigation and in Tri-State. None survives. Several are positions the United States has disclaimed in court; several rest on words that appear in no statute; the first describes a period that did not occur.

Each sentence below is stated in the Service's general vocabulary and answered from the industry analysis; the full answer, with its footnotes, is on the ground page linked beneath it.

Sentence 1: 1. No orders in effect

There were no government orders related to COVID-19 in effect during the quarter which could have fully or partially suspended your trade or business.

The layer section counts the orders; the quarter section lists those in force in each quarter; the State table on this page lists the fifty-one State regimes. In the second quarter of 2020 forty-three States and the District had stay-home orders and every State had a gathering or closure order in force (Ex. LAW-203; Ex. LAW-230); in the third quarter of 2021, the quarter the letters most often name, the federal conveyance order (Ex. FED-020), the entry proclamations (Ex. FED-207; Ex. FED-208), the monthly land-border prohibitions (Ex. FED-233; Ex. FED-234; Ex. FED-235), the pre-departure testing order (Ex. FED-042), the Defense Production Act delegations and the scarce-materials designation (Ex. SEC-10-001; Ex. ECO-A-071), OSHA's National Emphasis Program (Ex. SEC-10-015), the Healthcare Emergency Temporary Standard (Ex. FED-080), the conveyance order as the Coast Guard's bulletins applied it at every sea port and the FRA's rail order (Ex. FED-020; Ex. AGY-USCG-PORTS-037, the implementing bulletin; Ex. AGY-AVIATION-SURFACE-014), the California, Oregon and Virginia workplace standards (Ex. SEC-10-041; Ex. SEC-10-055; Ex. SEC-10-043), the New York HERO Act plans (Ex. SEC-10-031), the face-covering and exposure-control orders of eight jurisdictions and some thirty metros (Ex. WA-078; Ex. SEC-10-036; Ex. NV-041; Ex. LA-036; Ex. NM-067; Ex. OR-048; Ex. DC-057; Ex. HI-024; Ex. MET-LA-018; Ex. MET-SFO-071; Ex. MET-CHI-026; Ex. MET-PHL-019; Ex. MET-BOS-013) and the school, child-care and health-care-worker orders of eighteen States were in force. The sentence is not a finding on a record; the National Taxpayer Advocate has explained that the 2024 letters were issued "based on the results of risk filter analyses rather than a prior examination." The Service's position is not a close call on a contested record. It is factually incorrect. It describes a period, March 2020 through September 2021, that did not occur.

Read the full answer to sentence 1 and the record behind it →

Sentence 2: 2. The essential designation

The employer operated an essential business and remained open.

The word "essential" appears nowhere in section 2301(c)(2)(A)(ii)(I) or section 3134(c)(2)(A)(ii)(I). The statute asks whether the operation was "fully or partially suspended," and an "essential" designation under a State's closure order is a permission to keep the plant open on the order's conditions; it is not a finding that nothing about its operation was suspended. The Notice says so: Q&A-10 lists among qualifying orders a curfew "that impacts the operating hours of a trade or business" and a health-department "workplace closure for cleaning and disinfecting" (927-28); Q&A-19 provides that an employer that "reduces its operating hours due to a governmental order is considered to have partially suspended its operations" (931); Q&A-17 treats a workplace closed "for certain purposes" that "may remain operational for other limited purposes" as partially suspended (930); and Q&A-17 and Q&A-18 treat the modifications required of open businesses as suspensions where their effect is more than nominal (930-31). The United States told the District Court that whether a business is "essential or non-essential will often vary from jurisdiction to jurisdiction" and is determined "by looking to the governmental order affecting [the employer's] operations," and that "orders that were otherwise directed at business operations (operational hours, space, etc.) would also be considered."

Whether a business is essential or non-essential will often vary from jurisdiction to jurisdiction ... orders that were otherwise directed at business operations (operational hours, space, etc.) would also be considered.

Read the full answer to sentence 2 and the record behind it →

Sentence 3: 3. Orders directed to the public

Stay-at-home orders directed to the public are not considered; only orders directed at business operations count.

The statute describes the orders by what they limit ("commerce, travel, or group meetings"), not by whom they address. The statute says nothing of the source of the order and nothing of its addressee. Q&A-10 itself lists, as the first example of a qualifying order, "[a]n order from the city's mayor stating that all non-essential businesses must close for a specified period," and, second in the same list, "[a] State's emergency proclamation that residents must shelter in place for a specified period"; a stay-at-home order addressed to the public is on the Service's own list. The United States told the District Court that the qualifying instruments are "orders, proclamations, or decrees from the Federal government or any State or local government" (Doc. 44 at 12), putting that list before the court, and the District Court held that Q&A-10 "provides a natural interpretation of the plain meaning of the statutory text" (Doc. 49 at 13). A stay-at-home order limits travel by its terms; it confines the workforce, the customer, the technician and the salesperson to their homes; it is an order "limiting ... travel" if any order is. Michigan's Executive Order 2020-21 was addressed to "all individuals currently living within the State of Michigan" and in the same instrument prohibited every business from requiring workers to leave home (Ex. MI-011, §§ 1, 4); New York's Executive Order 202.8 was addressed to businesses not exempted as essential and ordered their in-person workforce to zero (Ex. NY-002; Ex. NY-003); New Jersey's Executive Order 107 told residents to stay home in paragraph 2 and told every business to telework in paragraph 10 (Ex. SEC-10-023). The distinction the ground draws does not exist in the instruments any more than in the statute. The United States has represented that a business may be suspended "due to" an order "addressing a third party" (Br. for Appellees at 41), and the public is a third party.

Read the full answer to sentence 3 and the record behind it →

Sentence 4: 4. Telework

The employer could have continued comparable operations through telework.

The comparable-operations test is a Notice gloss, not statutory text, and the United States has represented that the Notice "lacks the force of law."

The Notice ... lacks the force of law.

Read the full answer to sentence 4 and the record behind it →

Sentence 5: 5. Customers, not the employer

The orders affected the employer's customers, not the employer (Q&A-13).

Q&A-13 addresses an employer that itself "suspends some or all of its operations" in response to "a reduction in demand for its products or services"; it does not address an employer whose operation of selling is terminated because the buyer is closed, capped or barred by order. The exclusion the ground invokes is itself a March 1, 2021 addition: the Service's FAQ 32 of April 29, 2020 confined it to "an essential business that is not required to close its physical locations or otherwise suspend its operations" claiming a suspension "for the sole reason" of its customers' stay-at-home order (LAW-146; LAW-107); the Notice extended it to every employer and to any "reduction in demand" (Q&A-13, at 929) (Ex. LAW-101), eleven months after the orders of March 2020 and after every 2020 quarter had closed, and the United States has represented that the document carrying the extension "lacks the force of law." The statute asks whether "the operation of the trade or business" was suspended "due to orders," and the operation of selling is suspended when the buyer is ordered not to open, not to buy or not to receive. Q&A-12 states the rule for the supplier side and its logic runs downstream: an employer is suspended "due to the governmental order that suspended operations of its supplier," and by the same reasoning due to the order that suspended operations of its customer. The United States told the Ninth Circuit that "a business may be suspended 'due to' a government order addressing a third party."

[A] business may be suspended 'due to' a government order addressing a third party (such as an order that suspends the operations of a supplier of the business).

Read the full answer to sentence 5 and the record behind it →

Sentence 6: 6. Voluntary measures

The employer's measures were voluntary (Q&A-14).

Q&A-14 addresses an employer that "voluntarily suspends" operations where the suspension "is not due to a governmental order" (Notice 2021-20, Q&A-14, at 929 (Ex. LAW-101)). Nothing relied on in this analysis was voluntary. Every modification in the quarter and function sections is tied to an instrument with a sanction: Michigan's misdemeanor (Ex. MI-011, § 14); New Jersey's penalties under N.J.S.A. App. A:9-49 and -50 (Ex. SEC-10-020, ¶ 8); Pennsylvania's enforcement by the Department of Health and the State Police (Ex. PA-002; Ex. PA-003); Cal/OSHA's citations under Labor Code §§ 6308 and 6317 (Ex. SEC-10-041); Oregon OSHA's under ORS 654.071 and 654.086 (Ex. SEC-10-055); Virginia's under Va. Code § 40.1-49.4 (Ex. SEC-10-043); the HERO Act's civil penalties and private right of action (Ex. SEC-10-029); the federal conveyance order's criminal penalties under 18 U.S.C. §§ 3559 and 3571 (Ex. FED-020); Oregon's civil penalty of $500 a day under OAR 333-019-1025 (Ex. OR-048); the District's $1,000 fines (Ex. DC-057); Los Angeles County's misdemeanor (Ex. MET-LA-018). A measure the law required on pain of penalty is not voluntary, and the United States has agreed that a change made under an order is caused by the order: Tri-State holds that "the required protocols and procedures to comply with the Proclamation" were caused by the order and that "[s]ick patients and employees alone did not require additional protocols." This analysis relies on no measure that a manufacturer adopted on its own.

The ground also fails on its own premise. Q&A-14 reaches, by its own terms, only a suspension "not due to a governmental order" (Q&A-14, at 929), and the United States and the District Court have defined the excluded employer as one "not being ordered to do so" (Doc. 49 at 18; Br. for Appellees at 42). No manufacturer in this industry's principal States answered that description in any of the six quarters. The reopening orders permitted the plant to run only on conditions with the force of law (see the standing duties above). The standing statutes commanded the same conduct independently and under penalty: "Each person shall act responsibly to prevent and control communicable disease" (Ex. DUT-TX-001); "Each employer shall" provide a "reasonably safe and healthful" workplace with "methods of sanitation and hygiene" (Ex. DUT-TX-013); and the general duty clause, which the Service's own Office of Chief Counsel recites as a statute that "requires each employer to furnish to each of his employees employment and a place of employment free from recognized hazards" (Ex. DUT-FED-001; LAW-143). The legislatures then fixed the standard of care as compliance with governmental standards, guidance and protocols (Ex. DUT-TX-015; Ex. MI-056). The safe-workplace statutes had no COVID-19 content until the health authorities said what a safe plant required; the spaced line, the screened gate and the staggered shift were taken because those directives defined the duty, and would not have been taken without them. "Due to" is but-for causation (Tri-State at 17-19), and the causation here runs from the command to the measure without an intervening choice. The Notice's own words say the same: a modification "required by a governmental order as a condition of reopening" is a partial suspension due to the order (Q&A-18, at 930). A statute that commands conduct is an order from an appropriate governmental authority as surely as a Governor's proclamation is; the statute says nothing of the source of the order, and the Service's premise fails wherever a command reached the employer, which the layer section shows it did in every State on every day of the six quarters.

Read the full answer to sentence 6 and the record behind it →

Sentence 7: 7. The 10 percent figure as a floor

The portion of the business affected was not more than nominal (the 10 percent figure applied as a floor).

The 10 percent figure appears in no statute. The United States has told two federal courts what it is: "Effectively, this is a safe harbor ... Properly understood, it isn't an eligibility requirement"; the line "exists only as a safe harbor"; "the IRS did not say that a taxpayer cannot qualify for the ERC if they have been impacted less than 10 percent"; to the Ninth Circuit, "a quintessential safe harbor," "a safe harbor rather than a hard floor," and reading it as a floor "erroneously swaps an 'if' with an 'only if.'" The District Court held that the figure "is not an exclusionary cut-off point"; the court in Tri-State held that the Notice "provides a method for the test to be met not as a requirement to meet the test" and that a ten percent requirement "would read requirements into the statute that do not exist."

The 10 percent is not determinative for whether an employer has been partially suspended. ... Effectively, this is a safe harbor ... Properly understood, it isn't an eligibility requirement.

Read the full answer to sentence 7 and the record behind it →

Sentence 8: 8. Modifications of nominal effect

The required modifications (masks, gloves, spacing, screening) had only a nominal effect on operations (Q&A-18).

The Suspension Clause asks whether a portion of the operation was suspended due to orders; "nominal effect" appears nowhere in it, and the sentence of Q&A-18 on which the ground rests is a gloss the United States has represented "lacks the force of law." The sentence is also a March 1, 2021 addition: the FAQs of April 29, 2020 contained no "nominal effect" test (LAW-107; LAW-146); their June 19, 2020 revision added "more than a nominal effect" only for the case where "all of an employer's business operations may continue, even if subject to modification," with no categorical sentence about masks (LAW-136); and the sentence that mask, glove and one-way-aisle rules "will not result in more than a nominal effect" appeared for the first time in the Notice (Q&A-18, at 931) (Ex. LAW-101), after the 2020 quarters had closed. Tri-State holds that "the required protocols and procedures to comply with the Proclamation" were suspensions the order caused, and a compelled modification of the production floor is a suspension of a portion of the operation on the words as written. The Notice's own words say the same: Q&A-18's text distinguishes a modification that "has more than a nominal effect on the business operations" from one that does not and names "requiring employees and customers to wear face coverings" among the modifications it contemplates, and Q&A-19 describes as a partial suspension a food processor that "reduces its daily operating hours by five hours per day" so that a deep cleaning ordered by the local health department "may be conducted within its workplace once every 24 hours" (931). Q&A-18's final sentence reaches, by its terms, only a mask or glove rule standing alone; every instrument on this page arrived as one condition of a regime fixing screening, distancing, exclusion, testing, training and records. The United States told the District Court that "employees having to wear face masks may impact business operations."

[E]mployees having to wear face masks may impact business operations.

Read the full answer to sentence 8 and the record behind it →

Sentence 9: 9. A declaration of emergency

A declaration of emergency is not an order (Q&A-10).

Agreed as to a bare declaration, and this analysis relies on none as a suspending order. The State emergency declarations, the federal public health emergency (Ex. FED-016) and the national emergency (Ex. FED-001; Ex. FED-002) are cited as predicates, and the closing paragraph of the third-quarter section says so in terms. A proclamation or declaration that itself carries an operative provision limiting commerce, travel or group meetings is relied on as an order for that provision, which is what Q&A-10 lists among governmental orders ("A State's emergency proclamation that residents must shelter in place for a specified period"): Hawaii's Twenty-First Proclamation and its Emergency Proclamation of August 5, 2021 carried the Statewide Face Covering Requirement and Safe Travels (Ex. HI-023; Ex. HI-024); Louisiana's Proclamation 137 JBE 2021 required face coverings of every person indoors, one of the airborne-transmission controls the State imposed on every indoor workplace (Ex. LA-036); Washington's Proclamation 20-25 closed every business not exempted as essential (Ex. WA-016); Nevada's Declaration of Emergency Directives 003 and 047 closed, capped and imposed face-covering requirements (Ex. NV-004; Ex. NV-041). The orders relied on are the instruments that limited commerce, travel or group meetings under those declarations: closure orders, restart conditions, workplace standards, face-covering and exposure-control orders, gathering caps, travel quarantines, entry proclamations, border notifications, conveyance and testing orders, port and rail orders, school and health-care orders, each with an issuer, a date, an operative clause and a sanction. The ground answers an analysis that no one has offered.

Read the full answer to sentence 9 and the record behind it →

Sentence 10: 10. Suppliers and attenuation

The supplier was not itself closed by order; supply-chain effects are too attenuated (AM 2023-005).

AM 2023-005 is a Chief Counsel memorandum that "may not be used or cited as precedent" (LAW-106), and the court in Tri-State refused to give weight to a memorandum of that kind for that reason. Q&A-12's rule is the Service's own: an employer is suspended "due to the governmental order that suspended operations of its supplier," and its example is an automobile parts manufacturer. The United States told the Ninth Circuit that the rule "never even mentions a 'physical[ ] clos[ure]' order against the supplier" and that "a business may be suspended 'due to' a government order addressing a third party (such as an order that suspends the operations of a supplier of the business)"; the FAQ page's "absolutely could not operate without the supplier's product" appears in neither the Notice nor the United States' briefs. The suppliers of this industry were closed by orders that named them: every non-essential plant in Michigan, Pennsylvania, New York, New Jersey, Illinois, Ohio, Washington, California, Massachusetts and Minnesota in March and April 2020; the tier plants abroad by the foreign orders cited as context (Ex. FOR-004; Ex. FOR-005; Ex. FOR-012; Ex. FOR-013); their engineers barred at the border by the entry proclamations on every day from March 13, 2020 through September 30, 2021 (Ex. FED-202; Ex. FED-207; Ex. FED-208); their trucks and crews stopped at the land border by monthly notification (Ex. FED-221; Ex. FED-235); their output diverted by the Defense Production Act orders (Ex. SEC-10-010; Ex. SEC-10-011; Ex. SEC-10-012) and held at the port by the FEMA rule (Ex. SEC-10-004; Ex. SEC-10-009); their protective equipment allocated under the scarce-materials designation (Ex. ECO-A-070; Ex. ECO-A-071). "Attenuated" is not a word in the statute; "due to" is, and Tri-State holds that it means but-for and that the United States' "proximate" formulation "improperly adds words into the statute."

Read the full answer to sentence 10 and the record behind it →

Sentence 11: 11. Orders that had lifted

The orders had lifted before the quarter began; any effect was a lingering effect.

The interconnected-economy section states the answer from the clause's grammar, from Tri-State's definition and from the Notice. "During the calendar quarter" modifies "suspended," not "orders"; a suspension is "[t]he act of temporarily delaying, interrupting, or terminating something," and a delay persists after its cause; Q&A-22 makes a suspension for a day a suspension for the quarter and Q&A-16(4) treats the transition after an order's compulsion as a suspension. The position also misdescribes the record. For the third quarter of 2021 this analysis relies on orders in force on every day of the quarter (the federal general layer; the California, Oregon and Virginia standards; the FRA and DPA instruments and the conveyance order as applied at the ports; Hawaii's and New Mexico's orders), orders issued inside it (the face-covering and exposure-control orders of seven States, the District and thirty metros; the HERO Act activation; the Oregon and Virginia amendments), and the counterparty orders on the industry's suppliers, customers and workforce; the closing paragraph of that section lists the expired instruments on which it does not rest. Where this analysis relies on the restoration period, it does so from the orders' own steps: the last general restart condition came off between April 3 and June 30, 2021 in every closure State (Ex. PA-035; Ex. MI-076; Ex. SEC-10-022; Ex. IL-037; Ex. WA-065; Ex. CA-027; Ex. OR-043; Ex. MN-038), and an operation released from fourteen months of ordered conditions one day to thirteen weeks before a quarter began was suspended in part during that quarter due to those orders. The Service's phrase names an effect and strips it of its cause; the cause was the order.

Read the full answer to sentence 11 and the record behind it →

Sentence 12: 12. Gross receipts

The employer did not experience the required decline in gross receipts.

The gross-receipts prong is section 2301(c)(2)(A)(ii)(II) and section 3134(c)(2)(A)(ii)(II); the suspension prong is clause (I); they are joined by "or." An employer qualifies under either. The United States so acknowledged in Tri-State, and the court held that "[c]onsidering the Gross Receipts Test is by Defendant's admission, another method to qualify under for the credit, the fact an employer can be eligible and affected without partial or full suspension is reasonable," and found "even Defendant's own argument is contradictory" when the United States tried to read the receipts prong as a limit on the suspension prong. This analysis is written to clause (I). A manufacturer whose receipts rose while its floor ran under a restart order, its office was ordered home and its shows were cancelled was partially suspended under clause (I) on the words as written; the statute asks about the operation, not the ledger.

Read the full answer to sentence 12 and the record behind it →

Sentence 13: 13. Guidance, not orders

The instruments relied on are guidance, recommendations or best practices, not orders.

This analysis distinguishes the two throughout. The CDC's and OSHA's manufacturing guidance, the CISA essential-workforce list as a federal document, the CMS recommendation of April 7, 2020 that accompanied CMS-1744-IFC (Ex. FED-090) and the Responsible RestartOhio sector checklist are described as guidance and ground no finding standing alone; where a State made such a document binding by order it is relied on through the order (Ohio's Stay Safe Ohio Order, which carries the manufacturing requirements (Ex. OH-019; Ex. SEC-10-048); Kentucky's Healthy at Work Requirements for Manufacturing, Distribution and Supply Chain Businesses (Ex. SEC-10-051), which the Cabinet for Health and Family Services' order of May 9, 2020 and Executive Order 2020-323 made a condition of reopening and remaining open (Ex. SEC-10-053; Ex. KY-017); Minnesota's Executive Order 20-40 requiring a Preparedness Plan (Ex. SEC-10-044); California's State Public Health Officer order of May 7, 2020 making the industry guidance mandatory (Ex. CA-015); the Washington L&I rule making the Phase 1 requirements workplace law (Ex. AGY-ST-LABOR-WORKPLACE-050; Ex. WA-034)). Every instrument on which a finding rests is an executive order, proclamation, public health order, administrative rule, emergency standard, statute, directive or court order with a sanction, and the third-quarter inventory states the sanction for each. An administrative order filed in the Oregon Administrative Rules (Ex. SEC-10-055), a standard codified at 16VAC25-220 (Ex. SEC-10-043), a regulation at 8 C.C.R. § 3205 (Ex. SEC-10-041), a statute at Labor Law § 218-b (Ex. SEC-10-029), a federal order whose violation "constitutes a violation of Federal law" (Ex. FED-020) and a Governor's executive order enforceable as a misdemeanor (Ex. MI-011, § 14) are not recommendations. The United States told the District Court that the qualifying instruments are "orders, proclamations, or decrees from the Federal government or any State or local government" that limited "commerce, travel, or group meetings"; every exhibit relied on is one.

[O]rders, proclamations, or decrees from the Federal government or any State or local government ... limiting commerce, travel, or group meetings.

Read the full answer to sentence 13 and the record behind it →

Sentence 14: 14. The ordinary meaning of "order"

"Order" must be given its ordinary meaning.

Agreed. An order, in ordinary meaning, is a command from an authority that the addressee must obey on pain of a sanction. Apply that meaning to the instruments listed: Executive Order 2020-21 commanded every Michigan business to send home every worker not necessary to sustain or protect life, on pain of a misdemeanor (Ex. MI-011); Executive Order 122 commanded every New Jersey manufacturer to adopt the protocols of paragraph 3, on pain of the penalties of paragraph 8 (Ex. SEC-10-020); 8 C.C.R. § 3205 commanded every California employer to exclude exposed workers with pay, on pain of citation (Ex. SEC-10-041); the conveyance order commanded every person to wear a mask on every conveyance and every operator to enforce it, on pain of criminal penalty (Ex. FED-020); the land-border notifications commanded Customs and Border Protection to refuse entry to every non-essential traveler (Ex. FED-235); Order 20-03.4 commanded every person in Washington to wear a face covering indoors regardless of vaccination status and Proclamation 20-25.15 commanded every business to refuse admission to the unmasked (Ex. WA-078; Ex. WA-080); OAR 333-019-1025 commanded the operator of every Oregon factory to "ensure employees, contractors, and volunteers comply" (Ex. OR-048). Each is an order in the ordinary sense, from an authority with power over the commerce, travel or meeting it limited, limiting it due to COVID-19. The ordinary meaning of "order" reaches every instrument in the quarter section and excludes none of them.

Read the full answer to sentence 14 and the record behind it →

Sentence 15: The grounds together

Of the fourteen grounds, three (9, 12 and 14) are propositions this analysis accepts and that decide nothing against it; four (2, 3, 7 and 8) rest on words ("essential," "directed at," "10 percent," "nominal effect" as a floor) that appear in no statute and that the United States has represented have no force of law or are a safe harbor; three (4, 5 and 10) misread the Notice's own text, which treats the manufacturing workspace as the case where comparable operations cannot continue, treats an order on a supplier as an order on the employer, and treats a customer closed by order as a closure rather than a preference; two (6 and 13) describe an analysis that relies on no voluntary measure and no guidance document as an order; one (11) confuses the expiry of an order with the end of the suspension it caused; and one (1) states as a fact about the record a proposition the record refutes on every page. The Service is free to disagree about the weight of these instruments. It is not free to say they did not exist.

10. Exhibit list

Every instrument cited in this report, by exhibit identifier: 374 records, of which The COVID Project holds the document for 366. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. AGY-AVIATION-SURFACE-014Emergency Order No. 32, 86 Fed. Reg. 11888 (Mar. 1, 2021), Docket FRA-2021-0016Federal Railroad Administration, Emergency Order No. 32, Notice No. 1Feb. 26, 2021Federal Railroad Administration, Emergency Order No. 32, Notice No. 1, Emergency Order No. 32, 86 Fed. Reg. 11888 (Mar. 1, 2021), Docket FRA-2021-0016 (Feb. 26, 2021) (Ex. AGY-AVIATION-SURFACE-014)/library/AGY-AVIATION-SURFACE-014/exhibit/AGY-AVIATION-SURFACE-014
Ex. AGY-ST-LABOR-WORKPLACE-050Emergency rule WAC 296-800-14035, 2019 novel coronavirus prohibited business activities and compliance with conditions for operations, CR-103E Rule-making Order…Department of Labor and Industries (Joel Sacks, Director)May 26, 2020Department of Labor and Industries (Joel Sacks, Director), Emergency rule WAC 296-800-14035, 2019 novel coronavirus prohibited business activities and compliance with conditions for operations, CR-103E Rule-making Order AO20-10 (adopted May 26, 2020; effective immediately upon filing) (Ex. AGY-ST-LABOR-WORKPLACE-050)/library/AGY-ST-LABOR-WORKPLACE-050/exhibit/AGY-ST-LABOR-WORKPLACE-050
Ex. AGY-USCG-PORTS-037MSIB 02-21 (Change 2)Commandant, U.S. Coast Guard, Inspections and Compliance DirectorateJune 11, 2021Commandant, U.S. Coast Guard, Inspections and Compliance Directorate, MSIB 02-21 (Change 2) (June 11, 2021) (Ex. AGY-USCG-PORTS-037)/library/AGY-USCG-PORTS-037/exhibit/AGY-USCG-PORTS-037
Ex. CA-015State Public Health Officer Order of May 7, 2020State Public Health Officer Sonia AngellMay 7, 2020State Public Health Officer Sonia Angell, State Public Health Officer Order of May 7, 2020 (Ex. CA-015)/library/CA-015/exhibit/CA-015
Ex. CA-027Executive Order N-07-21Governor Gavin NewsomJune 11, 2021Governor Gavin Newsom, Executive Order N-07-21 (June 11, 2021) (Ex. CA-027)/library/CA-027/exhibit/CA-027
Ex. DC-057Mayor's Order 2021-097Mayor Muriel BowserJuly 29, 2021Mayor Muriel Bowser, Mayor's Order 2021-097 (July 29, 2021) (Ex. DC-057)/library/DC-057/exhibit/DC-057
Ex. DUT-FED-00129 U.S.C. 654 (OSH Act § 5, the general duty clause)Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)standingCongress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)/library/DUT-FED-001/exhibit/DUT-FED-001
Ex. DUT-TX-001Tex. Health & Safety Code § 81.002Texas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act)standingTexas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act), Tex. Health & Safety Code § 81.002 (standing) (Ex. DUT-TX-001)/library/DUT-TX-001/exhibit/DUT-TX-001
Ex. DUT-TX-013Tex. Labor Code § 411.103Texas Legislature (Labor Code ch. 411, Workers' Health and Safety, Subchapter H, General Requirements Relating to Occupational Health and Safety)standingTexas Legislature (Labor Code ch. 411, Workers' Health and Safety, Subchapter H, General Requirements Relating to Occupational Health and Safety), Tex. Labor Code § 411.103 (standing) (Ex. DUT-TX-013)/library/DUT-TX-013/exhibit/DUT-TX-013
Ex. DUT-TX-015Tex. Civ. Prac. & Rem. Code § 148.003Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6)standingTexas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6), Tex. Civ. Prac. & Rem. Code § 148.003 (standing) (Ex. DUT-TX-015)/library/DUT-TX-015/exhibit/DUT-TX-015
Ex. ECO-A-070Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With…Acting Secretary of Health and Human ServicesFeb. 1, 2021Acting Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With Modifications, 86 Fed. Reg. 7731 (Feb. 1, 2021) (Ex. ECO-A-070)/library/ECO-A-070/exhibit/ECO-A-070
Ex. ECO-A-071Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With…Secretary of Health and Human Services (Xavier Becerra)July 7, 2021Secretary of Health and Human Services (Xavier Becerra), Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With Modifications, 86 Fed. Reg. 35810 (July 7, 2021) (Ex. ECO-A-071)/library/ECO-A-071/exhibit/ECO-A-071
Ex. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-002Notice of February 24, 2021President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)/library/FED-002/exhibit/FED-002
Ex. FED-006Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)Mar. 13, 2020President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)/library/FED-006/exhibit/FED-006
Ex. FED-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)/library/FED-007/exhibit/FED-007
Ex. FED-008Memorandum of February 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)Feb. 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)/library/FED-008/exhibit/FED-008
Ex. FED-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)/library/FED-010/exhibit/FED-010
Ex. FED-011Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)Alex M. Azar II, Secretary of HHSApr. 21, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)/library/FED-011/exhibit/FED-011
Ex. FED-012Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)Alex M. Azar II, Secretary of HHSJuly 23, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)/library/FED-012/exhibit/FED-012
Ex. FED-013Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)Alex M. Azar II, Secretary of HHSOct. 2, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)/library/FED-013/exhibit/FED-013
Ex. FED-014Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)Alex M. Azar II, Secretary of HHSJan. 7, 2021Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)/library/FED-014/exhibit/FED-014
Ex. FED-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)/library/FED-015/exhibit/FED-015
Ex. FED-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)/library/FED-016/exhibit/FED-016
Ex. FED-020CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)Jan. 29, 2021Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)/library/FED-020/exhibit/FED-020
Ex. FED-022CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)Sept. 1, 2020Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)/library/FED-022/exhibit/FED-022
Ex. FED-023CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)Centers for Disease Control and Prevention, HHSJan. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)/library/FED-023/exhibit/FED-023
Ex. FED-024CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)Centers for Disease Control and Prevention, HHSMar. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)/library/FED-024/exhibit/FED-024
Ex. FED-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)/library/FED-025/exhibit/FED-025
Ex. FED-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)/library/FED-026/exhibit/FED-026
Ex. FED-027CDC No Sail Order and Suspension of Further EmbarkationCenters for Disease Control and Prevention, HHS (CDC Director)Mar. 14, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)/library/FED-027/exhibit/FED-027
Ex. FED-028No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)Centers for Disease Control and Prevention, HHSApr. 9, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)/library/FED-028/exhibit/FED-028
Ex. FED-029No Sail Order; Second Modification and Extension (July 16, 2020)Centers for Disease Control and Prevention, HHSJuly 16, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)/library/FED-029/exhibit/FED-029
Ex. FED-030No Sail Order; Third Modification and Extension (Sept. 30, 2020)Centers for Disease Control and Prevention, HHSSept. 30, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)/library/FED-030/exhibit/FED-030
Ex. FED-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)/library/FED-031/exhibit/FED-031
Ex. FED-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)/library/FED-032/exhibit/FED-032
Ex. FED-034CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')Centers for Disease Control and Prevention, HHS (CDC Director)Mar. 20, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)/library/FED-034/exhibit/FED-034
Ex. FED-036Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)Centers for Disease Control and Prevention, HHSMay 19, 2020Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)/library/FED-036/exhibit/FED-036
Ex. FED-037CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)Centers for Disease Control and Prevention, HHSOct. 13, 2020Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)/library/FED-037/exhibit/FED-037
Ex. FED-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)/library/FED-038/exhibit/FED-038
Ex. FED-039Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…Centers for Disease Control and Prevention, HHSMar. 20, 2020Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)/library/FED-039/exhibit/FED-039
Ex. FED-040CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United KingdomCenters for Disease Control and Prevention, HHSDec. 25, 2020Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)/library/FED-040/exhibit/FED-040
Ex. FED-041CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…Centers for Disease Control and Prevention, HHSJan. 12, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)/library/FED-041/exhibit/FED-041
Ex. FED-042CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)Jan. 25, 2021Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)/library/FED-042/exhibit/FED-042
Ex. FED-048Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…Centers for Disease Control and Prevention, HHSSept. 11, 2020Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)/library/FED-048/exhibit/FED-048
Ex. FED-050TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)Jan. 31, 2021Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)/library/FED-050/exhibit/FED-050
Ex. FED-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)/library/FED-051/exhibit/FED-051
Ex. FED-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)/library/FED-052/exhibit/FED-052
Ex. FED-053TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)/library/FED-053/exhibit/FED-053
Ex. FED-054Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)/library/FED-054/exhibit/FED-054
Ex. FED-055Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)/library/FED-055/exhibit/FED-055
Ex. FED-056Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight BoardApr. 20, 2021Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)/library/FED-056/exhibit/FED-056
Ex. FED-057Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)Acting Secretary of Homeland Security David P. PekoskeJan. 27, 2021Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)/library/FED-057/exhibit/FED-057
Ex. FED-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-061Executive Order 13998President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)/library/FED-061/exhibit/FED-061
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)/library/FED-063/exhibit/FED-063
Ex. FED-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-066Executive Order 13945President Donald J. TrumpAug. 8, 2020President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)/library/FED-066/exhibit/FED-066
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-072Executive Order 13911President Donald J. TrumpMar. 27, 2020President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)/library/FED-072/exhibit/FED-072
Ex. FED-073Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)President Donald J. TrumpApr. 28, 2020President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)/library/FED-073/exhibit/FED-073
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)/library/FED-074/exhibit/FED-074
Ex. FED-075Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic UseFederal Emergency Management Agency, DHSApr. 7, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)/library/FED-075/exhibit/FED-075
Ex. FED-076Notification of Exemptions to the PPE allocation ruleFederal Emergency Management Agency, DHSApr. 17, 2020Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)/library/FED-076/exhibit/FED-076
Ex. FED-077Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)Federal Emergency Management Agency, DHSAug. 10, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)/library/FED-077/exhibit/FED-077
Ex. FED-078Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)Federal Emergency Management Agency, DHSDec. 31, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)/library/FED-078/exhibit/FED-078
Ex. FED-079Notification of Additional Exemptions to the PPE allocation rule (June 11, 2021)Federal Emergency Management Agency, DHSJune 11, 2021Federal Emergency Management Agency, DHS, Notification of Additional Exemptions to the PPE allocation rule (June 11, 2021) (Ex. FED-079)/library/FED-079/exhibit/FED-079
Ex. FED-080Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)Occupational Safety and Health Administration, U.S. Department of LaborJune 21, 2021Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)/library/FED-080/exhibit/FED-080
Ex. FED-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)/library/FED-081/exhibit/FED-081
Ex. FED-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)/library/FED-082/exhibit/FED-082
Ex. FED-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)/library/FED-083/exhibit/FED-083
Ex. FED-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)/library/FED-084/exhibit/FED-084
Ex. FED-088Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)OSHA, U.S. Department of LaborMar. 9, 2020OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)/library/FED-088/exhibit/FED-088
Ex. FED-090CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…Centers for Medicare & Medicaid Services, HHSMar. 30, 2020Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)/library/FED-090/exhibit/FED-090
Ex. FED-091CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)Centers for Medicare & Medicaid Services, HHSMay 1, 2020Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)/library/FED-091/exhibit/FED-091
Ex. FED-092CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…Centers for Medicare & Medicaid Services, HHSSept. 2, 2020Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)/library/FED-092/exhibit/FED-092
Ex. FED-093CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)Nov. 2, 2020Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)/library/FED-093/exhibit/FED-093
Ex. FED-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)/library/FED-094/exhibit/FED-094
Ex. FED-096CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight GroupMar. 4, 2020CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)/library/FED-096/exhibit/FED-096
Ex. FED-097QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)CMS, Quality, Safety & Oversight GroupMar. 13, 2020CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)/library/FED-097/exhibit/FED-097
Ex. FED-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)/library/FED-098/exhibit/FED-098
Ex. FED-099CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 23, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)/library/FED-099/exhibit/FED-099
Ex. FED-100FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 29, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)/library/FED-100/exhibit/FED-100
Ex. FED-150FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Apr. 11, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)/library/FED-150/exhibit/FED-150
Ex. FED-154QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)CMS, Quality, Safety & Oversight GroupSept. 17, 2020CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)/library/FED-154/exhibit/FED-154
Ex. FED-155QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19CMS, Quality, Safety & Oversight GroupMar. 10, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)/library/FED-155/exhibit/FED-155
Ex. FED-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)/library/FED-156/exhibit/FED-156
Ex. FED-157QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)CMS, Quality, Safety & Oversight GroupMay 18, 2020CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)/library/FED-157/exhibit/FED-157
Ex. FED-158CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…Centers for Medicare & Medicaid Services, HHSApr. 7, 2020Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)/library/FED-158/exhibit/FED-158
Ex. FED-159CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)Centers for Medicare & Medicaid Services, HHSApr. 19, 2020Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)/library/FED-159/exhibit/FED-159
Ex. FED-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)/library/FED-160/exhibit/FED-160
Ex. FED-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)/library/FED-161/exhibit/FED-161
Ex. FED-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)/library/FED-163/exhibit/FED-163
Ex. FED-164CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 4, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)/library/FED-164/exhibit/FED-164
Ex. FED-165CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupJune 1, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)/library/FED-165/exhibit/FED-165
Ex. FED-166CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupAug. 17, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)/library/FED-166/exhibit/FED-166
Ex. FED-168CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…CMS, Quality, Safety & Oversight GroupAug. 26, 2020CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)/library/FED-168/exhibit/FED-168
Ex. FED-170Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…Congress (Pub. L. 116-127); approved by the PresidentMar. 18, 2020Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)/library/FED-170/exhibit/FED-170
Ex. FED-171Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826Wage and Hour Division, U.S. Department of LaborApr. 1, 2020Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)/library/FED-171/exhibit/FED-171
Ex. FED-172Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)Wage and Hour Division, U.S. Department of LaborSept. 11, 2020Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)/library/FED-172/exhibit/FED-172
Ex. FED-173Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…Congress (Pub. L. 116-260)Dec. 27, 2020Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)/library/FED-173/exhibit/FED-173
Ex. FED-174American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…Congress (Pub. L. 117-2); approved by the PresidentMar. 11, 2021Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)/library/FED-174/exhibit/FED-174
Ex. FED-180Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)Secretary of Health and Human ServicesMar. 10, 2020Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)/library/FED-180/exhibit/FED-180
Ex. FED-181Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…Secretary of Health and Human ServicesFeb. 4, 2020Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)/library/FED-181/exhibit/FED-181
Ex. FED-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)/library/FED-182/exhibit/FED-182
Ex. FED-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)/library/FED-183/exhibit/FED-183
Ex. FED-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)/library/FED-184/exhibit/FED-184
Ex. FED-185Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)Dec. 11, 2020Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)/library/FED-185/exhibit/FED-185
Ex. FED-186Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)Food and Drug Administration, HHSDec. 18, 2020Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)/library/FED-186/exhibit/FED-186
Ex. FED-187Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)Food and Drug Administration, HHSFeb. 27, 2021Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)/library/FED-187/exhibit/FED-187
Ex. FED-190The President's Coronavirus Guidelines for America: 15 Days to Slow the SpreadThe President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)/library/FED-190/exhibit/FED-190
Ex. FED-19130 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)The President and the White House Coronavirus Task ForceMar. 31, 2020The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)/library/FED-191/exhibit/FED-191
Ex. FED-192Guidelines for Opening Up America Again (Apr. 16, 2020)The President and the White House Coronavirus Task ForceApr. 16, 2020The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)/library/FED-192/exhibit/FED-192
Ex. FED-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)/library/FED-194/exhibit/FED-194
Ex. FED-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-202Proclamation 9993President Donald J. TrumpMar. 11, 2020President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)/library/FED-202/exhibit/FED-202
Ex. FED-203Proclamation 9996President Donald J. TrumpMar. 14, 2020President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)/library/FED-203/exhibit/FED-203
Ex. FED-204Proclamation 10041President Donald J. TrumpMay 24, 2020President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)/library/FED-204/exhibit/FED-204
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-210Proclamation 10014President Donald J. TrumpApr. 22, 2020President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)/library/FED-210/exhibit/FED-210
Ex. FED-211Proclamation 10052President Donald J. TrumpJune 22, 2020President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)/library/FED-211/exhibit/FED-211
Ex. FED-212Proclamation 10054President Donald J. TrumpJune 29, 2020President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)/library/FED-212/exhibit/FED-212
Ex. FED-213Proclamation 10131President Donald J. TrumpDec. 31, 2020President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)/library/FED-213/exhibit/FED-213
Ex. FED-214Proclamation 10149President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)/library/FED-214/exhibit/FED-214
Ex. FED-216Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border ProtectionMar. 24, 2020U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)/library/FED-216/exhibit/FED-216
Ex. FED-217Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)/library/FED-217/exhibit/FED-217
Ex. FED-219Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)/library/FED-219/exhibit/FED-219
Ex. FED-221Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 51634 (Aug. 21, 2020)DHS (Acting Secretary Chad F. Wolf)Aug. 21, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 51634 (Aug. 21, 2020) (Ex. FED-221)/library/FED-221/exhibit/FED-221
Ex. FED-222Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)/library/FED-222/exhibit/FED-222
Ex. FED-225Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)/library/FED-225/exhibit/FED-225
Ex. FED-226Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)/library/FED-226/exhibit/FED-226
Ex. FED-229Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)/library/FED-229/exhibit/FED-229
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)/library/FED-232/exhibit/FED-232
Ex. FED-233Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 38556 (July 22, 2021)DHS (Secretary Alejandro N. Mayorkas)July 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 38556 (July 22, 2021) (Ex. FED-233)/library/FED-233/exhibit/FED-233
Ex. FED-234Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 46964 (Aug. 23, 2021)DHS (Secretary Alejandro N. Mayorkas)Aug. 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 46964 (Aug. 23, 2021) (Ex. FED-234)/library/FED-234/exhibit/FED-234
Ex. FED-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)/library/FED-235/exhibit/FED-235
Ex. FED-239Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…DHS (Acting Secretary Chad F. Wolf), with CBPMar. 24, 2020DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)/library/FED-239/exhibit/FED-239
Ex. FED-240Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)/library/FED-240/exhibit/FED-240
Ex. FED-242Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)/library/FED-242/exhibit/FED-242
Ex. FED-245Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)/library/FED-245/exhibit/FED-245
Ex. FED-248Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)/library/FED-248/exhibit/FED-248
Ex. FED-249Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)/library/FED-249/exhibit/FED-249
Ex. FED-252Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)/library/FED-252/exhibit/FED-252
Ex. FED-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)/library/FED-255/exhibit/FED-255
Ex. FED-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)/library/FED-258/exhibit/FED-258
Ex. FED-264OMB Memorandum M-20-16Office of Management and Budget (Acting Director Russell T. Vought)Mar. 17, 2020Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)/library/FED-264/exhibit/FED-264
Ex. FED-266OMB Memorandum M-20-18Office of Management and Budget (Deputy Director for Management)Mar. 20, 2020Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)/library/FED-266/exhibit/FED-266
Ex. FED-268OMB/OPM Memorandum M-20-23Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)Apr. 20, 2020Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)/library/FED-268/exhibit/FED-268
Ex. FED-270Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task ForceJan. 24, 2021Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)/library/FED-270/exhibit/FED-270
Ex. FED-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)/library/FED-271/exhibit/FED-271
Ex. FED-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)/library/FED-272/exhibit/FED-272
Ex. FED-274Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Safer Federal Workforce Task Force; approved by the Director of OMBSept. 24, 2021Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)/library/FED-274/exhibit/FED-274
Ex. FED-275Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)Office of Management and Budget (Acting Director Shalanda D. Young)Sept. 24, 2021Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)/library/FED-275/exhibit/FED-275
Ex. FED-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)/library/FED-278/exhibit/FED-278
Ex. FED-279Order of March 16, 2020 (COVID-19 building access)United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)Mar. 16, 2020United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)/library/FED-279/exhibit/FED-279
Ex. FED-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)/library/FED-280/exhibit/FED-280
Ex. FED-281Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019Deputy Secretary of Defense David L. NorquistMar. 13, 2020Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)/library/FED-281/exhibit/FED-281
Ex. FED-282Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel RestrictionsSecretary of Defense Mark T. EsperApr. 20, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)/library/FED-282/exhibit/FED-282
Ex. FED-283Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…Secretary of Defense Mark T. EsperMay 22, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)/library/FED-283/exhibit/FED-283
Ex. FED-284Order of the Chief Judge No. 20-042Chief Judge Virginia A. PhillipsMar. 19, 2020Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)/library/FED-284/exhibit/FED-284
Ex. FED-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)/library/FED-285/exhibit/FED-285
Ex. FED-286General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)/library/FED-286/exhibit/FED-286
Ex. FED-288General Order 2020-8Chief Judge Philip A. BrimmerMay 6, 2020Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)/library/FED-288/exhibit/FED-288
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)/library/FED-290
Ex. FED-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)/library/FED-292/exhibit/FED-292
Ex. FED-295Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020Mar. 29, 2020Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)/library/FED-295/exhibit/FED-295
Ex. FED-296Tenth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerFeb. 12, 2021Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)/library/FED-296/exhibit/FED-296
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)/library/FED-297/exhibit/FED-297
Ex. FED-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)/library/FED-298/exhibit/FED-298
Ex. FED-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)/library/FED-299/exhibit/FED-299
Ex. FED-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)/library/FED-300/exhibit/FED-300
Ex. FED-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-303Standing Order 20-17Chief Judge Freda L. WolfsonNov. 25, 2020Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)/library/FED-303/exhibit/FED-303
Ex. FED-304Third Extension of Standing Order 20-12Chief Judge Freda L. WolfsonDec. 17, 2020Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)/library/FED-304/exhibit/FED-304
Ex. FED-305Standing Order 21-02Chief Judge Freda L. WolfsonMar. 17, 2021Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)/library/FED-305/exhibit/FED-305
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-310Second Amended Standing Order 2020-02Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)/library/FED-310/exhibit/FED-310
Ex. FED-312Standing Order 2020-05Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)/library/FED-312/exhibit/FED-312
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-316Fourth Amendment to General Order 20-01Chief Judge Thomas W. Thrash, Jr.July 31, 2020Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)/library/FED-316/exhibit/FED-316
Ex. FED-317General Order 72Chief Judge Phyllis J. HamiltonMar. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)/library/FED-317/exhibit/FED-317
Ex. FED-318General Order 72-2Chief Judge Phyllis J. HamiltonApr. 30, 2020Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)/library/FED-318/exhibit/FED-318
Ex. FED-319Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…U.S. Department of State, Bureau of Consular AffairsMar. 26, 2020U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)/library/FED-319
Ex. FED-320Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)U.S. Department of Homeland Security, U.S. Citizenship and Immigration ServicesApr. 20, 2020U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)/library/FED-320/exhibit/FED-320
Ex. FED-321Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)U.S. Department of Homeland Security, USCISMay 14, 2020U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)/library/FED-321/exhibit/FED-321
Ex. FED-322Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…DHS, USCISAug. 20, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)/library/FED-322/exhibit/FED-322
Ex. FED-323Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…DHS, USCISDec. 18, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)/library/FED-323/exhibit/FED-323
Ex. FED-324USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020U.S. Citizenship and Immigration ServicesMar. 17, 2020U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)/library/FED-324/exhibit/FED-324
Ex. FED-325USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4U.S. Citizenship and Immigration ServicesMay 27, 2020U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)/library/FED-325/exhibit/FED-325
Ex. FED-327Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)U.S. Department of State, Bureau of Consular AffairsMar. 20, 2020U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)/library/FED-327/exhibit/FED-327
Ex. FED-328Phased Resumption of Routine Visa Services (announcement of July 14, 2020)U.S. Department of State, Bureau of Consular AffairsJuly 14, 2020U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)/library/FED-328/exhibit/FED-328
Ex. FED-331General Order 72-4Chief Judge Phyllis J. HamiltonJune 24, 2020Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)/library/FED-331/exhibit/FED-331
Ex. FED-333General Order 72-6Chief Judge Phyllis J. HamiltonSept. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)/library/FED-333/exhibit/FED-333
Ex. FED-334General Order 73 (Amended May 21, 2020)Chief Judge Phyllis J. HamiltonMay 21, 2020Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)/library/FED-334/exhibit/FED-334
Ex. FED-336General Order 77Chief Judge Phyllis J. HamiltonJune 9, 2020Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)/library/FED-336/exhibit/FED-336
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-338General Order 20-0012 (original)Chief Judge Rebecca R. PallmeyerMar. 12, 2020Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)/library/FED-338/exhibit/FED-338
Ex. FED-339Eighth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerNov. 13, 2020Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)/library/FED-339/exhibit/FED-339
Ex. FED-340CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…Congress (Pub. L. 116-136, signed Mar. 27, 2020)Mar. 27, 2020Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)/library/FED-340/exhibit/FED-340
Ex. FED-342Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank SupervisorsApr. 7, 2020Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)/library/FED-342/exhibit/FED-342
Ex. FED-343Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…Bureau of Consumer Financial ProtectionJune 30, 2020Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)/library/FED-343/exhibit/FED-343
Ex. FED-344Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…Bureau of Consumer Financial ProtectionJune 25, 2021Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)/library/FED-344/exhibit/FED-344
Ex. FED-345Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)President Donald J. Trump (Memorandum for the Secretary of Education)Aug. 8, 2020President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)/library/FED-345/exhibit/FED-345
Ex. FED-346FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed MortgagesFederal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie MacMar. 18, 2020Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)/library/FED-346/exhibit/FED-346
Ex. FED-348FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)Federal Housing Finance AgencyJune 17, 2020Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)/library/FED-348/exhibit/FED-348
Ex. FED-349FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)Federal Housing Finance AgencyAug. 27, 2020Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)/library/FED-349/exhibit/FED-349
Ex. FED-350FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)Federal Housing Finance AgencyDec. 2, 2020Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)/library/FED-350/exhibit/FED-350
Ex. FED-353FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…Federal Housing Finance AgencyFeb. 25, 2021Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)/library/FED-353/exhibit/FED-353
Ex. FED-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)/library/FED-354/exhibit/FED-354
Ex. FED-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)/library/FED-355/exhibit/FED-355
Ex. FED-356Mortgagee Letter 2020-04U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)Mar. 18, 2020U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)/library/FED-356/exhibit/FED-356
Ex. FED-359Mortgagee Letter 2020-19HUD, Federal Housing AdministrationJune 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)/library/FED-359
Ex. FED-360Mortgagee Letter 2020-27HUD, Federal Housing AdministrationAug. 27, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)/library/FED-360/exhibit/FED-360
Ex. FED-361Mortgagee Letter 2020-43HUD, Federal Housing AdministrationDec. 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)/library/FED-361/exhibit/FED-361
Ex. FED-362Mortgagee Letter 2021-03HUD, Federal Housing AdministrationJan. 21, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)/library/FED-362/exhibit/FED-362
Ex. FED-363Mortgagee Letter 2021-05HUD, Federal Housing AdministrationFeb. 16, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)/library/FED-363/exhibit/FED-363
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-368Circular 26-20-8VA, Loan Guaranty ServiceMar. 18, 2020VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)/library/FED-368/exhibit/FED-368
Ex. FED-369Circular 26-20-12VA, Loan Guaranty ServiceApr. 8, 2020VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)/library/FED-369/exhibit/FED-369
Ex. FED-371Circular 26-20-22VA, Loan Guaranty ServiceJune 17, 2020VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)/library/FED-371/exhibit/FED-371
Ex. FED-372Circular 26-20-23VA, Loan Guaranty ServiceJune 18, 2020VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)/library/FED-372/exhibit/FED-372
Ex. FED-373Circular 26-20-29VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)/library/FED-373/exhibit/FED-373
Ex. FED-374Circular 26-20-30VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)/library/FED-374/exhibit/FED-374
Ex. FED-375Circular 26-20-40VA, Loan Guaranty ServiceDec. 28, 2020VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)/library/FED-375/exhibit/FED-375
Ex. FED-376Circular 26-21-2VA, Loan Guaranty ServiceJan. 29, 2021VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)/library/FED-376/exhibit/FED-376
Ex. FED-377Circular 26-21-5VA, Loan Guaranty ServiceFeb. 16, 2021VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)/library/FED-377
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-382USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…USDA Rural DevelopmentDec. 28, 2020USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)/library/FED-382
Ex. FED-384USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…USDA Rural Development (with the White House announcement of June 24, 2021)June 24, 2021USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)/library/FED-384
Ex. FED-385USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)July 30, 2021USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)/library/FED-385/exhibit/FED-385
Ex. FED-386Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…Secretary of the Interior David L. BernhardtMar. 22, 2020Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)/library/FED-386/exhibit/FED-386
Ex. FED-387NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…Secretary of the Interior David L. Bernhardt; National Park ServiceMar. 18, 2020Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)/library/FED-387/exhibit/FED-387
Ex. FED-389BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in OregonBureau of Land Management, Oregon/Washington State Office and District ManagersMar. 27, 2020Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)/library/FED-389/exhibit/FED-389
Ex. FED-390Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitorsBureau of ReclamationMar. 17, 2020Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)/library/FED-390/exhibit/FED-390
Ex. FED-391USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment OnlyU.S. Department of Agriculture, Farm Production and Conservation mission areaMar. 23, 2020U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)/library/FED-391
Ex. FED-393USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…U.S. Army Corps of Engineers Headquarters and district commandersMar. 17, 2020U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)/library/FED-393
Ex. FED-396The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…The President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)/library/FED-396/exhibit/FED-396
Ex. FED-398H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)May 15, 2020U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)/library/FED-398/exhibit/FED-398
Ex. FOR-004Government of Canada announcement, 'Easing border measures for fully vaccinated travellers entering Canada: permitting discretionary travel for citizens and…Public Health Agency of Canada (Government of Canada news release)July 19, 2021Public Health Agency of Canada (Government of Canada news release), Government of Canada announcement, 'Easing border measures for fully vaccinated travellers entering Canada: permitting discretionary travel for citizens and permanent residents of the United States' (July 19, 2021) (Ex. FOR-004)/library/FOR-004/exhibit/FOR-004
Ex. FOR-005O. Reg. 82/20, Closure of Places of Non-Essential Businesses (made Mar. 24, 2020, 6:15 p.m.; filed Mar. 24, 2020)Lieutenant Governor in Council (Order under s. 7.0.2(4) of the Emergency Management and Civil Protection Act)Mar. 24, 2020Lieutenant Governor in Council (Order under s. 7.0.2(4) of the Emergency Management and Civil Protection Act), O. Reg. 82/20, Closure of Places of Non-Essential Businesses (made Mar. 24, 2020, 6:15 p.m.; filed Mar. 24, 2020) (Ex. FOR-005)/library/FOR-005/exhibit/FOR-005
Ex. FOR-012Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction on non-essential travel into the EU and the possible lifting of such…Council of the European UnionJune 30, 2020Council of the European Union, Council Recommendation (EU) 2020/912 of 30 June 2020 on the temporary restriction on non-essential travel into the EU and the possible lifting of such restriction (OJ L 208, 1.7.2020) (June 30, 2020) (Ex. FOR-012)/library/FOR-012/exhibit/FOR-012
Ex. FOR-013Council Recommendation (EU) 2021/892 of 18 June 2021 amending Recommendation (EU) 2020/912 (adding the United States to Annex I), as described in the Council…Council of the European Union (press release describing Council Recommendation (EU) 2021/892 of 18 June 2021)June 18, 2021Council of the European Union (press release describing Council Recommendation (EU) 2021/892 of 18 June 2021), Council Recommendation (EU) 2021/892 of 18 June 2021 amending Recommendation (EU) 2020/912 (adding the United States to Annex I), as described in the Council press release of June 18, 2021 (Ex. FOR-013)/library/FOR-013/exhibit/FOR-013
Ex. HI-023Twenty-First Proclamation Related to the COVID-19 EmergencyGovernor David Y. IgeJune 7, 2021Governor David Y. Ige, Twenty-First Proclamation Related to the COVID-19 Emergency (June 7, 2021) (Ex. HI-023)/library/HI-023/exhibit/HI-023
Ex. HI-024Emergency Proclamation Related to the COVID-19 ResponseGovernor David Y. IgeAug. 5, 2021Governor David Y. Ige, Emergency Proclamation Related to the COVID-19 Response (Aug. 5, 2021) (Ex. HI-024)/library/HI-024/exhibit/HI-024
Ex. IL-037Executive Order 2021-12 (COVID-19 Executive Order No. 81)Governor JB PritzkerJune 11, 2021Governor JB Pritzker, Executive Order 2021-12 (COVID-19 Executive Order No. 81) (June 11, 2021) (Ex. IL-037)/library/IL-037/exhibit/IL-037
Ex. KY-017Executive Order 2020-323Governor Andy BeshearMay 8, 2020Governor Andy Beshear, Executive Order 2020-323 (May 8, 2020) (Ex. KY-017)/library/KY-017/exhibit/KY-017
Ex. LA-036Proclamation 137 JBE 2021Governor John Bel EdwardsAug. 2, 2021Governor John Bel Edwards, Proclamation 137 JBE 2021 (Aug. 2, 2021) (Ex. LA-036)/library/LA-036/exhibit/LA-036
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)/library/LAW-001/exhibit/LAW-001
Ex. LAW-002Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…United States CongressDec. 27, 2020United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)/library/LAW-002/exhibit/LAW-002
Ex. LAW-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)/library/LAW-003/exhibit/LAW-003
Ex. LAW-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)/library/LAW-004/exhibit/LAW-004
Ex. LAW-101Notice 2021-20, 2021-11 I.R.B. 922Internal Revenue ServiceMar. 15, 2021Internal Revenue Service, Notice 2021-20, 2021-11 I.R.B. 922 (Mar. 15, 2021) (Ex. LAW-101)/library/LAW-101/exhibit/LAW-101
Ex. LAW-106AM 2023-005 (Office of Chief Counsel generic legal advice memorandum, June 30, 2023; released July 21, 2023), Not published in the I.R.B.; POSTN-113151-23, p. 1Internal Revenue ServiceJune 30, 2023Internal Revenue Service, AM 2023-005 (Office of Chief Counsel generic legal advice memorandum, June 30, 2023; released July 21, 2023), Not published in the I.R.B.; POSTN-113151-23, p. 1 (Ex. LAW-106)/library/LAW-106/exhibit/LAW-106
Ex. LAW-107IRS FAQs index page (April 29, 2020 version), IRS.gov, Page Last Reviewed or Updated: 29-Apr-2020 (Wayback capture 20200506041613)Internal Revenue ServiceApr. 29, 2020Internal Revenue Service, IRS FAQs index page (April 29, 2020 version), IRS.gov, Page Last Reviewed or Updated: 29-Apr-2020 (Wayback capture 20200506041613) (Apr. 29, 2020) (Ex. LAW-107)/library/LAW-107/exhibit/LAW-107
Ex. LAW-136IRS FAQs (as revised June 19, 2020; Wayback capture January 15, 2021), IRS.gov suspension FAQ page as captured 20210115231138Internal Revenue ServiceJan. 15, 2021Internal Revenue Service, IRS FAQs (as revised June 19, 2020; Wayback capture January 15, 2021), IRS.gov suspension FAQ page as captured 20210115231138 (Jan. 15, 2021) (Ex. LAW-136)/library/LAW-136/exhibit/LAW-136
Ex. LAW-143AM 2023-007 (Office of Chief Counsel generic legal advice memorandum, October 18, 2023; released November 3, 2023), POSTN-117042-23, p. 1 n.1Internal Revenue ServiceOct. 18, 2023Internal Revenue Service, AM 2023-007 (Office of Chief Counsel generic legal advice memorandum, October 18, 2023; released November 3, 2023), POSTN-117042-23, p. 1 n.1 (Oct. 18, 2023) (Ex. LAW-143)/library/LAW-143/exhibit/LAW-143
Ex. LAW-146IRS FAQs (April 29, 2020 version), reliance disclaimer carried on every FAQ page, Not published in the I.R.B.; IRS.gov FAQ pages 'Page Last Reviewed or Updated…Internal Revenue ServiceApr. 29, 2020Internal Revenue Service, IRS FAQs (April 29, 2020 version), reliance disclaimer carried on every FAQ page, Not published in the I.R.B.; IRS.gov FAQ pages 'Page Last Reviewed or Updated: 29-Apr-2020' (Wayback captures; LAW-146 capture 20200518213826; LAW-107 index capture 20200506041613) (Apr. 29, 2020) (Ex. LAW-146)/library/LAW-146/exhibit/LAW-146
Ex. LAW-203Ballotpedia, Executive orders issued by governors and state agencies in response to the coronavirus (COVID-19) pandemic, 2020 (CSG data; 2,065 orders)BallotpediaJune 29, 2020Ballotpedia, Ballotpedia, Executive orders issued by governors and state agencies in response to the coronavirus (COVID-19) pandemic, 2020 (CSG data; 2,065 orders) (June 29, 2020) (Ex. LAW-203)/library/LAW-203/exhibit/LAW-203
Ex. LAW-230KFF, State Social Distancing Actions, 2020-06-30 fileKFFJune 30, 2020KFF, KFF, State Social Distancing Actions, 2020-06-30 file (Ex. LAW-230)/library/LAW-230/exhibit/LAW-230
Ex. MET-BOS-013Order Requiring Face Coverings in the City of BostonBoston Public Health Commission, Interim Executive Director Rita NievesAug. 20, 2021Boston Public Health Commission, Interim Executive Director Rita Nieves, Order Requiring Face Coverings in the City of Boston (Aug. 20, 2021) (Ex. MET-BOS-013)/library/MET-BOS-013/exhibit/MET-BOS-013
Ex. MET-CHI-026Public Health Order No. 2021-1Commissioner of Health of the City of Chicago (Allison Arwady, M.D.)Aug. 20, 2021Commissioner of Health of the City of Chicago (Allison Arwady, M.D.), Public Health Order No. 2021-1 (Aug. 20, 2021) (Ex. MET-CHI-026)/library/MET-CHI-026/exhibit/MET-CHI-026
Ex. MET-LA-018Responding Together at Work and in the Community, Beyond the Blueprint, Substantial Transmission (Issue Date July 16, 2021; effective 11:59 p.m. July 17, 2021)County of Los Angeles Health OfficerJuly 16, 2021County of Los Angeles Health Officer, Responding Together at Work and in the Community, Beyond the Blueprint, Substantial Transmission (Issue Date July 16, 2021; effective 11:59 p.m. July 17, 2021) (Ex. MET-LA-018)/library/MET-LA-018/exhibit/MET-LA-018
Ex. MET-PHL-019Amendment to the Full Reopening Order (Additional Masking Requirements) - the Aug. 12, 2021 indoor mask mandateMayor James F. Kenney and Acting Health Commissioner Cheryl Bettigole, MD, MPHAug. 11, 2021Mayor James F. Kenney and Acting Health Commissioner Cheryl Bettigole, MD, MPH, Amendment to the Full Reopening Order (Additional Masking Requirements) - the Aug. 12, 2021 indoor mask mandate (Aug. 11, 2021) (Ex. MET-PHL-019)/library/MET-PHL-019/exhibit/MET-PHL-019
Ex. MET-SFO-071Joint press release, 'Bay Area Health Officials Urge Immediate Vaccination and Issue Orders Requiring Use of Face Coverings Indoors to Prevent the Spread of…Health Officers of the eight jurisdictions (joint release issued by the Alameda County Public Health Department)Aug. 2, 2021Health Officers of the eight jurisdictions (joint release issued by the Alameda County Public Health Department), Joint press release, 'Bay Area Health Officials Urge Immediate Vaccination and Issue Orders Requiring Use of Face Coverings Indoors to Prevent the Spread of COVID-19' (Aug. 2, 2021) (Ex. MET-SFO-071)/library/MET-SFO-071/exhibit/MET-SFO-071
Ex. MI-011Executive Order 2020-21Governor Gretchen WhitmerMar. 23, 2020Governor Gretchen Whitmer, Executive Order 2020-21 (Mar. 23, 2020) (Ex. MI-011)/library/MI-011/exhibit/MI-011
Ex. MI-0562020 PA 236Michigan Legislature (2020 PA 236, approved by the Governor)Oct. 22, 2020Michigan Legislature (2020 PA 236, approved by the Governor), 2020 PA 236 (Oct. 22, 2020) (Ex. MI-056)/library/MI-056/exhibit/MI-056
Ex. MI-076MDHHS Rescission of Emergency Orders (June 17, 2021)Michigan Department of Health and Human Services (Director Elizabeth Hertel)June 17, 2021Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Rescission of Emergency Orders (June 17, 2021) (Ex. MI-076)/library/MI-076/exhibit/MI-076
Ex. MN-038Emergency Executive Order 21-21, Safely Sunsetting COVID-19 Public Health Restrictions; Amending Emergency Executive Orders 20-55, 20-81 and 21-11 (May 6, 2021)Governor Tim WalzMay 6, 2021Governor Tim Walz, Emergency Executive Order 21-21, Safely Sunsetting COVID-19 Public Health Restrictions; Amending Emergency Executive Orders 20-55, 20-81 and 21-11 (May 6, 2021) (Ex. MN-038)/library/MN-038/exhibit/MN-038
Ex. NM-067Public Health Emergency Order of August 17, 2021 (indoor mask mandate reinstated for all persons)Acting Secretary of Health David R. Scrase, M.D.Aug. 17, 2021Acting Secretary of Health David R. Scrase, M.D, Public Health Emergency Order of August 17, 2021 (indoor mask mandate reinstated for all persons) (Aug. 17, 2021) (Ex. NM-067)/library/NM-067/exhibit/NM-067
Ex. NV-004Declaration of Emergency Directive 003Governor Steve SisolakMar. 20, 2020Governor Steve Sisolak, Declaration of Emergency Directive 003 (Mar. 20, 2020) (Ex. NV-004)/library/NV-004/exhibit/NV-004
Ex. NV-041Declaration of Emergency Directive 047Governor Steve SisolakJuly 27, 2021Governor Steve Sisolak, Declaration of Emergency Directive 047 (July 27, 2021) (Ex. NV-041)/library/NV-041/exhibit/NV-041
Ex. NY-002Executive Order No. 202.8 (Mar. 20, 2020)Governor Andrew M. CuomoMar. 20, 2020Governor Andrew M. Cuomo, Executive Order No. 202.8 (Mar. 20, 2020) (Ex. NY-002)/library/NY-002/exhibit/NY-002
Ex. NY-003Executive Order No. 202.6Governor Andrew M. CuomoMar. 18, 2020Governor Andrew M. Cuomo, Executive Order No. 202.6 (Mar. 18, 2020) (Ex. NY-003)/library/NY-003/exhibit/NY-003
Ex. OH-019Director's Stay Safe Ohio OrderAmy Acton, MD, MPH, Director, Ohio Department of HealthApr. 30, 2020Amy Acton, MD, MPH, Director, Ohio Department of Health, Director's Stay Safe Ohio Order (Apr. 30, 2020) (Ex. OH-019)/library/OH-019/exhibit/OH-019
Ex. OR-043Executive Order 21-15Governor Kate BrownJune 25, 2021Governor Kate Brown, Executive Order 21-15 (June 25, 2021) (Ex. OR-043)/library/OR-043/exhibit/OR-043
Ex. OR-048OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022)Oregon Health Authority, Public Health DivisionAug. 11, 2021Oregon Health Authority, Public Health Division, OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022) (Aug. 11, 2021) (Ex. OR-048)/library/OR-048/exhibit/OR-048
Ex. PA-002Order of the Governor Regarding the Closure of All Businesses That Are Not Life Sustaining (Mar. 19, 2020), sec. 1 and sec. 2Governor Tom Wolf; Secretary of Health Rachel LevineMar. 19, 2020Governor Tom Wolf; Secretary of Health Rachel Levine, Order of the Governor Regarding the Closure of All Businesses That Are Not Life Sustaining (Mar. 19, 2020), sec. 1 and sec. 2 (Ex. PA-002)/library/PA-002/exhibit/PA-002
Ex. PA-003Order of the Secretary of the Pennsylvania Department of Health Regarding the Closure of All Businesses That Are Not Life SustainingSecretary of Health Rachel Levine, M.D.Mar. 19, 2020Secretary of Health Rachel Levine, M.D, Order of the Secretary of the Pennsylvania Department of Health Regarding the Closure of All Businesses That Are Not Life Sustaining (Mar. 19, 2020) (Ex. PA-003)/library/PA-003/exhibit/PA-003
Ex. PA-035Amendment to the Order of the Governor for Mitigation, Enforcement, and Immunity Protections (gatherings 50%/75%; sunset 12:01 a.m. May 31, 2021)Governor Tom WolfMay 13, 2021Governor Tom Wolf, Amendment to the Order of the Governor for Mitigation, Enforcement, and Immunity Protections (gatherings 50%/75%; sunset 12:01 a.m. May 31, 2021) (May 13, 2021) (Ex. PA-035)/library/PA-035/exhibit/PA-035
Ex. SEC-10-001Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19President (Executive Order 13909)Mar. 18, 2020President (Executive Order 13909), Executive Order 13909, Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19 (Mar. 18, 2020) (Ex. SEC-10-001)/library/SEC-10-001/exhibit/SEC-10-001
Ex. SEC-10-002Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19President (Executive Order 13910)Mar. 23, 2020President (Executive Order 13910), Executive Order 13910, Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 23, 2020) (Ex. SEC-10-002)/library/SEC-10-002/exhibit/SEC-10-002
Ex. SEC-10-003Executive Order 13911, Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of…President (Executive Order 13911)Mar. 27, 2020President (Executive Order 13911), Executive Order 13911, Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19 (Mar. 27, 2020) (Ex. SEC-10-003)/library/SEC-10-003/exhibit/SEC-10-003
Ex. SEC-10-004Temporary final rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328Federal Emergency Management Agency, DHSApr. 10, 2020Federal Emergency Management Agency, DHS, Temporary final rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 44 C.F.R. part 328 (Apr. 10, 2020) (Ex. SEC-10-004)/library/SEC-10-004/exhibit/SEC-10-004
Ex. SEC-10-005Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by…President (Executive Order 13917)Apr. 28, 2020President (Executive Order 13917), Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19 (Apr. 28, 2020) (Ex. SEC-10-005)/library/SEC-10-005/exhibit/SEC-10-005
Ex. SEC-10-006Executive Order 13944, Combating Public Health Emergencies and Strengthening National Security by Ensuring Essential Medicines, Medical Countermeasures, and…President (Executive Order 13944)Aug. 6, 2020President (Executive Order 13944), Executive Order 13944, Combating Public Health Emergencies and Strengthening National Security by Ensuring Essential Medicines, Medical Countermeasures, and Critical Inputs Are Made in the United States (Aug. 6, 2020) (Ex. SEC-10-006)/library/SEC-10-006/exhibit/SEC-10-006
Ex. SEC-10-007Final rule, Emergency Management Priorities and Allocations System (EMPAS), 44 C.F.R. part 333FEMA, DHSMay 13, 2020FEMA, DHS, Final rule, Emergency Management Priorities and Allocations System (EMPAS), 44 C.F.R. part 333 (May 13, 2020) (Ex. SEC-10-007)/library/SEC-10-007/exhibit/SEC-10-007
Ex. SEC-10-008Temporary final rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use (extension with modifications)FEMA, DHSAug. 10, 2020FEMA, DHS, Temporary final rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use (extension with modifications) (Aug. 10, 2020) (Ex. SEC-10-008)/library/SEC-10-008/exhibit/SEC-10-008
Ex. SEC-10-009Temporary final rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use (second extension)FEMA, DHSDec. 31, 2020FEMA, DHS, Temporary final rule, Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use (second extension) (Dec. 31, 2020) (Ex. SEC-10-009)/library/SEC-10-009/exhibit/SEC-10-009
Ex. SEC-10-010Memorandum on Order Under the Defense Production Act Regarding General Motors CompanyPresident (Memorandum for the Secretary of HHS)Mar. 27, 2020President (Memorandum for the Secretary of HHS), Memorandum on Order Under the Defense Production Act Regarding General Motors Company (Mar. 27, 2020) (Ex. SEC-10-010)/library/SEC-10-010/exhibit/SEC-10-010
Ex. SEC-10-011Memorandum on Order Under the Defense Production Act Regarding 3M CompanyPresident (Memorandum for the Secretary of Homeland Security)Apr. 2, 2020President (Memorandum for the Secretary of Homeland Security), Memorandum on Order Under the Defense Production Act Regarding 3M Company (Apr. 2, 2020) (Ex. SEC-10-011)/library/SEC-10-011/exhibit/SEC-10-011
Ex. SEC-10-012Memorandum on Order Under the Defense Production Act Regarding the Purchase of VentilatorsPresident (Memorandum for the Secretary of HHS)Apr. 2, 2020President (Memorandum for the Secretary of HHS), Memorandum on Order Under the Defense Production Act Regarding the Purchase of Ventilators (Apr. 2, 2020) (Ex. SEC-10-012)/library/SEC-10-012/exhibit/SEC-10-012
Ex. SEC-10-013Memorandum on Allocating Certain Scarce or Threatened Health and Medical Resources to Domestic UsePresident (Memorandum for the Secretaries of HHS and Homeland Security)Apr. 3, 2020President (Memorandum for the Secretaries of HHS and Homeland Security), Memorandum on Allocating Certain Scarce or Threatened Health and Medical Resources to Domestic Use (Apr. 3, 2020) (Ex. SEC-10-013)/library/SEC-10-013/exhibit/SEC-10-013
Ex. SEC-10-014National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-01 (CPL-03)OSHA, U.S. Department of LaborMar. 12, 2021OSHA, U.S. Department of Labor, National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-01 (CPL-03) (Mar. 12, 2021) (Ex. SEC-10-014)/library/SEC-10-014/exhibit/SEC-10-014
Ex. SEC-10-015Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-03 (CPL 03)OSHA, U.S. Department of LaborJuly 7, 2021OSHA, U.S. Department of Labor, Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-03 (CPL 03) (July 7, 2021) (Ex. SEC-10-015)/library/SEC-10-015/exhibit/SEC-10-015
Ex. SEC-10-020Executive Order No. 122Governor Philip D. MurphyApr. 8, 2020Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-10-020)/library/SEC-10-020/exhibit/SEC-10-020
Ex. SEC-10-021Executive Order No. 192Governor Philip D. MurphyOct. 28, 2020Governor Philip D. Murphy, Executive Order No. 192 (Oct. 28, 2020) (Ex. SEC-10-021)/library/SEC-10-021/exhibit/SEC-10-021
Ex. SEC-10-022Executive Order No. 243Governor Philip D. MurphyMay 26, 2021Governor Philip D. Murphy, Executive Order No. 243 (May 26, 2021) (Ex. SEC-10-022)/library/SEC-10-022/exhibit/SEC-10-022
Ex. SEC-10-023Executive Order No. 107Governor Philip D. MurphyMar. 21, 2020Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-10-023)/library/SEC-10-023/exhibit/SEC-10-023
Ex. SEC-10-024Ballotpedia, Documenting Michigan's path to recovery from the coronavirus (COVID-19) pandemic, 2020-2021 (secondary chronology)Ballotpedia (secondary source) recording MIOSHA and Governor actionsJune 22, 2021Ballotpedia (secondary source) recording MIOSHA and Governor actions, Ballotpedia, Documenting Michigan's path to recovery from the coronavirus (COVID-19) pandemic, 2020-2021 (secondary chronology) (June 22, 2021) (Ex. SEC-10-024)/library/SEC-10-024/exhibit/SEC-10-024
Ex. SEC-10-026Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential business guidance)Empire State Development (guidance issued under EO 202.6)May 31, 2020Empire State Development (guidance issued under EO 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential business guidance) (May 31, 2020) (Ex. SEC-10-026)/library/SEC-10-026/exhibit/SEC-10-026
Ex. SEC-10-028NYS DOL, NY HERO Act page (Sept. 6, 2021 snapshot) publishing the Airborne Infectious Disease Exposure Prevention Standard and model plansNew York State Department of LaborJuly 6, 2021New York State Department of Labor, NYS DOL, NY HERO Act page (Sept. 6, 2021 snapshot) publishing the Airborne Infectious Disease Exposure Prevention Standard and model plans (July 6, 2021) (Ex. SEC-10-028)/library/SEC-10-028/exhibit/SEC-10-028
Ex. SEC-10-029S.1034-B (HERO Act), enacted May 5, 2021 as L. 2021, ch. 105; amended by ch. 145 (June 11, 2021)New York State Legislature; Governor (L. 2021, ch. 105)May 5, 2021New York State Legislature; Governor (L. 2021, ch. 105), S.1034-B (HERO Act), enacted May 5, 2021 as L. 2021, ch. 105; amended by ch. 145 (June 11, 2021) (Ex. SEC-10-029)/library/SEC-10-029/exhibit/SEC-10-029
Ex. SEC-10-031Designation of COVID-19 as a highly contagious communicable disease under the HERO Act (Sept. 6, 2021), as reported on the DOL HERO Act page (Sept. 8, 2021…New York State Department of Labor (reporting the Commissioner of Health's designation)Sept. 6, 2021New York State Department of Labor (reporting the Commissioner of Health's designation), Designation of COVID-19 as a highly contagious communicable disease under the HERO Act (Sept. 6, 2021), as reported on the DOL HERO Act page (Sept. 8, 2021 snapshot) (Ex. SEC-10-031)/library/SEC-10-031/exhibit/SEC-10-031
Ex. SEC-10-034Executive Order 2020-10 (COVID-19 Executive Order No. 8)Governor J.B. PritzkerMar. 20, 2020Governor J.B. Pritzker, Executive Order 2020-10 (COVID-19 Executive Order No. 8) (Mar. 20, 2020) (Ex. SEC-10-034)/library/SEC-10-034/exhibit/SEC-10-034
Ex. SEC-10-035Executive Order 2020-32 (COVID-19 Executive Order No. 30)Governor J.B. PritzkerApr. 30, 2020Governor J.B. Pritzker, Executive Order 2020-32 (COVID-19 Executive Order No. 30) (Apr. 30, 2020) (Ex. SEC-10-035)/library/SEC-10-035/exhibit/SEC-10-035
Ex. SEC-10-036Executive Order 2021-20 (COVID-19 Executive Order No. 87)Governor J.B. PritzkerAug. 26, 2021Governor J.B. Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. SEC-10-036)/library/SEC-10-036/exhibit/SEC-10-036
Ex. SEC-10-037Executive Order 2020-43 (COVID-19 Executive Order No. 41)Governor J.B. PritzkerJune 26, 2020Governor J.B. Pritzker, Executive Order 2020-43 (COVID-19 Executive Order No. 41) (June 26, 2020) (Ex. SEC-10-037)/library/SEC-10-037/exhibit/SEC-10-037
Ex. SEC-10-038Executive Order 2020-73 (COVID-19 Executive Order No. 69)Governor J.B. PritzkerNov. 17, 2020Governor J.B. Pritzker, Executive Order 2020-73 (COVID-19 Executive Order No. 69) (Nov. 17, 2020) (Ex. SEC-10-038)/library/SEC-10-038/exhibit/SEC-10-038
Ex. SEC-10-039Title 8, California Code of Regulations, § 3205 COVID-19 Prevention (DIR page as archived June 23, 2021, linking the June 17, 2021 readoption text)Cal/OSHA; Occupational Safety and Health Standards Board (DIR title 8 page)Nov. 30, 2020Cal/OSHA; Occupational Safety and Health Standards Board (DIR title 8 page), Title 8, California Code of Regulations, § 3205 COVID-19 Prevention (DIR page as archived June 23, 2021, linking the June 17, 2021 readoption text) (Nov. 30, 2020) (Ex. SEC-10-039)/library/SEC-10-039/exhibit/SEC-10-039
Ex. SEC-10-041COVID-19 Prevention Emergency Temporary Standards, 8 CCR §§ 3205, 3205.1, 3205.2, 3205.3, 3205.4, readoption approved text (June 17, 2021)Occupational Safety and Health Standards Board; Cal/OSHAJune 17, 2021Occupational Safety and Health Standards Board; Cal/OSHA, COVID-19 Prevention Emergency Temporary Standards, 8 CCR §§ 3205, 3205.1, 3205.2, 3205.3, 3205.4, readoption approved text (June 17, 2021) (Ex. SEC-10-041)/library/SEC-10-041/exhibit/SEC-10-041
Ex. SEC-10-04216VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19Virginia Safety and Health Codes Board; Department of Labor and IndustryJuly 27, 2020Virginia Safety and Health Codes Board; Department of Labor and Industry, 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 27, 2020) (Ex. SEC-10-042)/library/SEC-10-042/exhibit/SEC-10-042
Ex. SEC-10-04316VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (chapter text as of Sept. 28, 2021, with…Virginia Safety and Health Codes BoardJan. 27, 2021Virginia Safety and Health Codes Board, 16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (chapter text as of Sept. 28, 2021, with derivation and amendment history) (Jan. 27, 2021) (Ex. SEC-10-043)/library/SEC-10-043/exhibit/SEC-10-043
Ex. SEC-10-044Emergency Executive Order 20-40Governor Tim WalzApr. 23, 2020Governor Tim Walz, Emergency Executive Order 20-40 (Apr. 23, 2020) (Ex. SEC-10-044)/library/SEC-10-044/exhibit/SEC-10-044
Ex. SEC-10-045Emergency Executive Order 20-56Governor Tim WalzMay 13, 2020Governor Tim Walz, Emergency Executive Order 20-56 (May 13, 2020) (Ex. SEC-10-045)/library/SEC-10-045/exhibit/SEC-10-045
Ex. SEC-10-046Sector-Specific Workplace Safety Standards for Manufacturing to Address COVID-19 (Phase I), with checklistGovernor Charles D. Baker; Department of Public Health; Executive Office of Housing and Economic DevelopmentMay 18, 2020Governor Charles D. Baker; Department of Public Health; Executive Office of Housing and Economic Development, Sector-Specific Workplace Safety Standards for Manufacturing to Address COVID-19 (Phase I), with checklist (May 18, 2020) (Ex. SEC-10-046)/library/SEC-10-046/exhibit/SEC-10-046
Ex. SEC-10-048Director's Stay Safe Ohio OrderDr. Amy Acton, Director, Ohio Department of HealthApr. 30, 2020Dr. Amy Acton, Director, Ohio Department of Health, Director's Stay Safe Ohio Order (Apr. 30, 2020) (Ex. SEC-10-048)/library/SEC-10-048/exhibit/SEC-10-048
Ex. SEC-10-050Executive Order 2020-257 (Healthy at Home)Governor Andy BeshearMar. 25, 2020Governor Andy Beshear, Executive Order 2020-257 (Healthy at Home) (Mar. 25, 2020) (Ex. SEC-10-050)/library/SEC-10-050/exhibit/SEC-10-050
Ex. SEC-10-051Healthy at Work Requirements for Manufacturing, Distribution, and Supply Chain Businesses, Version 1.2Cabinet for Health and Family Services; Governor (Healthy at Work)May 11, 2020Cabinet for Health and Family Services; Governor (Healthy at Work), Healthy at Work Requirements for Manufacturing, Distribution, and Supply Chain Businesses, Version 1.2 (May 11, 2020) (Ex. SEC-10-051)/library/SEC-10-051/exhibit/SEC-10-051
Ex. SEC-10-053CHFS Order of May 9, 2020 and Healthy at Work Minimum Requirements (Version 1.1, effective May 9, 2020)Cabinet for Health and Family Services (Secretary Eric Friedlander) at the direction of the GovernorMay 9, 2020Cabinet for Health and Family Services (Secretary Eric Friedlander) at the direction of the Governor, CHFS Order of May 9, 2020 and Healthy at Work Minimum Requirements (Version 1.1, effective May 9, 2020) (Ex. SEC-10-053)/library/SEC-10-053/exhibit/SEC-10-053
Ex. SEC-10-054Administrative Order 3-2020, Temporary Rule Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces, OAR 437-001-0744Oregon OSHA, Department of Consumer and Business ServicesNov. 6, 2020Oregon OSHA, Department of Consumer and Business Services, Administrative Order 3-2020, Temporary Rule Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces, OAR 437-001-0744 (Nov. 6, 2020) (Ex. SEC-10-054)/library/SEC-10-054/exhibit/SEC-10-054
Ex. SEC-10-055Administrative Order 2-2021, Rule Addressing COVID-19 Workplace Risks (permanent), OAR 437-001-0744Oregon OSHAMay 4, 2021Oregon OSHA, Administrative Order 2-2021, Rule Addressing COVID-19 Workplace Risks (permanent), OAR 437-001-0744 (May 4, 2021) (Ex. SEC-10-055)/library/SEC-10-055/exhibit/SEC-10-055
Ex. SEC-10-056Administrative Order 10-2021, Renewed Masking Requirements in Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces (amending OAR…Oregon OSHAAug. 13, 2021Oregon OSHA, Administrative Order 10-2021, Renewed Masking Requirements in Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces (amending OAR 437-001-0744) (Aug. 13, 2021) (Ex. SEC-10-056)/library/SEC-10-056/exhibit/SEC-10-056
Ex. SEC-10-057Administrative Order 12-2021, Medical Relief Benefits in Rules Addressing the COVID-19 Public Health Emergency in All Workplaces (amending OAR 437-001-0744)Oregon OSHASept. 14, 2021Oregon OSHA, Administrative Order 12-2021, Medical Relief Benefits in Rules Addressing the COVID-19 Public Health Emergency in All Workplaces (amending OAR 437-001-0744) (Sept. 14, 2021) (Ex. SEC-10-057)/library/SEC-10-057/exhibit/SEC-10-057
Ex. SEC-10-070Order of the Secretary of Health 20-03.7 (Feb. 16, 2022) amending Order 20-03, reciting 20-03.4 (Aug. 19, 2021), 20-03.5 (Sept. 13, 2021) and 20-03.6 (Sept. 24…Secretary of Health Umair A. ShahFeb. 16, 2022Secretary of Health Umair A. Shah, Order of the Secretary of Health 20-03.7 (Feb. 16, 2022) amending Order 20-03, reciting 20-03.4 (Aug. 19, 2021), 20-03.5 (Sept. 13, 2021) and 20-03.6 (Sept. 24, 2021) (Ex. SEC-10-070)/library/SEC-10-070/exhibit/SEC-10-070
Ex. SEC-10-GM-001NAIAS 2020 Cancellation Notice DADADetroit Auto Dealers Association (DADA)Mar. 28, 2020Detroit Auto Dealers Association (DADA), NAIAS 2020 Cancellation Notice DADA (Mar. 28, 2020) (Ex. SEC-10-GM-001)/library/SEC-10-GM-001/exhibit/SEC-10-GM-001
Ex. SEC-10-GM-002Land Line MATS 2020 Canceled secondaryExhibit Management Associates, Inc.Mar. 12, 2020Exhibit Management Associates, Inc, Land Line MATS 2020 Canceled secondary (Mar. 12, 2020) (Ex. SEC-10-GM-002)/library/SEC-10-GM-002/exhibit/SEC-10-GM-002
Ex. SEC-10-GM-003OTC 2020 Houston Postponed ReleaseOffshore Technology Conference (sponsoring societies led by SPE)Mar. 13, 2020Offshore Technology Conference (sponsoring societies led by SPE), OTC 2020 Houston Postponed Release (Mar. 13, 2020) (Ex. SEC-10-GM-003)/library/SEC-10-GM-003/exhibit/SEC-10-GM-003
Ex. SEC-10-GM-004OTC 2020 Houston Cancelled ReleaseOffshore Technology Conference (sponsoring societies led by SPE)Apr. 2, 2020Offshore Technology Conference (sponsoring societies led by SPE), OTC 2020 Houston Cancelled Release (Apr. 2, 2020) (Ex. SEC-10-GM-004)/library/SEC-10-GM-004/exhibit/SEC-10-GM-004
Ex. SEC-10-GM-005OTC 2021 Postponed to August ReleaseOffshore Technology Conference (sponsoring societies led by SPE)Nov. 16, 2020Offshore Technology Conference (sponsoring societies led by SPE), OTC 2021 Postponed to August Release (Nov. 16, 2020) (Ex. SEC-10-GM-005)/library/SEC-10-GM-005/exhibit/SEC-10-GM-005
Ex. SEC-10-GM-006NBAA Cancels 2020 NBAA BACE ReleaseNational Business Aviation Association (NBAA)July 1, 2020National Business Aviation Association (NBAA), NBAA Cancels 2020 NBAA BACE Release (July 1, 2020) (Ex. SEC-10-GM-006)/library/SEC-10-GM-006/exhibit/SEC-10-GM-006
Ex. SEC-10-GM-007World of Concrete 2021 June Las Vegas ReleaseInforma MarketsJune 16, 2021Informa Markets, World of Concrete 2021 June Las Vegas Release (June 16, 2021) (Ex. SEC-10-GM-007)/library/SEC-10-GM-007/exhibit/SEC-10-GM-007
Ex. SEC-10-GM-008PMMI PACK EXPO International 2020 Canceled ReleasePMMI, The Association for Packaging and Processing TechnologiesAug. 6, 2020PMMI, The Association for Packaging and Processing Technologies, PMMI PACK EXPO International 2020 Canceled Release (Aug. 6, 2020) (Ex. SEC-10-GM-008)/library/SEC-10-GM-008/exhibit/SEC-10-GM-008
Ex. SEC-10-GM-009EAA AirVenture 2020 Cancellation Rollover NoticeExperimental Aircraft Association (EAA)May 1, 2020Experimental Aircraft Association (EAA), EAA AirVenture 2020 Cancellation Rollover Notice (May 1, 2020) (Ex. SEC-10-GM-009)/library/SEC-10-GM-009/exhibit/SEC-10-GM-009
Ex. SEC-10-GM-010AWFS Fair 2021 Las Vegas Held Education RecapAssociation of Woodworking & Furnishings Suppliers (AWFS)Aug. 19, 2021Association of Woodworking & Furnishings Suppliers (AWFS), AWFS Fair 2021 Las Vegas Held Education Recap (Aug. 19, 2021) (Ex. SEC-10-GM-010)/library/SEC-10-GM-010/exhibit/SEC-10-GM-010
Ex. SEC-10-GM-011Land Line MATS 2021 Rescheduled to March 2022 secondaryExhibit Management Associates, Inc.Feb. 16, 2021Exhibit Management Associates, Inc, Land Line MATS 2021 Rescheduled to March 2022 secondary (Feb. 16, 2021) (Ex. SEC-10-GM-011)/library/SEC-10-GM-011/exhibit/SEC-10-GM-011
Ex. SEC-10-GM-012PMMI PACK EXPO Connects Virtual Expansion ReleasePMMI, The Association for Packaging and Processing TechnologiesSept. 1, 2020PMMI, The Association for Packaging and Processing Technologies, PMMI PACK EXPO Connects Virtual Expansion Release (Sept. 1, 2020) (Ex. SEC-10-GM-012)/library/SEC-10-GM-012/exhibit/SEC-10-GM-012
Ex. SEC-10-GM-013SEMA Statement 2020 SEMA Show CancelledSpecialty Equipment Market Association (SEMA)Aug. 5, 2020Specialty Equipment Market Association (SEMA), SEMA Statement 2020 SEMA Show Cancelled (Aug. 5, 2020) (Ex. SEC-10-GM-013)/library/SEC-10-GM-013/exhibit/SEC-10-GM-013
Ex. SEC-10-GM-014SEMA Safety Requirements 2020 SEMA ShowSpecialty Equipment Market Association (SEMA)July 16, 2020Specialty Equipment Market Association (SEMA), SEMA Safety Requirements 2020 SEMA Show (July 16, 2020) (Ex. SEC-10-GM-014)/library/SEC-10-GM-014/exhibit/SEC-10-GM-014
Ex. SEC-10-GM-015SEMA SEMA360 eMarketplace AnnouncementSpecialty Equipment Market Association (SEMA)Aug. 27, 2020Specialty Equipment Market Association (SEMA), SEMA SEMA360 eMarketplace Announcement (Aug. 27, 2020) (Ex. SEC-10-GM-015)/library/SEC-10-GM-015/exhibit/SEC-10-GM-015
Ex. SEC-10-GM-016Military com NSSF Cancels 2021 SHOT Show secondaryNational Shooting Sports Foundation (NSSF)Oct. 30, 2020National Shooting Sports Foundation (NSSF), Military com NSSF Cancels 2021 SHOT Show secondary (Oct. 30, 2020) (Ex. SEC-10-GM-016)/library/SEC-10-GM-016/exhibit/SEC-10-GM-016
Ex. SEC-10-GM-017International Mining MINExpo 2020 Postponed secondaryNational Mining Association (NMA)May 13, 2020National Mining Association (NMA), International Mining MINExpo 2020 Postponed secondary (May 13, 2020) (Ex. SEC-10-GM-017)/library/SEC-10-GM-017/exhibit/SEC-10-GM-017
Ex. SEC-10-GM-018gCaptain International WorkBoat Show 2020 Cancelled secondaryDiversified Communications (WorkBoat)Oct. 8, 2020Diversified Communications (WorkBoat), gCaptain International WorkBoat Show 2020 Cancelled secondary (Oct. 8, 2020) (Ex. SEC-10-GM-018)/library/SEC-10-GM-018/exhibit/SEC-10-GM-018
Ex. SEC-10-GM-019Apparel News Informa Cancels September 2020 Las Vegas MAGIC secondaryInforma Markets FashionJuly 10, 2020Informa Markets Fashion, Apparel News Informa Cancels September 2020 Las Vegas MAGIC secondary (July 10, 2020) (Ex. SEC-10-GM-019)/library/SEC-10-GM-019/exhibit/SEC-10-GM-019
Ex. SEC-10-GM-020WTTW McCormick Place Field Hospital Closes secondaryNew York State / Army Corps of Engineers (Javits); State of Illinois and City of Chicago (McCormick Place); FEMA / Army Corps (TCF Center)May 1, 2020New York State / Army Corps of Engineers (Javits); State of Illinois and City of Chicago (McCormick Place); FEMA / Army Corps (TCF Center), WTTW McCormick Place Field Hospital Closes secondary (May 1, 2020) (Ex. SEC-10-GM-020)/library/SEC-10-GM-020/exhibit/SEC-10-GM-020
Ex. SEC-10-GM-021ClickOnDetroit NAIAS 2021 Moved to September secondaryDetroit Auto Dealers Association (DADA)Sept. 21, 2020Detroit Auto Dealers Association (DADA), ClickOnDetroit NAIAS 2021 Moved to September secondary (Sept. 21, 2020) (Ex. SEC-10-GM-021)/library/SEC-10-GM-021/exhibit/SEC-10-GM-021
Ex. SEC-10-GM-022OTC 2021 Held August Houston Thank You ReleaseOffshore Technology Conference (sponsoring societies led by SPE)Aug. 20, 2021Offshore Technology Conference (sponsoring societies led by SPE), OTC 2021 Held August Houston Thank You Release (Aug. 20, 2021) (Ex. SEC-10-GM-022)/library/SEC-10-GM-022/exhibit/SEC-10-GM-022
Ex. SEC-10-GM-023KHGI Husker Harvest Days 2020 Canceled secondaryFarm Progress (Informa)June 29, 2020Farm Progress (Informa), KHGI Husker Harvest Days 2020 Canceled secondary (June 29, 2020) (Ex. SEC-10-GM-023)/library/SEC-10-GM-023/exhibit/SEC-10-GM-023
Ex. SEC-10-GM-024Land Line MATS Plans to Reschedule 2021 secondaryExhibit Management Associates, Inc.Dec. 18, 2020Exhibit Management Associates, Inc, Land Line MATS Plans to Reschedule 2021 secondary (Dec. 18, 2020) (Ex. SEC-10-GM-024)/library/SEC-10-GM-024/exhibit/SEC-10-GM-024
Ex. SEC-10-GM-025Michigan Public TCF Center Field Hospital Closes secondaryDetroit Auto Dealers Association (DADA)May 6, 2020Detroit Auto Dealers Association (DADA), Michigan Public TCF Center Field Hospital Closes secondary (May 6, 2020) (Ex. SEC-10-GM-025)/library/SEC-10-GM-025/exhibit/SEC-10-GM-025
Ex. SEC-10-GM-026AOPA EAA AirVenture 2020 Canceled secondaryExperimental Aircraft Association (EAA)May 1, 2020Experimental Aircraft Association (EAA), AOPA EAA AirVenture 2020 Canceled secondary (May 1, 2020) (Ex. SEC-10-GM-026)/library/SEC-10-GM-026/exhibit/SEC-10-GM-026
Ex. SEC-10-GM-027Vending Times 2020 Sweets and Snacks Expo Canceled secondaryNational Confectioners Association (NCA)Mar. 24, 2020National Confectioners Association (NCA), Vending Times 2020 Sweets and Snacks Expo Canceled secondary (Mar. 24, 2020) (Ex. SEC-10-GM-027)/library/SEC-10-GM-027/exhibit/SEC-10-GM-027
Ex. SEC-10-GM-028New Hope Natural Products Expo West 2020 Postponed Organizer NoticeNew Hope Network (Informa)Mar. 3, 2020New Hope Network (Informa), New Hope Natural Products Expo West 2020 Postponed Organizer Notice (Mar. 3, 2020) (Ex. SEC-10-GM-028)/library/SEC-10-GM-028/exhibit/SEC-10-GM-028
Ex. SEC-10-GM-029Microsoft Blog All Digital CES 2021 secondaryConsumer Technology Association (CTA)Oct. 19, 2020Consumer Technology Association (CTA), Microsoft Blog All Digital CES 2021 secondary (Oct. 19, 2020) (Ex. SEC-10-GM-029)/library/SEC-10-GM-029/exhibit/SEC-10-GM-029
Ex. SEC-10-GM-030SpaceNews Space Symposium 2020 Postponed secondarySpace FoundationMar. 13, 2020Space Foundation, SpaceNews Space Symposium 2020 Postponed secondary (Mar. 13, 2020) (Ex. SEC-10-GM-030)/library/SEC-10-GM-030/exhibit/SEC-10-GM-030
Ex. SEC-10-GM-031FDA Resiliency Roadmap Inspectional OversightU.S. Food and Drug Administration; accredited registrars; customersMay 5, 2021U.S. Food and Drug Administration; accredited registrars; customers, FDA Resiliency Roadmap Inspectional Oversight (May 5, 2021) (Ex. SEC-10-GM-031)/library/SEC-10-GM-031/exhibit/SEC-10-GM-031
Ex. SEC-10-GM-032PMMI Conducting Virtual FATs Best Practicesn/a (equipment manufacturers and their CPG/OEM customers)June 30, 2020n/a (equipment manufacturers and their CPG/OEM customers), PMMI Conducting Virtual FATs Best Practices (June 30, 2020) (Ex. SEC-10-GM-032)/library/SEC-10-GM-032/exhibit/SEC-10-GM-032
Ex. TX-004Executive Order GA-09Governor Greg AbbottMar. 22, 2020Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)/library/TX-004/exhibit/TX-004
Ex. WA-016Proclamation 20-25, Stay Home - Stay Healthy (Mar. 23, 2020), para. 3 and 3(b)Governor Jay InsleeMar. 23, 2020Governor Jay Inslee, Proclamation 20-25, Stay Home - Stay Healthy (Mar. 23, 2020), para. 3 and 3(b) (Ex. WA-016)/library/WA-016/exhibit/WA-016
Ex. WA-034Safe Start Washington: Phased Reopening County-by-County (plan, Oct. 7, 2020 version), 'All phases - Employers are required to'Governor Jay Inslee (Office of the Governor), plan incorporated by reference in Proclamations 20-25.3 through 20-25.11Oct. 7, 2020Governor Jay Inslee (Office of the Governor), plan incorporated by reference in Proclamations 20-25.3 through 20-25.11, Safe Start Washington: Phased Reopening County-by-County (plan, Oct. 7, 2020 version), 'All phases - Employers are required to' (Ex. WA-034)/library/WA-034/exhibit/WA-034
Ex. WA-065Proclamation 20-25.13Governor Jay InsleeMay 21, 2021Governor Jay Inslee, Proclamation 20-25.13 (May 21, 2021) (Ex. WA-065)/library/WA-065/exhibit/WA-065
Ex. WA-078Order of the Secretary of Health 20-03.4Umair A. Shah, MD, MPH, Washington State Secretary of HealthAug. 19, 2021Umair A. Shah, MD, MPH, Washington State Secretary of Health, Order of the Secretary of Health 20-03.4 (Aug. 19, 2021) (Ex. WA-078)/library/WA-078/exhibit/WA-078
Ex. WA-080Proclamation 20-25.15, Washington Ready (Aug. 20, 2021; effective Aug. 23, 2021), paras. 2-3 and 'Customers' and 'Employers' clausesGovernor Jay InsleeAug. 20, 2021Governor Jay Inslee, Proclamation 20-25.15, Washington Ready (Aug. 20, 2021; effective Aug. 23, 2021), paras. 2-3 and 'Customers' and 'Employers' clauses (Ex. WA-080)/library/WA-080/exhibit/WA-080

11. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?industry=10&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Sept. 30, 2026. The COVID Project is a free public reference and this report is not legal advice.