Eligibility report

Governmental Orders Record and Eligibility Analysis

Staffing and Support Services

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 333 instruments cited; 323 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?industry=19&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 Staffing and Support Services. 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=19&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)

Staffing and Support Services (the industry's regulators, nationally), first day (Apr. 1, 2020): Apr. 1, 2020: stay-home or non-essential-closure orders in 42 States and D.C. closed or limited the client sites of every placement, cleaning contract and guard post outside health care, grocery, logistics and utilities; New Mexico's 100 percent call-center reduction (NM-006), Delaware's call-center closure (DE-005), Pennsylvania's 'Employment Services No' (PA-004), Michigan's bar on landscaping (SEC-09-032/Ex. SEC-19-012), Washington's (20-25), New York's (SEC-07-023) and Nantucket's (MET-BOS-122) landscaping closures, Connecticut's 100 percent in-person reduction (CT-007), New Jersey EO 107's telework and minimal-staff commands (NJ-004), fingerprinting suspended in North Dakota (ND-018) and Minnesota (MN-011), the State Department's consular suspension (Mar. 20, 2020), FFCRA leave mandates in force.

Staffing and Support Services (the industry's regulators, nationally), last day (June 30, 2020): June 30, 2020: most stay-home orders lifted (last: New Jersey June 9; New York NYC Phase 2 June 22; California county tiers), but offices, call centers and client sites operated under capacity, distancing and telework rules (NJ EO 107 paras. 10-11; Michigan EO 2020-110 remote-work command, Ex. SEC-19-014; NY Forward office guidance 50 percent; PA Worker Safety Order; Ohio Stay Safe Ohio; Connecticut Sector Rules); Proclamation 10052 in force from June 24, 2020 suspending H-2B entry (Ex. SEC-19-005); H-2B flexibilities confined to food supply chain (Ex. SEC-19-018); venues, schools and stadiums closed (SG); $600 FPUC in force (Ex. SEC-19-041).

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)

Staffing and Support Services (the industry's regulators, nationally), first day (July 1, 2020): July 1, 2020: telework commands in force in NJ, MI, PA (life-sustaining framework then targeted mitigation July 15), CA (July 13 rollback closed non-critical offices in monitoring-list counties), NM, MN, CT, RI, DC and others; venues and schools closed; masks mandatory in most States; Virginia's ETS 16VAC25-220 effective July 27, 2020 (SEC-12-063); Proclamation 10052 in force; FPUC $600 to July 31.

Staffing and Support Services (the industry's regulators, nationally), last day (Sept. 30, 2020): Sept. 30, 2020: client sites open under capacity caps and written-plan rules; Michigan's EO regime through Oct. 2 (Mich. S. Ct.) then MDHHS and MIOSHA rules; Cal/OSHA rulemaking pending; Proclamation 10052 in force; fall school reopenings remote or hybrid in most large districts (WF; PL/JS at schools).

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)

Staffing and Support Services (the industry's regulators, nationally), first day (Oct. 1, 2020): Oct. 1, 2020: as at Sept. 30 plus MIOSHA emergency rules from Oct. 14 (remote-work policy required 'to the extent that their work activities can feasibly be completed remotely'; SEC-12-059); NJ EO 192 from Nov. 5; Cal/OSHA 8 CCR 3205 from Nov. 30; Oregon OAR 437-001-0744 from Nov. 16; winter re-tightening from mid-November (PA Nov. 23 telework 'unless impossible', PA-022; California Regional Stay at Home Dec. 3; New Mexico reset Nov. 16; Minnesota EO 20-99 Nov. 20; Michigan Pause Nov. 18; Illinois Tier 3 Nov. 20; Washington 20-25.8 Nov. 16).

Staffing and Support Services (the industry's regulators, nationally), last day (Dec. 31, 2020): Dec. 31, 2020: winter orders in force in most large States; Proclamation 10131 (Dec. 31) extended the H-2B suspension to Mar. 31, 2021 (Ex. SEC-19-006); FPUC $300 from Dec. 26, 2020 (15 U.S.C. 9023 as amended, Ex. SEC-19-041); federal telework directives and building closures for federal-site contractors (FED-B).

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)

Staffing and Support Services (the industry's regulators, nationally), first day (Jan. 1, 2021): Jan. 1, 2021: winter orders in force (California Regional Stay at Home to Jan. 25; PA limited-time order to Jan. 4 then mitigation order with telework to Apr. 4; MI MDHHS orders; NJ EO 107 telework; MN, IL, WA, OR, NM, CO regimes); EO 13991 (Jan. 20) masks for federal on-site contractors; CDC conveyance order effective Feb. 1, 2021; H-2B suspension in force.

Staffing and Support Services (the industry's regulators, nationally), last day (Mar. 31, 2021): Mar. 31, 2021: H-2B suspension expired that day (Ex. SEC-19-007 revoked the immigrant proclamation Feb. 24; sec. 2 of 10052 ran to Mar. 31); telework commands in force in NJ, MI (MIOSHA), CA Purple/Red counties, PA (to Apr. 4); Texas GA-34 (Mar. 10) ended Texas business rules; masks statewide in most States; MIOSHA, Cal/OSHA, VA, OR workplace rules in force.

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)

Staffing and Support Services (the industry's regulators, nationally), first day (Apr. 1, 2021): Apr. 1, 2021: PA telework lifted Apr. 4 (PA-033); NJ EO 107 paras. 10-11 in force to June 4 (EO 243); MIOSHA remote-work rule to May 24; CA Blueprint offices remote in Purple/Red to June 15; DHS/DOL H-2B supplemental rule May 25, 2021 (Ex. SEC-19-008); Cal/OSHA readopted June 17 (SEC-10-041); OSHA Healthcare ETS June 21, 2021 (Ex. SEC-19-009); Kansas KDHE adult-care-home testing order June 18, 2021 (KS-052).

Staffing and Support Services (the industry's regulators, nationally), last day (June 30, 2021): June 30, 2021: statewide business directives ended in nearly every State (CA and NY June 15; WA June 30; PA May 31; NJ June 4; MI June 22; IL June 11; MA May 29; MN May 28; OR June 30); OSHA Healthcare ETS, Cal/OSHA ETS, VA and OR permanent standards, CDC conveyance order, KS testing order, H-2B rule in force; State emergencies continuing in CA, NY (to June 24), WA, OR, IL, NM, NV, HI, DC, KY, LA, MD (to July 1) and others.

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)

Staffing and Support Services (the industry's regulators, nationally), first day (July 1, 2021): July 1, 2021: OSHA Healthcare ETS (compliance July 6 and 21) at every health care client site (JS, PL); Cal/OSHA 8 CCR 3205 as readopted; Virginia 16VAC25-220; Oregon OAR 437-001-0744; Washington WAC 296-800-14035 series; CDC conveyance order and TSA SD 1582/84-21-01A; NEP DIR 2021-03 (July 7); Kansas KS-052; FY2021 H-2B rule; FPUC $300 (to Sept. 6); Safer Federal Workforce attestation rules for on-site contractors (July 29); Los Angeles County mask order July 17.

Staffing and Support Services (the industry's regulators, nationally), last day (Sept. 30, 2021): Sept. 30, 2021: all of the foregoing plus New York 10 NYCRR 2.61 (first dose Sept. 27 for hospitals and nursing homes), NJ EO 252 (Sept. 7), IL EO 2021-20 (masks Aug. 30; testing from Sept. 5), CA HCW (Sept. 30) and school-worker (Oct. 15) orders in their compliance windows, WA 21-14/21-14.1 and OR EO 21-29 (Oct. 18 deadlines running), Key to NYC (enforcement Sept. 13), EO 14042 (Sept. 9) and Task Force guidance (Sept. 24), NY HERO designation (Sept. 6), NJ EO 264 masking in child care (Sept. 24), Delta-wave mask orders in NV, LA, OR, NM, WA, IL, HI, DC and many counties and cities, school masking orders across the 2021-22 year; Virginia standard amended Sept. 8, 2021.

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).

Layer	2020 Q2	2020 Q3	2020 Q4	2021 Q1	2021 Q2	2021 Q3	Total
Federal layer	179	163	160	175	165	167	330
Sector regulators	18	8	6	6	4	14	33
Group meetings and trade shows	9	8	5	1	1	2	26
All layers	206	179	171	182	170	183	389

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: Staffing and Support Services

This is the industry that exists only inside other industries' premises, and the orders reached it through every door they closed. A staffing firm's product is a worker on a client's floor; a janitorial contractor's product is a clean building someone else occupies; a security contractor guards a venue someone else operates; a call center answers for another company's customers; a landscaper works a property whose owner was ordered home. Every stay-home, non-essential-closure, capacity, telework and gathering order of 2020-2021 therefore operated on this industry twice: once on the employer's own premises (its offices and call floors) and once on the client sites where its people worked (PL, JS, SG, CC), which the Notice's own Q&A-12 logic and the statute's text ('orders... limiting commerce') both reach. 2020 Q2 (with the March 13-31 run-in): the closure orders of 42 States and the District idled placements wherever the client was closed (manufacturing in Michigan, Pennsylvania, New York, New Jersey; non-essential offices everywhere; retail, hospitality, schools, venues); the CISA list that nearly every order incorporated named 'janitorial/cleaning personnel', 'Security staff to maintain building access control and physical security measures' and 'Customer service and support staff' (v1.0, Mar. 19, 2020, Ex. SEC-19-001), which meant permitted under conditions at the sites that remained open, not exempt; Pennsylvania's own NAICS list marked 'Employment Services No', 'Office Administrative Services No', 'Business Support Services No', 'Investigation and Security Services Yes', 'Services to Building and Dwellings Yes' (PA-004, Mar. 19, 2020); New Mexico ordered 'All call centers situated in New Mexico... to reduce their in-person workforce by 100%' (NM-006, Mar. 23, 2020); Delaware closed 'customer service call centers and telemarketing operations' by name (DE-005, Mar. 22, 2020); New Jersey required every employer to accommodate telework 'wherever practicable' and to cut on-site staff to the 'minimal number necessary', naming 'janitorial and custodial staff' among those who could remain (NJ-004, EO 107 paras. 10-11); Michigan barred landscaping and lawn care as work not 'necessary to sustain or protect life' from March 24 until EO 2020-59 (Apr. 24, 2020) permitted 'Workers for garden stores, nurseries, and lawn care, pest control, and landscaping operations, subject to the enhanced social-distancing rules' (Ex. SEC-19-011); Washington kept landscaping closed under Proclamation 20-25 until 20-25.3 (May 4, 2020) listed 'Landscaping and lawn care' among Phase I activities (WA-031); New York's ESD list of March 27, 2020 named 'building cleaners or janitors' and 'security' and did not name landscaping (SEC-07-023); Nantucket prohibited 'all commercial landscaping work' (MET-BOS-122); Vermont let 'micro-crews' of two resume outdoor work April 20 (SEC-09-027). Hiring stopped at the credential: North Dakota suspended criminal-history checks 'until such time as law enforcement agencies... have the ability to safely conduct fingerprinting' (ND-018); Minnesota and Montana authorized licensure and placements without fingerprints (MN-011, MT-032); Pennsylvania's Department of Human Services recorded that 'as of April 29, 2020 more than half of the [IdentoGO] locations across the state are closed' (Ex. SEC-19-015); Mississippi extended security guard permits because its Driver Service Bureau ran 'limited services' (MS-012); New York extended security-guard licenses (NY-014). The federal labor pathway of landscaping closed: the State Department suspended routine visa services March 20, 2020; DHS's H-2B rule of May 14, 2020 confined every flexibility to workers 'essential to the U.S. food supply chain' (Ex. SEC-19-018); Proclamation 10052 (June 22, 2020) suspended the entry of H-2B workers through December 31, 2020 with the same food-supply-chain exception, extended to March 31, 2021 by Proclamation 10131 (Exs. SEC-19-005, -006). Unemployment insurance became a governmental fact in the labor market: 6,648,000 initial claims in the week ending March 28, 2020 (Ex. SEC-19-032) and a $600 weekly federal supplement through July 31, 2020 (15 U.S.C. 9023, Ex. SEC-19-041). BLS payrolls in employment services fell from 3,526,200 (Feb. 2020) to 2,522,800 (Apr. 2020) and temporary help from 2,888,100 to 1,950,400. 2020 Q3-Q4: reopening returned client sites under capacity caps, distancing, screening, masking and written-plan rules that changed how every placement, cleaning contract and guard post operated (PA Worker Safety Order; NJ EO 122 and 192; Ohio Stay Safe Ohio; Virginia 16VAC25-220 from July 27, 2020; Michigan EO 2020-110's 'Any work that is capable of being performed remotely... must be performed remotely' (Ex. SEC-19-014) and the MIOSHA emergency rules from Oct. 14, 2020; Cal/OSHA 8 CCR 3205 from Nov. 30, 2020), while the winter re-tightening re-closed offices, venues and schools. 2021 Q1-Q2: the telework mandates ran to April 4, 2021 (Pennsylvania), May 24, 2021 (Michigan), June 4, 2021 (New Jersey EO 243) and June 15, 2021 (California's Blueprint office rules); the H-2B suspension ran to March 31, 2021; the CDC conveyance order governed every transit commute from February 1, 2021. 2021 Q3: in force July 1 - September 30, 2021 for this industry were the OSHA Healthcare ETS, 29 C.F.R. 1910.502, which by its terms 'applies to all settings where any employee provides healthcare services or healthcare support services', defined to include 'housekeeping services' (Ex. SEC-19-009: JS and PL in every hospital, clinic and nursing home; compliance July 6 and 21, 2021); the health-care-worker vaccination mandates whose definitions reached contract staff (New York 10 NYCRR 2.61, 'Personnel... including... contract staff', Aug. 26, 2021, Ex. SEC-19-023; New Jersey EO 252, 'contractors... including individuals providing operational or custodial services', Aug. 6, effective Sept. 7, 2021, Ex. SEC-19-027; Illinois EO 2021-20, 'contracted to provide services for a Health Care Facility', Aug. 26, 2021, Ex. SEC-19-026; California's Aug. 5 and Aug. 11, 2021 orders, Exs. SEC-19-024, -042; Washington 21-14 and 21-14.1, Aug. 9 and 20, 2021, Ex. SEC-19-025; Oregon EO 21-29, Aug. 13, 2021, reaching contractor personnel at State worksites, OR-047); New York City's Key to NYC order forbidding any 'employee, intern, volunteer, or contractor' to enter indoor dining, fitness and entertainment premises without proof of vaccination (Aug. 16, effective Aug. 17, enforcement Sept. 13, 2021, Ex. SEC-19-016: SG, JS, PL); Kansas's adult-care-home testing order binding staffing agencies' personnel (KS-052, June 18, 2021); the Delta-wave indoor mask orders of Nevada (July 30), Louisiana (Aug. 4), Oregon (Aug. 13), New Mexico (Aug. 17), Washington (Aug. 23), Illinois (Aug. 30), Hawaii, the District (July 31), Los Angeles County (July 17), the Bay Area (Aug. 3), Philadelphia (Aug. 12) and others, each of which bound the client sites where placements, cleaners and guards worked; the school mask and staff-vaccination orders of August-September 2021 (WF, and PL/JS at school sites); EO 14042 (Sept. 9, 2021) and the Task Force guidance of Sept. 24, 2021 for every janitorial, security and staffing contractor on a federal contract (Exs. SEC-19-010, -020); OSHA's revised National Emphasis Program of July 7, 2021 naming NAICS 561320 Temporary Help Services as a targeted industry (Ex. SEC-19-019; posture); the CDC conveyance order and TSA directives for every transit commute; the DHS/DOL H-2B rule of May 25, 2021 whose 22,000 supplemental visas ran to September 30, 2021 (Ex. SEC-19-008); the New York HERO Act designation of Sept. 6, 2021 (SEC-10-031); Cal/OSHA's ETS as readopted June 17, 2021 (SEC-10-041); Virginia's permanent 16VAC25-220 (amended Sept. 8, 2021; Ex. SEC-19-029 for the dates); and the $300 federal unemployment supplement to September 6, 2021. Not in force: any statewide stay-home or non-essential-closure order; the State telework mandates; the H-2B entry suspension (expired Mar. 31, 2021); the MIOSHA emergency rules (rescinded June 22, 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.

Code	Function
PL	placements at client sites (clients closed or limited)
RC	recruiting, onboarding, drug testing and fingerprinting
JS	janitorial and disinfection contracts
SG	security at closed venues
LS	landscaping and grounds (closure States)
CC	call centers and BPO
HR	hiring, screening, training and credentialing
OP	office, administration and telework
WF	workforce availability
CB	the client 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-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-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-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-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-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-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-262

OMB Memorandum M-20-13

Updated Guidance on Telework Flexibilities in Response to Coronavirus

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

Dates: In force from Mar. 12, 2020 to Apr. 20, 2020
Quarters: 2020 Q2
Limitations: Telework mandate
Functions reached: OF federal office premises begin to empty; CS client and customer access to federal offices; PJ federal procurement and contracting-officer availability
Grade: Primary source read
Days in this quarter: 39 (in force on the first day)

All Federal Executive Branch departments and agencies are encouraged to maximize telework flexibilities to eligible workers within those populations that the Centers for Disease Control and Prevention (CDC) has identified as being at higher risk... Additionally, agencies are encouraged to consult with local public health officials and the CDC about whether to extend telework flexibilities more broadly to all eligible teleworkers in areas in which either such local officials or the CDC have determined there is community spread.

Enforcement: OMB management directive to agency heads

Citation: Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-13 (Mar. 12, 2020) (Ex. FED-262) 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-263

OMB Memorandum M-20-15

Updated Guidance for the National Capital Region on Telework Flexibilities in Response to Coronavirus

Office of Management and Budget (Acting Director Russell T. Vought), United States (National Capital Region) (Federal)

Dates: In force from Mar. 15, 2020 to Mar. 17, 2020
Quarters: 2020 Q2
Limitations: Telework mandate
Functions reached: OF Washington-area federal offices; CS downtown Washington commerce (food service, retail, parking, transit) dependent on 360,000 federal workers; CB
Grade: Primary source read
Days in this quarter: 3

All Federal Executive Branch departments and agencies within the National Capital Region (NCR), consistent with OMB's recent guidance (OMB M-20-13), are asked to offer maximum telework flexibilities to all current telework eligible employees... agency heads should develop an operational plan that maximizes resources and functional areas to most safely and efficiently deliver these mission-critical functions and other Government services (including but not limited to staggered work schedules and other operational mitigation measures).

Enforcement: OMB management directive

Citation: Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-15 (Mar. 15, 2020) (Ex. FED-263) 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-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-267

OMB Memorandum M-20-19

Harnessing Technology to Support Mission Continuity

Office of Management and Budget, United States (executive branch) (Federal)

Dates: In force from Mar. 22, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Telework mandate
Functions reached: OF federal telework infrastructure; HR remote onboarding of federal personnel
Grade: Primary source read
Days in this quarter: 101 (in force on the last day)

OMB issued M-20-16, Federal Agency Operational Alignment to Slow the Spread of Coronavirus..., which directed agencies to maximize telework across the nation... Agencies are able to make a risk determination and issue an alternate credential/authenticator... to onboard mission-critical personnel.

Enforcement: OMB directive

Citation: Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267) Open the exhibit

Ex. FED-386

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

Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic

Secretary of the Interior David L. Bernhardt, United States (Department of the Interior, all bureaus: NPS, BLM, Reclamation, USGS, FWS, BIA) (Federal)

Dates: In force from Mar. 22, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Telework mandate
Functions reached: OF Interior offices emptied; CS permitting, leasing, inspections and field work by Interior bureaus curtailed (oil and gas, grazing, mining, recreation concessions); PJ federal customer site access
Grade: Primary source read
Days in this quarter: 40

Performance of Duties Via Telework for Most Department Employees... Department employees not performing or supporting mission essential functions [or performing mission critical functions as determined by their State or Regional Director, or equivalent management authority,] should telework. Supervisors are hereby directed to instruct employees under their supervision to telework, if telework [ready]... If a telework-eligible employee is unable to enter into a telework agreement, the supervisor shall grant the employee weather and safety leave for a period not to exceed fourteen calendar days.

Enforcement: Secretarial directive to supervisors

Citation: Secretary 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) 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-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-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-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-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-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-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

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: 110 (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: 110 (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: 110 (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-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-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: 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 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

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 Staffing and Support Services

Ex. SEC-19-011

Executive Order 2020-59

Temporary requirement to suspend activities that are not necessary to sustain or protect life (rescission of Executive Order 2020-42)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 24, 2020 to May 15, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureFace-covering requirementWorkplace rules
Functions reached: LS landscaping and lawn care resumed Apr. 24, 2020 only under enhanced distancing rules after a bar from Mar. 24; OP in-person work still prohibited unless necessary to sustain or protect life; CB residential and commercial customers under stay-home; WF
Grade: Primary source read
Days in this quarter: 22

10. For purposes of this order, workers who perform resumed activities are defined as follows: (a) Workers who process or fulfill remote orders for goods for delivery or curbside pick-up. (b) Workers who perform bicycle maintenance or repair. (c) Workers for garden stores, nurseries, and lawn care, pest control, and landscaping operations, subject to the enhanced social-distancing rules described in section 11(h) of this order. (d) Maintenance workers and groundskeepers who are necessary to maintain the safety and sanitation of places of outdoor recreation... (e) Workers for moving or storage operations... This order takes effect immediately... and continues through May 15, 2020 at 11:59 pm. Executive Order 2020-42 is rescinded.... Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.

Enforcement: Misdemeanor, MCL 10.33 and 30.405(3) (recited)

Citation: Governor Gretchen Whitmer, Executive Order 2020-59 (Apr. 24, 2020) (Ex. SEC-19-011) Open the exhibit

Ex. SEC-19-043

Executive Order 2020-70

Temporary requirement to suspend activities that are not necessary to sustain or protect life (rescission of Executive Order 2020-59)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from May 1, 2020 to May 15, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureWorkplace rules
Functions reached: LS landscaping and grounds (continued under sec. 10(c); all other outdoor work from May 7 under sec. 10(f)); PL trade and outdoor placements; OP written preparedness plan; CB; WF
Grade: Primary source read
Days in this quarter: 15

This work is permitted to resume on May 7, 2020, and includes construction, real-estate activities, and work that is traditionally and primarily performed outdoors.... 10.... (c) Workers for garden stores, nurseries, and lawn care, pest control, and landscaping operations, subject to the enhanced social-distancing rules described in section 11(h) of this order.... (f) Effective at 12:01 am on May 7, 2020, and subject to the enhanced social-distancing rules described in section 11(h) of this order, workers who perform work that is traditionally and primarily performed outdoors, including but not limited to forestry workers, outdoor power equipment technicians, parking enforcement workers, and similar workers.... 11. Businesses, operations, and government agencies that remain open for in-person work must, at a minimum: (a) Develop a COVID-19 preparedness and response plan

Enforcement: Misdemeanor, MCL 10.33 and 30.405(3)

Citation: Governor Gretchen Whitmer, Executive Order 2020-70 (May 1, 2020) (Ex. SEC-19-043) Open the exhibit

Ex. SEC-19-014

Executive Order 2020-110

Temporary restrictions on certain events, gatherings, and businesses (MI Safe Start Stage 4; rescission of Executive Orders 2020-69 and 2020-96)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from June 1, 2020 to Oct. 2, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Business closureTelework mandateGathering capWorkplace rules
Functions reached: CC call centers and BPO floors (work capable of remote performance had to be remote); OP staffing-firm offices, recruiting and payroll; PL office placements at client sites; JS demand shifted from occupied to unoccupied offices
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely.... Any business or operation that requires its employees to leave their home or place of residence for work is subject to the rules on workplace safeguards in Executive Order 2020-97 or any order that may follow from it.

Enforcement: Misdemeanor, MCL 10.33 and 30.405(3)

Citation: Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. SEC-19-014) Open the exhibit

Ex. SEC-19-012

Executive Order 2020-42

Temporary requirement to suspend activities that are not necessary to sustain or protect life (rescission of Executive Order 2020-21)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 9, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureGathering capTravel and quarantine
Functions reached: LS landscaping and lawn care prohibited as in-person work not necessary to sustain or protect life (State FAQ); garden-center supply closed; PL placements at non-critical client sites prohibited; OP; CB; WF
Grade: Primary source read
Days in this quarter: 22

This order must be construed broadly to prohibit in-person work that is not necessary to sustain or protect life.... Subject to the exceptions in section 7 of this order, all individuals currently living within the State of Michigan are ordered to stay at home or at their place of residence.... [Large stores must] close areas of the store... that are dedicated to the following classes of goods: (A) Carpet or flooring. (B) Furniture. (C) Garden centers and plant nurseries. (D) Paint.

Enforcement: Misdemeanor, MCL 10.33 and 30.405(3)

Citation: Governor Gretchen Whitmer, Executive Order 2020-42 (Apr. 9, 2020) (Ex. SEC-19-012) Open the exhibit

Ex. SEC-19-013

Proclamation 20-25.3

Safe Start - Stay Healthy (Phase I low-risk activities incl. landscaping and lawn care)

Governor Jay Inslee, Washington (State)

Dates: In force from May 4, 2020 to May 31, 2020
Quarters: 2020 Q2
Limitations: Business closureWorkplace rules
Functions reached: LS landscaping closed under 20-25 (Mar. 25) until Phase I permission May 4-5, 2020 under industry requirements
Grade: Confirmed from a secondary source
Days in this quarter: 28

[per WA-031:]... reopening additional low-risk activities during Phase I, including the business activities listed below... when participants are able to fully comply with the industry-specific requirements that will be issued as soon as possible but no later than May 15, 2020: Landscaping and lawn care; Vehicle and vessel sales; Pet walking; Retail (curb-side pick-up orders only); Car washes

Enforcement: RCW 43.06.220(5) gross misdemeanor

Citation: Governor Jay Inslee, Proclamation 20-25.3 (May 4, 2020) (Ex. SEC-19-013)

Ex. SEC-19-035

Interpretive Guidance COVID19-04 (Mar. 23, 2020)

Interpretive Guidance COVID19-04: Order of the Governor Number 20-03-23-01, Amending and Restating the Order of March 19, 2020, Prohibiting Large Gatherings and Events and Closing Senior Centers, and Additionally Closing All Non-Essential Businesses and Other Establishments

Office of Legal Counsel to the Governor, Maryland (State)

Dates: In force from Mar. 23, 2020 to May 15, 2020
Quarters: 2020 Q2
Limitations: Business closure
Functions reached: LS landscapers permitted (Commercial Facilities Sector); JS janitorial firms permitted; PL staffing services permitted only as 'Supporting Firms' to critical-infrastructure businesses (placements at every other client barred); SG (Emergency Services and Commercial Facilities sectors); CC/OP non-essential offices closed
Grade: Primary source read
Days in this quarter: 54

b. The Commercial Facilities Sector includes, but is not limited to: i. Lodging. ii. Building and property maintenance companies, including without limitation plumbers, electricians, HVAC service companies, roofers, environmental services companies, exterminators, arborists, and landscapers. iii. Janitorial firms.... o. Supporting Firms. The federal critical infrastructure sectors include firms providing the following to any other business, organization, or facility included in the federal critical infrastructure sectors: i. Staffing and/or payroll services. ii. Essential raw materials, products, or services.

Enforcement: Pub. Safety sec. 14-114(c) (misdemeanor: up to one year and $5,000) as recited in the Order

Citation: Office of Legal Counsel to the Governor, Interpretive Guidance COVID19-04 (Mar. 23, 2020) (Ex. SEC-19-035) Open the exhibit

Ex. SEC-19-034

COVID-19 Essential Services list (Exhibit A to COVID-19 Orders No. 13 and No. 21), as updated Mar. 31, 2020

COVID-19: Essential Services (mass.gov page as archived Apr. 2, 2020)

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

Dates: In force from Mar. 24, 2020 to May 18, 2020 (issued Mar. 31, 2020)
Quarters: 2020 Q2
Limitations: Business closure
Functions reached: LS landscapers permitted only within the 'safety, sanitation, and essential operation' clause; JS janitorial staff at essential warehouses and buildings; SG security staff for access control; CC 911 call centers and customer service for essential functions only; PL placements at non-essential workplaces closed
Grade: Primary source read
Days in this quarter: 56

[Businesses not providing COVID-19 Essential Services must] close their physical workplaces and facilities to workers, customers and the public... Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC Technicians, landscapers, inspectors and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, health care facilities, senior living facilities... Security staff to maintain building access control and physical security measures.... 911 call center employees... Warehouse operators, including vendors and support personnel critical for business continuity (including HVAC & electrical engineers; security personnel; and janitorial staff) and customer service for essential functions... including temporary licensing waivers for security…

Enforcement: Order No. 13 sec. 5: G.L. c. 17, sec. 2A; civil fines up to $300 per violation

Citation: Governor Charles D. Baker (Executive Office of Housing and Economic Development), COVID-19 Essential Services list (Exhibit A to COVID-19 Orders No. 13 and No. 21), as updated Mar. 31, 2020 (Ex. SEC-19-034) Open the exhibit

Ex. SEC-19-001

Guidance on the Essential Critical Infrastructure Workforce, Version 1.0

Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response

Department of Homeland Security, Cybersecurity and Infrastructure Security Agency (CISA), United States (Federal)

Dates: In force from Mar. 19, 2020 to Mar. 28, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: JS janitorial named as continuity support at essential sites; SG security staff for building access control; CC customer service and support staff; LS landscaping not named (only 'safety, sanitation, and essential operation of residences'); PL placements permitted only at sites within the listed sectors
Grade: Primary source read
Days in this quarter: 10

Workers such as plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences... Support required for continuity of services, including janitorial/cleaning personnel... Security staff to maintain building access control and physical security measures... Customer service and support staff, including managed and professional services as well as remote providers of support to transitioning employees to set up and maintain home offices, who interface with customers to manage or support service environments and security issues, including payroll, billing, fraud, and troubleshooting

Enforcement: None of its own; enforcement ran through the incorporating State orders (e.g., Texas GA-14; Pennsylvania's list; Delaware, Idaho, Massachusetts lists)

Citation: Department of Homeland Security, Cybersecurity and Infrastructure Security Agency (CISA), Guidance on the Essential Critical Infrastructure Workforce, Version 1.0 (Mar. 19, 2020) (Ex. SEC-19-001) Open the exhibit

Ex. SEC-19-002

Guidance on the Essential Critical Infrastructure Workforce, Version 2.0

Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response (Version 2.0)

CISA, United States (Federal)

Dates: In force from Mar. 28, 2020 to Apr. 17, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: LS landscapers named for the first time, confined to safety, sanitation and essential operation; JS; SG; CC
Grade: Primary source read
Days in this quarter: 21

Workers such as plumbers, electricians, exterminators, builders, contractors, HVAC Technicians, landscapers, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, businesses and buildings such as hospitals, senior living facilities, any temporary construction required to support COVID-19 response

Enforcement: Through incorporating State orders

Citation: CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 2.0 (Mar. 28, 2020) (Ex. SEC-19-002) Open the exhibit

Ex. SEC-19-032

Unemployment Insurance Weekly Claims news release of Apr. 2, 2020

Unemployment Insurance Weekly Claims (week ending Mar. 28, 2020)

Department of Labor, Employment and Training Administration, United States (Federal)

Dates: In force from Apr. 2, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: RC recruiting and placements (facts and circumstances: the labor market the orders produced); WF; CB client demand
Grade: Primary source read
Days in this quarter: 90 (in force on the last day)

In the week ending March 28, the advance figure for seasonally adjusted initial claims was 6,648,000, an increase of 3,341,000 from the previous week's revised level. This marks the highest level of seasonally adjusted initial claims in the history of the seasonally adjusted series.

Enforcement: n/a

Citation: Department of Labor, Employment and Training Administration, Unemployment Insurance Weekly Claims news release of Apr. 2, 2020 (Ex. SEC-19-032) Open the exhibit

Ex. SEC-19-017

Unemployment Insurance Program Letter No. 15-20

Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 - Federal Pandemic Unemployment Compensation (FPUC) Program Operating, Financial, and Reporting Instructions

Department of Labor, Employment and Training Administration, United States (Federal)

Dates: In force from Apr. 4, 2020 to July 31, 2020
Quarters: 2020 Q22020 Q3
Limitations: Other
Functions reached: RC recruiting against a federal $600 weekly supplement (facts and circumstances of the labor market); HR; WF
Grade: Confirmed from a secondary source
Days in this quarter: 88 (in force on the last day)

[Not read: scanned copy without text layer. Gist from the statute (Ex. SEC-19-041): $600 per week added to regular compensation for weeks of unemployment ending on or before July 31, 2020.]

Enforcement: Federal-State agreements under sec. 2104(a)

Citation: Department of Labor, Employment and Training Administration, Unemployment Insurance Program Letter No. 15-20 (Apr. 4, 2020) (Ex. SEC-19-017) Open the exhibit

Ex. SEC-19-003

Guidance on the Essential Critical Infrastructure Workforce, Version 3.0

Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response (Version 3.0)

CISA, United States (Federal)

Dates: In force from Apr. 17, 2020 to May 19, 2020
Quarters: 2020 Q22020 Q3
Limitations: Other
Functions reached: JS janitorial and commercial disinfectant services; SG security staff and licensing waivers; CC call centers; PL contractors expressly within 'workers'; HR employment service
Grade: Primary source read
Days in this quarter: 33

The term 'workers' as used in this guidance is intended to apply to both employees and contractors performing the described functions.... Warehouse operators, including vendors and support personnel critical for business continuity (including heating, ventilation, and air conditioning (HVAC) and electrical engineers, security personnel, and janitorial staff), e-commerce or online commerce, and customer service for essential functions.... Workers supporting the operations of commercial buildings that are critical to safety, security, and the continuance of essential activities, such as on-site property managers, building engineers, security staff, fire safety directors, janitorial personnel, and service technicians... Support required for continuity of services, including commercial disinfectant services, janitorial and cleaning personnel, and support personnel functions that need freedom…

Enforcement: Through incorporating State orders

Citation: CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 3.0 (Apr. 17, 2020) (Ex. SEC-19-003) Open the exhibit

Ex. SEC-19-004

Proclamation 10014

Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak

President of the United States, United States (Federal)

Dates: In force from Apr. 23, 2020 to Mar. 31, 2021 (issued Apr. 22, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Travel and quarantine
Functions reached: HR immigrant-visa hiring pipeline; LS labor supply (predicate to 10052)
Grade: Primary source read
Days in this quarter: 69 (in force on the last day)

The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6.... the Secretary of Labor and the Secretary of Homeland Security... shall review nonimmigrant programs and shall recommend to me other measures appropriate to stimulate the United States economy and ensure the prioritization, hiring, and employment of United States workers.

Enforcement: Visa issuance and entry refusal by State and DHS

Citation: President of the United States, Proclamation 10014 (Apr. 22, 2020) (Ex. SEC-19-004) Open the exhibit

Ex. SEC-19-038

The Employment Situation - April 2020 (news release of May 8, 2020)

The Employment Situation - April 2020

Bureau of Labor Statistics, United States (Federal)

Dates: In force from May 8, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: PL; RC; WF; CB (facts and circumstances)
Grade: Primary source read
Days in this quarter: 54 (in force on the last day)

Enforcement: n/a

Citation: Bureau of Labor Statistics, The Employment Situation - April 2020 (news release of May 8, 2020) (Ex. SEC-19-038) Open the exhibit

Ex. SEC-19-018

Temporary final rule, 8 C.F.R. 214.2(h)(6) and (h)(2)(i)(D)

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

Department of Homeland Security (USCIS), United States (Federal)

Dates: In force from May 14, 2020 to Sept. 11, 2020
Quarters: 2020 Q22020 Q3
Limitations: Travel and quarantineSupply chain
Functions reached: LS landscaping (excluded from every flexibility: the rule confined relief to food-supply-chain H-2B workers); HR; PL hospitality placements
Grade: Primary source read
Days in this quarter: 48 (in force on the last day)

[Flexibilities (immediate start with a new employer; extension beyond the three-year limit) available only where] the H-2B petitioner... [attests that the worker will perform] temporary nonagricultural services or labor that is essential to the U.S. food supply chain... [recital:] The Department of State suspended routine visa services at all U.S. Embassies and Consulates on March 20, 2020.

Enforcement: Petition adjudication; attestation subject to verification

Citation: Department of Homeland Security (USCIS), Temporary final rule, 8 C.F.R. 214.2(h)(6) and (h)(2)(i)(D) (May 14, 2020) (Ex. SEC-19-018) Open the exhibit

Ex. SEC-19-015

Fingerprinting FAQs (May 15, 2020)

Fingerprinting FAQs: IdentoGO site closures, appointment-only service and Act 18 deadline extension

Department of Human Services (Office of Children, Youth and Families), with the Commonwealth's fingerprint vendor IdentoGO (IDEMIA), Pennsylvania (State)

Dates: In force from May 15, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Courts and public officesOther
Functions reached: RC onboarding, fingerprinting and clearances for placements in schools, child care, home care and health facilities; HR; PL (placements could not start without clearances)
Grade: Primary source read
Days in this quarter: 47 (in force on the last day)

You must pre-enroll with IdentoGO to have [fingerprints taken]... walk-in services may be limited or unavailable at many fingerprint locations. An appointment is encouraged and pre-enrollment is always required.... as of April 29, 2020 more than half of the locations across the state are closed due to the COVID-19 pandemic.... Governor Wolf signed Act 18 of 2020 on May 8, [2020]... Individuals will have until December 31, 2020 to obtain a copy of their fingerprint-based [FBI check]

Enforcement: Statutory hiring bar without clearances (23 Pa.C.S. 6344) as modified by Act 18

Citation: Department of Human Services (Office of Children, Youth and Families), with the Commonwealth's fingerprint vendor IdentoGO (IDEMIA), Fingerprinting FAQs (May 15, 2020) (Ex. SEC-19-015) Open the exhibit

Ex. SEC-19-005

Proclamation 10052

Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak

President of the United States, United States (Federal)

Dates: In force from June 24, 2020 to Mar. 31, 2021 (issued June 22, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Travel and quarantineSupply chain
Functions reached: LS landscaping labor (H-2B is the landscaping industry's principal seasonal labor program; the food-supply-chain exception did not reach it); HR seasonal hiring; PL hospitality and amusement placements dependent on H-2B
Grade: Primary source read
Days in this quarter: 7 (in force on the last day)

Sec. 2. Suspension and Limitation on Entry. The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation: (a) an H-1B or H-2B visa, and any alien accompanying or following to join such alien... Sec. 3.... (b) The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:... (iv) any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain

Enforcement: Visa issuance and entry refusal; consular officers' determinations

Citation: President of the United States, Proclamation 10052 (June 22, 2020) (Ex. SEC-19-005) Open the exhibit

Ex. SEC-19-041

15 U.S.C. 9023 (Federal Pandemic Unemployment Compensation)

15 U.S.C. 9023, Emergency increase in unemployment compensation benefits (2020 edition text)

Congress (CARES Act sec. 2104, as amended by the Continued Assistance for Unemployed Workers Act of 2020 and ARPA sec. 9013), United States (Federal)

Dates: In force from July 31, 2020 to Sept. 6, 2021 (issued Mar. 27, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: RC recruiting against the federal supplement (facts and circumstances); WF; CB
Grade: Primary source read
Days in this quarter: 0

[Federal Pandemic Unemployment Compensation of]... $600 [for weeks of unemployment] ending on or before July 31, 2020... [and $300 for weeks beginning] after December 26, 2020... ending on or before March 14, 2021

Enforcement: Federal-State agreements

Citation: Congress (CARES Act sec. 2104, as amended by the Continued Assistance for Unemployed Workers Act of 2020 and ARPA sec. 9013), 15 U.S.C. 9023 (Federal Pandemic Unemployment Compensation) (Mar. 27, 2020) (Ex. SEC-19-041) 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-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-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

Ex. FED-203

Proclamation 9996

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (United Kingdom and Republic of Ireland), 85 Fed. Reg. 15341 (Mar. 18, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Travel and quarantine
Functions reached: TV inbound UK and Irish business travel; CB UK and Irish customers; MK trade shows
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 United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland 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 16, 2020.

Enforcement: Sec. 3 implementation by State and DHS

Citation: President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203) Open the exhibit

Ex. FED-311

Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

Dates: In force from Mar. 16, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

WHEREAS, normal court operations and procedures may necessarily need to be amended or suspended on a temporary basis given the exigent circumstances created by the COVID-19 event, the Court finds it necessary to establish a miscellaneous case, In re COVID-19 [Pandemic Procedures, in which all COVID-19 orders are docketed]... ORDERED that these temporary orders shall be rescinded by order of the Chief Judge when circumstances warrant.

Enforcement: court order

Citation: Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311) Open the exhibit

Ex. FED-367

Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, United States (VA-guaranteed home loans) (Federal)

Dates: In force from Mar. 16, 2020 to Apr. 1, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Other
Functions reached: ML mortgage origination (in-person appointments, appraisals); AP appraisals; SV
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

2. Veterans. If you have an in-person appointment scheduled with your lender, [servicer or appraiser, contact them about alternatives]... 3. Lenders and Servicers. Lenders should have continuity of operation plans in [place]... 4. Appraisers. Appraisers should continue to conduct business as outlined in [VA guidance while observing public health precautions]... 5. Rescission: This Circular is rescinded April 1, 2021.

Enforcement: VA program guidance to participants

Citation: Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367) Open the exhibit

Ex. FED-194

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020)

HHS Office for Civil Rights, United States (HIPAA covered health care providers) (Federal)

Dates: In force from Mar. 17, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth (physician practices, behavioral health, dental consultations ('dental consultation or psychological evaluation' named in the notice)); CL clinical intake moved remote; OF
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

As a matter of enforcement discretion, the HHS Office for Civil Rights (OCR) will not impose penalties for noncompliance with the regulatory requirements under the HIPAA rules against covered health care providers in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency.... A covered health care provider that wants to use audio or video communication technology to provide telehealth to patients during the COVID-19 nationwide public health emergency can use any non-public facing remote communication product that is available to communicate with patients.... This exercise of discretion applies to telehealth provided for any reason, regardless of whether the telehealth service is related to the diagnosis and treatment of health conditions related to COVID-19.

Enforcement: Non-enforcement of HIPAA penalties for good-faith telehealth

Citation: HHS 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) 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: 92 (the whole quarter)

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

Continuing in force from an earlier quarter of this report (25 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-266	Office 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, 2020	Telework mandateWorkplace rules
Ex. FED-192	The 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, 2020	Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-268	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)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-088	OSHA, 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, 2021	Workplace rules
Ex. FED-290	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)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-097	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)	In force from Mar. 13, 2020 to Sept. 17, 2020	Business closureGathering capHealth care orders
Ex. FED-027	Centers 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, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-390	Bureau 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, 2020	Business closure
Ex. FED-267	Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)	In force from Mar. 22, 2020 to Dec. 31, 2020	Telework mandate
Ex. FED-391	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)	In force from Mar. 23, 2020 to Sept. 30, 2020	Business closureCourts and public offices
Ex. FED-170	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)	In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171	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)	In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-028	Centers 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-073	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)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-393	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)	In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)	Business closure
Ex. FED-325	U.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-010	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)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President 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-180	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)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	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)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President 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-160	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)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary 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, 2021	Emergency declarationSupply chain
Ex. FED-201	President 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

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 Staffing and Support Services

Continuing in force from an earlier quarter of this report (8 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-19-014	Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. SEC-19-014)	In force from June 1, 2020 to Oct. 2, 2020	Business closureTelework mandateGathering capWorkplace rules
Ex. SEC-19-017	Department of Labor, Employment and Training Administration, Unemployment Insurance Program Letter No. 15-20 (Apr. 4, 2020) (Ex. SEC-19-017)	In force from Apr. 4, 2020 to July 31, 2020	Other
Ex. SEC-19-003	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 3.0 (Apr. 17, 2020) (Ex. SEC-19-003)	In force from Apr. 17, 2020 to May 19, 2020	Other
Ex. SEC-19-004	President of the United States, Proclamation 10014 (Apr. 22, 2020) (Ex. SEC-19-004)	In force from Apr. 23, 2020 to Mar. 31, 2021 (issued Apr. 22, 2020)	Travel and quarantine
Ex. SEC-19-018	Department of Homeland Security (USCIS), Temporary final rule, 8 C.F.R. 214.2(h)(6) and (h)(2)(i)(D) (May 14, 2020) (Ex. SEC-19-018)	In force from May 14, 2020 to Sept. 11, 2020	Travel and quarantineSupply chain
Ex. SEC-19-015	Department of Human Services (Office of Children, Youth and Families), with the Commonwealth's fingerprint vendor IdentoGO (IDEMIA), Fingerprinting FAQs (May 15, 2020) (Ex. SEC-19-015)	In force from May 15, 2020 to Dec. 31, 2020	Courts and public officesOther
Ex. SEC-19-005	President of the United States, Proclamation 10052 (June 22, 2020) (Ex. SEC-19-005)	In force from June 24, 2020 to Mar. 31, 2021 (issued June 22, 2020)	Travel and quarantineSupply chain
Ex. SEC-19-041	Congress (CARES Act sec. 2104, as amended by the Continued Assistance for Unemployed Workers Act of 2020 and ARPA sec. 9013), 15 U.S.C. 9023 (Federal Pandemic Unemployment Compensation) (Mar. 27, 2020) (Ex. SEC-19-041)	In force from July 31, 2020 to Sept. 6, 2021 (issued Mar. 27, 2020)	Other

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-265

OMB Memorandum M-20-17

Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly Impacted by the Novel Coronavirus (COVID-19) due to Loss of Operations

Office of Management and Budget, United States (federal financial assistance recipients) (Federal)

Dates: In force from Mar. 19, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Other
Functions reached: PJ grant-funded projects, research and services paused (the memorandum's own premise is loss of operations); CB nonprofit, university and health-care grantees
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

This memorandum provides similar administrative relief listed in M-20-11 to an expanded scope of recipients affected by the loss of operational capacity and increased costs due to the COVID-19 crisis.... awarding agencies may extend awards which were active as of March 31, 2020 and scheduled to expire prior or up to December 31, 2020, automatically at no cost for a period of up to twelve months.

Enforcement: OMB directive to awarding agencies

Citation: Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265) Open the exhibit

Ex. FED-292

Order of March 19, 2020, 589 U.S. (Order List)

Order extending the deadline to file petitions for writs of certiorari to 150 days and relaxing extension and distribution rules in light of COVID-19

Supreme Court of the United States, Supreme Court of the United States (Court)

Dates: In force from Mar. 19, 2020 to July 19, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT federal litigation timetables lengthened nationwide; CS law firms, appellate practice
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

In light of the ongoing public health concerns relating to COVID-19, the following shall apply to cases prior to a ruling on a petition for a writ of certiorari: IT IS ORDERED that the deadline to file any petition for a writ of certiorari due on or after the date of this order is extended to 150 days from the date of the lower court judgment, order denying discretionary review, or order denying a timely petition for rehearing.... These modifications will remain in effect until further order of the Court.

Enforcement: order of the Court

Citation: Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292) Open the exhibit

Ex. FED-381

USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020)

USDA Extends Foreclosure and Eviction Relief for Single Family Housing Direct and Guaranteed Loan Borrowers (2020 series)

U.S. Department of Agriculture, Rural Development, United States (USDA Rural Development Single Family Housing Direct and Guaranteed loans) (Federal)

Dates: In force from Mar. 19, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Other
Functions reached: SV rural mortgage servicing; ML; PM
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

Enforcement: USDA program requirements

Citation: U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)

Ex. FED-034

CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')

Notice of Order Under Sections 362 and 365 of the Public Health Service Act Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists, 85 Fed. Reg. 17060 (Mar. 26, 2020)

Centers for Disease Control and Prevention, HHS (CDC Director), United States land borders with Canada and Mexico (ports of entry and Border Patrol stations) (Federal)

Dates: In force from Mar. 20, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TR/TRAV cross-border movement of persons at the land borders (with the DHS land-border notices, FED-B); WF border-region labor markets; CB border-community commerce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

For simplicity, I shall refer to the persons covered by this order as 'covered aliens.' I suspend the introduction of all covered aliens into the United States for a period of 30 days, starting from the date of this order. I may extend this order if necessary to protect the public health.

Enforcement: 42 U.S.C. § 271; implemented by DHS/CBP expulsions

Citation: Centers 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) Open the exhibit

Continuing in force from an earlier quarter of this report (34 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-266	Office 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, 2020	Telework mandateWorkplace rules
Ex. FED-268	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)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-088	OSHA, 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, 2021	Workplace rules
Ex. FED-290	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)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-027	Centers 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, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-390	Bureau 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, 2020	Business closure
Ex. FED-267	Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)	In force from Mar. 22, 2020 to Dec. 31, 2020	Telework mandate
Ex. FED-170	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)	In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171	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)	In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-073	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)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-325	U.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-168	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)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	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)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-172	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)	In force from Sept. 16, 2020 to Dec. 31, 2020 (issued Sept. 11, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-030	Centers 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, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-010	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)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President 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-180	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)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	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)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President 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-160	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)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary 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, 2021	Emergency declarationSupply chain
Ex. FED-201	President 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-096	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)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	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)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	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)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-367	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	In force from Mar. 16, 2020 to Apr. 1, 2021	Other
Ex. FED-194	HHS 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)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain

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 Staffing and Support Services

Ex. SEC-19-006

Proclamation 10131

Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak

President of the United States, United States (Federal)

Dates: In force from Dec. 31, 2020 to Mar. 31, 2021
Quarters: 2020 Q42021 Q1
Limitations: Travel and quarantineSupply chain
Functions reached: LS; HR; PL
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

'Sec. 4. Termination. This proclamation shall expire on March 31, 2021, and may be continued as necessary.'... 'Sec. 6. Termination. This proclamation shall expire on March 31, 2021, and may be continued as necessary.'

Enforcement: As in 10052

Citation: President of the United States, Proclamation 10131 (Dec. 31, 2020) (Ex. SEC-19-006) Open the exhibit

Continuing in force from an earlier quarter of this report (5 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-19-014	Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. SEC-19-014)	In force from June 1, 2020 to Oct. 2, 2020	Business closureTelework mandateGathering capWorkplace rules
Ex. SEC-19-004	President of the United States, Proclamation 10014 (Apr. 22, 2020) (Ex. SEC-19-004)	In force from Apr. 23, 2020 to Mar. 31, 2021 (issued Apr. 22, 2020)	Travel and quarantine
Ex. SEC-19-015	Department of Human Services (Office of Children, Youth and Families), with the Commonwealth's fingerprint vendor IdentoGO (IDEMIA), Fingerprinting FAQs (May 15, 2020) (Ex. SEC-19-015)	In force from May 15, 2020 to Dec. 31, 2020	Courts and public officesOther
Ex. SEC-19-005	President of the United States, Proclamation 10052 (June 22, 2020) (Ex. SEC-19-005)	In force from June 24, 2020 to Mar. 31, 2021 (issued June 22, 2020)	Travel and quarantineSupply chain
Ex. SEC-19-041	Congress (CARES Act sec. 2104, as amended by the Continued Assistance for Unemployed Workers Act of 2020 and ARPA sec. 9013), 15 U.S.C. 9023 (Federal Pandemic Unemployment Compensation) (Mar. 27, 2020) (Ex. SEC-19-041)	In force from July 31, 2020 to Sept. 6, 2021 (issued Mar. 27, 2020)	Other

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

Federal layer

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-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-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):

Exhibit	Citation	Dates	Limitations
Ex. FED-268	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)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-290	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)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-073	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)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-325	U.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-168	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)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	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)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-031	Centers 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, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-303	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	In force from Nov. 25, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-010	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)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President 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-180	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)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	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)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President 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-160	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)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary 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, 2021	Emergency declarationSupply chain
Ex. FED-201	President 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-096	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)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	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)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	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)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-367	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	In force from Mar. 16, 2020 to Apr. 1, 2021	Other
Ex. FED-194	HHS 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)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain

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 Staffing and Support Services

Ex. SEC-19-029

16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (permanent standard)

16VAC25-220 (permanent standard adopted Jan. 13, 2021; effective Jan. 27, 2021; amended effective Sept. 8, 2021; repealed effective Mar. 23, 2022)

Virginia Safety and Health Codes Board (Department of Labor and Industry), Virginia (State)

Dates: In force from Jan. 27, 2021 to Mar. 23, 2022
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Workplace rules
Functions reached: PL, JS, SG, CC at every Virginia workplace (cleaning and disinfection, distancing, screening, notification); OP; HR
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

[Dates only from this exhibit:] '16VAC25-220-10... eff. September 8, 2021; repealed, Virginia Register Volume 38, Issue 17, eff. March 23, 2022.' [Operative text from the ETS, Ex. SEC-12-063: hazard assessment, exposure classification, employee notification, return-to-work, PPE, physical distancing, cleaning and disinfection (16VAC25-220-40, -50, -60, -70).]

Enforcement: Va. Code 40.1-49.4 citations and penalties

Citation: Virginia Safety and Health Codes Board (Department of Labor and Industry), 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (permanent standard) (Jan. 27, 2021) (Ex. SEC-19-029) Open the exhibit

Ex. SEC-19-007

Proclamation 10149

Revoking Proclamation 10014

President of the United States, United States (Federal)

Dates: In force from Feb. 24, 2021 to Mar. 31, 2021
Quarters: 2021 Q1
Limitations: Travel and quarantine
Functions reached: HR (fixes the end date of the immigrant suspension; the nonimmigrant H-2B suspension in sec. 2 of 10052 ran to Mar. 31, 2021)
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

Section 1. Revocation. Proclamation 10014, section 1 of Proclamation 10052, and section 1 of Proclamation 10131 are revoked.

Enforcement: n/a

Citation: President of the United States, Proclamation 10149 (Feb. 24, 2021) (Ex. SEC-19-007) Open the exhibit

Continuing in force from an earlier quarter of this report (4 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-19-004	President of the United States, Proclamation 10014 (Apr. 22, 2020) (Ex. SEC-19-004)	In force from Apr. 23, 2020 to Mar. 31, 2021 (issued Apr. 22, 2020)	Travel and quarantine
Ex. SEC-19-005	President of the United States, Proclamation 10052 (June 22, 2020) (Ex. SEC-19-005)	In force from June 24, 2020 to Mar. 31, 2021 (issued June 22, 2020)	Travel and quarantineSupply chain
Ex. SEC-19-041	Congress (CARES Act sec. 2104, as amended by the Continued Assistance for Unemployed Workers Act of 2020 and ARPA sec. 9013), 15 U.S.C. 9023 (Federal Pandemic Unemployment Compensation) (Mar. 27, 2020) (Ex. SEC-19-041)	In force from July 31, 2020 to Sept. 6, 2021 (issued Mar. 27, 2020)	Other
Ex. SEC-19-006	President of the United States, Proclamation 10131 (Dec. 31, 2020) (Ex. SEC-19-006)	In force from Dec. 31, 2020 to Mar. 31, 2021	Travel and quarantineSupply chain

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

Federal layer

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-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-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 (31 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-268	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)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-270	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)	In force from Jan. 24, 2021 to June 10, 2021	Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-290	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)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-073	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)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-325	U.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-168	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)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	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)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-031	Centers 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, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-062	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	In force from Jan. 21, 2021 to Sept. 30, 2021	Workplace rules
Ex. FED-020	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)	In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-050	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)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-053	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)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-054	Transportation 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-055	Transportation 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-082	OSHA, 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, 2021	Workplace rules
Ex. FED-280	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)	In force from Mar. 15, 2021 to Sept. 30, 2021	Travel and quarantineWorkplace rules
Ex. FED-305	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	In force from Mar. 17, 2021 to June 1, 2021	Business closureCourts and public offices
Ex. FED-008	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)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	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)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President 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-180	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)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	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)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President 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-160	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)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary 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, 2021	Emergency declarationSupply chain
Ex. FED-201	President 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-096	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)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	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)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders

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 Staffing and Support Services

Ex. SEC-19-009

COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502,.504,.505,.509

Occupational Exposure to COVID-19; Emergency Temporary Standard

Department of Labor, Occupational Safety and Health Administration, United States (Federal)

Dates: In force from June 21, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: JS janitorial and housekeeping contracts in hospitals, clinics, nursing homes and home health settings (the standard names 'housekeeping services'); PL nurse, aide, technician and food-service placements at health care client sites; SG security posts in covered settings (setting-based scope); HR screening, vaccination leave, medical removal; OP written plan, recordkeeping, reporting
Grade: Primary source read
Days in this quarter: 10 (in force on the last day)

(a) Scope and application. (1) Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.... Healthcare support services means services that facilitate the provision of healthcare services. Healthcare support services include patient intake/admission, patient food services, equipment and facility maintenance, housekeeping services, healthcare laundry services, medical waste handling services, and medical equipment cleaning/reprocessing services.... (c) COVID-19 plan. (1) The employer must develop and implement a COVID-19 plan for each workplace.... (j) Cleaning and disinfection. (1) In patient care areas, resident rooms, and for medical devices and equipment, the employer must follow standard practices for cleaning and disinfection

Enforcement: OSH Act sec. 17 citations and penalties; OSHA inspections under the NEP

Citation: Department of Labor, Occupational Safety and Health Administration, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502,.504,.505,.509 (June 21, 2021) (Ex. SEC-19-009) Open the exhibit

Ex. SEC-19-008

Temporary final rule, 8 C.F.R. 214.2(h) and 20 C.F.R. 655 (FY 2021 H-2B supplemental cap)

Exercise of Time-Limited Authority To Increase the Fiscal Year 2021 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program and Portability Flexibility for H-2B Workers Seeking To Change Employers

Department of Homeland Security (USCIS) and Department of Labor (ETA), United States (Federal)

Dates: In force from May 25, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Travel and quarantineSupply chain
Functions reached: LS landscaping seasonal labor (the program's largest user); HR; PL hospitality and amusement placements
Grade: Primary source read
Days in this quarter: 37 (in force on the last day)

The 22,000 visas are divided into two allocations: 16,000 visas limited to returning workers... 6,000 visas reserved for nationals of the Northern Central American countries of Honduras, El Salvador, and Guatemala... through the end of the second half of FY 2021

Enforcement: Petition adjudication, attestation of irreparable harm, DOL and DHS audit

Citation: Department of Homeland Security (USCIS) and Department of Labor (ETA), Temporary final rule, 8 C.F.R. 214.2(h) and 20 C.F.R. 655 (FY 2021 H-2B supplemental cap) (May 25, 2021) (Ex. SEC-19-008) Open the exhibit

Continuing in force from an earlier quarter of this report (2 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-19-029	Virginia Safety and Health Codes Board (Department of Labor and Industry), 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (permanent standard) (Jan. 27, 2021) (Ex. SEC-19-029)	In force from Jan. 27, 2021 to Mar. 23, 2022	Workplace rules
Ex. SEC-19-041	Congress (CARES Act sec. 2104, as amended by the Continued Assistance for Unemployed Workers Act of 2020 and ARPA sec. 9013), 15 U.S.C. 9023 (Federal Pandemic Unemployment Compensation) (Mar. 27, 2020) (Ex. SEC-19-041)	In force from July 31, 2020 to Sept. 6, 2021 (issued Mar. 27, 2020)	Other

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):

Exhibit	Citation	Dates	Limitations
Ex. FED-271	Office 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, 2021	Telework mandateFace-covering requirementWorkplace rules
Ex. FED-290	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)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-073	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)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-325	U.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-168	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)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	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)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-031	Centers 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, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-062	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	In force from Jan. 21, 2021 to Sept. 30, 2021	Workplace rules
Ex. FED-020	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)	In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-082	OSHA, 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, 2021	Workplace rules
Ex. FED-280	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)	In force from Mar. 15, 2021 to Sept. 30, 2021	Travel and quarantineWorkplace rules
Ex. FED-156	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)	In force from Apr. 27, 2021 to Nov. 12, 2021	Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-032	Centers 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, 2021	Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-051	Transportation 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-094	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)	In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)	Health care ordersWorkplace rulesVaccination or testing
Ex. FED-163	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)	In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)	Health care ordersWorkplace rulesVaccination or testing
Ex. FED-297	Chief 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, 2021	Courts and public officesWorkplace rulesVaccination or testing
Ex. FED-080	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)	In force from June 21, 2021 to Dec. 27, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-081	OSHA, 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, 2021	Health care ordersWorkplace rules
Ex. FED-008	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)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	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)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President 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-180	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)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	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)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President 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-160	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)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary 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, 2021	Emergency declarationSupply chain
Ex. FED-201	President 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-096	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)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health 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 Staffing and Support Services

Ex. SEC-19-019

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

Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

Department of Labor, OSHA, United States (Federal)

Dates: In force from July 7, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rules
Functions reached: PL temporary help placements (the targeted industry); HR; OP
Grade: Primary source read
Days in this quarter: 86 (in force on the last day)

Some industries within Appendix A, Table 1, i.e., Offices of Physicians... and within Appendix A, Table 2, Postal Service NAICS 49910, Temporary Help Services NAICS 561320, Full-Service Restaurants... are not automatically included in the ListGen Infogroup. OSA has excluded these NAICS to avoid overwhelming Master Lists with the high numbers of establishments within those sectors. Area offices may continue to use discretion based on local information pertaining to COVID-19-related workplace exposures... several targeted industries for the COVID-19 NEP listed in Appendix A were on the annual appropriations exemption list... such as... NAICS 561320 Temporary Help Services

Enforcement: Programmed inspections; citations under the general duty clause and applicable standards

Citation: Department of Labor, OSHA, Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. SEC-19-019) Open the exhibit

Ex. SEC-19-024

State Public Health Officer Order of August 5, 2021

Health Care Worker Vaccine Requirement

State Public Health Officer (California Department of Public Health), California (State)

Dates: In force from Aug. 5, 2021 to Dec. 22, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: PL health care placements; JS housekeeping contracts in facilities; SG facility security contractors; HR
Grade: Confirmed from a secondary source
Days in this quarter: 57 (in force on the last day)

[As issued Aug. 5, 2021 (terms verified from secondary sources; the saved page is the issuer's current text reflecting later amendments):] all workers who provide services or work in [covered] facilities... must have their first dose... by September 30, 2021 be fully vaccinated... 'Worker' includes all paid and unpaid individuals who work in indoor settings where care is provided to patients or patients have access, including... contractors

Enforcement: Health and Safety Code sec. 120275 et seq.; licensing enforcement

Citation: State Public Health Officer (California Department of Public Health), State Public Health Officer Order of August 5, 2021 (Aug. 5, 2021) (Ex. SEC-19-024) Open the exhibit

Ex. SEC-19-027

Executive Order No. 252

Vaccination or testing requirement for workers in health care and high-risk congregate settings

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Aug. 6, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: JS custodial contractors in covered settings ('individuals providing operational or custodial services'); PL health care and congregate-care placements; SG security at covered settings; HR; OP administrative support placed in covered settings
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

1. Covered health care and high-risk congregate settings ('covered settings') must maintain a policy that requires covered workers to either provide adequate proof that they have been fully vaccinated or submit to COVID-19 testing at minimum one to two times weekly. This requirement shall take effect on September 7, 2021... 6. 'covered workers' shall include employees, both full- and part-time, contractors, and other individuals working in covered settings, including individuals providing operational or custodial services or administrative support.

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

Citation: Governor Philip D. Murphy, Executive Order No. 252 (Aug. 6, 2021) (Ex. SEC-19-027) Open the exhibit

Ex. SEC-19-042

State Public Health Officer Order of August 11, 2021

Vaccine Verification for Workers in Schools

State Public Health Officer (CDPH), California (State)

Dates: In force from Aug. 12, 2021 to Sept. 30, 2021 (issued Aug. 11, 2021)
Quarters: 2021 Q3
Limitations: Schools and child careWorkplace rulesVaccination or testing
Functions reached: PL substitute-teacher, aide and school-support placements; JS school custodial contractors; SG campus security contractors; HR verification and weekly testing; WF
Grade: Primary source read
Days in this quarter: 50 (in force on the last day)

II. All schools identified in this Order must verify vaccine status of all workers.... B. Schools must have a plan in place for tracking verified worker vaccination status.... C. Workers who are not fully vaccinated, or for whom vaccine status is unknown or documentation is not provided, must be considered unvaccinated.... A. Asymptomatic unvaccinated or incompletely vaccinated workers are required to undergo diagnostic screening testing.... unvaccinated or incompletely vaccinated workers must be tested at least once weekly

Enforcement: Health and Safety Code sec. 120275 et seq.

Citation: State Public Health Officer (CDPH), State Public Health Officer Order of August 11, 2021 (Aug. 11, 2021) (Ex. SEC-19-042) Open the exhibit

Ex. SEC-19-016

Emergency Executive Order No. 225

Key to NYC: Requiring COVID-19 Vaccination for Indoor Entertainment, Recreation, Dining and Fitness Settings

Mayor Bill de Blasio, New York City (City)

Dates: In force from Aug. 17, 2021 to Mar. 7, 2022 (issued Aug. 16, 2021)
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: SG security staff posted at covered premises (vaccination-proof for staff; proof-checking at the door as a compelled modification); JS cleaning contractors at covered premises; PL hospitality and event placements; HR vaccination status of placed workers; CB venue clients
Grade: Primary source read
Days in this quarter: 45 (in force on the last day)

Section 1. I hereby order that a covered entity shall not permit a patron, full- or part-time employee, intern, volunteer, or contractor to enter a covered premises without displaying proof of vaccination and identification bearing the same identifying information as the proof of vaccination.... 5.... a. 'Contractor' means the owner and/or employees of any business that a covered entity has hired to perform work within a covered premise, except that it shall not include nonresident owners and/or employees.

Enforcement: DOHMH inspection; civil penalties under the Health Code and Administrative Code (from Sept. 13, 2021)

Citation: Mayor Bill de Blasio, Emergency Executive Order No. 225 (Aug. 16, 2021) (Ex. SEC-19-016) Open the exhibit

Ex. SEC-19-025

Proclamation 21-14.1

COVID-19 Vaccination Requirement (amending 21-14; adding health care providers and educational settings)

Governor Jay Inslee, Washington (State)

Dates: In force from Aug. 20, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: PL placements at State agencies, schools, colleges, child care and health care settings; JS janitorial contractors on State and school premises; SG security contractors on State and school premises; HR
Grade: Primary source read
Days in this quarter: 42 (in force on the last day)

I issued Proclamation 21-14 requiring all employees, on-site independent contractors, volunteers, goods and services providers, and appointees of designated state agencies to be fully vaccinated against COVID-19 on or before October 18, 2021... 1. Prohibitions. This order prohibits the following: a. Any Worker from engaging in work for a State Agency after October 18, 2021 if the Worker has not been fully vaccinated against COVID-19;... c. Any Worker from engaging in work for the operator of an Educational Setting after October 18, 2021 if the Worker has not been fully vaccinated against COVID-19;... e. Any Health Care Provider from failing to be fully vaccinated against COVID-19 after October 18, 2021

Enforcement: RCW 43.06.220(5) gross misdemeanor

Citation: Governor Jay Inslee, Proclamation 21-14.1 (Aug. 20, 2021) (Ex. SEC-19-025) Open the exhibit

Ex. SEC-19-023

10 NYCRR 2.61 (emergency regulation adopted Aug. 26, 2021)

Prevention of COVID-19 Transmission by Covered Entities (health care worker vaccination)

New York State Department of Health, Public Health and Health Planning Council (emergency regulation), New York (State)

Dates: In force from Aug. 26, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: PL nurse, aide and technician placements at every covered entity ('contract staff'); JS housekeeping contractors' personnel in covered entities; SG security contractors' personnel in covered entities; HR vaccination status as a condition of placement; CB health care clients
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

(2) 'Personnel,' for the purposes of this section, shall mean all persons employed or affiliated with a covered entity, whether paid or unpaid, including but not limited to employees, members of the medical and nursing staff, contract staff, students, and volunteers, who engage in activities such that if they were infected with COVID-19, they could potentially expose other covered personnel, patients or residents to the disease.... (c) Covered entities shall continuously require personnel to be fully vaccinated against COVID-19, with the first dose for current personnel received by September 27, 2021 for general hospitals and nursing homes, and by October 7, 2021 for all other covered entities

Enforcement: Public Health Law sec. 12 civil penalties; licensure enforcement

Citation: New York State Department of Health, Public Health and Health Planning Council (emergency regulation), 10 NYCRR 2.61 (emergency regulation adopted Aug. 26, 2021) (Ex. SEC-19-023) Open the exhibit

Ex. SEC-19-026

Executive Order 2021-20 (COVID-19 Executive Order No. 87)

Executive Order regarding face coverings and vaccination requirements for health care workers, school personnel and higher education

Governor JB Pritzker, Illinois (State)

Dates: In force from Aug. 30, 2021 to Feb. 28, 2022 (issued Aug. 26, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesVaccination or testing
Functions reached: PL health care and school placements ('employed by an entity that is contracted to provide services to a Health Care Facility'); JS janitorial contractors in facilities and schools; SG; HR; CC/OP masks in every indoor workplace open to the public from Aug. 30
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... shall be required to cover their nose and mouth with a face covering when in an indoor public place.... Section 2:... 'Health Care Worker' means any person who (1) is employed by, volunteers for, or is contracted to provide services for a Health Care Facility, or is employed by an entity that is contracted to provide services to a Health Care Facility, and (2) is in close contact (fewer than 6 feet) with other persons in the facility for more than 15 minutes at least once a week on a regular basis... c. Health Care Facilities shall exclude Health Care Workers who are not fully vaccinated against COVID-19 from the premises unless they comply with the testing requirements specified in Subsection…

Enforcement: 20 ILCS 3305/7; IDPH licensure enforcement

Citation: Governor JB Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. SEC-19-026) Open the exhibit

Ex. SEC-19-010

Executive Order 14042

Ensuring Adequate COVID Safety Protocols for Federal Contractors

President of the United States, United States (Federal)

Dates: In force from Sept. 9, 2021 to Dec. 7, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: PL, JS, SG at federal facilities and on federal service contracts; HR vaccination status of covered contractor employees
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

Sec. 2.... agencies... shall, to the extent permitted by law, ensure that contracts and contract-like instruments... include a clause that the contractor and any subcontractors (at any tier) shall incorporate into lower-tier subcontracts. This clause shall specify that the contractor or subcontractor shall, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force... (b) By September 24, 2021, the Safer Federal Workforce Task Force... shall, as part of its issuance of Task Force Guidance, provide definitions of relevant terms for contractors and subcontractors

Enforcement: Contract clause; termination and debarment remedies

Citation: President of the United States, Executive Order 14042 (Sept. 9, 2021) (Ex. SEC-19-010) Open the exhibit

Ex. SEC-19-020

COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors

COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021)

Safer Federal Workforce Task Force, United States (Federal)

Dates: In force from Sept. 24, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Functions reached: PL, JS, SG on federal service contracts and at contractor workplaces; HR vaccination and masking of covered contractor employees; OP
Grade: Primary source read
Days in this quarter: 7 (in force on the last day)

These workplace safety protocols will apply to all covered contractor employees, including contractor or subcontractor employees in covered contractor workplaces who are not working on a Federal Government contract or contract-like instrument.... 1. COVID-19 vaccination of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation. 2. Compliance by individuals, including covered contractor employees and visitors, with the Guidance related to masking and physical distancing while in covered contractor workplaces... Covered contractor employee - means any full-time or part-time employee of a covered contractor working on or in connection with a covered contract or working at a covered contractor workplace. This includes employees of covered contractors who are not themselves working on or in connection with a covered contract.

Enforcement: Contract clause (FAR deviation); contracting officer remedies

Citation: Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021) (Ex. SEC-19-020) Open the exhibit

Continuing in force from an earlier quarter of this report (4 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-19-029	Virginia Safety and Health Codes Board (Department of Labor and Industry), 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (permanent standard) (Jan. 27, 2021) (Ex. SEC-19-029)	In force from Jan. 27, 2021 to Mar. 23, 2022	Workplace rules
Ex. SEC-19-009	Department of Labor, Occupational Safety and Health Administration, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502,.504,.505,.509 (June 21, 2021) (Ex. SEC-19-009)	In force from June 21, 2021 to Dec. 27, 2021	Health care ordersWorkplace rules
Ex. SEC-19-041	Congress (CARES Act sec. 2104, as amended by the Continued Assistance for Unemployed Workers Act of 2020 and ARPA sec. 9013), 15 U.S.C. 9023 (Federal Pandemic Unemployment Compensation) (Mar. 27, 2020) (Ex. SEC-19-041)	In force from July 31, 2020 to Sept. 6, 2021 (issued Mar. 27, 2020)	Other
Ex. SEC-19-008	Department of Homeland Security (USCIS) and Department of Labor (ETA), Temporary final rule, 8 C.F.R. 214.2(h) and 20 C.F.R. 655 (FY 2021 H-2B supplemental cap) (May 25, 2021) (Ex. SEC-19-008)	In force from May 25, 2021 to Sept. 30, 2021	Travel and quarantineSupply chain

Third quarter of 2021: the instruments in force, Staffing and Support Services (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):

SEC-19-009 OSHA Healthcare ETS 29 CFR 1910.502 (June 21 - Dec. 27, 2021)
SEC-19-019 OSHA DIR 2021-03 revised NEP (July 7, 2021; NAICS 561320 targeted; posture)
SEC-19-010 EO 14042 (Sept. 9, 2021)
SEC-19-020 SFWTF contractor guidance (Sept. 24, 2021)
SEC-12-075 / SEC-12-077 SFWTF on-site contractor attestation (July 29, 2021)
SEC-19-008 DHS/DOL FY2021 H-2B rule (May 25 - Sept. 30, 2021)
SEC-19-041 15 U.S.C. 9023 FPUC $300 (to Sept. 6, 2021, as extended by ARPA sec. 9013; extension graded verified_secondary)
SEC-19-023 NY 10 NYCRR 2.61 (Aug. 26, 2021)
SEC-19-027 / NJ-056 NJ EO 252 (Aug. 6; eff. Sept. 7, 2021)
NJ-058 NJ EO 264 (Sept. 20, 2021; masking Sept. 24)
SEC-19-026 IL EO 2021-20 (Aug. 26, 2021; masks Aug. 30)
SEC-19-024 CDPH HCW order (Aug. 5, 2021)
SEC-19-042 CDPH school-worker order (Aug. 11, 2021)
SEC-19-025 WA Proclamation 21-14.1 (Aug. 20, 2021) and SEC-12-074 21-14 (Aug. 9, 2021)
OR-047 OR EO 21-29 (Aug. 13, 2021)
SEC-12-081 OR-OSHA AO 10-2021 masks (Aug. 13, 2021)
SEC-19-016 NYC EEO 225 Key to NYC (Aug. 16, 2021)
KS-052 KDHE adult care home testing order (June 18, 2021)
SEC-10-041 Cal/OSHA 8 CCR 3205 readopted (June 17, 2021)
SEC-19-029 / SEC-12-063 Virginia 16VAC25-220 (permanent from Jan. 27, 2021; amended Sept. 8, 2021)
SEC-12-066 Oregon OAR 437-001-0744 permanent (May 4, 2021)
SEC-10-031 NY HERO Act designation (Sept. 6, 2021)
FED-A CDC conveyance order 86 Fed. Reg. 8025 and TSA SD 1582/84-21-01A
FED-A CMS-3401-IFC 42 C.F.R. 483.80(h) staff testing incl. individuals providing services under arrangement
State and local Delta-wave mask orders (NV Directive 047 July 30; LA Aug. 4; OR Aug. 13; NM Aug. 17; WA Aug. 23; IL Aug. 30; HI; DC July 31; LA County July 17; Bay Area Aug. 3; Philadelphia Aug. 12; New Orleans Aug. 16; others per State and metro files)
School masking and staff-vaccination orders of Aug.-Sept. 2021 (PA Aug. 31; KY EO 2021-585; NM-068 Aug. 17; CA Aug. 11; WA 21-14.1; IL EO 2021-20; NJ EO 253 Aug. 23; OR; MA DESE Aug. 25)

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/staffing-support-services.

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.

Date	Organizer	Event	What the notice said	Exhibit
Feb. 4, 2020	American Staffing Association	Staffing World 2020 (ASA annual convention and expo)	'Come together with the staffing community in an innovative new virtual reality environment... It's as close to an in-person event as it gets!'; sessions on 'the post-Covid-19 workplace' (organizer site as archived Sept. 28, 2020, Ex. SEC-19-GM-027)	Ex. SEC-19-GM-028
Mar. 6, 2020	Reed Exhibitions (RX) with the Security Industry Association	ISC West 2020	Mar. 6: 'It is imperative that we maintain our commitment to prioritize the health and safety of everyone involved with ISC West' (Will Wise, Reed Exhibitions) (Ex. SEC-19-GM-004); Apr. 9: 'Considering the escalation of COVID-19, travel and social distancing restrictions, and the economic impact over the past five…	Ex. SEC-19-GM-004
Mar. 17, 2020	The Experience Inc. (Experience Events)	The Experience Conference & Exhibition 2020 (cleaning and restoration)	Cancelled after Ohio 'issued a series of statewide orders to enforce social distancing,' including the ban on gatherings of more than 100 persons (Cleanfax, Mar. 17, 2020, Ex. SEC-19-GM-016)	Ex. SEC-19-GM-016
Mar. 28, 2020	Trade Press Media Group (CleanLink) with ISSA (CBE); Trade Press Media Group (NFMT)	Clean Buildings Expo 2020 and NFMT (National Facilities Management & Technology) 2020	'NFMT Baltimore & Clean Buildings Expo Shows Have Been Rescheduled... The National Facilities Management and Technology (NFMT) Conference and Expo and Clean Buildings Expo (CBE) show management team wishes to express our deepest concerns for everyone impacted by the COVID-19 coronavirus. We have monitored the situation…	Ex. SEC-19-GM-033
Apr. 9, 2020	Reed Exhibitions (RX) with the Security Industry Association	ISC West 2020	Mar. 6: 'It is imperative that we maintain our commitment to prioritize the health and safety of everyone involved with ISC West' (Will Wise, Reed Exhibitions) (Ex. SEC-19-GM-004); Apr. 9: 'Considering the escalation of COVID-19, travel and social distancing restrictions, and the economic impact over the past five…	Ex. SEC-19-GM-005
Apr. 13, 2020	Electronic Security Association	ESX 2020 (Electronic Security Expo)	'We are unable to reschedule ESX in 2020 due to the unavailability of the venue during a time which makes sense for our attendees' (SDM, Apr. 13, 2020, Ex. SEC-19-GM-020)	Ex. SEC-19-GM-020
Apr. 22, 2020	AmericanHort	Cultivate'20 (AmericanHort)	'Continuing uncertainty around the COVID-19 pandemic'; 'We're excited to provide a safe and innovative environment where the horticulture industry can still come together' (Ken Fisher, AmericanHort President and CEO) (Ex. SEC-19-GM-015)	Ex. SEC-19-GM-015
May 5, 2020	National Association of Landscape Professionals	NALP Renewal & Remembrance 2020 (Arlington National Cemetery) and Legislative Days 2020 (Washington, D.C.)	'NALP recently made the difficult decision to cancel Renewal & Remembrance and Legislative Days for 2020 due to COVID-19' (May 5, 2020, Ex. SEC-19-GM-022); 'Arlington National Cemetery was closed to the public'; 'It wasn't the same this year - not even close - we miss all our 400 volunteers' (July 22, 2020, Ex.…	Ex. SEC-19-GM-022
May 31, 2020	AmericanHort	Cultivate'20 (AmericanHort)	'Continuing uncertainty around the COVID-19 pandemic'; 'We're excited to provide a safe and innovative environment where the horticulture industry can still come together' (Ken Fisher, AmericanHort President and CEO) (Ex. SEC-19-GM-015)	Ex. SEC-19-GM-026
June 22, 2020	ASIS International	GSX 2020 (Global Security Exchange)	ASIS stated that the decision followed its evaluation of what convening 20,000 professionals from across the globe during the COVID-19 pandemic would mean for members, attendees, speakers, exhibitors and the public; the virtual model would 'provide members, exhibitors, sponsors and others with a one-of-a-kind approach…	Ex. SEC-19-GM-009
June 25, 2020	Reed Exhibitions (RX) with the Security Industry Association	ISC West 2020	Mar. 6: 'It is imperative that we maintain our commitment to prioritize the health and safety of everyone involved with ISC West' (Will Wise, Reed Exhibitions) (Ex. SEC-19-GM-004); Apr. 9: 'Considering the escalation of COVID-19, travel and social distancing restrictions, and the economic impact over the past five…	Ex. SEC-19-GM-006
July 22, 2020	National Association of Landscape Professionals	NALP Renewal & Remembrance 2020 (Arlington National Cemetery) and Legislative Days 2020 (Washington, D.C.)	'NALP recently made the difficult decision to cancel Renewal & Remembrance and Legislative Days for 2020 due to COVID-19' (May 5, 2020, Ex. SEC-19-GM-022); 'Arlington National Cemetery was closed to the public'; 'It wasn't the same this year - not even close - we miss all our 400 volunteers' (July 22, 2020, Ex.…	Ex. SEC-19-GM-023
Aug. 4, 2020	Mid-Atlantic Nursery Trade Show (Maryland, Virginia and West Virginia nursery and landscape associations)	MANTS 2021 (Mid-Atlantic Nursery Trade Show)	'The health and safety of our exhibitors and attendees is our primary focus' (Vanessa Finney, Executive Vice President); the Baltimore Convention Center was 'functioning as a 250-bed Maryland state COVID-19 field hospital since April through end of December' and Maryland's 'ongoing restrictions on large indoor…	Ex. SEC-19-GM-014
Aug. 13, 2020	Reed Exhibitions (RX) with the Security Industry Association	ISC East 2020	Cancelled 'due to the ongoing impact of COVID-19, and continued restrictions on large events' (SDM, Sept. 2, 2020, Ex. SEC-19-GM-019); in August the organizer had said it would follow 'guidance provided by New York State and the Javits Center' (Ex. SEC-19-GM-011)	Ex. SEC-19-GM-011
Aug. 13, 2020	LRP Media Group / Human Resource Executive	HR Technology Conference & Exposition 2020	'In this world where things are changing daily and what you did before doesn't necessarily fit today... in 2020, HR Tech is pivoting into an exciting new virtual experience that is FREE for anyone to attend!' (Ex. SEC-19-GM-032)	Ex. SEC-19-GM-032
Aug. 17, 2020	ISSA (The Worldwide Cleaning Industry Association) with Informa Markets	ISSA Show North America 2020	'ISSA Show North America announced today the show will move to a fully virtual event over the same dates, November 16-19' and 'Our mission statement doesn't change as we connect as a united industry this November' (Lindsay Roberts, Group Director) (Ex. SEC-19-GM-012); 'We knew a virtual event would never replace the…	Ex. SEC-19-GM-012
Sept. 2, 2020	Reed Exhibitions (RX) with the Security Industry Association	ISC East 2020	Cancelled 'due to the ongoing impact of COVID-19, and continued restrictions on large events' (SDM, Sept. 2, 2020, Ex. SEC-19-GM-019); in August the organizer had said it would follow 'guidance provided by New York State and the Javits Center' (Ex. SEC-19-GM-011)	Ex. SEC-19-GM-019
Sept. 11, 2020	The Experience Inc. (Experience Events)	The Experience Convention & Trade Show 2020 (cleaning and restoration)	'The Governor of Nevada currently will not allow any meetings over 50 attendees to take place' and 'We are aware that attendees and exhibitors have expressed that they want to meet-safely-in person' (Jennifer Wilkinson, show manager) (Ex. SEC-19-GM-017)	Ex. SEC-19-GM-017
Sept. 28, 2020	American Staffing Association	Staffing World 2020 (ASA annual convention and expo)	'Come together with the staffing community in an innovative new virtual reality environment... It's as close to an in-person event as it gets!'; sessions on 'the post-Covid-19 workplace' (organizer site as archived Sept. 28, 2020, Ex. SEC-19-GM-027)	Ex. SEC-19-GM-027
Oct. 20, 2020	National Association of Landscape Professionals	LANDSCAPES 2020 (NALP annual conference, co-located with GIE+EXPO)	Made virtual 'following postponement of 2020 GIE+EXPO' (Landscape Management, Ex. SEC-19-GM-002); NALP's own post of Oct. 20, 2020 records the virtual sessions (Ex. SEC-19-GM-024)	Ex. SEC-19-GM-024
Nov. 12, 2020	Reed Exhibitions (RX) with the Security Industry Association	ISC West 2021	Hybrid model adopted; Reed's Health & Safety Task Force committed to 'hygiene, ventilation, physical distancing, PPE, and health tech systems' (Security Sales & Integration, Nov. 12, 2020, Ex. SEC-19-GM-007)	Ex. SEC-19-GM-007
Dec. 3, 2020	Illinois Landscape Contractors Association (Landscape Illinois)	iLandscape 2021 (Illinois Landscape Contractors Association)	'Due to the ongoing pandemic and the State of Illinois guidelines, we are not able to have iLandscape 2021 at the Renaissance Schaumburg Convention Center in Schaumburg, IL... Introducing iLandscape365!' and 'The eighth annual show will be hosted virtually on February 3-4, 2021' (Ex. SEC-19-GM-029)	Ex. SEC-19-GM-029
Dec. 9, 2020	ISSA (The Worldwide Cleaning Industry Association) with Informa Markets	ISSA Show North America 2020	'ISSA Show North America announced today the show will move to a fully virtual event over the same dates, November 16-19' and 'Our mission statement doesn't change as we connect as a united industry this November' (Lindsay Roberts, Group Director) (Ex. SEC-19-GM-012); 'We knew a virtual event would never replace the…	Ex. SEC-19-GM-025
Dec. 10, 2020	ISSA (The Worldwide Cleaning Industry Association) with Informa Markets	ISSA Show North America 2020	'ISSA Show North America announced today the show will move to a fully virtual event over the same dates, November 16-19' and 'Our mission statement doesn't change as we connect as a united industry this November' (Lindsay Roberts, Group Director) (Ex. SEC-19-GM-012); 'We knew a virtual event would never replace the…	Ex. SEC-19-GM-013
Mar. 30, 2021	U.S. Chamber of Commerce Foundation, Hiring Our Heroes	Hiring Our Heroes hiring fairs and career summits (nationwide; on and near military installations)	'How would job seekers connect with employers if they weren't shaking hands, exchanging business cards, and delivering elevator pitches at hiring events?' and 'Transition is tough, and it was made tougher with the pandemic' (Eric Eversole, President) (Ex. SEC-19-GM-018); installation access limited under COVID-19…	Ex. SEC-19-GM-018
June 21, 2021	Electronic Security Association	ESX 2020 (Electronic Security Expo)	'We are unable to reschedule ESX in 2020 due to the unavailability of the venue during a time which makes sense for our attendees' (SDM, Apr. 13, 2020, Ex. SEC-19-GM-020)	Ex. SEC-19-GM-021
July 23, 2021	Reed Exhibitions (RX) with the Security Industry Association	ISC West 2021	Hybrid model adopted; Reed's Health & Safety Task Force committed to 'hygiene, ventilation, physical distancing, PPE, and health tech systems' (Security Sales & Integration, Nov. 12, 2020, Ex. SEC-19-GM-007)	Ex. SEC-19-GM-008
Sept. 30, 2021	ASIS International	GSX 2021	Security Sales & Integration, "ASIS Proclaims 8,600 Global Registrants for Hybrid GSX 2021" (Sept. 30, 2021)	Ex. SEC-19-GM-010
Oct. 13, 2021	Outdoor Power Equipment Institute with the National Association of Landscape Professionals and Hardscape North America partners	GIE+EXPO 2020 (Green Industry & Equipment Expo)	'Due to the ongoing coronavirus pandemic and continued regulatory uncertainty'; 'The health and safety of our attendees and exhibitors is critical, and it is with profound regret that we announce the cancellation of our 2020 event' (Kris Kiser, OPEI President and CEO) (Ex. SEC-19-GM-001)	Ex. SEC-19-GM-003
Dec. 20, 2021	American Staffing Association	Staffing World 2020 (ASA annual convention and expo)	'Come together with the staffing community in an innovative new virtual reality environment... It's as close to an in-person event as it gets!'; sessions on 'the post-Covid-19 workplace' (organizer site as archived Sept. 28, 2020, Ex. SEC-19-GM-027)	Ex. SEC-19-GM-034

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 Staffing and Support Services 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 197 instruments in force for this selection: 18 instruments from the regulators of Staffing and Support Services (Governor Gretchen Whitmer, Executive Order 2020-59 (Apr. 24, 2020) (Ex. SEC-19-011); Governor Gretchen Whitmer, Executive Order 2020-70 (May 1, 2020) (Ex. SEC-19-043); Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. SEC-19-014); and 15 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); 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); Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266); 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 Staffing and Support Services industry, as the Library records them: placements at client sites (PL; Ex. SEC-19-043, Ex. SEC-19-014, Ex. SEC-19-012, Ex. SEC-19-035 and 7 more); recruiting, onboarding, drug testing and fingerprinting (RC; Ex. SEC-19-032, Ex. SEC-19-017, Ex. SEC-19-038, Ex. SEC-19-015 and 1 more); janitorial and disinfection contracts (JS; Ex. SEC-19-014, Ex. SEC-19-035, Ex. SEC-19-034, Ex. SEC-19-001 and 2 more); security at closed venues (SG; Ex. SEC-19-035, Ex. SEC-19-034, Ex. SEC-19-001, Ex. SEC-19-002 and 1 more); landscaping and grounds (LS; Ex. SEC-19-011, Ex. SEC-19-043, Ex. SEC-19-012, Ex. SEC-19-013 and 7 more); call centers and BPO (CC; Ex. SEC-19-014, Ex. SEC-19-034, Ex. SEC-19-001, Ex. SEC-19-002 and 1 more); hiring, screening, training and credentialing (HR; Ex. SEC-19-017, Ex. SEC-19-003, Ex. SEC-19-004, Ex. SEC-19-018 and 2 more); office, administration and telework (OP; Ex. SEC-19-011, Ex. SEC-19-043, Ex. SEC-19-014, Ex. SEC-19-012); workforce availability (WF; Ex. SEC-19-011, Ex. SEC-19-043, Ex. SEC-19-012, Ex. SEC-19-032 and 3 more); the client base (CB; Ex. SEC-19-011, Ex. SEC-19-043, Ex. SEC-19-012, Ex. SEC-19-032 and 2 more).

Step three, the change compelled. Governor Gretchen Whitmer, Executive Order 2020-59 (Apr. 24, 2020) (Ex. SEC-19-011) ordered: "10. For purposes of this order, workers who perform resumed activities are defined as follows: (a) Workers who process or fulfill remote orders for goods for delivery or curbside pick-up. (b) Workers who perform bicycle maintenance or repair. (c) Workers for garden stores, nurseries, and lawn care…" Enforcement: Misdemeanor, MCL 10.33 and 30.405(3) (recited) Governor Gretchen Whitmer, Executive Order 2020-70 (May 1, 2020) (Ex. SEC-19-043) ordered: "This work is permitted to resume on May 7, 2020, and includes construction, real-estate activities, and work that is traditionally and primarily performed outdoors.... 10.... (c) Workers for garden stores, nurseries, and lawn care, pest control, and landscaping operations, subject to the enhanced…" Enforcement: Misdemeanor, MCL 10.33 and 30.405(3) Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. SEC-19-014) ordered: "Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely.... Any business or operation that requires its employees to leave their home or place of residence for work is subject to the rules on workplace…" Enforcement: Misdemeanor, MCL 10.33 and 30.405(3) 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 2020-59 (Ex. SEC-19-011) was in force from Apr. 24, 2020 to May 15, 2020, 22 of the quarter's 110 days; Executive Order 2020-70 (Ex. SEC-19-043) was in force from May 1, 2020 to May 15, 2020, 15 of the quarter's 110 days; Executive Order 2020-110 (Ex. SEC-19-014) was in force from June 1, 2020 to Oct. 2, 2020, 30 of the quarter's 110 days. Of the 18 instruments in the quarter's record, 0 were in force on its first day, 8 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 Staffing and Support Services 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 171 instruments in force for this selection: 8 instruments from the regulators of Staffing and Support Services (Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. SEC-19-014); Department of Labor, Employment and Training Administration, Unemployment Insurance Program Letter No. 15-20 (Apr. 4, 2020) (Ex. SEC-19-017); CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 3.0 (Apr. 17, 2020) (Ex. SEC-19-003); and 5 more) and 163 federal instruments (Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266); The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); 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); 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 Staffing and Support Services industry, as the Library records them: placements at client sites (PL; Ex. SEC-19-014, Ex. SEC-19-003, Ex. SEC-19-018, Ex. SEC-19-015 and 1 more); recruiting, onboarding, drug testing and fingerprinting (RC; Ex. SEC-19-017, Ex. SEC-19-015, Ex. SEC-19-041); janitorial and disinfection contracts (JS; Ex. SEC-19-014, Ex. SEC-19-003); security at closed venues (SG; Ex. SEC-19-003); landscaping and grounds (LS; Ex. SEC-19-004, Ex. SEC-19-018, Ex. SEC-19-005); call centers and BPO (CC; Ex. SEC-19-014, Ex. SEC-19-003); hiring, screening, training and credentialing (HR; Ex. SEC-19-017, Ex. SEC-19-003, Ex. SEC-19-004, Ex. SEC-19-018 and 2 more); office, administration and telework (OP; Ex. SEC-19-014); workforce availability (WF; Ex. SEC-19-017, Ex. SEC-19-041); the client base (CB; Ex. SEC-19-041).

Step three, the change compelled. Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. SEC-19-014) ordered: "Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely.... Any business or operation that requires its employees to leave their home or place of residence for work is subject to the rules on workplace…" Enforcement: Misdemeanor, MCL 10.33 and 30.405(3) Department of Labor, Employment and Training Administration, Unemployment Insurance Program Letter No. 15-20 (Apr. 4, 2020) (Ex. SEC-19-017) ordered: "[Not read: scanned copy without text layer. Gist from the statute (Ex. SEC-19-041): $600 per week added to regular compensation for weeks of unemployment ending on or before July 31, 2020.]" Enforcement: Federal-State agreements under sec. 2104(a) CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 3.0 (Apr. 17, 2020) (Ex. SEC-19-003) ordered: "The term 'workers' as used in this guidance is intended to apply to both employees and contractors performing the described functions.... Warehouse operators, including vendors and support personnel critical for business continuity (including heating, ventilation, and air conditioning (HVAC) and…" Enforcement: Through incorporating State orders 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 2020-110 (Ex. SEC-19-014) was in force from June 1, 2020 to Oct. 2, 2020, 92 of the quarter's 92 days; Unemployment Insurance Program Letter No. 15-20 (Ex. SEC-19-017) was in force from Apr. 4, 2020 to July 31, 2020, 31 of the quarter's 92 days; Proclamation 10014 (Ex. SEC-19-004) was in force from Apr. 23, 2020 to Mar. 31, 2021, 92 of the quarter's 92 days. Of the 8 instruments in the quarter's record, 6 were in force on its first day, 5 on its last day and 4 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 Staffing and Support Services 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 166 instruments in force for this selection: 6 instruments from the regulators of Staffing and Support Services (Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. SEC-19-014); President of the United States, Proclamation 10014 (Apr. 22, 2020) (Ex. SEC-19-004); Department of Human Services (Office of Children, Youth and Families), with the Commonwealth's fingerprint vendor IdentoGO (IDEMIA), Fingerprinting FAQs (May 15, 2020) (Ex. SEC-19-015); and 3 more) and 160 federal instruments (Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266); 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); 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 three, the change compelled. Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. SEC-19-014) ordered: "Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely.... Any business or operation that requires its employees to leave their home or place of residence for work is subject to the rules on workplace…" Enforcement: Misdemeanor, MCL 10.33 and 30.405(3) President of the United States, Proclamation 10014 (Apr. 22, 2020) (Ex. SEC-19-004) ordered: "The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6.... the Secretary of Labor and the Secretary of Homeland Security... shall review nonimmigrant programs and shall recommend to me other measures appropriate…" Enforcement: Visa issuance and entry refusal by State and DHS Department of Human Services (Office of Children, Youth and Families), with the Commonwealth's fingerprint vendor IdentoGO (IDEMIA), Fingerprinting FAQs (May 15, 2020) (Ex. SEC-19-015) ordered: "You must pre-enroll with IdentoGO to have [fingerprints taken]... walk-in services may be limited or unavailable at many fingerprint locations. An appointment is encouraged and pre-enrollment is always required.... as of April 29, 2020 more than half of the locations across the state are closed due…" Enforcement: Statutory hiring bar without clearances (23 Pa.C.S. 6344) as modified by Act 18 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 2020-110 (Ex. SEC-19-014) was in force from June 1, 2020 to Oct. 2, 2020, 2 of the quarter's 92 days; Proclamation 10014 (Ex. SEC-19-004) was in force from Apr. 23, 2020 to Mar. 31, 2021, 92 of the quarter's 92 days; Fingerprinting FAQs (May 15, 2020) (Ex. SEC-19-015) was in force from May 15, 2020 to Dec. 31, 2020, 92 of the quarter's 92 days. Of the 6 instruments in the quarter's record, 5 were in force on its first day, 5 on its last day and 4 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 Staffing and Support Services 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 181 instruments in force for this selection: 6 instruments from the regulators of Staffing and Support Services (Virginia Safety and Health Codes Board (Department of Labor and Industry), 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (permanent standard) (Jan. 27, 2021) (Ex. SEC-19-029); President of the United States, Proclamation 10014 (Apr. 22, 2020) (Ex. SEC-19-004); President of the United States, Proclamation 10052 (June 22, 2020) (Ex. SEC-19-005); and 3 more) and 175 federal instruments (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); 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); 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 three, the change compelled. Virginia Safety and Health Codes Board (Department of Labor and Industry), 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (permanent standard) (Jan. 27, 2021) (Ex. SEC-19-029) ordered: "[Dates only from this exhibit:] '16VAC25-220-10... eff. September 8, 2021; repealed, Virginia Register Volume 38, Issue 17, eff. March 23, 2022.' [Operative text from the ETS, Ex. SEC-12-063: hazard assessment, exposure classification, employee notification, return-to-work, PPE, physical distancing…" Enforcement: Va. Code 40.1-49.4 citations and penalties President of the United States, Proclamation 10014 (Apr. 22, 2020) (Ex. SEC-19-004) ordered: "The entry into the United States of aliens as immigrants is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6.... the Secretary of Labor and the Secretary of Homeland Security... shall review nonimmigrant programs and shall recommend to me other measures appropriate…" Enforcement: Visa issuance and entry refusal by State and DHS President of the United States, Proclamation 10052 (June 22, 2020) (Ex. SEC-19-005) ordered: "Sec. 2. Suspension and Limitation on Entry. The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation: (a) an H-1B or H-2B visa, and any alien accompanying or following to…" Enforcement: Visa issuance and entry refusal; consular officers' determinations 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. 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19… (Ex. SEC-19-029) was in force from Jan. 27, 2021 to Mar. 23, 2022, 64 of the quarter's 90 days; Proclamation 10014 (Ex. SEC-19-004) was in force from Apr. 23, 2020 to Mar. 31, 2021, 90 of the quarter's 90 days; Proclamation 10052 (Ex. SEC-19-005) was in force from June 24, 2020 to Mar. 31, 2021, 90 of the quarter's 90 days. Of the 6 instruments in the quarter's record, 4 were in force on its first day, 6 on its last day and 4 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 Staffing and Support Services 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 169 instruments in force for this selection: 4 instruments from the regulators of Staffing and Support Services (Virginia Safety and Health Codes Board (Department of Labor and Industry), 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (permanent standard) (Jan. 27, 2021) (Ex. SEC-19-029); Department of Labor, Occupational Safety and Health Administration, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502,.504,.505,.509 (June 21, 2021) (Ex. SEC-19-009); Congress (CARES Act sec. 2104, as amended by the Continued Assistance for Unemployed Workers Act of 2020 and ARPA sec. 9013), 15 U.S.C. 9023 (Federal Pandemic Unemployment Compensation) (Mar. 27, 2020) (Ex. SEC-19-041); and 1 more) and 165 federal instruments (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); 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); Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271); 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 three, the change compelled. Virginia Safety and Health Codes Board (Department of Labor and Industry), 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (permanent standard) (Jan. 27, 2021) (Ex. SEC-19-029) ordered: "[Dates only from this exhibit:] '16VAC25-220-10... eff. September 8, 2021; repealed, Virginia Register Volume 38, Issue 17, eff. March 23, 2022.' [Operative text from the ETS, Ex. SEC-12-063: hazard assessment, exposure classification, employee notification, return-to-work, PPE, physical distancing…" Enforcement: Va. Code 40.1-49.4 citations and penalties Department of Labor, Occupational Safety and Health Administration, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502,.504,.505,.509 (June 21, 2021) (Ex. SEC-19-009) ordered: "(a) Scope and application. (1) Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.... Healthcare support services means services that facilitate the provision of healthcare services.…" Enforcement: OSH Act sec. 17 citations and penalties; OSHA inspections under the NEP Congress (CARES Act sec. 2104, as amended by the Continued Assistance for Unemployed Workers Act of 2020 and ARPA sec. 9013), 15 U.S.C. 9023 (Federal Pandemic Unemployment Compensation) (Mar. 27, 2020) (Ex. SEC-19-041) ordered: "[Federal Pandemic Unemployment Compensation of]... $600 [for weeks of unemployment] ending on or before July 31, 2020... [and $300 for weeks beginning] after December 26, 2020... ending on or before March 14, 2021" Enforcement: Federal-State agreements 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. 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19… (Ex. SEC-19-029) was in force from Jan. 27, 2021 to Mar. 23, 2022, 91 of the quarter's 91 days; COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502,.504,.505,.509 (Ex. SEC-19-009) was in force from June 21, 2021 to Dec. 27, 2021, 10 of the quarter's 91 days; 15 U.S.C. 9023 (Federal Pandemic Unemployment Compensation) (Ex. SEC-19-041) was in force from July 31, 2020 to Sept. 6, 2021, 91 of the quarter's 91 days. Of the 4 instruments in the quarter's record, 2 were in force on its first day, 4 on its last day and 2 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 Staffing and Support Services 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 181 instruments in force for this selection: 14 instruments from the regulators of Staffing and Support Services (Virginia Safety and Health Codes Board (Department of Labor and Industry), 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (permanent standard) (Jan. 27, 2021) (Ex. SEC-19-029); Department of Labor, Occupational Safety and Health Administration, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502,.504,.505,.509 (June 21, 2021) (Ex. SEC-19-009); Department of Labor, OSHA, Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. SEC-19-019); and 11 more) and 167 federal instruments (Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271); 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); 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); 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 Staffing and Support Services industry, as the Library records them: placements at client sites (PL; Ex. SEC-19-029, Ex. SEC-19-009, Ex. SEC-19-019, Ex. SEC-19-024 and 9 more); recruiting, onboarding, drug testing and fingerprinting (RC; Ex. SEC-19-041); janitorial and disinfection contracts (JS; Ex. SEC-19-009, Ex. SEC-19-024, Ex. SEC-19-027, Ex. SEC-19-042 and 4 more); security at closed venues (SG; Ex. SEC-19-009, Ex. SEC-19-024, Ex. SEC-19-027, Ex. SEC-19-042 and 4 more); landscaping and grounds (LS; Ex. SEC-19-008); hiring, screening, training and credentialing (HR; Ex. SEC-19-029, Ex. SEC-19-009, Ex. SEC-19-019, Ex. SEC-19-024 and 9 more); office, administration and telework (OP; Ex. SEC-19-029, Ex. SEC-19-009, Ex. SEC-19-019, Ex. SEC-19-027 and 1 more); workforce availability (WF; Ex. SEC-19-042, Ex. SEC-19-041); the client base (CB; Ex. SEC-19-016, Ex. SEC-19-023, Ex. SEC-19-041).

Step three, the change compelled. Virginia Safety and Health Codes Board (Department of Labor and Industry), 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (permanent standard) (Jan. 27, 2021) (Ex. SEC-19-029) ordered: "[Dates only from this exhibit:] '16VAC25-220-10... eff. September 8, 2021; repealed, Virginia Register Volume 38, Issue 17, eff. March 23, 2022.' [Operative text from the ETS, Ex. SEC-12-063: hazard assessment, exposure classification, employee notification, return-to-work, PPE, physical distancing…" Enforcement: Va. Code 40.1-49.4 citations and penalties Department of Labor, Occupational Safety and Health Administration, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502,.504,.505,.509 (June 21, 2021) (Ex. SEC-19-009) ordered: "(a) Scope and application. (1) Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.... Healthcare support services means services that facilitate the provision of healthcare services.…" Enforcement: OSH Act sec. 17 citations and penalties; OSHA inspections under the NEP Department of Labor, OSHA, Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. SEC-19-019) ordered: "Some industries within Appendix A, Table 1, i.e., Offices of Physicians... and within Appendix A, Table 2, Postal Service NAICS 49910, Temporary Help Services NAICS 561320, Full-Service Restaurants... are not automatically included in the ListGen Infogroup. OSA has excluded these NAICS to avoid…" Enforcement: Programmed inspections; citations under the general duty clause and applicable standards 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. 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19… (Ex. SEC-19-029) was in force from Jan. 27, 2021 to Mar. 23, 2022, 92 of the quarter's 92 days; COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502,.504,.505,.509 (Ex. SEC-19-009) was in force from June 21, 2021 to Dec. 27, 2021, 92 of the quarter's 92 days; Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease… (Ex. SEC-19-019) was in force from July 7, 2021 to Sept. 30, 2021, 86 of the quarter's 92 days. Of the 14 instruments in the quarter's record, 4 were in force on its first day, 13 on its last day and 3 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 Staffing and Support Services 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 Staffing and Support Services

The Service's letters and examination reports rest on fourteen grounds. Each is answered below from the statute's text, from Tri-State, from the instruments with their exhibit identifiers, and from the United States' own representations. None survives the public record, and for this industry several of them describe a business that does not exist: one that earns its revenue on its own premises.

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.

For every quarter, the quarters section lists the orders in force on the quarter's first and last day, by issuer, date and terms, with exhibit identifiers. For the third quarter of 2021 alone the list runs to the OSHA Healthcare ETS, whose definition of "healthcare support services" names "housekeeping services"; the federal contractor orders of July 29 and September 9, 2021; the conveyance, entry, border and nursing-home orders; the FY2021 H-2B rule; the vaccination and testing mandates of New York, New Jersey, Illinois, California, Washington, Oregon, New Mexico, Connecticut, Massachusetts, Maryland, Rhode Island, Maine, Delaware, Colorado and the District, whose definitions reach contract staff, contractors and providers of custodial services, several of them by those words; the workplace standards of five States; the face-covering orders of eight States and more than thirty metros, airborne-transmission controls on every indoor customer site and call floor; the school orders of the 2021-22 year; and New York City's order that no covered entity admit a "contractor" without proof of vaccination. A form sentence that no orders were in effect is not the "case-by-case" determination the United States described to the District Court.

The sentence describes a quarter that did not occur, and the Service's records, whatever they contain, do not contain the Federal Register.

Read the full answer to sentence 1 and the record behind it →

Sentence 2: 2. The essential business that remained open

The employer operated an essential business and remained open.

The word "essential" is not in the statute. For this industry the "essential" designation was a classification of the customer, not of the employer: Maryland admitted "Staffing and/or payroll services" only as "Supporting Firms" to critical-infrastructure businesses; Pennsylvania marked "Employment Services No" and "Business Support Services No" while marking the plants, hospitals and warehouses those services staffed "Yes" or "No" line by line; the CISA lists named "janitorial/cleaning personnel" and "Security staff" as continuity support at the sites the orders allowed to run. A cleaner permitted to enter an emptied building, a guard permitted to hold the door of a closed mall and a placed worker permitted to enter a plant running at half its shifts under a written plan were working under orders that fixed how open the customer could be, and the designation exempted none of them from the telework mandates, capacity caps, screening rules, workplace standards, face-covering orders or, in 2021, the vaccination mandates that named them. The Notice itself provides that an employer so designated "may be considered to have a partial suspension of operations if, under the facts and circumstances, more than a nominal portion of its business operations are suspended by a governmental order," and the United States told the District Court the same:

The FAQ posted April 29, 2020 answered the question whether an essential employer was excluded with a flat "No"; the sentence the Service now applies against essential employers was added on June 19, 2020, and the ten percent rule that accompanies it on March 1, 2021. The designation was a permission to operate under the orders, not an exemption from them, and in this industry it was the customer's permission, not the employer's. An employer that "remained open" to supply labor to sites the orders had closed remained open to nothing.

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 says nothing of the source or addressee of the order; it asks whether the order limited "commerce, travel, or group meetings." The Notice's own list of qualifying orders includes "A State's emergency proclamation that residents must shelter in place" and "An order from a local official imposing a curfew on residents," both addressed to the public, and the United States described that list to the District Court as "[c]onsistent with the language in the statute" and told the Ninth Circuit that a business "may be suspended 'due to' a government order addressing a third party." The orders that reached this industry were, moreover, directed at business operations in terms, and often at this industry's operations by name: "All call centers situated in New Mexico are directed to reduce their in-person workforce by 100%"; "Employment Services No"; "customer service call centers and telemarketing operations" closed; "lawn care, pest control, and landscaping operations, subject to the enhanced social-distancing rules"; "all commercial landscaping work is prohibited"; "must accommodate their workforce, wherever practicable, for telework"; "shall not permit a ... contractor to enter a covered premises without displaying proof of vaccination." The position rewrites the statute and misdescribes the orders.

Read the full answer to sentence 3 and the record behind it →

Sentence 4: 4. Comparable operations through telework

The employer could have continued comparable operations through telework.

"Comparable operations" and "telework" are not in the statute; Tri-State defines a partial suspension as a temporary delay, interruption or termination of a portion of the business, and a placement, a cleaning contract, a guard post and a landscaping crew are not performed from anyone's home. The Notice's own words say the same. Q&A-15 provides that where "the closure of the workplace causes the employer to suspend business operations for certain purposes, but not others, it may be considered to have a partial suspension of operations due to the governmental order," and its Example 3 treats a research company's laboratory operations, which "cannot continue in a comparable manner," as partially suspended although its modeling staff teleworked; Q&A-16 provides that where the physical work space is so critical that central tasks cannot be performed remotely "this factor alone indicates that the employer is not able to continue comparable operations," and that a delay "beyond 2 weeks" in moving to telework is itself a partial suspension; Q&A-17 provides that a compelled modification with more than a nominal effect is a partial suspension. The physical work space of this industry is the customer's plant, building, venue, grounds and call floor, and it is the whole of the operation. Where the industry's own recruiters and account managers teleworked, telework was the modification the orders compelled ("must be performed remotely"; "[u]nless impossible, all businesses must conduct their operations remotely"), and a compelled modification of a more than nominal portion is a partial suspension, which is what Q&A-17 also says. The comparable-operations sentence with which Q&A-15 opens is not in the statute, has no force of law by the United States' own account, and is not applied here. The four factors of Q&A-16 first appeared in the Notice released March 1, 2021; the FAQ posted April 29, 2020 stated the telework rule without them, and the revision of June 19, 2020 added the "certain purposes, but not others" paragraph that finds a partial suspension wherever any purpose was closed. The position substitutes a word Congress did not write for the one it did, and applies it to an industry whose product cannot be delivered by telephone.

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Sentence 5: 5. The orders affected customers, not the employer

The orders affected the employer's customers, not the employer (Q&A-13).

Q&A-13 addresses an employer that "responds to the lack of demand by suspending some or all of its operations" because its customers were told to stay home; it is not the statute, and it does not describe this industry. A stay-at-home order on the customer base is an order limiting commerce, and the commerce it limited was this industry's; the statute does not ask on whose door the order was posted. The exclusion the Service now applies is, moreover, not the one the FAQs stated while the 2020 quarters were open: on April 29, 2020 it reached only "an essential business that is not required to close its physical locations" and a suspension claimed "for the sole reason" of the customers' stay-at-home order; the Notice extended it to every employer and to any "reduction in demand" on March 1, 2021. This analysis, moreover, does not rest on demand. It rests on orders that closed the plants, buildings, venues, schools and hospitals on which the industry's placements, contracts, posts and crews are performed; orders that classified the industry's own functions; orders that barred landscaping by name; orders that ordered call floors to zero; orders that closed the fingerprint sites, licensing offices and consulates through which it hires; and, in 2021, orders that named the contract worker, the contractor and the custodial service as the persons who could not enter a covered premises without vaccination, testing or a face covering. Those are orders limiting commerce, travel and group meetings under the statute's text, Q&A-12's logic and the United States' admission that a third-party order counts. Where Q&A-13 would exclude an order confining or closing the customer, it adds to the statute words the United States has represented have no force of law; and for an industry whose commerce is the customer's premises, an order on the customer's premises is an order on the industry's commerce by definition. Q&A-13 does not describe an employer whose workplaces were closed by orders addressed to the owners of those workplaces, and the Service's invocation of it against this industry misdescribes both the orders and the industry.

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Sentence 6: 6. Voluntary measures

The employer's measures were voluntary (Q&A-14).

A COVID-19 plan adopted because 29 C.F.R. § 1910.502(c) required it, a vaccination-or-testing policy adopted because Executive Order 252 required it, a call floor emptied because a public health order required its in-person workforce reduced by one hundred percent, a landscaping crew idled because an executive order barred the work, and a guard who refused entry because Emergency Executive Order 225 required proof of vaccination are not voluntary. Q&A-14 describes an employer that closes without any order; every modification described here is traced to an order with an exhibit identifier. Where a national staffing, security or janitorial company adopted a company-wide policy to comply with the orders of the jurisdictions that bound its customer sites, Q&A-20 makes it eligible "with respect to all of its operations in all locations." A modification traced to an order with an exhibit identifier is not voluntary, and the position that it was describes an employer this analysis does not describe.

Q&A-14 reaches, by its own terms, only a suspension "not due to a governmental order," and the District Court has defined the excluded employer as one "not being ordered to do so," and the United States as one that "could nonetheless, with telework, 'continue operations comparable to its operations prior to the closure' but chooses not to." No employer in this industry answered that description in any quarter. The reopening orders permitted operation only on conditions with the force of law, from Texas's occupancy commands under the section 418.173 offense and California's "necessary modifications" under the section 8665 misdemeanor to New York's fifty-percent workforce command under Public Health Law sections 12 and 12-b and Arizona's "shall develop, establish and implement policies" under the section 26-317 misdemeanor. The standing statutes commanded the same conduct independently: Texas Health and Safety Code section 81.002 ("Each person shall act responsibly to prevent and control communicable disease") and its offenses, Labor Code section 411.103, the safe-workplace statutes of the other principal States and, in all of them, the general duty clause, 29 U.S.C. § 654(a)(1), enforced by citation from September 2020. Texas and Florida then fixed the standard of care as compliance with governmental standards and guidance, and Arizona as the adoption of "reasonable policies related to the public health pandemic," each retroactively, and California presumed negligence from the violation of any order or standard. The safe-workplace statute had no COVID-19 content until the health authorities said what a safe workplace required; the measures were taken because those directives defined the duty and would not have been taken without them. "Due to" is but-for causation, and the causation here runs from the command to the measure without an intervening choice; Tri-State held that the hospital "was required to make these changes to ensure compliance with the Proclamation," and 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. A statute that commands conduct is an order from an appropriate governmental authority, and the Suspension Clause asks for nothing more; the Service's premise under Q&A-14 fails wherever a command reached the employer, and on this public record a command reached every employer in every quarter.

Read the full answer to sentence 6 and the record behind it →

Sentence 7: 7. The ten percent figure applied as a floor

The portion of the business affected was not more than nominal (the 10 percent figure applied as a floor).

The ten percent figure is, in the United States' words, "not determinative," "[e]ffectively ... a safe harbor," "not an eligibility requirement," "a quintessential safe harbor," "a safe harbor rather than a hard floor"; the District Court held it "is not an exclusionary cut-off point"; and 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 reading it as a requirement "would read requirements into the statute that do not exist."

The Service administers the figure otherwise. Its FAQ page tells every taxpayer that "[t]he IRS considers 'more than nominal' to be at least 10% of your business," and Chief Counsel's memorandum AM 2023-007 tells examiners that an employer "needs to substantiate ... a reduction ... of not less than 10 percent to fall within the provisions of Notice 2021-20," in the same period in which the United States told the District Court that the figure "isn't an eligibility requirement" and the Ninth Circuit that it is "a safe harbor rather than a hard floor." The deeming rules that carry the figure did not exist when the four 2020 quarters closed: the FAQs posted April 29, 2020 contained no "nominal" test and no percentage; the words "more than a nominal" first appeared on June 19, 2020, still without a percentage; and the two ten percent rules first appeared in the Notice released March 1, 2021. The United States cannot describe the figure as an optional safe harbor when the Notice is challenged and administer it as a floor when a claim is examined. The showing for this industry exceeds the safe harbor many times over: the public payroll series alone records the loss of a third of temporary-help employment in two months, and every function of the industry was performed on premises the orders closed, capped or conditioned. The position applies as a floor a figure the United States has told two federal courts is not one.

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Sentence 8: 8. Modifications with only a nominal effect

The required modifications (masks, gloves, spacing, screening) had only a nominal effect (Q&A-18).

The modifications described here are the closure and capping of customer sites, the classification of the industry's functions, the barring of landscaping by name, the emptying of call floors, the closure of the credential and visa channels, the written plans, screening, distancing, barriers, paid removal and vaccination leave of the Healthcare ETS, and the vaccination, testing and proof-of-vaccination conditions on the contract worker's entry; the face-covering orders of July through September 2021 are described as what they were: workplace infection-prevention and exposure-control requirements imposed by orders of appropriate governmental authorities, enforced by fine, that conditioned every customer site and call floor in the States and metros that issued them. Q&A-18 itself provides that a governmental order "that results in a reduction in an employer's ability to provide goods or services in the normal course of the employer's business of not less than 10 percent will be deemed to have more than a nominal effect," and the United States told the District Court that face-covering requirements are not a nullity:

The categorical sentence that mask requirements "will not result in more than a nominal effect" appeared for the first time in the Notice released March 1, 2021, after the four 2020 quarters to which the Service applies it had closed; it states a factual conclusion as a rule, on no record, and it contradicts Q&A-18's own first paragraph, which lists face-covering requirements among the modifications "required by a governmental order as a condition of reopening." Tri-State held that "the required protocols and procedures to comply with the Proclamation" were suspensions the order caused and refused the argument that they were nominal. A contract worker who cannot enter the hospital without a first dose by September 27, the school without weekly testing, the federal site without attestation or the covered premises without proof of vaccination is not a worker whose employer's operation was modified nominally; the worker's entry, which is the whole of the service, was conditioned by order.

Read the full answer to sentence 8 and the record behind it →

Sentence 9: 9. A declaration of emergency is not an order

A declaration of emergency is not an order (Q&A-10).

This analysis relies on no bare declaration as a suspending order. Each instrument in the layers and quarters sections limited commerce, travel or group meetings in terms. Where an emergency declaration is cited, it is cited as the instrument under which those orders were issued and continued, or as proof of a period, which the Notice's own text allows. The ground answers an argument this analysis does not make.

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Sentence 10: 10. Supply-chain effects too attenuated

The supplier was not itself closed by order; supply-chain effects are too attenuated (AM 2023-005).

Chief Counsel memoranda "may not be used or cited as precedent," by their own legend, which Tri-State quoted in declining to rely on the Chief Counsel advice the United States offered there. The suppliers of this industry are the customer sites at which its product is delivered and the consulates, fingerprint sites and licensing offices through which it hires, and each was closed or conditioned by an order with a date and an exhibit identifier; nothing here is attenuated. The United States told the Ninth Circuit that the supplier rule "never even mentions a 'physical[ ] clos[ure]' order against the supplier," and told the District Court that an employer is eligible where its operations are suspended "because of the supplier's inability to deliver."

Causation is but-for on the United States' own agreed definition: absent the order closing the plant, no law kept the placed worker off the floor; absent the proclamation suspending H-2B entry, no law kept the crew abroad. AM 2023-005's own scenarios stipulate their conclusions (a jurisdiction that "lifted all orders related to COVID in May 2020"; an employer "not subject to any governmental orders ... at any time"), and no State in the Library fits them. The position describes an attenuated chain this analysis does not rely on; a plant closed by executive order is not a supply-chain effect on the agency that staffs it, and a Chief Counsel memorandum that cannot be cited as precedent is not the statute.

Read the full answer to sentence 10 and the record behind it →

Sentence 11: 11. Lingering effects of lifted orders

The orders had lifted before the quarter began; any effect was a lingering effect.

For the third quarter of 2021 the orders had not lifted: the quarters section lists, with dates, the orders in force on July 1 and September 30, 2021, most of them issued inside the quarter and several written to reach this industry's people by name, and the paragraph that follows the finding names the expired instruments on which the proof does not rest. Where the position means that a suspension compelled by an order that expired on June 30 ended at midnight, it misreads the clause, which asks whether the operation "is fully or partially suspended during the calendar quarter," and it contradicts Tri-State's definition of a suspension as a "delay," Q&A-22's whole-quarter rule and Q&A-16's transition rule. A placement terminated by a closure order was restored when the customer rehired, not when the order lapsed; a crew barred from entry for nine months was not on the job the day the proclamation expired. The position mistakes the date an order lapsed for the date the suspension it compelled ended; the clause asks about the second.

Read the full answer to sentence 11 and the record behind it →

Sentence 12: 12. No decline in gross receipts

The employer did not experience the required decline in gross receipts.

The gross-receipts prong is not relied on. The statute makes an employer eligible on either prong, and the United States admitted in Tri-State that the gross-receipts test is "another method to qualify," on which the court held "the fact an employer can be eligible and affected without partial or full suspension is reasonable." The suspension prong asks about operations, not revenue, and it is satisfied in every quarter. The ground answers a prong this analysis does not invoke; Congress joined the two prongs with "or."

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.

Every instrument this analysis relies on as a suspending order is an order, proclamation, rule, regulation, directive, ordinance, statute or administrative order with the force of law, issued under a recited statutory or constitutional power and enforced by penalty, license, citation, contempt or contract. Where a State made the CISA guidance binding by incorporating it into an order, the binding instrument is the order, and it is the order that is cited; the CISA lists themselves are cited only for the words the incorporating orders adopted. The payroll and claims series and OSHA's National Emphasis Program are cited as facts and posture, never as orders, and this analysis says so where it cites them. The Notice itself provides that whether an instrument is a governmental order "is determined without regard to the level of enforcement," and the United States' own Chief Counsel excluded the OSHA Healthcare ETS from its conclusion about OSHA "communications" and admitted that an employer "may be eligible" where "an executive order from a Governor" made workplace protocols mandatory. An instrument enforced by fine, license, citation, contempt or contract clause is not a recommendation, and the position that it is misdescribes every instrument this analysis names.

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Sentence 14: 14. The ordinary meaning of "order"

"Order" must be given its ordinary meaning.

Agreed. An "order" is "a command, direction, or instruction" and "a rule or regulation made by a competent authority"; the Service's own Chief Counsel defines it as "a command or mandate delivered by a government official"; and the United States agreed in Tri-State that the clause is read by "plain meaning." Every instrument in the finding for each quarter is a command from a competent authority to do or refrain from doing something on pain of sanction: to reduce a call center's in-person workforce by one hundred percent; to cease landscaping; to close a place of business that is not life-sustaining; to adopt a COVID-19 plan; to exclude the unvaccinated contract worker; to refuse entry to the contractor without proof of vaccination. That is the ordinary meaning, and it is satisfied.

The Service is free to disagree about the weight of these instruments. It is not free to say they did not exist.

Read the full answer to sentence 14 and the record behind it →

10. Exhibit list

Every instrument cited in this report, by exhibit identifier: 333 records, of which The COVID Project holds the document for 323. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. CT-007	Executive Order No. 7H	Governor Ned Lamont; Department of Economic and Community Development (binding essential-business guidance)	Mar. 20, 2020	Governor Ned Lamont; Department of Economic and Community Development (binding essential-business guidance), Executive Order No. 7H (Mar. 20, 2020) (Ex. CT-007)	/library/CT-007	/exhibit/CT-007
Ex. DE-005	Fourth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 22, 2020	Governor John C. Carney, Fourth Modification of the Declaration of a State of Emergency (Mar. 22, 2020) (Ex. DE-005)	/library/DE-005	/exhibit/DE-005
Ex. DUT-FED-001	29 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)	standing	Congress (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. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-002	Notice of February 24, 2021	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)	/library/FED-002	/exhibit/FED-002
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…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	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)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President 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-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	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)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	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)	/library/FED-010	/exhibit/FED-010
Ex. FED-011	Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)	Alex M. Azar II, Secretary of HHS	Apr. 21, 2020	Alex 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-012	Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)	Alex M. Azar II, Secretary of HHS	July 23, 2020	Alex 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-013	Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)	Alex M. Azar II, Secretary of HHS	Oct. 2, 2020	Alex 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-014	Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)	Alex M. Azar II, Secretary of HHS	Jan. 7, 2021	Alex 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-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier 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-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier 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-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)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	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)	/library/FED-020	/exhibit/FED-020
Ex. FED-022	CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)	Sept. 1, 2020	Centers 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-023	CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)	Centers for Disease Control and Prevention, HHS	Jan. 29, 2021	Centers 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-024	CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)	Centers for Disease Control and Prevention, HHS	Mar. 29, 2021	Centers 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-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers 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-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers 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-027	CDC No Sail Order and Suspension of Further Embarkation	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 14, 2020	Centers 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-028	No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)	Centers for Disease Control and Prevention, HHS	Apr. 9, 2020	Centers 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-029	No Sail Order; Second Modification and Extension (July 16, 2020)	Centers for Disease Control and Prevention, HHS	July 16, 2020	Centers 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-030	No Sail Order; Third Modification and Extension (Sept. 30, 2020)	Centers for Disease Control and Prevention, HHS	Sept. 30, 2020	Centers 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-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers 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-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers 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-034	CDC 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, 2020	Centers 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-036	Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)	Centers for Disease Control and Prevention, HHS	May 19, 2020	Centers 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-037	CDC 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, HHS	Oct. 13, 2020	Centers 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-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers 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-039	Interim 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, HHS	Mar. 20, 2020	Centers 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-040	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom	Centers for Disease Control and Prevention, HHS	Dec. 25, 2020	Centers 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-041	CDC 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, HHS	Jan. 12, 2021	Centers 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-042	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…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers 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-048	Final 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, HHS	Sept. 11, 2020	Centers 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-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…	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)	Jan. 31, 2021	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)	/library/FED-050	/exhibit/FED-050
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation 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-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation 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-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…	Transportation Security Administration, DHS	Jan. 31, 2021	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)	/library/FED-053	/exhibit/FED-053
Ex. FED-054	Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation 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-055	Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation 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-056	Notification 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 Board	Apr. 20, 2021	Department 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-057	Determination 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. Pekoske	Jan. 27, 2021	Acting 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-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-061	Executive Order 13998	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	/library/FED-061	/exhibit/FED-061
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
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…	President Joseph R. Biden, Jr.	Sept. 9, 2021	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)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-066	Executive Order 13945	President Donald J. Trump	Aug. 8, 2020	President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)	/library/FED-066	/exhibit/FED-066
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
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)	President Donald J. Trump	Apr. 28, 2020	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)	/library/FED-073	/exhibit/FED-073
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	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)	/library/FED-074	/exhibit/FED-074
Ex. FED-075	Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use	Federal Emergency Management Agency, DHS	Apr. 7, 2020	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)	/library/FED-075	/exhibit/FED-075
Ex. FED-076	Notification of Exemptions to the PPE allocation rule	Federal Emergency Management Agency, DHS	Apr. 17, 2020	Federal 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-077	Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)	Federal Emergency Management Agency, DHS	Aug. 10, 2020	Federal 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-078	Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)	Federal Emergency Management Agency, DHS	Dec. 31, 2020	Federal 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-080	Occupational 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 Labor	June 21, 2021	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)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, 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-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, 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-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, 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-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (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-088	Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)	OSHA, U.S. Department of Labor	Mar. 9, 2020	OSHA, 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-090	CMS-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, HHS	Mar. 30, 2020	Centers 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-091	CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)	Centers for Medicare & Medicaid Services, HHS	May 1, 2020	Centers 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-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…	Centers for Medicare & Medicaid Services, HHS	Sept. 2, 2020	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)	/library/FED-092	/exhibit/FED-092
Ex. FED-093	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…	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)	Nov. 2, 2020	Centers 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-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	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)	/library/FED-094	/exhibit/FED-094
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)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	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)	/library/FED-096	/exhibit/FED-096
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)	CMS, Quality, Safety & Oversight Group	Mar. 13, 2020	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)	/library/FED-097	/exhibit/FED-097
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	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)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	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)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, 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-100	FEMA-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, 2020	President 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-150	FEMA-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, 2020	President 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-154	QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)	CMS, Quality, Safety & Oversight Group	Sept. 17, 2020	CMS, 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-155	QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19	CMS, Quality, Safety & Oversight Group	Mar. 10, 2021	CMS, 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-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	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)	/library/FED-156	/exhibit/FED-156
Ex. FED-157	QSO-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 Group	May 18, 2020	CMS, 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-158	CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…	Centers for Medicare & Medicaid Services, HHS	Apr. 7, 2020	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)	/library/FED-158	/exhibit/FED-158
Ex. FED-159	CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)	Centers for Medicare & Medicaid Services, HHS	Apr. 19, 2020	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)	/library/FED-159	/exhibit/FED-159
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	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)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, 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-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	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)	/library/FED-163	/exhibit/FED-163
Ex. FED-164	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)	CMS, Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, 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-165	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)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, 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-166	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)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, 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-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…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	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)	/library/FED-168	/exhibit/FED-168
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, §§…	Congress (Pub. L. 116-127); approved by the President	Mar. 18, 2020	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)	/library/FED-170	/exhibit/FED-170
Ex. FED-171	Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826	Wage and Hour Division, U.S. Department of Labor	Apr. 1, 2020	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)	/library/FED-171	/exhibit/FED-171
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)	Wage and Hour Division, U.S. Department of Labor	Sept. 11, 2020	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)	/library/FED-172	/exhibit/FED-172
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…	Congress (Pub. L. 116-260)	Dec. 27, 2020	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)	/library/FED-173	/exhibit/FED-173
Ex. FED-174	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…	Congress (Pub. L. 117-2); approved by the President	Mar. 11, 2021	Congress (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-180	Declaration 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 Services	Mar. 10, 2020	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)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination 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 Services	Feb. 4, 2020	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)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary 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-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary 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-185	Emergency 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, 2020	Food 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-186	Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)	Food and Drug Administration, HHS	Dec. 18, 2020	Food 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-187	Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)	Food and Drug Administration, HHS	Feb. 27, 2021	Food 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-190	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	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)	/library/FED-190	/exhibit/FED-190
Ex. FED-191	30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)	The President and the White House Coronavirus Task Force	Mar. 31, 2020	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)	/library/FED-191	/exhibit/FED-191
Ex. FED-192	Guidelines for Opening Up America Again (Apr. 16, 2020)	The President and the White House Coronavirus Task Force	Apr. 16, 2020	The 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-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS 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-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-202	Proclamation 9993	President Donald J. Trump	Mar. 11, 2020	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	/library/FED-202	/exhibit/FED-202
Ex. FED-203	Proclamation 9996	President Donald J. Trump	Mar. 14, 2020	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	/library/FED-203	/exhibit/FED-203
Ex. FED-204	Proclamation 10041	President Donald J. Trump	May 24, 2020	President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)	/library/FED-204	/exhibit/FED-204
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-210	Proclamation 10014	President Donald J. Trump	Apr. 22, 2020	President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)	/library/FED-210	/exhibit/FED-210
Ex. FED-211	Proclamation 10052	President Donald J. Trump	June 22, 2020	President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)	/library/FED-211	/exhibit/FED-211
Ex. FED-212	Proclamation 10054	President Donald J. Trump	June 29, 2020	President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)	/library/FED-212	/exhibit/FED-212
Ex. FED-213	Proclamation 10131	President Donald J. Trump	Dec. 31, 2020	President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)	/library/FED-213	/exhibit/FED-213
Ex. FED-214	Proclamation 10149	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)	/library/FED-214	/exhibit/FED-214
Ex. FED-216	Notification 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 Protection	Mar. 24, 2020	U.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-217	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (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-219	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (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-222	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (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-225	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (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-226	Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, 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-229	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (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-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (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-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (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-239	Notification 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 CBP	Mar. 24, 2020	DHS (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-240	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (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-242	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (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-245	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (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-248	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (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-249	Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, 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-252	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (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-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (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-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (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-262	OMB Memorandum M-20-13	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 12, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-13 (Mar. 12, 2020) (Ex. FED-262)	/library/FED-262	/exhibit/FED-262
Ex. FED-263	OMB Memorandum M-20-15	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 15, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-15 (Mar. 15, 2020) (Ex. FED-263)	/library/FED-263	/exhibit/FED-263
Ex. FED-264	OMB Memorandum M-20-16	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 17, 2020	Office 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-265	OMB Memorandum M-20-17	Office of Management and Budget	Mar. 19, 2020	Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)	/library/FED-265	/exhibit/FED-265
Ex. FED-266	OMB Memorandum M-20-18	Office of Management and Budget (Deputy Director for Management)	Mar. 20, 2020	Office 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-267	OMB Memorandum M-20-19	Office of Management and Budget	Mar. 22, 2020	Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)	/library/FED-267	/exhibit/FED-267
Ex. FED-268	OMB/OPM Memorandum M-20-23	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)	Apr. 20, 2020	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)	/library/FED-268	/exhibit/FED-268
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…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	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)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office 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-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	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)	/library/FED-272	/exhibit/FED-272
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…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	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)	/library/FED-274	/exhibit/FED-274
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)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	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)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	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)	/library/FED-278	/exhibit/FED-278
Ex. FED-279	Order 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, 2020	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)	/library/FED-279	/exhibit/FED-279
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	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)	/library/FED-280	/exhibit/FED-280
Ex. FED-281	Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019	Deputy Secretary of Defense David L. Norquist	Mar. 13, 2020	Deputy 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-282	Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions	Secretary of Defense Mark T. Esper	Apr. 20, 2020	Secretary 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-283	Secretary 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. Esper	May 22, 2020	Secretary 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-284	Order of the Chief Judge No. 20-042	Chief Judge Virginia A. Phillips	Mar. 19, 2020	Chief 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-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief 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-286	General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)	Mar. 25, 2020	United 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-288	General Order 2020-8	Chief Judge Philip A. Brimmer	May 6, 2020	Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)	/library/FED-288	/exhibit/FED-288
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	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)	/library/FED-290
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme 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-295	Judicial 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, 2020	Mar. 29, 2020	Judicial 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-296	Tenth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Feb. 12, 2021	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	/library/FED-296	/exhibit/FED-296
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief 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-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief 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-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief 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-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive 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-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-303	Standing Order 20-17	Chief Judge Freda L. Wolfson	Nov. 25, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	/library/FED-303	/exhibit/FED-303
Ex. FED-304	Third Extension of Standing Order 20-12	Chief Judge Freda L. Wolfson	Dec. 17, 2020	Chief 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-305	Standing Order 21-02	Chief Judge Freda L. Wolfson	Mar. 17, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	/library/FED-305	/exhibit/FED-305
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-310	Second Amended Standing Order 2020-02	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)	/library/FED-310	/exhibit/FED-310
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-312	Standing Order 2020-05	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)	/library/FED-312	/exhibit/FED-312
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-316	Fourth Amendment to General Order 20-01	Chief Judge Thomas W. Thrash, Jr.	July 31, 2020	Chief 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-317	General Order 72	Chief Judge Phyllis J. Hamilton	Mar. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)	/library/FED-317	/exhibit/FED-317
Ex. FED-318	General Order 72-2	Chief Judge Phyllis J. Hamilton	Apr. 30, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)	/library/FED-318	/exhibit/FED-318
Ex. FED-319	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…	U.S. Department of State, Bureau of Consular Affairs	Mar. 26, 2020	U.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-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)	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services	Apr. 20, 2020	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)	/library/FED-320	/exhibit/FED-320
Ex. FED-321	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)	U.S. Department of Homeland Security, USCIS	May 14, 2020	U.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-322	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…	DHS, USCIS	Aug. 20, 2020	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)	/library/FED-322	/exhibit/FED-322
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…	DHS, USCIS	Dec. 18, 2020	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)	/library/FED-323	/exhibit/FED-323
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	U.S. Citizenship and Immigration Services	Mar. 17, 2020	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)	/library/FED-324	/exhibit/FED-324
Ex. FED-325	USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4	U.S. Citizenship and Immigration Services	May 27, 2020	U.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-327	Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)	U.S. Department of State, Bureau of Consular Affairs	Mar. 20, 2020	U.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-328	Phased Resumption of Routine Visa Services (announcement of July 14, 2020)	U.S. Department of State, Bureau of Consular Affairs	July 14, 2020	U.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-331	General Order 72-4	Chief Judge Phyllis J. Hamilton	June 24, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)	/library/FED-331	/exhibit/FED-331
Ex. FED-333	General Order 72-6	Chief Judge Phyllis J. Hamilton	Sept. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	/library/FED-333	/exhibit/FED-333
Ex. FED-334	General Order 73 (Amended May 21, 2020)	Chief Judge Phyllis J. Hamilton	May 21, 2020	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	/library/FED-334	/exhibit/FED-334
Ex. FED-336	General Order 77	Chief Judge Phyllis J. Hamilton	June 9, 2020	Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)	/library/FED-336	/exhibit/FED-336
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-338	General Order 20-0012 (original)	Chief Judge Rebecca R. Pallmeyer	Mar. 12, 2020	Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)	/library/FED-338	/exhibit/FED-338
Ex. FED-339	Eighth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Nov. 13, 2020	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	/library/FED-339	/exhibit/FED-339
Ex. FED-340	CARES 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, 2020	Congress (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-342	Interagency 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 Supervisors	Apr. 7, 2020	Federal 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-343	Treatment 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 Protection	June 30, 2020	Bureau 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-344	Protections 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 Protection	June 25, 2021	Bureau 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-345	Memorandum 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, 2020	President 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-346	FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac	Mar. 18, 2020	Federal 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-348	FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)	Federal Housing Finance Agency	June 17, 2020	Federal 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-349	FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)	Federal Housing Finance Agency	Aug. 27, 2020	Federal 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-350	FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)	Federal Housing Finance Agency	Dec. 2, 2020	Federal 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-353	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…	Federal Housing Finance Agency	Feb. 25, 2021	Federal 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-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal 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-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal 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-356	Mortgagee Letter 2020-04	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)	Mar. 18, 2020	U.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-359	Mortgagee Letter 2020-19	HUD, Federal Housing Administration	June 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)	/library/FED-359
Ex. FED-360	Mortgagee Letter 2020-27	HUD, Federal Housing Administration	Aug. 27, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)	/library/FED-360	/exhibit/FED-360
Ex. FED-361	Mortgagee Letter 2020-43	HUD, Federal Housing Administration	Dec. 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)	/library/FED-361	/exhibit/FED-361
Ex. FED-362	Mortgagee Letter 2021-03	HUD, Federal Housing Administration	Jan. 21, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)	/library/FED-362	/exhibit/FED-362
Ex. FED-363	Mortgagee Letter 2021-05	HUD, Federal Housing Administration	Feb. 16, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)	/library/FED-363	/exhibit/FED-363
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-367	Circular 26-20-7	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service	Mar. 16, 2020	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	/library/FED-367	/exhibit/FED-367
Ex. FED-368	Circular 26-20-8	VA, Loan Guaranty Service	Mar. 18, 2020	VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)	/library/FED-368	/exhibit/FED-368
Ex. FED-369	Circular 26-20-12	VA, Loan Guaranty Service	Apr. 8, 2020	VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)	/library/FED-369	/exhibit/FED-369
Ex. FED-371	Circular 26-20-22	VA, Loan Guaranty Service	June 17, 2020	VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)	/library/FED-371	/exhibit/FED-371
Ex. FED-372	Circular 26-20-23	VA, Loan Guaranty Service	June 18, 2020	VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)	/library/FED-372	/exhibit/FED-372
Ex. FED-373	Circular 26-20-29	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)	/library/FED-373	/exhibit/FED-373
Ex. FED-374	Circular 26-20-30	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)	/library/FED-374	/exhibit/FED-374
Ex. FED-375	Circular 26-20-40	VA, Loan Guaranty Service	Dec. 28, 2020	VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)	/library/FED-375	/exhibit/FED-375
Ex. FED-376	Circular 26-21-2	VA, Loan Guaranty Service	Jan. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)	/library/FED-376	/exhibit/FED-376
Ex. FED-377	Circular 26-21-5	VA, Loan Guaranty Service	Feb. 16, 2021	VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)	/library/FED-377
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-381	USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…	U.S. Department of Agriculture, Rural Development	Mar. 19, 2020	U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)	/library/FED-381
Ex. FED-382	USDA 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 Development	Dec. 28, 2020	USDA 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-384	USDA 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, 2021	USDA 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-385	USDA 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, 2021	USDA 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-386	Secretary 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. Bernhardt	Mar. 22, 2020	Secretary 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-387	NPS 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 Service	Mar. 18, 2020	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)	/library/FED-387	/exhibit/FED-387
Ex. FED-389	BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon	Bureau of Land Management, Oregon/Washington State Office and District Managers	Mar. 27, 2020	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)	/library/FED-389	/exhibit/FED-389
Ex. FED-390	Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors	Bureau of Reclamation	Mar. 17, 2020	Bureau 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-391	USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only	U.S. Department of Agriculture, Farm Production and Conservation mission area	Mar. 23, 2020	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)	/library/FED-391
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…	U.S. Army Corps of Engineers Headquarters and district commanders	Mar. 17, 2020	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)	/library/FED-393
Ex. FED-396	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…	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	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), 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-398	H.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, 2020	U.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. KS-052	KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes	Lee A. Norman, M.D., Secretary of the Kansas Department of Health and Environment and State Health Officer	June 18, 2021	Lee A. Norman, M.D., Secretary of the Kansas Department of Health and Environment and State Health Officer, KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes (June 18, 2021) (Ex. KS-052)	/library/KS-052	/exhibit/KS-052
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United 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-002	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.…	United States Congress	Dec. 27, 2020	United 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-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United 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-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United 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. MET-BOS-122	Supplemental Emergency Order (Emergency Order No. 3 supplement) reaffirming the construction and commercial landscaping suspension (Emergency Order No. 1, Mar.…	Town of Nantucket (Select Board and Board of Health)	Mar. 30, 2020	Town of Nantucket (Select Board and Board of Health), Supplemental Emergency Order (Emergency Order No. 3 supplement) reaffirming the construction and commercial landscaping suspension (Emergency Order No. 1, Mar. 20, 2020) and the stay-at-home order (Emergency Order No. 3, Mar. 22, 2020) (Mar. 30, 2020) (Ex. MET-BOS-122)	/library/MET-BOS-122	/exhibit/MET-BOS-122
Ex. MN-011	Minnesota EO 20-23 (Mar. 27, 2020; to May 27, 2021)	Governor Tim Walz (authorizing the health-related licensing boards)	Mar. 27, 2020	Governor Tim Walz (authorizing the health-related licensing boards), Minnesota EO 20-23 (Mar. 27, 2020; to May 27, 2021) (Ex. MN-011)	/library/MN-011	/exhibit/MN-011
Ex. ND-018	North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021)	Governor Doug Burgum	Apr. 3, 2020	Governor Doug Burgum, North Dakota EO 2020-20 (Apr. 3, 2020; to Apr. 30, 2021) (Ex. ND-018)	/library/ND-018	/exhibit/ND-018
Ex. NJ-004	New Jersey Executive Order 107 (Mar. 21, 2020; paras. 10-11 rescinded by EO 243 eff. June 4, 2021)	Governor Philip D. Murphy	Mar. 21, 2020	Governor Philip D. Murphy, New Jersey Executive Order 107 (Mar. 21, 2020; paras. 10-11 rescinded by EO 243 eff. June 4, 2021) (Ex. NJ-004)	/library/NJ-004	/exhibit/NJ-004
Ex. NJ-056	New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021)	Governor Philip D. Murphy	Aug. 6, 2021	Governor Philip D. Murphy, New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021) (Ex. NJ-056)	/library/NJ-056	/exhibit/NJ-056
Ex. NJ-058	New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021)	Governor Philip D. Murphy	Sept. 20, 2021	Governor Philip D. Murphy, New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021) (Ex. NJ-058)	/library/NJ-058	/exhibit/NJ-058
Ex. NM-006	New Mexico Public Health Emergency Order (Mar. 23, 2020; eff. Mar. 24, 8:00 a.m.)	Secretary of Health Kathyleen M. Kunkel, 'as directed by the Governor pursuant to the full scope of her emergency powers'	Mar. 23, 2020	Secretary of Health Kathyleen M. Kunkel, 'as directed by the Governor pursuant to the full scope of her emergency powers', New Mexico Public Health Emergency Order (Mar. 23, 2020; eff. Mar. 24, 8:00 a.m.) (Ex. NM-006)	/library/NM-006	/exhibit/NM-006
Ex. NM-068	New Mexico PHO of Aug. 17, 2021 (school workers; hospital and congregate-care workers)	Acting Secretary of Health David R. Scrase, M.D.	Aug. 17, 2021	Acting Secretary of Health David R. Scrase, M.D, New Mexico PHO of Aug. 17, 2021 (school workers; hospital and congregate-care workers) (Ex. NM-068)	/library/NM-068	/exhibit/NM-068
Ex. OR-047	Oregon EO 21-29 (Aug. 13, 2021)	Governor Kate Brown	Aug. 13, 2021	Governor Kate Brown, Oregon EO 21-29 (Aug. 13, 2021) (Ex. OR-047)	/library/OR-047	/exhibit/OR-047
Ex. PA-004	Pennsylvania life-sustaining business list (Mar. 19, 2020)	Governor Tom Wolf and Secretary of Health (incorporated into PA-002 and PA-003)	Mar. 19, 2020	Governor Tom Wolf and Secretary of Health (incorporated into PA-002 and PA-003), Pennsylvania life-sustaining business list (Mar. 19, 2020) (Ex. PA-004)	/library/PA-004	/exhibit/PA-004
Ex. PA-022	Pennsylvania Mitigation, Enforcement and Immunity Order (Nov. 23, 2020) and Apr. 1, 2021 amendment	Secretary of Health Rachel Levine, M.D.	Nov. 23, 2020	Secretary of Health Rachel Levine, M.D, Pennsylvania Mitigation, Enforcement and Immunity Order (Nov. 23, 2020) and Apr. 1, 2021 amendment (Ex. PA-022)	/library/PA-022	/exhibit/PA-022
Ex. PA-033	Pennsylvania Mitigation, Enforcement and Immunity Order (Nov. 23, 2020) and Apr. 1, 2021 amendment	Acting Secretary of Health Alison V. Beam (with the Governor's companion amendment)	Apr. 1, 2021	Acting Secretary of Health Alison V. Beam (with the Governor's companion amendment), Pennsylvania Mitigation, Enforcement and Immunity Order (Nov. 23, 2020) and Apr. 1, 2021 amendment (Ex. PA-033)	/library/PA-033	/exhibit/PA-033
Ex. SEC-07-023	Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential-business guidance)	Empire State Development (under Executive Order 202.6, Governor Andrew M. Cuomo)	Mar. 27, 2020	Empire State Development (under Executive Order 202.6, Governor Andrew M. Cuomo), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential-business guidance) (Mar. 27, 2020) (Ex. SEC-07-023)	/library/SEC-07-023	/exhibit/SEC-07-023
Ex. SEC-09-032	Executive Order 2020-42 (Stay Home, Stay Safe extension)	Governor Gretchen Whitmer	Apr. 9, 2020	Governor Gretchen Whitmer, Executive Order 2020-42 (Stay Home, Stay Safe extension) (Apr. 9, 2020) (Ex. SEC-09-032)	/library/SEC-09-032	/exhibit/SEC-09-032
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…	New York State Department of Labor (reporting the Commissioner of Health's designation)	Sept. 6, 2021	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)	/library/SEC-10-031	/exhibit/SEC-10-031
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)	Occupational Safety and Health Standards Board; Cal/OSHA	June 17, 2021	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)	/library/SEC-10-041	/exhibit/SEC-10-041
Ex. SEC-12-059	MIOSHA Emergency Rules, Coronavirus Disease 2019 (COVID-19)	Michigan Occupational Safety and Health Administration (Department of Labor and Economic Opportunity), Director Sean Egan	Oct. 14, 2020	Michigan Occupational Safety and Health Administration (Department of Labor and Economic Opportunity), Director Sean Egan, MIOSHA Emergency Rules, Coronavirus Disease 2019 (COVID-19) (Oct. 14, 2020) (Ex. SEC-12-059)	/library/SEC-12-059	/exhibit/SEC-12-059
Ex. SEC-12-063	16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19	Virginia Safety and Health Codes Board; Department of Labor and Industry (VOSH)	July 15, 2020	Virginia Safety and Health Codes Board; Department of Labor and Industry (VOSH), 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 15, 2020) (Ex. SEC-12-063)	/library/SEC-12-063	/exhibit/SEC-12-063
Ex. SEC-12-066	Oregon OSHA Administrative Order 2-2021: OAR 437-001-0744, Rule Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces	Oregon OSHA	May 4, 2021	Oregon OSHA, Oregon OSHA Administrative Order 2-2021: OAR 437-001-0744, Rule Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces (May 4, 2021) (Ex. SEC-12-066)	/library/SEC-12-066	/exhibit/SEC-12-066
Ex. SEC-12-074	Proclamation 21-14, COVID-19 Vaccination Requirement (Aug. 9, 2021), amended by 21-14.1 (Aug. 20, 2021)	Governor Jay Inslee	Aug. 9, 2021	Governor Jay Inslee, Proclamation 21-14, COVID-19 Vaccination Requirement (Aug. 9, 2021), amended by 21-14.1 (Aug. 20, 2021) (Ex. SEC-12-074)	/library/SEC-12-074	/exhibit/SEC-12-074
Ex. SEC-12-075	Fact Sheet of July 29, 2021 announcing the federal employee and onsite contractor attestation requirement	The White House (President Biden), implemented by the Safer Federal Workforce Task Force under EO 13991	July 29, 2021	The White House (President Biden), implemented by the Safer Federal Workforce Task Force under EO 13991, Fact Sheet of July 29, 2021 announcing the federal employee and onsite contractor attestation requirement (Ex. SEC-12-075)	/library/SEC-12-075	/exhibit/SEC-12-075
Ex. SEC-12-077	Certification of Vaccination form (PRA version 7)	Safer Federal Workforce Task Force / Office of Personnel Management (OMB Control No. 3206-0277)	July 29, 2021	Safer Federal Workforce Task Force / Office of Personnel Management (OMB Control No. 3206-0277), Certification of Vaccination form (PRA version 7) (July 29, 2021) (Ex. SEC-12-077)	/library/SEC-12-077	/exhibit/SEC-12-077
Ex. SEC-12-081	Oregon OSHA Administrative Order 10-2021: Renewed Masking Requirements in Rules Addressing the COVID-19 Public Health Emergency in All Workplaces (OAR…	Oregon OSHA	Aug. 13, 2021	Oregon OSHA, Oregon OSHA Administrative Order 10-2021: Renewed Masking Requirements in Rules Addressing the COVID-19 Public Health Emergency in All Workplaces (OAR 437-001-0744) (Aug. 13, 2021) (Ex. SEC-12-081)	/library/SEC-12-081	/exhibit/SEC-12-081
Ex. SEC-19-001	Guidance on the Essential Critical Infrastructure Workforce, Version 1.0	Department of Homeland Security, Cybersecurity and Infrastructure Security Agency (CISA)	Mar. 19, 2020	Department of Homeland Security, Cybersecurity and Infrastructure Security Agency (CISA), Guidance on the Essential Critical Infrastructure Workforce, Version 1.0 (Mar. 19, 2020) (Ex. SEC-19-001)	/library/SEC-19-001	/exhibit/SEC-19-001
Ex. SEC-19-002	Guidance on the Essential Critical Infrastructure Workforce, Version 2.0	CISA	Mar. 28, 2020	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 2.0 (Mar. 28, 2020) (Ex. SEC-19-002)	/library/SEC-19-002	/exhibit/SEC-19-002
Ex. SEC-19-003	Guidance on the Essential Critical Infrastructure Workforce, Version 3.0	CISA	Apr. 17, 2020	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 3.0 (Apr. 17, 2020) (Ex. SEC-19-003)	/library/SEC-19-003	/exhibit/SEC-19-003
Ex. SEC-19-004	Proclamation 10014	President of the United States	Apr. 22, 2020	President of the United States, Proclamation 10014 (Apr. 22, 2020) (Ex. SEC-19-004)	/library/SEC-19-004	/exhibit/SEC-19-004
Ex. SEC-19-005	Proclamation 10052	President of the United States	June 22, 2020	President of the United States, Proclamation 10052 (June 22, 2020) (Ex. SEC-19-005)	/library/SEC-19-005	/exhibit/SEC-19-005
Ex. SEC-19-006	Proclamation 10131	President of the United States	Dec. 31, 2020	President of the United States, Proclamation 10131 (Dec. 31, 2020) (Ex. SEC-19-006)	/library/SEC-19-006	/exhibit/SEC-19-006
Ex. SEC-19-007	Proclamation 10149	President of the United States	Feb. 24, 2021	President of the United States, Proclamation 10149 (Feb. 24, 2021) (Ex. SEC-19-007)	/library/SEC-19-007	/exhibit/SEC-19-007
Ex. SEC-19-008	Temporary final rule, 8 C.F.R. 214.2(h) and 20 C.F.R. 655 (FY 2021 H-2B supplemental cap)	Department of Homeland Security (USCIS) and Department of Labor (ETA)	May 25, 2021	Department of Homeland Security (USCIS) and Department of Labor (ETA), Temporary final rule, 8 C.F.R. 214.2(h) and 20 C.F.R. 655 (FY 2021 H-2B supplemental cap) (May 25, 2021) (Ex. SEC-19-008)	/library/SEC-19-008	/exhibit/SEC-19-008
Ex. SEC-19-009	COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502,.504,.505,.509	Department of Labor, Occupational Safety and Health Administration	June 21, 2021	Department of Labor, Occupational Safety and Health Administration, COVID-19 Healthcare Emergency Temporary Standard, 29 C.F.R. 1910.502,.504,.505,.509 (June 21, 2021) (Ex. SEC-19-009)	/library/SEC-19-009	/exhibit/SEC-19-009
Ex. SEC-19-010	Executive Order 14042	President of the United States	Sept. 9, 2021	President of the United States, Executive Order 14042 (Sept. 9, 2021) (Ex. SEC-19-010)	/library/SEC-19-010	/exhibit/SEC-19-010
Ex. SEC-19-011	Executive Order 2020-59	Governor Gretchen Whitmer	Apr. 24, 2020	Governor Gretchen Whitmer, Executive Order 2020-59 (Apr. 24, 2020) (Ex. SEC-19-011)	/library/SEC-19-011	/exhibit/SEC-19-011
Ex. SEC-19-012	Executive Order 2020-42	Governor Gretchen Whitmer	Apr. 9, 2020	Governor Gretchen Whitmer, Executive Order 2020-42 (Apr. 9, 2020) (Ex. SEC-19-012)	/library/SEC-19-012	/exhibit/SEC-19-012
Ex. SEC-19-013	Proclamation 20-25.3	Governor Jay Inslee	May 4, 2020	Governor Jay Inslee, Proclamation 20-25.3 (May 4, 2020) (Ex. SEC-19-013)	/library/SEC-19-013
Ex. SEC-19-014	Executive Order 2020-110	Governor Gretchen Whitmer	June 1, 2020	Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. SEC-19-014)	/library/SEC-19-014	/exhibit/SEC-19-014
Ex. SEC-19-015	Fingerprinting FAQs (May 15, 2020)	Department of Human Services (Office of Children, Youth and Families), with the Commonwealth's fingerprint vendor IdentoGO (IDEMIA)	May 15, 2020	Department of Human Services (Office of Children, Youth and Families), with the Commonwealth's fingerprint vendor IdentoGO (IDEMIA), Fingerprinting FAQs (May 15, 2020) (Ex. SEC-19-015)	/library/SEC-19-015	/exhibit/SEC-19-015
Ex. SEC-19-016	Emergency Executive Order No. 225	Mayor Bill de Blasio	Aug. 16, 2021	Mayor Bill de Blasio, Emergency Executive Order No. 225 (Aug. 16, 2021) (Ex. SEC-19-016)	/library/SEC-19-016	/exhibit/SEC-19-016
Ex. SEC-19-017	Unemployment Insurance Program Letter No. 15-20	Department of Labor, Employment and Training Administration	Apr. 4, 2020	Department of Labor, Employment and Training Administration, Unemployment Insurance Program Letter No. 15-20 (Apr. 4, 2020) (Ex. SEC-19-017)	/library/SEC-19-017	/exhibit/SEC-19-017
Ex. SEC-19-018	Temporary final rule, 8 C.F.R. 214.2(h)(6) and (h)(2)(i)(D)	Department of Homeland Security (USCIS)	May 14, 2020	Department of Homeland Security (USCIS), Temporary final rule, 8 C.F.R. 214.2(h)(6) and (h)(2)(i)(D) (May 14, 2020) (Ex. SEC-19-018)	/library/SEC-19-018	/exhibit/SEC-19-018
Ex. SEC-19-019	Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19)	Department of Labor, OSHA	July 7, 2021	Department of Labor, OSHA, Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. SEC-19-019)	/library/SEC-19-019	/exhibit/SEC-19-019
Ex. SEC-19-020	COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors	Safer Federal Workforce Task Force	Sept. 24, 2021	Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021) (Ex. SEC-19-020)	/library/SEC-19-020	/exhibit/SEC-19-020
Ex. SEC-19-023	10 NYCRR 2.61 (emergency regulation adopted Aug. 26, 2021)	New York State Department of Health, Public Health and Health Planning Council (emergency regulation)	Aug. 26, 2021	New York State Department of Health, Public Health and Health Planning Council (emergency regulation), 10 NYCRR 2.61 (emergency regulation adopted Aug. 26, 2021) (Ex. SEC-19-023)	/library/SEC-19-023	/exhibit/SEC-19-023
Ex. SEC-19-024	State Public Health Officer Order of August 5, 2021	State Public Health Officer (California Department of Public Health)	Aug. 5, 2021	State Public Health Officer (California Department of Public Health), State Public Health Officer Order of August 5, 2021 (Aug. 5, 2021) (Ex. SEC-19-024)	/library/SEC-19-024	/exhibit/SEC-19-024
Ex. SEC-19-025	Proclamation 21-14.1	Governor Jay Inslee	Aug. 20, 2021	Governor Jay Inslee, Proclamation 21-14.1 (Aug. 20, 2021) (Ex. SEC-19-025)	/library/SEC-19-025	/exhibit/SEC-19-025
Ex. SEC-19-026	Executive Order 2021-20 (COVID-19 Executive Order No. 87)	Governor JB Pritzker	Aug. 26, 2021	Governor JB Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. SEC-19-026)	/library/SEC-19-026	/exhibit/SEC-19-026
Ex. SEC-19-027	Executive Order No. 252	Governor Philip D. Murphy	Aug. 6, 2021	Governor Philip D. Murphy, Executive Order No. 252 (Aug. 6, 2021) (Ex. SEC-19-027)	/library/SEC-19-027	/exhibit/SEC-19-027
Ex. SEC-19-029	16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (permanent standard)	Virginia Safety and Health Codes Board (Department of Labor and Industry)	Jan. 27, 2021	Virginia Safety and Health Codes Board (Department of Labor and Industry), 16VAC25-220, Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (permanent standard) (Jan. 27, 2021) (Ex. SEC-19-029)	/library/SEC-19-029	/exhibit/SEC-19-029
Ex. SEC-19-032	Unemployment Insurance Weekly Claims news release of Apr. 2, 2020	Department of Labor, Employment and Training Administration	Apr. 2, 2020	Department of Labor, Employment and Training Administration, Unemployment Insurance Weekly Claims news release of Apr. 2, 2020 (Ex. SEC-19-032)	/library/SEC-19-032	/exhibit/SEC-19-032
Ex. SEC-19-034	COVID-19 Essential Services list (Exhibit A to COVID-19 Orders No. 13 and No. 21), as updated Mar. 31, 2020	Governor Charles D. Baker (Executive Office of Housing and Economic Development)	Mar. 31, 2020	Governor Charles D. Baker (Executive Office of Housing and Economic Development), COVID-19 Essential Services list (Exhibit A to COVID-19 Orders No. 13 and No. 21), as updated Mar. 31, 2020 (Ex. SEC-19-034)	/library/SEC-19-034	/exhibit/SEC-19-034
Ex. SEC-19-035	Interpretive Guidance COVID19-04 (Mar. 23, 2020)	Office of Legal Counsel to the Governor	Mar. 23, 2020	Office of Legal Counsel to the Governor, Interpretive Guidance COVID19-04 (Mar. 23, 2020) (Ex. SEC-19-035)	/library/SEC-19-035	/exhibit/SEC-19-035
Ex. SEC-19-038	The Employment Situation - April 2020 (news release of May 8, 2020)	Bureau of Labor Statistics	May 8, 2020	Bureau of Labor Statistics, The Employment Situation - April 2020 (news release of May 8, 2020) (Ex. SEC-19-038)	/library/SEC-19-038	/exhibit/SEC-19-038
Ex. SEC-19-041	15 U.S.C. 9023 (Federal Pandemic Unemployment Compensation)	Congress (CARES Act sec. 2104, as amended by the Continued Assistance for Unemployed Workers Act of 2020 and ARPA sec. 9013)	Mar. 27, 2020	Congress (CARES Act sec. 2104, as amended by the Continued Assistance for Unemployed Workers Act of 2020 and ARPA sec. 9013), 15 U.S.C. 9023 (Federal Pandemic Unemployment Compensation) (Mar. 27, 2020) (Ex. SEC-19-041)	/library/SEC-19-041	/exhibit/SEC-19-041
Ex. SEC-19-042	State Public Health Officer Order of August 11, 2021	State Public Health Officer (CDPH)	Aug. 11, 2021	State Public Health Officer (CDPH), State Public Health Officer Order of August 11, 2021 (Aug. 11, 2021) (Ex. SEC-19-042)	/library/SEC-19-042	/exhibit/SEC-19-042
Ex. SEC-19-043	Executive Order 2020-70	Governor Gretchen Whitmer	May 1, 2020	Governor Gretchen Whitmer, Executive Order 2020-70 (May 1, 2020) (Ex. SEC-19-043)	/library/SEC-19-043	/exhibit/SEC-19-043
Ex. SEC-19-GM-003	Organizer notice	Outdoor Power Equipment Institute with the National Association of Landscape Professionals and Hardscape North America partners	Oct. 13, 2021	Outdoor Power Equipment Institute with the National Association of Landscape Professionals and Hardscape North America partners, Organizer notice (Oct. 13, 2021) (Ex. SEC-19-GM-003)	/library/SEC-19-GM-003	/exhibit/SEC-19-GM-003
Ex. SEC-19-GM-004	Organizer notice	Reed Exhibitions (RX) with the Security Industry Association	Mar. 6, 2020	Reed Exhibitions (RX) with the Security Industry Association, Organizer notice (Mar. 6, 2020) (Ex. SEC-19-GM-004)	/library/SEC-19-GM-004	/exhibit/SEC-19-GM-004
Ex. SEC-19-GM-005	Organizer notice	Reed Exhibitions (RX) with the Security Industry Association	Apr. 9, 2020	Reed Exhibitions (RX) with the Security Industry Association, Organizer notice (Apr. 9, 2020) (Ex. SEC-19-GM-005)	/library/SEC-19-GM-005	/exhibit/SEC-19-GM-005
Ex. SEC-19-GM-006	Organizer notice	Reed Exhibitions (RX) with the Security Industry Association	June 25, 2020	Reed Exhibitions (RX) with the Security Industry Association, Organizer notice (June 25, 2020) (Ex. SEC-19-GM-006)	/library/SEC-19-GM-006	/exhibit/SEC-19-GM-006
Ex. SEC-19-GM-007	Organizer notice	Reed Exhibitions (RX) with the Security Industry Association	Nov. 12, 2020	Reed Exhibitions (RX) with the Security Industry Association, Organizer notice (Nov. 12, 2020) (Ex. SEC-19-GM-007)	/library/SEC-19-GM-007	/exhibit/SEC-19-GM-007
Ex. SEC-19-GM-008	Organizer notice	Reed Exhibitions (RX) with the Security Industry Association	July 23, 2021	Reed Exhibitions (RX) with the Security Industry Association, Organizer notice (July 23, 2021) (Ex. SEC-19-GM-008)	/library/SEC-19-GM-008	/exhibit/SEC-19-GM-008
Ex. SEC-19-GM-009	Organizer notice	ASIS International	June 22, 2020	ASIS International, Organizer notice (June 22, 2020) (Ex. SEC-19-GM-009)	/library/SEC-19-GM-009	/exhibit/SEC-19-GM-009
Ex. SEC-19-GM-010	Organizer notice	ASIS International	Sept. 30, 2021	ASIS International, Organizer notice (Sept. 30, 2021) (Ex. SEC-19-GM-010)	/library/SEC-19-GM-010	/exhibit/SEC-19-GM-010
Ex. SEC-19-GM-011	Organizer notice	Reed Exhibitions (RX) with the Security Industry Association	Aug. 13, 2020	Reed Exhibitions (RX) with the Security Industry Association, Organizer notice (Aug. 13, 2020) (Ex. SEC-19-GM-011)	/library/SEC-19-GM-011	/exhibit/SEC-19-GM-011
Ex. SEC-19-GM-012	Organizer notice	ISSA (The Worldwide Cleaning Industry Association) with Informa Markets	Aug. 17, 2020	ISSA (The Worldwide Cleaning Industry Association) with Informa Markets, Organizer notice (Aug. 17, 2020) (Ex. SEC-19-GM-012)	/library/SEC-19-GM-012	/exhibit/SEC-19-GM-012
Ex. SEC-19-GM-013	Organizer notice	ISSA (The Worldwide Cleaning Industry Association) with Informa Markets	Dec. 10, 2020	ISSA (The Worldwide Cleaning Industry Association) with Informa Markets, Organizer notice (Dec. 10, 2020) (Ex. SEC-19-GM-013)	/library/SEC-19-GM-013	/exhibit/SEC-19-GM-013
Ex. SEC-19-GM-014	Organizer notice	Mid-Atlantic Nursery Trade Show (Maryland, Virginia and West Virginia nursery and landscape associations)	Aug. 4, 2020	Mid-Atlantic Nursery Trade Show (Maryland, Virginia and West Virginia nursery and landscape associations), Organizer notice (Aug. 4, 2020) (Ex. SEC-19-GM-014)	/library/SEC-19-GM-014	/exhibit/SEC-19-GM-014
Ex. SEC-19-GM-015	Organizer notice	AmericanHort	Apr. 22, 2020	AmericanHort, Organizer notice (Apr. 22, 2020) (Ex. SEC-19-GM-015)	/library/SEC-19-GM-015	/exhibit/SEC-19-GM-015
Ex. SEC-19-GM-016	Organizer notice	The Experience Inc. (Experience Events)	Mar. 17, 2020	The Experience Inc. (Experience Events), Organizer notice (Mar. 17, 2020) (Ex. SEC-19-GM-016)	/library/SEC-19-GM-016	/exhibit/SEC-19-GM-016
Ex. SEC-19-GM-017	Organizer notice	The Experience Inc. (Experience Events)	Sept. 11, 2020	The Experience Inc. (Experience Events), Organizer notice (Sept. 11, 2020) (Ex. SEC-19-GM-017)	/library/SEC-19-GM-017	/exhibit/SEC-19-GM-017
Ex. SEC-19-GM-018	Organizer notice	U.S. Chamber of Commerce Foundation, Hiring Our Heroes	Mar. 30, 2021	U.S. Chamber of Commerce Foundation, Hiring Our Heroes, Organizer notice (Mar. 30, 2021) (Ex. SEC-19-GM-018)	/library/SEC-19-GM-018	/exhibit/SEC-19-GM-018
Ex. SEC-19-GM-019	Organizer notice	Reed Exhibitions (RX) with the Security Industry Association	Sept. 2, 2020	Reed Exhibitions (RX) with the Security Industry Association, Organizer notice (Sept. 2, 2020) (Ex. SEC-19-GM-019)	/library/SEC-19-GM-019	/exhibit/SEC-19-GM-019
Ex. SEC-19-GM-020	Organizer notice	Electronic Security Association	Apr. 13, 2020	Electronic Security Association, Organizer notice (Apr. 13, 2020) (Ex. SEC-19-GM-020)	/library/SEC-19-GM-020	/exhibit/SEC-19-GM-020
Ex. SEC-19-GM-021	Organizer notice	Electronic Security Association	June 21, 2021	Electronic Security Association, Organizer notice (June 21, 2021) (Ex. SEC-19-GM-021)	/library/SEC-19-GM-021	/exhibit/SEC-19-GM-021
Ex. SEC-19-GM-022	Organizer notice	National Association of Landscape Professionals	May 5, 2020	National Association of Landscape Professionals, Organizer notice (May 5, 2020) (Ex. SEC-19-GM-022)	/library/SEC-19-GM-022	/exhibit/SEC-19-GM-022
Ex. SEC-19-GM-023	Organizer notice	National Association of Landscape Professionals	July 22, 2020	National Association of Landscape Professionals, Organizer notice (July 22, 2020) (Ex. SEC-19-GM-023)	/library/SEC-19-GM-023	/exhibit/SEC-19-GM-023
Ex. SEC-19-GM-024	Organizer notice	National Association of Landscape Professionals	Oct. 20, 2020	National Association of Landscape Professionals, Organizer notice (Oct. 20, 2020) (Ex. SEC-19-GM-024)	/library/SEC-19-GM-024	/exhibit/SEC-19-GM-024
Ex. SEC-19-GM-025	Organizer notice	ISSA (The Worldwide Cleaning Industry Association) with Informa Markets	Dec. 9, 2020	ISSA (The Worldwide Cleaning Industry Association) with Informa Markets, Organizer notice (Dec. 9, 2020) (Ex. SEC-19-GM-025)	/library/SEC-19-GM-025	/exhibit/SEC-19-GM-025
Ex. SEC-19-GM-026	Organizer notice	AmericanHort	May 31, 2020	AmericanHort, Organizer notice (May 31, 2020) (Ex. SEC-19-GM-026)	/library/SEC-19-GM-026	/exhibit/SEC-19-GM-026
Ex. SEC-19-GM-027	Organizer notice	American Staffing Association	Sept. 28, 2020	American Staffing Association, Organizer notice (Sept. 28, 2020) (Ex. SEC-19-GM-027)	/library/SEC-19-GM-027	/exhibit/SEC-19-GM-027
Ex. SEC-19-GM-028	Organizer notice	American Staffing Association	Feb. 4, 2020	American Staffing Association, Organizer notice (Feb. 4, 2020) (Ex. SEC-19-GM-028)	/library/SEC-19-GM-028	/exhibit/SEC-19-GM-028
Ex. SEC-19-GM-029	Organizer notice	Illinois Landscape Contractors Association (Landscape Illinois)	Dec. 3, 2020	Illinois Landscape Contractors Association (Landscape Illinois), Organizer notice (Dec. 3, 2020) (Ex. SEC-19-GM-029)	/library/SEC-19-GM-029	/exhibit/SEC-19-GM-029
Ex. SEC-19-GM-032	Organizer notice	LRP Media Group / Human Resource Executive	Aug. 13, 2020	LRP Media Group / Human Resource Executive, Organizer notice (Aug. 13, 2020) (Ex. SEC-19-GM-032)	/library/SEC-19-GM-032	/exhibit/SEC-19-GM-032
Ex. SEC-19-GM-033	Organizer notice	Trade Press Media Group (CleanLink) with ISSA (CBE); Trade Press Media Group (NFMT)	Mar. 28, 2020	Trade Press Media Group (CleanLink) with ISSA (CBE); Trade Press Media Group (NFMT), Organizer notice (Mar. 28, 2020) (Ex. SEC-19-GM-033)	/library/SEC-19-GM-033	/exhibit/SEC-19-GM-033
Ex. SEC-19-GM-034	Organizer notice	American Staffing Association	Dec. 20, 2021	American Staffing Association, Organizer notice (Dec. 20, 2021) (Ex. SEC-19-GM-034)	/library/SEC-19-GM-034	/exhibit/SEC-19-GM-034
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004

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=19&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.