Eligibility report

Governmental Orders Record and Eligibility Analysis

Illinois

2021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 223 instruments cited; 221 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=IL&quarters=2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: State Illinois and no metropolitan area (elsewhere in the State). Quarters: 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?state=IL&quarters=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.

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

Illinois, first day (July 1, 2021): July 1, 2021: Disaster Proclamation of June 25 (Ex. IL-047); EO 2021-14 (June 25, Ex. IL-071) re-issuing through July 24: Phase 5 order EO 2021-12 (masks mandatory in transportation, congregate and health-care settings), EO 2021-03 (regional metrics), EO 2021-13 (eviction moratorium: enforcement stay for covered persons), EO 2020-09 secs. 9-10 (telehealth coverage), EO 2020-04 sec. 2 (Thompson Center closed to the public), EO 2020-29 (insurance licensing suspensions), EO 2020-40 (schools), EO 2020-30 (eviction provisions); Supreme Court eviction-certification order (Ex. IL-067) operative until the moratorium expires; no general capacity, gathering or telework mandate in force.

Illinois, last day (Sept. 30, 2021): September 30, 2021: Disaster Proclamation of Sept. 17 (Ex. IL-046); EO 2021-23 (Sept. 17, Ex. IL-044) re-issuing through Oct. 16: EO 2021-12 (Phase 5, as amended), EO 2021-03, EO 2021-13 (eviction enforcement stay through Oct. 3, 2021), EO 2021-18 (masks required indoors in all P-12 schools, day cares and long-term care facilities regardless of vaccination status, Ex. IL-040), EO 2021-22 (universal indoor face-covering mandate from Aug. 30 for all persons over two in any indoor public place; 'all employers must ensure that employees wear face coverings in indoor workplaces'; health care workers, school personnel and higher-education personnel and students to have a first vaccine dose by Sept. 19, 2021 or be tested at least weekly; State congregate-facility employees, contractors and vendors fully vaccinated by Oct. 4, 2021, Ex. IL-043), EO 2020-09 (telehealth), EO 2020-40 (schools); EO 2021-24 as amended by EO 2021-25 (Exs. IL-045, IL-072): every school must exclude confirmed and probable cases for ten days and close contacts for fourteen days (or test-to-stay); Supreme Court eviction-certification order (Ex. IL-067).

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	2021 Q3	Total
Federal layer	167	167
State of Illinois	22	22
Agencies, boards and authorities	17	17
Standing duties	39	39
All layers	245	245

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. 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.

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

Federal layer

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: 92 (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-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 emergency due to a novel coronavirus

H.Res. 965 (116th Congress) - Remote Voting by Proxy and Remote Committee Proceedings

U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), United States House of Representatives (Federal)

Dates: In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capOther
Functions reached: EV Capitol Hill commerce (the Capitol complex was closed to public tours from Mar. 12, 2020 through 2021); CS lobbying, government relations and hospitality in Washington
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

SECTION 1. AUTHORIZATION OF REMOTE VOTING BY PROXY DURING PUBLIC HEALTH EMERGENCY DUE TO NOVEL CORONAVIRUS. (a) AUTHORIZATION.--Notwithstanding rule III, at any time after the Speaker or the Speaker's designee is notified by the Sergeant-at-Arms, in consultation with the Attending Physician, that a public health emergency due to a novel coronavirus is in effect, the Speaker or the Speaker's designee, in consultation with the Minority Leader or the Minority Leader's designee, may designate a period (hereafter in this resolution referred to as a ''covered period'') during which a Member who is designated by another Member as a proxy... SEC. 3. PROCESS FOR VOTING DURING COVERED PERIODS. (a) RECORDED VOTES ORDERED.-- (1) IN GENERAL.--Notwithstanding clause 6 of rule I, during a covered period, the yeas and nays shall be considered as ordered on any vote on which a recorded vote or the yeas…

Enforcement: House rule

Citation: 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) Open the exhibit

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: 92 (the whole quarter)

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-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: 92 (the whole quarter)

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-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: 92 (the whole quarter)

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: 92 (the whole quarter)

[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-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: 92 (the whole quarter)

§ 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-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-307

Updated Amended Standing Order 21-04

In re: Court Operations Under the Exigent Circumstances Created by COVID-19 (Updated Amended, Sept. 3, 2021)

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

Dates: In force from Sept. 3, 2021 to Dec. 29, 2021
Quarters: 2021 Q3
Limitations: Capacity limitFace-covering requirementCourts and public offices
Functions reached: CT jury selections capped at one per vicinage; masks for all entrants regardless of vaccination status; temperature screening (Sept. 2021); CS
Grade: Primary source read
Days in this quarter: 28 (in force on the last day)

[WHEREAS the Delta] and other variants, and on July 27, 2021, the CDC recommended that all persons, including those fully vaccinated against COVID-19, wear a mask in public indoor settings, in areas of [substantial or high transmission]... [the Court has required] full vaccination of its employees, while continuing its protocols of temperature screening and hand sanitizing by all entrants to the District's courthouses, and mask wearing in all public areas of Court facilities by entrants and occupants thereof, regardless of vaccination status;... 1. No more than one jury selection, either civil or criminal, shall occur in each vicinage of this Court at one time... 2. Multiple, simultaneous jury trials may be conducted in each of this Court's vicinages, but the number of simultaneous criminal jury trials involving detainees in each [vicinage is limited]... DATED: September 3, 2021

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307) 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: 48 (in force on the first day)

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

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: 92 (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: 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 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: 92 (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: 92 (the whole quarter)

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

Enforcement: Framework for FDA emergency use authorizations

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

Ex. FED-001

Proclamation 9994

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-160

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

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

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

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

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

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

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

Ex. FED-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: 92 (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: 92 (the whole quarter)

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

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

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

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-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-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

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: 19 (in force on the first day)

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-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

Ex. FED-132

FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)

New York; Major Disaster and Related Determinations, 85 Fed. Reg. 20702 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (New York) (Federal)

Dates: In force from Mar. 20, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [New York] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [New York].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132) Open the exhibit

Ex. FED-104

FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)

California; Major Disaster and Related Determinations, 85 Fed. Reg. 20703 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (California) (Federal)

Dates: In force from Mar. 22, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [California] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [California].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104) Open the exhibit

Ex. FED-147

FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)

Washington; Major Disaster and Related Determinations, 85 Fed. Reg. 20704 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Washington) (Federal)

Dates: In force from Mar. 22, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Washington] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Washington].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147) Open the exhibit

Ex. FED-071

Executive Order 13910

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

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 23, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC PPE procurement and inventory of every employer; RT retail of designated materials; DS wholesale distribution
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

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

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

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

Ex. FED-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)

QSO-20-20-ALL, Prioritization of Survey Activities

CMS, Quality, Safety & Oversight Group, United States (all Medicare/Medicaid certified providers and suppliers; CLIA laboratories) (Federal)

Dates: In force from Mar. 23, 2020 to May 1, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersCourts and public offices
Functions reached: CT/HR licensure, certification and survey functions of every certified provider (initial certifications, changes of ownership and revisits delayed); IC (focused infection control surveys imposed)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

On Friday, March 13, 2020, the President declared a national emergency, which triggers the Secretary's ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). [CMS suspends standard surveys and prioritizes survey activity to immediate jeopardy complaints, infection control surveys and other listed categories for a three-week period, then as extended.]

Enforcement: Governs State Survey Agency operations (federal survey and certification)

Citation: 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) Open the exhibit

Ex. FED-115

FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)

Iowa; Major Disaster and Related Determinations, 85 Fed. Reg. 20704 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Iowa) (Federal)

Dates: In force from Mar. 23, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Iowa] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Iowa].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115) Open the exhibit

Ex. FED-118

FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)

Louisiana; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Louisiana) (Federal)

Dates: In force from Mar. 24, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Louisiana] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Louisiana].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118) Open the exhibit

Ex. FED-183

Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices

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

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

Dates: In force from Mar. 24, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationSupply chain
Functions reached: context for SC (ventilators, face shields, gowns, decontamination)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

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

Enforcement: Framework

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

Ex. FED-074

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

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

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

Dates: In force from Mar. 25, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC PPE for every industry (dental CH/ST/SC; physician SC; hospitals SC; home care SC; personal services SL; construction JS; manufacturing PF)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

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

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

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

Ex. FED-109

FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)

Florida; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Florida) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Florida] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Florida].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109) Open the exhibit

Ex. FED-130

FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)

New Jersey; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (New Jersey) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [New Jersey] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [New Jersey].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130) Open the exhibit

Ex. FED-133

FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)

North Carolina; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (North Carolina) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [North Carolina] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [North Carolina].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133) Open the exhibit

Ex. FED-143

FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)

Texas; Major Disaster and Related Determinations, 85 Fed. Reg. 20699 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Texas) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Texas] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Texas].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143) Open the exhibit

Ex. FED-113

FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)

Illinois; Major Disaster and Related Determinations, 85 Fed. Reg. 20703 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Illinois) (Federal)

Dates: In force from Mar. 26, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Illinois] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Illinois].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113) Open the exhibit

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.

State of Illinois

Ex. IL-034

Executive Order 2021-03 (COVID-19 Executive Order No. 73)

Metrics for regional movement between mitigation Tiers and Phases (Phase 4 baseline; Tier 1, 2 and 3 contents; IDPH determinations)

Governor JB Pritzker, Illinois (State)

Dates: In force from Jan. 19, 2021 to Oct. 16, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Business closureCapacity limitGathering capAlcohol and barsOther
Functions reached: all functions reached by Phase 4 and the Tiers; the mechanism by which regions moved Jan. 19-Feb. 4, 2021
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 1: Metrics for regional movement between mitigation Tiers and Phases. The following metrics dictate which set of mitigation measures apply to the counties (or the City of Chicago) within an EMS region. The Illinois Department of Public Health (IDPH) will track and report on an updated basis which set of mitigation measures apply to which EMS regions on the IDPH website. In May 2020, I announced a five-phase Restore Illinois plan for safely reopening the State. The State has progressed to Phase 4 of that plan, and will remain in Phase 4 until a vaccine or highly effective treatment is widely available (Phase 5). The Phase 4 mitigation measures thus set the baseline for the State's COVID-19 public health restrictions. Within Phase 4, I worked with experts in the Department of Public Health to put forward a deliberate plan that utilizes additional 'tiers' of mitigation measures to…

Enforcement: Through the Phase 4 and Tier orders it governs; IDPH determinations published on its website

Citation: Governor JB Pritzker, Executive Order 2021-03 (COVID-19 Executive Order No. 73) (Jan. 19, 2021) (Ex. IL-034) Open the exhibit

Ex. IL-002

Executive Order 2020-04 (COVID-19 Executive Order No. 2)

Cancellation of gatherings of 1,000 or more; closure of the James R. Thompson Center; State employee sick leave

Governor JB Pritzker, Illinois (State)

Dates: In force from Mar. 13, 2020 to Mar. 18, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capEvents and venuesCourts and public offices
Functions reached: MK events and shows; EV conferences; GATH; CT State offices closed to the public
Grade: Primary source read
Days in this quarter: 0

Section 1. Beginning March 13, 2020, all public and private gatherings in the State of Illinois of 1,000 or more people are cancelled for the duration of the Gubernational Disaster Proclamation. A public or private gathering includes any event in which appropriate social distancing measures cannot be maintained, such as concerts, festivals, conferences, sporting events, or other planned events with large numbers of people in attendance.... Section 2. Beginning March 16, 2020, the James R. Thompson Center located at 100 W. Randolph Street, Chicago, Illinois, is closed for the duration of the Gubernational Disaster Proclamation to members of the public, except as necessary for the conduct of state business, to obtain services from a state agency or constitutional office, or to operate a business located in the James R. Thompson Center.

Enforcement: 20 ILCS 3305/7; the Thompson Center closure was administered by the Department of Central Management Services (EO 2021-15)

Citation: Governor JB Pritzker, Executive Order 2020-04 (COVID-19 Executive Order No. 2) (Mar. 13, 2020) (Ex. IL-002) Open the exhibit

Ex. IL-017

Executive Order 2020-40 (COVID-19 Executive Order No. 38)

Schools: limited in-person educational purposes under IDPH Phase 3 guidance (ten or fewer per space; face coverings)

Governor JB Pritzker, Illinois (State)

Dates: In force from June 4, 2020 to July 24, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capFace-covering requirementSchools and child care
Functions reached: IN in-person instruction; WF workforce (children); EC extended care
Grade: Primary source read
Days in this quarter: 0

Section 1. All public and nonpublic schools in Illinois serving pre-kindergarten through 12th grade students may open for limited in-person educational purposes, such as summer school, following the completion of the regular 2019-2020 school term.... Schools must follow IDPH guidance during Phase 3 and take proactive measures to ensure the safety of students, staff, and visitors, including, but not limited to: Limiting the number of people in one space to ten or fewer, consistent with public health guidance. Ensuring compliance with social distancing requirements to the greatest extent possible.... Requiring the use of appropriate personal protective equipment, including face coverings.

Enforcement: 20 ILCS 3305/7; ISBE and IDPH guidance made binding

Citation: Governor JB Pritzker, Executive Order 2020-40 (COVID-19 Executive Order No. 38) (June 4, 2020) (Ex. IL-017) Open the exhibit

Ex. IL-020

Executive Order 2020-47 (COVID-19 Executive Order No. 44)

Schools: in-person instruction for 2020-21 under IDPH and ISBE Phase 4 guidance (fifty or fewer per space; symptom screening; face coverings)

Governor JB Pritzker, Illinois (State)

Dates: In force from July 24, 2020 to Oct. 16, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capFace-covering requirementSchools and child careWorkplace rules
Functions reached: IN in-person instruction; WF workforce (hybrid and remote schooling); TR transport; AC athletics and activities; FS food service
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 1. All public and nonpublic schools in Illinois serving pre-kindergarten through 12th grade students may open for in-person educational purposes following the completion of the regular 2019-2020 school term. All public and nonpublic schools must follow IDPH and ISBE guidance during Phase 4 and take proactive measures to ensure the safety of students, staff, and visitors, including, but not limited to the following public health guidelines: Limiting the number of people in one space to fifty or fewer. Ensuring compliance with social distancing requirements to the greatest extent possible.... Requiring symptom screenings and temperature checks or requiring individuals to self-certify that they are free of COVID-19 symptoms before entering school buildings.... Requiring the use of appropriate personal protective equipment by students, staff, and visitors, including the use of face…

Enforcement: 20 ILCS 3305/7; IDPH/ISBE joint guidance made binding

Citation: Governor JB Pritzker, Executive Order 2020-47 (COVID-19 Executive Order No. 44) (July 24, 2020) (Ex. IL-020) Open the exhibit

Ex. IL-001

Gubernatorial Disaster Proclamation (COVID-19)

Gubernatorial Disaster Proclamation declaring all counties in the State of Illinois a disaster area

Governor JB Pritzker, Illinois (State)

Dates: In force from Mar. 9, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: all (predicate)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 1. Pursuant to the provisions of Section 7 of the Illinois Emergency Management Agency Act, 20 ILCS 3305/7, I find that a disaster exists within the State of Illinois and specifically declare all counties in the State of Illinois as a disaster area.... Section 11. This proclamation shall be effective immediately and remain in effect for 30 days. Issued by the Governor March 9, 2020

Enforcement: Predicate for every COVID-19 executive order, each of which runs 'for the remainder of the duration of the Gubernatorial Disaster Proclamation'; sec. 9 prohibits price increases under 20 ILCS 3305/7(14)

Citation: Governor JB Pritzker, Gubernatorial Disaster Proclamation (COVID-19) (Mar. 9, 2020) (Ex. IL-001) Open the exhibit

Ex. IL-068

Executive Order 2020-09 (COVID-19 Executive Order No. 7)

Telehealth: definition of Telehealth Services; health insurers required to cover telehealth services; confidentiality and technology accommodations for providers

Governor JB Pritzker, Illinois (State)

Dates: In force from Mar. 19, 2020 to Oct. 16, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth under waivers; CL clinical intake (converted to remote); IN insurance; CB patients and payers
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 1. 'Telehealth Services' shall be defined to include the provision of health care, psychiatry, mental health treatment, substance use disorder treatment, and related services to a patient, regardless of their location, through electronic or telephonic methods, such as telephone (landline or cellular), video technology commonly available on smart phones and other devices such as FaceTime, Facebook Messenger video chat, Google Hangouts video, or Skype, and videoconferencing... Section 9. A covered health care provider and/or covered entity subject to the requirements of the Mental Health and Developmental Disabilities Confidentiality Act, 740 ILCS 110, that uses audio or video communication technology to provide Telehealth Services to mental health and developmental disability patients may use any non-public facing remote communication product in accordance with Section 1 of this…

Enforcement: 20 ILCS 3305/7; Department of Insurance

Citation: Governor JB Pritzker, Executive Order 2020-09 (COVID-19 Executive Order No. 7) (Mar. 19, 2020) (Ex. IL-068) Open the exhibit

Ex. IL-011

Executive Order 2020-29 (COVID-19 Executive Order No. 27)

Suspension of in-person education and examination requirements for insurance producer and public adjuster licensing

Governor JB Pritzker (for the Illinois Department of Insurance), Illinois (Sector regulator)

Dates: In force from Apr. 20, 2020 to Aug. 21, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: HR hiring, licensing and training (insurance); IN insurance
Grade: Primary source read
Days in this quarter: 52 (in force on the first day)

Section 1. During the duration of the Gubernatorial Disaster Proclamations, the following specific provisions of the Illinois Insurance Code and their accompanying regulations, which require in-person education and/or exams within a certain time frame in order to maintain or obtain a professional insurance license are suspended only to the extent set forth below: The requirements for hours of classroom courses for insurance producer and public adjuster licensing set forth in 215 ILCS 5/500-30(a)(3) and (b), and 5/1565(a), and accompanying regulations at 50 Ill. Adm. Code 3119.50(b) and 3118.65(a), are suspended to the extent necessary to permit required hours of coursework to be completed via webinar or other approved distance learning. The limitation on temporary insurance producer licenses issued pursuant to 215 ILCS 5/500-65 to 90 days is suspended.

Enforcement: 20 ILCS 3305/7; Department of Insurance licensing

Citation: Governor JB Pritzker (for the Illinois Department of Insurance), Executive Order 2020-29 (COVID-19 Executive Order No. 27) (Apr. 20, 2020) (Ex. IL-011) Open the exhibit

Ex. IL-012

Executive Order 2020-30 (COVID-19 Executive Order No. 28)

Prohibition on commencement of residential eviction actions; cessation of enforcement of non-residential eviction orders

Governor JB Pritzker, Illinois (State)

Dates: In force from Apr. 23, 2020 to Nov. 13, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management (residential and commercial); CM commercial leasing; SV servicing and collections; CT courts
Grade: Primary source read
Days in this quarter: 0

Section 2. A person or entity may not commence a residential eviction action pursuant to or arising under 735 ILCS 5/9-101 et seq., unless a tenant poses a direct threat to the health and safety of other tenants, an immediate and severe risk to property, or a violation of any applicable building code, health ordinance, or similar regulation.... Section 3. All state, county, and local law enforcement officers in the State of Illinois are instructed to cease enforcement of orders of eviction for non-residential premises, unless the tenant has been found to pose a direct threat to the health and safety of other tenants, an immediate and severe risk to property, or a violation of any applicable building code, health ordinance, or similar regulation.

Enforcement: Direction to all law enforcement officers under 20 ILCS 3305/7(2), (8), (10); circuit courts

Citation: Governor JB Pritzker, Executive Order 2020-30 (COVID-19 Executive Order No. 28) (Apr. 23, 2020) (Ex. IL-012) Open the exhibit

Ex. IL-067

M.R. 30370, In re: Illinois Courts Response to COVID-19 Emergency / Residential Eviction Proceedings (amended order of April 6, 2021, amending the orders of Dec. 22, 2020 and Feb. 23, 2021)

Residential eviction proceedings: certification form required with every eviction complaint; judicial review of every eviction filing until the Governor's moratorium expires

Supreme Court of Illinois, Illinois (Court)

Dates: In force from Apr. 6, 2021 to Oct. 3, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management; CT courts and clerks; SV collections
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

IT IS HEREBY ORDERED that, until the Governor's moratorium contained in Executive Order 2020-72, as amended by Executive Order 2020-74, Executive Order 2021-05, Executive Order 2021-06, and any subsequent Executive Order extending or reissuing Executive Order 2020-72 (together, the 'Executive Order'), expires: 1. The filing of a complaint in any eviction case must be accompanied by the attached certification form prescribed by this order to demonstrate that the plaintiff/landlord has provided each defendant/tenant with a form declaration made available by the Illinois Housing Development Authority... 2. Under the Executive Order, a person or entity cannot commence an eviction against a 'covered person'... 3. Promptly upon filing, eviction cases are to be referred by the Clerk to a judge designated by the Court to review all such complaints.

Enforcement: Supervisory order; the Court 'taking no position on the legal validity of such executive orders'

Citation: Supreme Court of Illinois, M.R. 30370, In re: Illinois Courts Response to COVID-19 Emergency / Residential Eviction Proceedings (amended order of April 6, 2021, amending the orders of Dec. 22, 2020 and Feb. 23, 2021) (Apr. 6, 2021) (Ex. IL-067) Open the exhibit

Ex. IL-037

Executive Order 2021-12 (COVID-19 Executive Order No. 81)

Phase 5 Reopening Order

Governor JB Pritzker, Illinois (State)

Dates: In force from June 11, 2021 to Oct. 16, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementOther
Functions reached: MASK (transportation, transportation hubs, congregate facilities, health care) for all persons all quarter; WF commuting by transit under a mask mandate; IC infection control (health-care masking); IN/EC schools and day care under separate binding guidance
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The intent of this Executive Order is to safely and conscientiously, and in a manner consistent with CDC guidance, expand activities that were limited during the prior mitigation Phases of the State's response to the COVID-19 pandemic. This Executive Order supersedes Executive Order 2021-10.... Face coverings. Any individual who is not fully vaccinated and who is over age two and able to medically tolerate a face covering... should cover their nose and mouth with a face covering when in a public place and unable to maintain a six-foot social distance. All individuals, including those who are fully vaccinated, shall be required to wear a face covering consistent with CDC guidance, including (1) on planes, buses, trains, and other forms of public transportation and in transportation hubs such as airports and train and bus stations; (2) in congregate facilities such as correctional…

Enforcement: 'This Executive Order may be enforced by State and local law enforcement pursuant to, inter alia, Section 7, Section 15, Section 18, and Section 19 of the Illinois Emergency Management Agency Act, 20 ILCS 3305.'

Citation: Governor JB Pritzker, Executive Order 2021-12 (COVID-19 Executive Order No. 81) (June 11, 2021) (Ex. IL-037) Open the exhibit

Ex. IL-038

Executive Order 2021-13 (COVID-19 Executive Order No. 82)

Residential eviction moratorium: phase-out (Covered Persons; filings against non-covered persons from June 25, 2021; garnishment suspension rescinded)

Governor JB Pritzker, Illinois (State)

Dates: In force from June 11, 2021 to Oct. 3, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management; SV servicing and collections; CT courts; CB tenant base
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 2. A person or entity may not commence or continue a residential eviction action pursuant to or arising under 735 ILCS 5/9-101 et seq. against a Covered Person unless that person poses a direct threat to the health and safety of other tenants or an immediate and severe risk to property. Section 3. A person or entity may not commence a residential eviction action... against a Non-Covered Person who does not owe rent unless that person poses a direct threat... This provision is effective until June 25, 2021, whereafter this Section shall be rescinded. Section 4. All state, county, and local law enforcement officers in the State of Illinois are instructed to cease enforcement of orders of eviction for residential premises entered against a Covered Person or Non-Covered Person, unless that person has been found to pose a direct threat to the health and safety of other tenants or an…

Enforcement: Direction to all law enforcement officers under 20 ILCS 3305/7(2), (8), (10); circuit courts under the Supreme Court's certification order (IL-067)

Citation: Governor JB Pritzker, Executive Order 2021-13 (COVID-19 Executive Order No. 82) (June 11, 2021) (Ex. IL-038) Open the exhibit

Ex. IL-047

Gubernatorial Disaster Proclamation (COVID-19), renewal of June 25, 2021

Gubernatorial Disaster Proclamation declaring all counties a disaster area (30-day renewal; the proclamation in force on July 1, 2021)

Governor JB Pritzker, Illinois (State)

Dates: In force from June 25, 2021 to July 25, 2021
Quarters: 2021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: all (predicate)
Grade: Primary source read
Days in this quarter: 25 (in force on the first day)

Enforcement: Predicate for EO 2021-14 issued the same day

Citation: Governor JB Pritzker, Gubernatorial Disaster Proclamation (COVID-19), renewal of June 25, 2021 (Ex. IL-047) Open the exhibit

Ex. IL-071

Executive Order 2021-14 (COVID-19 Executive Order No. 83)

Re-issue of COVID-19 executive orders through July 24, 2021 (Phase 5; eviction moratorium as amended; telehealth; Thompson Center; schools)

Governor JB Pritzker, Illinois (State)

Dates: In force from June 25, 2021 to July 24, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementSchools and child careCourts and public officesOther
Functions reached: MASK (transportation, congregate, health care); PM eviction; TM telehealth; CT Thompson Center; IN schools
Grade: Primary source read
Days in this quarter: 24 (in force on the first day)

Part 1: Re-Issue of Executive Orders. Executive Orders 2020-04, 2020-07, 202[0-09...]... Executive Order 2021-13 (Residential eviction moratorium): Sections 1, 2, 4, 5, 7, and 8 Executive Order 2021-13, as amended and revised below, are re-issued and extended through July 24, 2021. Section 4. All state, county, and local law enforcement officers in the State of Illinois are instructed to cease enforcement of orders of eviction for residential premises entered against a Covered Person or Non-Covered Person, unless that person has been found to pose a direct threat to the health and safety of other tenants or an immediate and severe risk to property. This section shall not apply to orders entered before March 20, 2020 and, beginning on June 25, 2021, or to orders entered against Non-Covered Persons.

Enforcement: As in each re-issued order

Citation: Governor JB Pritzker, Executive Order 2021-14 (COVID-19 Executive Order No. 83) (June 25, 2021) (Ex. IL-071) Open the exhibit

Ex. IL-039

Executive Order 2021-15 (COVID-19 Executive Order No. 84)

Re-issue of COVID-19 executive orders through August 21, 2021

Governor JB Pritzker, Illinois (State)

Dates: In force from July 23, 2021 to Aug. 21, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careCourts and public officesOther
Functions reached: MASK (transportation, congregate, health care); CT Thompson Center closed to the public; PM eviction moratorium; TM telehealth coverage; IN schools (EO 2020-40); HR insurance licensing (EO 2020-29)
Grade: Primary source read
Days in this quarter: 30

Part 1: Re-Issue of Executive Orders. Executive Orders 2020-04, 2020-09, 2020-11, 2020-12, 2020-15, 2020-20, 2020-21, 2020-23, 2020-24, 2020-27, 2020-29, 2020-30, 2020-36, 2020-40, 2020-45, 2020-50, 2020-68, 2021-03, 2021-12, and 2021-13 are hereby re-issued as follows: Executive Order 2020-04 (Closure of James R. Thompson Center; waiver of sick leave requirement for State employees): Sections 2 and 3 of Executive Order 2020-04 are re-issued and extended through August 21, 2021.

Enforcement: As in each re-issued order

Citation: Governor JB Pritzker, Executive Order 2021-15 (COVID-19 Executive Order No. 84) (July 23, 2021) (Ex. IL-039) Open the exhibit

Ex. IL-040

Executive Order 2021-18 (COVID-19 Executive Order No. 85)

School, day care and long-term care mitigation measures (universal indoor face coverings regardless of vaccination status)

Governor JB Pritzker, Illinois (State)

Dates: In force from Aug. 4, 2021 to Oct. 16, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careHealth care ordersWorkplace rules
Functions reached: IN in-person instruction; EC child care; RS residential care; WF workforce (children's schooling; quarantine and isolation strategies); IC infection control (long-term care)
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

Section 1: School Mitigation Measures. All public and nonpublic schools in Illinois serving pre-kindergarten through 12th grade students must follow the joint guidance issued by ISBE and IDPH and take proactive measures to ensure the safety of students, staff, and visitors, including, but not limited to: Requiring the indoor use of face coverings by students, staff, and visitors who are over age two and able to medically tolerate a face covering, regardless of vaccination status, consistent with CDC guidance; and, Implementing other layered prevention strategies (such as physical distancing, screening testing, ventilation, handwashing and respiratory etiquette, advising individuals to stay home when sick and get tested, contact tracing in combination with appropriate quarantine and isolation, and cleaning and disinfection)... Section 2: Day Care Mitigation Measures. All day care…

Enforcement: 20 ILCS 3305/7 and 19; ISBE and IDPH joint guidance and DCFS/IDPH joint guidance made binding; ISBE placed non-compliant schools on probation (not verified in this session)

Citation: Governor JB Pritzker, Executive Order 2021-18 (COVID-19 Executive Order No. 85) (Aug. 4, 2021) (Ex. IL-040) Open the exhibit

Ex. IL-041

Executive Order 2021-19 (COVID-19 Executive Order No. 86)

Re-issue of COVID-19 executive orders through September 18, 2021 (amending the eviction moratorium and the school mitigation order)

Governor JB Pritzker, Illinois (State)

Dates: In force from Aug. 20, 2021 to Sept. 18, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careCourts and public officesOther
Functions reached: MASK; SCH; PM eviction; TM telehealth
Grade: Primary source read
Days in this quarter: 30

Part 1: Re-Issue of Executive Orders. Executive Orders 2020-04, 2020-09, 2020-11, 2020-12, 2020-15, 2020-20, 2020-21, 2020-23, 2020-24, 2020-27, 2020-30, 2020-36, 2020-40, 2020-45, 2020-50, 2020-68, 2021-03, 2021-12, 2021-13, and 2021-18 are hereby re-issued as follows: Executive Order 2020-04 (Waiver of sick leave requirement for State employees): Section 3 of Executive Order 2020-04 is re-issued and extended through September 18, 2021.... Executive Order 2021-13 (Residential eviction moratorium): Sections 1, 4, 5, 7, and 8 Executive Order 2021-13, as amended by Executive Order 2021-14, are re-issued and extended through September 18, 2021.... Executive Order 2021-18 (Mitigation measures): Executive Order 2021-18, as amended and revised below, is re-issued in its entirety and extended through September 18, 2021.

Enforcement: As in each re-issued order

Citation: Governor JB Pritzker, Executive Order 2021-19 (COVID-19 Executive Order No. 86) (Aug. 20, 2021) (Ex. IL-041) Open the exhibit

Ex. IL-042

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

Face covering requirements for individuals (universal indoor mandate from Aug. 30, 2021); vaccination requirements for Health Care Workers, School Personnel, Higher Education Personnel and students, and State-owned or operated congregate facilities

Governor JB Pritzker, Illinois (State)

Dates: In force from Aug. 26, 2021 to Sept. 3, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careHealth care ordersWorkplace rulesVaccination or testing
Functions reached: MASK all indoor public places and workplaces (all industries); HR/WF vaccination status and weekly testing for health care, school and higher-education workforces; IC infection control; CB (masked customers); WF State congregate-facility contractors and vendors
Grade: Primary source read
Days in this quarter: 9

Section 1: Face covering requirements for individuals. Beginning on Monday, August 30, 2021, all individuals in Illinois who are age two or over and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering when in an indoor public place.... Face coverings may be removed temporarily while actively eating or drinking (including in bars or restaurants), and may be removed by workers at workplaces when they can consistently maintain six feet of distance (such as when workers are in their office or cubicle space). All individuals, including those who are fully vaccinated, shall continue to be required to wear a face covering (1) on planes, buses, trains, and other forms of public transportation and in transportation hubs...; (2) in congregate facilities...; and (3) in healthcare settings. Section 2…

Enforcement: 20 ILCS 3305/7 and 19; Health Care Facilities and Schools must exclude non-compliant workers from the premises; IDPH and ISBE emergency rulemaking authorized

Citation: Governor JB Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. IL-042) Open the exhibit

Ex. IL-043

Executive Order 2021-22 (COVID-19 Executive Order No. 88)

Face covering and vaccination requirements, amended (employer duty in indoor workplaces; first-dose deadline Sept. 19, 2021; weekly testing from Sept. 19)

Governor JB Pritzker, Illinois (State)

Dates: In force from Sept. 3, 2021 to Oct. 16, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careHealth care ordersWorkplace rulesVaccination or testing
Functions reached: MASK every indoor workplace and public place (employer duty); HR/WF vaccination or weekly testing (health care, schools, higher education); IC; CB
Grade: Primary source read
Days in this quarter: 28 (in force on the last day)

Section 1: Face covering requirements for individuals. Beginning on Monday, August 30, 2021, all individuals in Illinois who are age two or over and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering when in an indoor public place. All employers must ensure that employees wear face coverings in indoor workplaces.... Face coverings may be removed temporarily while actively eating or drinking (including in bars or restaurants), and may be removed by employees at workplaces when they can consistently maintain six feet of distance (such as when employees are in their office or cubicle space).... All Health Care Workers must have, at a minimum, the first dose of a two-dose COVID-19 vaccine series or a single-dose COVID-19 vaccine by September 19, 2021, and the second dose of a two-dose COVID-19…

Enforcement: 20 ILCS 3305/7 and 19; employers' duty as to employees; facilities and schools must exclude non-compliant workers from the premises unless tested; IDPH and ISBE emergency rules authorized

Citation: Governor JB Pritzker, Executive Order 2021-22 (COVID-19 Executive Order No. 88) (Sept. 3, 2021) (Ex. IL-043) Open the exhibit

Ex. IL-044

Executive Order 2021-23 (COVID-19 Executive Order No. 89)

Re-issue of COVID-19 executive orders through October 16, 2021 (Phase 5; regional metrics; eviction moratorium through Oct. 3; school mitigation; vaccination and testing; telehealth)

Governor JB Pritzker, Illinois (State)

Dates: In force from Sept. 17, 2021 to Oct. 16, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careHealth care ordersCourts and public officesVaccination or testingOther
Functions reached: every function reached by EOs 2021-12, 2021-13, 2021-18 and 2021-22 on Sept. 30, 2021
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

Part 1: Re-Issue of Executive Orders. Executive Orders 2020-04, 2020-09, 2020-11, 2020-12, 2020-15, 2020-20, 2020-21, 2020-23, 2020-24, 2020-27, 2020-30, 2020-36, 2020-40, 2020-45, 2020-50, 2020-68, 2021-03, 2021-12, 2021-13, 2021-18, and 2021-22 are hereby re-issued as follows:... Executive Order 2021-03 (Regional mitigation metrics): Executive Order 2021-03 is re-issued in its entirety and extended through October 16, 2021. Executive Order 2021-12 (Phase 5 reopening): Executive Order 2021-12, as amended by Executive Order 2021-15, is re-issued in its entirety and extended through October 16, 2021. Executive Order 2021-13 (Residential eviction moratorium): [Sections 1, 4, 5, 7, and 8 of Executive Order] 2021-13, as amended by Executive Order 2021-14 and Executive Order 2021-19, are re-issued and extended through October 3, 2021, whereafter Executive Order 2021-13 shall be rescinded.…

Enforcement: As in each re-issued order

Citation: Governor JB Pritzker, Executive Order 2021-23 (COVID-19 Executive Order No. 89) (Sept. 17, 2021) (Ex. IL-044) Open the exhibit

Ex. IL-045

Executive Order 2021-24 (COVID-19 Executive Order No. 90)

Exclusion mandates for confirmed, probable and close contacts of COVID-19 cases in schools

Governor JB Pritzker, Illinois (State)

Dates: In force from Sept. 17, 2021 to Sept. 21, 2021
Quarters: 2021 Q3
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF workforce (children excluded from school for ten to fourteen days on exposure); IN in-person instruction; HR school personnel excluded
Grade: Primary source read
Days in this quarter: 5

Section 1: Exclusion Mandates for Confirmed, Probable, and Close Contacts of COVID-19 Cases in Schools.... 'Exclude' means a School's obligation to refuse admittance to the School premises, extracurricular events or any other events organized by the School, regardless of whether an isolation or quarantine order issued by a local health department has expired or has not been issued.... All Schools must take the following measures to ensure the safety of Students and School Personnel: Exclude any Student or School Personnel who is a Confirmed Case or Probable Case for a minimum of 10 days following onset date if symptomatic or date of test if asymptomatic, or as otherwise directed by the School's local health authority. Exclude any Student or School Personnel who is a Close Contact for a minimum of 14 days or as otherwise directed by the School's local health authority, which may recommend…

Enforcement: 20 ILCS 3305/7 and 19; 'This Executive Order supersedes any contrary provision of any other prior Executive Order'.

Citation: Governor JB Pritzker, Executive Order 2021-24 (COVID-19 Executive Order No. 90) (Sept. 17, 2021) (Ex. IL-045) Open the exhibit

Ex. IL-046

Gubernatorial Disaster Proclamation (COVID-19), renewal of September 17, 2021

Gubernatorial Disaster Proclamation declaring all counties a disaster area (30-day renewal)

Governor JB Pritzker, Illinois (State)

Dates: In force from Sept. 17, 2021 to Oct. 17, 2021
Quarters: 2021 Q3
Limitations: Emergency declaration
Functions reached: all (predicate)
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

Enforcement: Predicate for EOs 2021-23, 2021-24 and 2021-25 issued the same week

Citation: Governor JB Pritzker, Gubernatorial Disaster Proclamation (COVID-19), renewal of September 17, 2021 (Sept. 17, 2021) (Ex. IL-046) Open the exhibit

Ex. IL-072

Executive Order 2021-25 (COVID-19 Executive Order No. 91)

Amendments to Section 1 of Executive Order 2021-24 (school exclusion: investigation duty; test-to-stay alternative for masked close contacts)

Governor JB Pritzker, Illinois (State)

Dates: In force from Sept. 21, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF workforce (children excluded or tested); IN in-person instruction; HR school personnel
Grade: Primary source read
Days in this quarter: 10 (in force on the last day)

All Schools must take the following measures to ensure the safety of Students and School Personnel: Investigate the occurrence of cases and suspect cases in Schools and identify Close Contacts for purposes of determining whether Students or School Personnel must be Excluded pursuant to this Executive Order. Exclude any Student or School Personnel who is a Confirmed Case or Probable Case for a minimum of 10 days following onset date if symptomatic or date of positive test if asymptomatic... Exclude any Student or School Personnel who is a Close Contact for a minimum of 14 days or as otherwise directed by the School's local health authority... As an alternative to Exclusion, Schools may permit Close Contacts who are asymptomatic to be on the School premises, at extracurricular events, or any other events organized by the School if both the Confirmed Case or Probable Case and the Close…

Enforcement: 20 ILCS 3305/7 and 19

Citation: Governor JB Pritzker, Executive Order 2021-25 (COVID-19 Executive Order No. 91) (Sept. 21, 2021) (Ex. IL-072) Open the exhibit

Agencies, boards and authorities: Illinois

Ex. AGY-ST-COURTS-033

General Administrative Order No. 2020-07: COVID-19 Emergency Measures, Modification of Operations

Winter 2020 re-tightening: all matters by videoconference except in extraordinary or compelling circumstances; judges and employees to work remotely; masks for all persons; no criminal bench trials and no jury trials of any kind until further order; residential eviction filings and enforcement stayed until further order

Chief Judge Timothy C. Evans, Circuit Court of Cook County, Circuit Court of Cook County, Illinois (Court)

Dates: In force from Nov. 23, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Telework mandateCapacity limitGathering capFace-covering requirementCourts and public offices
Functions reached: CT courts and agencies; SV servicing and collections; PM property management (evictions stayed); CL closings; OF office and administration (remote work); WF workforce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

IT IS HEREBY ORDERED that, except in extraordinary or compelling circumstances, all matters in all Districts and Divisions of the court shall be conducted by videoconference... all judges and employees of the court, except those who are performing essential court operations, shall work remotely and conduct business telephonically or by videoconference... all persons, including, but not limited to, judges, court staff, parties, attorneys, jurors, and witnesses wear masks or other face coverings in the courthouse at all times... no residential real estate eviction action shall commence unless a tenant poses a direct threat... the sheriff of Cook County shall refrain from enforcement of eviction orders relating to residential real estate until further order of the court... No bench trials in criminal cases and no jury trials of any kind shall be held until further order of the court.

Enforcement: General administrative order under Ill. S. Ct. R. 21(b) and M.R. 30370

Citation: Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-07: COVID-19 Emergency Measures, Modification of Operations (Nov. 23, 2020) (Ex. AGY-ST-COURTS-033) Open the exhibit

Ex. AGY-ST-COURTS-035

General Administrative Order No. 2020-07 (eff. Oct. 15, 2021), amended nunc pro tunc Oct. 19, 2021

Autumn 2021 amendment: courtroom distancing reduced from six to three feet; jury assembly areas expanded (Daley Center from Sept. 20, 2021; Leighton from Sept. 7, 2021) 'until said physical distancing requirements end'; in-person proceedings preferred; COVID-19 measures continued

Chief Judge Timothy C. Evans, Circuit Court of Cook County, Circuit Court of Cook County, Illinois (Court)

Dates: In force from Oct. 15, 2021; end: Repealed in 2022 (post-period; not verified) (issued Oct. 19, 2021)
Quarters: 2021 Q3
Limitations: Capacity limitGathering capCourts and public offices
Functions reached: CT courts and agencies (Q3 2021: distancing, capacity and jury-assembly limits in force in every Cook County courthouse)
Grade: Primary source read
Days in this quarter: 0

IT IS HEREBY ORDERED that, pursuant to Ill. S. Ct., Illinois Courts Response to COVID-19 Emergency/ Social Distancing, M.R. 30370 (eff. June 30, 2021) and guidance received June 14, 2021, from the Cook County Dept. of Public Health, the requirement of six feet of distance between persons in the courtroom is modified to require three feet of distance between persons in the courtroom; the following jury assembly rooms shall continue to maintain six feet of distance between persons... IT IS FURTHER ORDERED that, effective September 20, 2021, and until said physical distancing requirements end, the jury assembly areas at the Daley Center shall be expanded

Enforcement: General administrative order under Ill. S. Ct. R. 21(b)

Citation: Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-07 (eff. Oct. 15, 2021), amended nunc pro tunc Oct. 19, 2021 (Ex. AGY-ST-COURTS-035) Open the exhibit

Ex. AGY-ST-COURTS-034

General Administrative Order No. 2020-07 (amended effective April 22, 2021; entered nunc pro tunc April 27, 2021)

Spring 2021 amendment: videoconference remains the default for all matters; judges to work remotely; masks for all persons; residential eviction actions may not commence or continue except as the Governor's EO 2021-05 permits; sheriff's eviction enforcement stayed until further order; jury-trial resumption target dates of March 22 and May 3, 2021

Chief Judge Timothy C. Evans, Circuit Court of Cook County, Circuit Court of Cook County, Illinois (Court)

Dates: In force from Apr. 22, 2021 to Sept. 30, 2021 (issued Apr. 27, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Telework mandateGathering capFace-covering requirementCourts and public offices
Functions reached: CT courts and agencies; SV servicing and collections; PM property management; OF office and administration; WF workforce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

IT IS HEREBY ORDERED that, except as expressly provided below or in extraordinary or compelling circumstances, all matters in all Districts and Divisions of the court shall be conducted by videoconference... all judges of the court shall work remotely and conduct business telephonically or by videoconference... all persons... wear masks or other face coverings in the courthouse at all times... except as permitted by the Governor's Exec. Order No. 2021-05 (March 5, 2021)... no residential real estate eviction action shall commence or continue unless a tenant poses a direct threat... the sheriff of Cook County shall refrain from enforcement of eviction orders relating to residential real estate until further order of the court

Enforcement: General administrative order under Ill. S. Ct. R. 21(b)

Citation: Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-07 (amended effective April 22, 2021; entered nunc pro tunc April 27, 2021) (Apr. 27, 2021) (Ex. AGY-ST-COURTS-034) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-001

Board Report 20-0325-RS1, Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19)

Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19) (adopted as amended)

Board of Education of the City of Chicago, Board of Education of the City of Chicago (Chicago Public Schools), Illinois (local school district) (City)

Dates: In force from Mar. 25, 2020 to June 24, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationSchools and child careOther
Functions reached: IN in-person instruction closed; RL remote learning; EC extended care and pre-K; FS food service (meal sites); WF workforce of every Chicago employer with school-age children; SC district vendors and contractors under emergency procurement
Grade: Confirmed from a secondary source
Days in this quarter: 0

Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19) -- *Adopted as amended [title and disposition as published in the Board's action record for March 25, 2020; the resolution PDF is an image-only scan and its text was not read]

Enforcement: Board resolution binding the district's officers; monthly Chief Financial Officer reports on the emergency authority exercised under it were accepted at each meeting from April 22, 2020 (20-0422-FN1) through September 22, 2021 (21-0922-FN1)

Citation: Board of Education of the City of Chicago, Board Report 20-0325-RS1, Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19) (Mar. 25, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-001) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-002

Board Report 20-0325-RU1, Adopt Board Rule 2-4.2 - Emergency Authority in the Event of a Declared State of Emergency on an Interim Basis

Board Rule 2-4.2, Emergency Authority in the Event of a Declared State of Emergency (interim; adopted on a final basis June 24, 2020, 20-0624-RU1)

Board of Education of the City of Chicago, Board of Education of the City of Chicago, Illinois (City)

Dates: In force from Mar. 25, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationOther
Functions reached: OP district administration; SC emergency procurement
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

Adopt Board Rule 2-4.2 - Emergency Authority in the Event of a Declared State of Emergency on an Interim Basis -- Adopted [title and disposition from the Board's action record; image-only PDF]

Enforcement: Board rule

Citation: Board of Education of the City of Chicago, Board Report 20-0325-RU1, Adopt Board Rule 2-4.2 - Emergency Authority in the Event of a Declared State of Emergency on an Interim Basis (Mar. 25, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-002) Open the exhibit

Ex. AGY-ST-ALCOHOL-116

ILCC COVID-19 Related Action, Sales and Delivery of "To Go" Mixed Drinks/Cocktails (June 2, 2020)

Sales and Delivery of To Go Mixed Drinks/Cocktails (conditions under Public Act 101-0631)

Illinois Liquor Control Commission, Illinois (State alcoholic-beverage regulator) (Sector regulator)

Dates: In force from June 2, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Alcohol and barsOther
Functions reached: BA; TO; CB
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Local municipalities may prohibit or further restrict the sales and delivery of "to go" mixed drinks/cocktails.... A State of Illinois retailer's licensee (1A License holders) may sell and deliver "to go" mixed drinks/cocktails for off-premises consumption strictly under the following conditions: 1. A mixed drink/cocktail is any alcoholic liquor (beer, wine, spirits) mixed with a non-alcoholic [beverage]

Enforcement: 235 ILCS 5/7-5; local commissions

Citation: Illinois Liquor Control Commission, ILCC COVID-19 Related Action, Sales and Delivery of "To Go" Mixed Drinks/Cocktails (June 2, 2020) (Ex. AGY-ST-ALCOHOL-116) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-003

Board Report 20-0624-RS1, Amend Board Report 20-0325-RS1 Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19)

Amendment of the COVID-19 emergency resolution (June 24, 2020)

Board of Education of the City of Chicago, Board of Education of the City of Chicago, Illinois (City)

Dates: In force from June 24, 2020 to Sept. 23, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationSchools and child careOther
Functions reached: IN; RL; WF; SC
Grade: Confirmed from a secondary source
Days in this quarter: 0

Amend Board Report 20-0325-RS1 Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19) -- Adopted [title and disposition from the Board's action record; image-only PDF]

Enforcement: Board resolution

Citation: Board of Education of the City of Chicago, Board Report 20-0624-RS1, Amend Board Report 20-0325-RS1 Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19) (June 24, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-003) Open the exhibit

Ex. AGY-ST-COURTS-036

General Administrative Order No. 2020-09: Residential Eviction and Consumer Debt Early Resolution Program (entered Dec. 14, 2020), with attachments

Establishment of the Early Resolution Program for residential eviction and consumer-debt cases (free legal aid and mediation before cases proceed), with the court's program notices in English, Spanish and Polish

Chief Judge Timothy C. Evans, Circuit Court of Cook County, Circuit Court of Cook County, Illinois (Court)

Dates: In force from Dec. 14, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: SV servicing and collections (consumer-debt collection cases routed to the program); PM property management (eviction cases); CT courts and agencies
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

The Early Resolution Program (ERP) includes free legal aid, mediation services, and connections to other resources including rental assistance. Mediation is a chance for a landlord and tenant, or debtor and creditor, to resolve issues with the help of a knowledgeable and neutral person.... You are a landlord who is not represented by a lawyer; You were sued by someone who wants to collect an unpaid debt

Enforcement: General administrative order under Ill. S. Ct. R. 21(b); the order text (following the 2.7 MB of attachments) was not fully read

Citation: Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-09: Residential Eviction and Consumer Debt Early Resolution Program (entered Dec. 14, 2020), with attachments (Ex. AGY-ST-COURTS-036) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-005

Board Report 21-0623-PO4, Adopt an Interim Remote Education Policy

Interim Remote Education Policy

Board of Education of the City of Chicago, Board of Education of the City of Chicago, Illinois (City)

Dates: In force from June 23, 2021 to Aug. 25, 2021
Quarters: 2021 Q22021 Q3
Limitations: Schools and child care
Functions reached: RL remote learning for medically fragile and quarantined students; IN; WF
Grade: Confirmed from a secondary source
Days in this quarter: 56 (in force on the first day)

Adopt an Interim Remote Education Policy -- Adopted [title and disposition from the Board's action record; image-only PDF]

Enforcement: Board policy

Citation: Board of Education of the City of Chicago, Board Report 21-0623-PO4, Adopt an Interim Remote Education Policy (June 23, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-005) Open the exhibit

Ex. AGY-ST-ALCOHOL-123

ILCC, Sales and Delivery of "To Go" Mixed Drinks/Cocktails and Single Servings of Wine (amended June 25, 2021)

Sales and Delivery of To Go Mixed Drinks/Cocktails and Single Servings of Wine (amended June 25, 2021)

Illinois Liquor Control Commission, Illinois (State alcoholic-beverage regulator) (Sector regulator)

Dates: In force from June 25, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Alcohol and barsOther
Functions reached: BA; TO; CB
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

A State of Illinois combined retailer licensee ("Combined 1A Licensee") or a retailer licensee (1A) with both an on-premises and off-premises license may sell and deliver "to go" mixed drinks/cocktails and single servings of wine for off-premises consumption strictly under the following conditions

Enforcement: 235 ILCS 5/7-5

Citation: Illinois Liquor Control Commission, ILCC, Sales and Delivery of "To Go" Mixed Drinks/Cocktails and Single Servings of Wine (amended June 25, 2021) (Ex. AGY-ST-ALCOHOL-123) Open the exhibit

Ex. AGY-ST-COURTS-038

General Administrative Order No. 2021-02: Residential eviction proceedings, procedures

Procedures governing residential eviction proceedings from June 25, 2021 as the statewide moratorium was phased out: which cases may be filed, which eviction orders may be enforced, and continued prohibition on enforcing orders entered on or after March 20, 2020 against covered persons

Chief Judge Timothy C. Evans, Circuit Court of Cook County, Circuit Court of Cook County, Illinois (Court)

Dates: In force from June 25, 2021 to Oct. 3, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management (eviction filings and enforcement restricted through Q3 2021); SV servicing and collections; CT courts and agencies
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

IT IS HEREBY ORDERED that, effective June 25, 2021, eviction proceedings are governed as follows: 1. Residential evictions pursuant to 735 ILCS 5/9-101, et seq.... Orders entered before March 20, 2020, and stayed pursuant to Cook County Cir. Ct. G.A.Os. 2020-02 (original and amendments), 2020-07 (original and amendments); the time period in which such orders must be enforced pursuant to 735 ILCS 5/9-117 is extended 120 days from the date of this order... enforcement of orders of eviction by state, county, and local law enforcement officers is prohibited for: 1. Orders entered on or after March 20, 2020, unless the tenant or defendant poses a direct threat to the health and safety of other tenants

Enforcement: General administrative order under Ill. S. Ct. R. 21(b); directs the Sheriff and law enforcement

Citation: Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2021-02: Residential eviction proceedings, procedures (June 25, 2021) (Ex. AGY-ST-COURTS-038) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-006

Board Report 21-0728-RS7, Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19) and Moving Forward Together Initiative for FY22

FY22 COVID-19 emergency expenditures and actions resolution

Board of Education of the City of Chicago, Board of Education of the City of Chicago, Illinois (City)

Dates: In force from July 28, 2021 to June 30, 2022
Quarters: 2021 Q3
Limitations: Emergency declarationSchools and child careWorkplace rulesOther
Functions reached: IN; WF; SC; EMP testing, masking and vaccination operations
Grade: Confirmed from a secondary source
Days in this quarter: 65 (in force on the last day)

Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19) and Moving Forward Together Initiative for FY22 -- Adopted [title and disposition from the Board's action record; image-only PDF]

Enforcement: Board resolution; monthly CFO reports

Citation: Board of Education of the City of Chicago, Board Report 21-0728-RS7, Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19) and Moving Forward Together Initiative for FY22 (July 28, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-006) Open the exhibit

Ex. AGY-ST-COURTS-039

General Administrative Order No. 2021-05: Domestic Violence Division Cases, Remote Proceedings, Continuance of Pending Cases

Domestic Violence Division cases set July 26-Aug. 11, 2021 for in-person appearance continued to remote appearances; emergency orders of protection and most matters to be heard by videoconference

Chief Judge Timothy C. Evans, Circuit Court of Cook County, Circuit Court of Cook County, Illinois (Domestic Violence Division) (Court)

Dates: In force from Aug. 11, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Telework mandateCourts and public offices
Functions reached: CT courts and agencies (Q3 2021 remote-proceeding mandate)
Grade: Primary source read
Days in this quarter: 51 (in force on the last day)

1. All cases heard in the Domestic Violence Division, from July 26, 2021, through August 11, 2021, and continued for an in-person appearance for any proceeding other than a contested hearing shall be continued for a remote appearance 21 days from the currently scheduled court date; 2.... all proceedings regarding emergency orders of protection shall be conducted by videoconference

Enforcement: General administrative order under Ill. S. Ct. R. 21(b)

Citation: Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2021-05: Domestic Violence Division Cases, Remote Proceedings, Continuance of Pending Cases (Aug. 11, 2021) (Ex. AGY-ST-COURTS-039) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-032

Letter to Superintendents, 'Enforcement of the Universal Indoor Masking Requirement' (August 11, 2021)

ISBE enforcement of Executive Order 2021-18's universal indoor masking requirement in all P-12 schools through recognition status, loss of State funding and loss of IHSA and IESA athletic eligibility

Dr. Carmen I. Ayala, State Superintendent of Education, Illinois State Board of Education, Illinois State Board of Education (State Superintendent of Education); State level (State)

Dates: In force from Aug. 11, 2021 to Feb. 28, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesOther
Functions reached: IN in-person instruction under universal masking; AC athletic eligibility as a sanction; EMP staff masking; WF school workforce; CB families; visitors, vendors and contractors indoors at schools
Grade: Primary source read
Days in this quarter: 51 (in force on the last day)

Executive Order 2021-18, which went into effect last Wednesday, requires that all students, staff, and visitors wear masks indoors in all P-12 schools in Illinois.... The executive order has the force of law.... However, noncompliance is not an option.... Local boards of education, schools, and school districts do not have the authority to deny the Governor's Executive Order requiring universal indoor masking in schools.... Further, the Illinois State Board of Education has and will use its regulatory authority, pursuant to 23 Ill Admin. Code 1.20, to ensure school districts protect students and staff; if school districts fail to do so, this risks State recognition. A district would have multiple opportunities to remedy the deficiencies... A district would first have its recognition status changed to "On Probation" and would be asked to submit a corrective action plan. Failure to address…

Enforcement: 23 Ill. Adm. Code 1.20 (probation, nonrecognition, loss of State funding); Executive Order 2021-18 (force of law); 20 ILCS 3305/19 (violation of emergency orders)

Citation: Dr. Carmen I. Ayala, State Superintendent of Education, Illinois State Board of Education, Letter to Superintendents, 'Enforcement of the Universal Indoor Masking Requirement' (August 11, 2021) (Aug. 11, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-032) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-007

Board Report 21-0825-PO2, Adopt a New Remote Education Policy on a Final Basis

Remote Education Policy (final)

Board of Education of the City of Chicago, Board of Education of the City of Chicago, Illinois (City)

Dates: In force from Aug. 25, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Schools and child careQuarantine and isolation
Functions reached: RL remote instruction for quarantined and medically fragile students; WF parents' availability during quarantines
Grade: Confirmed from a secondary source
Days in this quarter: 37 (in force on the last day)

Adopt a New Remote Education Policy on a Final Basis -- Adopted [title and disposition from the Board's action record; image-only PDF]

Enforcement: Board policy

Citation: Board of Education of the City of Chicago, Board Report 21-0825-PO2, Adopt a New Remote Education Policy on a Final Basis (Aug. 25, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-007) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-031

23 Ill. Adm. Code Part 1, Public Schools Evaluation, Recognition and Supervision, emergency amendment to Appendix A (eligible age), 45 Ill. Reg. (August 26, 2021 filing on ISBE's index)

Emergency amendment defining 'eligible age' to include students with an IEP who reached age 22 while their in-person instruction, services or activities were suspended for three months or more because of COVID-19; source note reciting the Part 1 emergency amendments of April 27, May 1, July 31, September 29 and October 23, 2020

Illinois State Board of Education, Illinois State Board of Education; State level (State)

Dates: In force from Aug. 26, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Schools and child careOther
Functions reached: IN in-person instruction (the rule presupposes suspensions of three months or more); RL remote services; CB students and families
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

For purposes of this Section, "eligible age" means a student who is 21 years of age or a student with an individualized education program who reaches the age of 22 during the time in which the student's in-person instruction, services, or activities are suspended for a period of 3 months or more during the school year as a result of the COVID-19 pandemic. All other requirements of Section 14-17 of the School Code [105 ILCS 5] shall apply to such students.

Enforcement: 23 Ill. Adm. Code 1.20 (recognition); 105 ILCS 5/2-3.25

Citation: Illinois State Board of Education, 23 Ill. Adm. Code Part 1, Public Schools Evaluation, Recognition and Supervision, emergency amendment to Appendix A (eligible age), 45 Ill. Reg. (August 26, 2021 filing on ISBE's index) (Aug. 26, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-031) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-053

IDFPR list, 'Issued COVID Temporary Practice Permits' (permits valid until July 11, 2023), by profession code, name, city, State and date issued

Issued COVID Temporary Practice Permits (physicians, registered nurses, pharmacists, respiratory care practitioners and other professions; permits issued from April 2020)

Illinois Department of Financial and Professional Regulation, Illinois Department of Financial and Professional Regulation, Division of Professional Regulation; State level (Sector regulator)

Dates: In force from July 11, 2023 to July 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: HR credentialing (temporary permits by profession and date); WF workforce
Grade: Primary source read
Days in this quarter: 0

ISSUED COVID TEMPORARY PRACTICE PERMITS. ** Temporary Practice Permits below are valid until July 11, 2023 ** ** Those wishing to continue to practice on a Temporary Practice Permit after July 11, 2023 must submit application for permanent Illinois licensure prior to July 11, 2023 ** Prof Code | Name | City | State | Date Issued | Profession Title... 051... Rockford IL 10/29/20 REGISTERED PHARMACIST; 194... Spring Hill TN 04/30/20 RESPIRATORY CARE PRACTITIONER (RCP)

Enforcement: Permit conditions; Illinois practice acts

Citation: Illinois Department of Financial and Professional Regulation, IDFPR list, 'Issued COVID Temporary Practice Permits' (permits valid until July 11, 2023), by profession code, name, city, State and date issued (Ex. AGY-ST-HEALTH-BOARDS-053) Open the exhibit

End of general restrictions, State of Illinois: Executive Order 2021-12 (COVID-19 EO No. 81), Phase 5 Reopening Order (Ex. IL-037), superseding the Bridge Phase order EO 2021-10 (2021-06-11). What remained: The Gubernatorial Disaster Proclamation (renewed June 25, July 23, Aug. 20, Sept. 17, 2021); mandatory face coverings for all persons 'on planes, buses, trains, and other forms of public transportation and in transportation hubs,' 'in congregate facilities such as correctional facilities and homeless shelters,' and 'in healthcare settings' (EO 2021-12 para. 2.b); school and day-care settings governed by ISBE, DCFS and IDPH guidance (EO 2021-12 para. 2.b), made mandatory by EO 2021-18 on Aug. 4, 2021; the residential eviction moratorium (EO 2021-13, as amended by EOs 2021-14, 2021-19 and 2021-23; enforcement of eviction orders stayed through Oct. 3, 2021); the telehealth coverage mandate (EO 2020-09 secs. 9-10, re-issued through Oct. 16, 2021); the closure of the James R. Thompson Center to the public (EO 2020-04 sec. 2, re-issued through Aug. 21, 2021); the regional-metrics framework (EO 2021-03, re-issued through Oct. 16, 2021); the insurance in-person licensing suspensions (EO 2020-29, re-issued through Aug. 21, 2021); the Supreme Court's residential-eviction certification order of Apr. 6, 2021 (Ex. IL-067), operative until the Governor's moratorium expired. New restrictions were then added on Aug. 4 (school, day-care and long-term-care masks, EO 2021-18), Aug. 30 (universal indoor face coverings and vaccination-or-testing mandates, EO 2021-20 as amended by EO 2021-22) and Sept. 17, 2021 (school exclusion mandates, EO 2021-24 as amended by EO 2021-25).

Preemption of local orders, State of Illinois: None. Illinois did not preempt, bar or narrow local orders at any time from March 2020 through September 2021. EO 2020-10 sec. 1 para. 18 (Ex. IL-005) provides: 'Nothing in this Executive Order shall, in any way, alter or modify any existing legal authority allowing a county or local government body to enact provisions that are stricter than those in this Executive Order,' and preserves the power of the State, counties and local bodies to order quarantine, isolation or 'any closure of a specific location.' Every subsequent phase and tier order (EOs 2020-32, 2020-38, 2020-43, 2020-73, 2021-10, 2021-12) carries the identical 'No limitation on authority' clause. Local health departments retained their independent powers under the Department of Public Health Act, 20 ILCS 2305 (EO 2020-10 para. 6). Chicago (Region 11) and suburban Cook County (Region 10) layered stricter instruments on top of the State regime (the Chicago Emergency Travel Order of July 2020 to June 2021; the Protect Chicago stay-at-home advisory and ten-person cap of Nov. 16, 2020; Chicago's own mask and vaccination-proof rules); Downstate resistance took the form of non-enforcement by some sheriffs and State's Attorneys and litigation against the Governor's successive proclamations; the Illinois Appellate Court upheld the Governor's authority.

Third quarter of 2021: the instruments in force, State of Illinois

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):

IL-047 Gubernatorial Disaster Proclamation renewal of June 25, 2021 (to July 25); renewals of July 23 and Aug. 20, 2021 (State archive; not saved as separate exhibits)
IL-046 Gubernatorial Disaster Proclamation renewal of Sept. 17, 2021
IL-071 EO 2021-14 (June 25, 2021) re-issuing Phase 5, eviction, telehealth, Thompson Center and other orders through July 24, 2021
IL-039 EO 2021-15 (July 23, 2021) re-issuing the same orders through Aug. 21, 2021
IL-041 EO 2021-19 (Aug. 20, 2021) re-issuing through Sept. 18, 2021 and amending EOs 2021-13 and 2021-18
IL-044 EO 2021-23 (Sept. 17, 2021) re-issuing through Oct. 16, 2021 (eviction moratorium through Oct. 3, 2021)
IL-037 EO 2021-12 Phase 5 Reopening Order (June 11, 2021): face coverings mandatory in transportation, congregate facilities and health-care settings all quarter
IL-034 EO 2021-03 regional-metrics framework (re-issued through Oct. 16, 2021)
IL-038 EO 2021-13 residential eviction moratorium (as amended by EOs 2021-14, 2021-19, 2021-23): enforcement of eviction orders against covered persons stayed through Oct. 3, 2021
IL-067 Illinois Supreme Court, M.R. 30370, Residential Eviction Proceedings order as amended Apr. 6, 2021: certification form required with every eviction complaint until the Governor's moratorium expires
IL-068 EO 2020-09 secs. 9-10 (telehealth; re-issued through Oct. 16, 2021)
IL-002 EO 2020-04 sec. 2 (James R. Thompson Center closed to the public; re-issued through Aug. 21, 2021)
IL-011 EO 2020-29 (insurance in-person education and exam requirements suspended; re-issued through Aug. 21, 2021)
IL-017 / IL-020 EO 2020-40 as amended by EO 2020-47 (school in-person conditions; re-issued through Oct. 16, 2021)
IL-040 EO 2021-18 (Aug. 4, 2021): indoor face coverings for all over two in every P-12 school, day care and long-term care facility regardless of vaccination status
IL-042 EO 2021-20 (Aug. 26, 2021): universal indoor face-covering mandate effective Aug. 30, 2021; vaccination or weekly testing for health care workers, school personnel, higher-education personnel and students; State congregate-facility employees fully vaccinated by Oct. 4, 2021 (superseded Sept. 3 by EO 2021-22)
IL-043 EO 2021-22 (Sept. 3, 2021): the same mandates as amended; 'All employers must ensure that employees wear face coverings in indoor workplaces'; first dose by Sept. 19, 2021; weekly testing of the unvaccinated from Sept. 19 (re-issued through Oct. 16, 2021)
IL-045 EO 2021-24 (Sept. 17, 2021): school exclusion mandates (cases ten days; close contacts fourteen days)
IL-072 EO 2021-25 (Sept. 21, 2021): EO 2021-24 amended (investigation duty; test-to-stay alternative)

5. Standing duties in Illinois

Illinois built its pandemic regime on two standing statutes and one standing code, all older than the pandemic. The Department of Public Health Act, 20 ILCS 2305/2, gives the Department 'supreme authority in matters of quarantine and isolation,' the power to 'order a place to be closed and made off limits to the public' without prior consent or court order where immediate action is required, and commands that 'all local boards of health, health authorities and officers, police officers, sheriffs and all other officers and employees of the state or any locality shall enforce' its rules and orders (DUT-IL-001); section 8.1 makes whoever 'violates or refuses to obey any rule or regulation of the Department' guilty of a Class A misdemeanor and directs every State's Attorney to prosecute (DUT-IL-014). The Control of Communicable Diseases Code, 77 Ill. Adm. Code 690 (Subpart I on isolation, quarantine and closure added March 3, 2008), restates those powers and binds business owners and persons in charge of establishments to cooperate with public health investigations (DUT-IL-003). The Illinois Emergency Management Agency Act, 20 ILCS 3305/7, gives the Governor, upon a disaster proclamation, the power 'to control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein' (DUT-IL-002); section 18 makes every gubernatorial order effective immediately on filing during a disaster (DUT-IL-018); section 19 directs the officers and personnel of every State and local agency to cooperate (DUT-IL-015). The IEMA Act contains no general criminal penalty of its own for a person's violation of a gubernatorial order; Illinois supplied the business penalty through the Department of Public Health Act instead. On August 7, 2020 IDPH adopted emergency section 690.50 (44 Ill. Reg. 13807), under which 'any business, service, facility or organization open to the public or employees shall require employees, customers, and other individuals on the premises... to cover their nose and mouth with a face covering,' gatherings above fifty were prohibited, and a business that failed to comply after a written notice and a written order to disperse became 'subject to the penalties set forth in Section 8.1 of the Act' (DUT-IL-004; the Governor's release of the same day states the fine range of $75 to $2,500, DUT-IL-016; JCAR's Flinn Report of August 21, 2020 fixes the Register cite, DUT-IL-020). The rule expired January 3, 2021 and was re-adopted the next day as 45 Ill. Reg. 987, 'nearly identical'; a JCAR motion to suspend it failed 6-5 on January 12, 2021 (DUT-IL-019); it was repealed by emergency rulemaking effective May 17, 2021 (source note, DUT-IL-003). The workplace duty of Illinois law runs on two tracks: public employers are bound by the Illinois Occupational Safety and Health Act, 820 ILCS 219/20, to furnish 'a workplace which [is] free from recognized hazards that cause or are likely to cause death or serious physical harm' (DUT-IL-007), and private employers are bound by the federal general duty clause, as the State's own Guidance for Employers and Employees on Workers' Rights and Safety states in its first sentence: 'Federal and Illinois law require employers to maintain a safe and healthy workplace' (DUT-IL-013). Illinois enacted no general business liability shield; it did the opposite. Public Act 101-0633 (June 5, 2020) created a rebuttable presumption that a front-line worker's COVID-19 arose out of employment, defined front-line workers to include every employee of an essential business under Executive Order 2020-10 who encountered the public or worked at a location of more than fifteen employees, and allowed the employer to rebut the presumption only by proving that it 'was engaging in and applying to the fullest extent possible or enforcing to the best of its ability industry-specific workplace sanitation, social distancing, and health and safety practices based on updated guidance issued by the Centers for Disease Control and Prevention or Illinois Department of Public Health' for at least fourteen days (DUT-IL-005; codified at 820 ILCS 310/1(g), DUT-IL-006; extended to diagnoses through June 30, 2021 by Public Act 101-0653, DUT-IL-012). The Premises Liability Act imposed on every owner or occupier a duty of 'reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them' toward every entrant (DUT-IL-008), and the Counties Code empowered every county board of health to 'adopt measures... to arrest the progress' of contagious disease (DUT-IL-009). The orders themselves conditioned operation on the protocols with mandatory verbs: Essential Businesses 'shall comply with Social Distancing Requirements' and 'must take proactive measures to ensure compliance' (IL-005); 'Businesses must follow guidance provided or published by' IDPH, local health departments and the Attorney General's Workplace Rights Bureau 'with respect to Social Distancing Requirements' and DCEO's Phase guidance (IL-013, IL-016, IL-019); 'All employers must ensure that employees wear face coverings in indoor workplaces' (IL-043). Only the Phase 5 order of June 11, 2021 used 'urged' and 'should' for the general business protocols, while keeping 'shall be required' for transit, congregate and health-care settings (IL-037). The Second District held in Fox Fire Tavern that the IEMA Act 'plainly authorizes the Governor to issue successive disaster proclamations' and characterized the regional order as 'guidelines that restaurants must follow to safely operate' (DUT-IL-010).

The phase question

Whether the measures Illinois employers took beyond the four corners of the emergency orders were 'voluntary' (Notice 2021-20 Q&A-14) or compelled by standing law.

The State's standing duties

Ex. DUT-IL-001

20 ILCS 2305/2 (Department of Public Health Act, Section 2, Powers)

Powers of the Department of Public Health: supreme authority in quarantine and isolation; orders closing places; duty of all State and local officers to enforce

Illinois General Assembly (Department of Public Health Act), Illinois (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureQuarantine and isolationStanding duty
Character: statutory authority
Grade: Primary source read

The Department may, however, order a person or a group of persons to be quarantined or isolated or may order a place to be closed and made off limits to the public on an immediate basis without prior consent or court order if, in the reasonable judgment of the Department, immediate action is required to protect the public from a dangerously contagious or infectious disease.

Enforcement: 20 ILCS 2305/8.1 (DUT-IL-014): whoever violates or refuses to obey any rule or regulation of the Department is guilty of a Class A misdemeanor; every State's Attorney shall prosecute

Citation: Illinois General Assembly (Department of Public Health Act), 20 ILCS 2305/2 (Department of Public Health Act, Section 2, Powers) (standing) (Ex. DUT-IL-001) Open the exhibit

Ex. DUT-IL-002

20 ILCS 3305/7 (Emergency Powers of the Governor)

Emergency powers of the Governor upon a disaster proclamation, including control of the movement of persons and the occupancy of premises

Illinois General Assembly (Illinois Emergency Management Agency Act), Illinois (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStay-at-homeBusiness closureGathering capStanding duty
Character: statutory authority
Grade: Primary source read

In the event of a disaster, as defined in Section 4, the Governor may, by proclamation declare that a disaster exists. Upon such proclamation, the Governor shall have and may exercise for a period not to exceed 30 days the following emergency powers... (8) To control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.

Enforcement: The IEMA Act contains no general criminal penalty of its own for a person's violation of a gubernatorial order; the orders recite enforcement 'pursuant to, inter alia, Section 7, Section 15, Section 18, and Section 19' (IL-005 ¶ 17; IL-013; IL-019), and the business-level penalty was supplied through 20 ILCS 2305/8.1 by IDPH's emergency rule 690.50 (DUT-IL-004, DUT-IL-014)

Citation: Illinois General Assembly (Illinois Emergency Management Agency Act), 20 ILCS 3305/7 (Emergency Powers of the Governor) (standing) (Ex. DUT-IL-002) Open the exhibit

Ex. DUT-IL-003

77 Ill. Adm. Code Part 690 (Control of Communicable Diseases Code; now titled Control of Notifiable Diseases and Conditions Code), Subpart A (General Provisions) and Subpart I (Isolation, Quarantine and Closure)

Control of Communicable Diseases Code: general procedures for control, duty of business owners to cooperate, Department and local authority to order isolation, quarantine and closure, and enforcement by all State and local officers

Illinois Department of Public Health, Illinois (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureQuarantine and isolationStanding duty
Character: sanitary code duty
Grade: Primary source read

All police officers, sheriffs and all other officers and employees of the State or any locality shall enforce the rules and regulations so adopted and orders issued by the Department or the certified local health department. (Section 2(a) of the Act)

Enforcement: 77 Ill. Adm. Code 690.1415 (Penalties) and 20 ILCS 2305/8.1 (Class A misdemeanor for violation of any Department rule)

Citation: Illinois Department of Public Health, 77 Ill. Adm. Code Part 690 (Control of Communicable Diseases Code; now titled Control of Notifiable Diseases and Conditions Code), Subpart A (General Provisions) and Subpart I (Isolation, Quarantine and Closure) (standing) (Ex. DUT-IL-003) Open the exhibit

Ex. DUT-IL-004

Emergency amendment to 77 Ill. Adm. Code 690 adding Section 690.50, Pandemic or Epidemic Respiratory Disease - Emergency Provisions

Face-covering and gathering requirements binding every business, service, facility and organization open to the public or to employees, with graduated enforcement ending in the Class A misdemeanor of 20 ILCS 2305/8.1

Illinois Department of Public Health, Illinois (State)

Dates: Standing (2020-08-07 (emergency rule, maximum 150 days))
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitGathering capFace-covering requirementWorkplace rulesStanding duty
Character: covid workplace rule
Grade: Primary source read

Any business, service, facility or organization open to the public or employees shall require employees, customers, and other individuals on the premises who are over age two and able to medically tolerate a face covering to cover their nose and mouth with a face covering when on premises and unable to maintain at least a six-foot social distance.

Enforcement: 20 ILCS 2305/8.1 Class A misdemeanor against the business after written notice and order to disperse; fines of $75 to $2,500 as stated in the Governor's release of Aug. 7, 2020 (DUT-IL-016); no penalty against individuals under the rule (690.50(d)(2))

Citation: Illinois Department of Public Health, Emergency amendment to 77 Ill. Adm. Code 690 adding Section 690.50, Pandemic or Epidemic Respiratory Disease - Emergency Provisions (Aug. 7, 2020) (Ex. DUT-IL-004) Open the exhibit

Ex. DUT-IL-005

Public Act 101-0633 (House Bill 2455), amending 820 ILCS 310/1 to add subsection (g)

COVID-19 rebuttable presumption of occupational disease for first responders and front-line workers, including employees of essential businesses under Executive Order 2020-10; employer's rebuttal conditioned on applying CDC or IDPH guidance

Illinois General Assembly; Governor JB Pritzker (approved June 5, 2020), Illinois (State)

Dates: Standing (2020-06-05 (applies to diagnoses on or after March 9, 2020 and on or before December 31, 2020, as enacted))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Workplace rulesStanding dutyOperating condition
Character: liability shield condition
Grade: Primary source read

the employer was engaging in and applying to the fullest extent possible or enforcing to the best of its ability industry-specific workplace sanitation, social distancing, and health and safety practices based on updated guidance issued by the Centers for Disease Control and Prevention or Illinois Department of Public Health

Enforcement: Liability for occupational-disease benefits under the Workers' Occupational Diseases Act unless the presumption is rebutted

Citation: Illinois General Assembly; Governor JB Pritzker (approved June 5, 2020), Public Act 101-0633 (House Bill 2455), amending 820 ILCS 310/1 to add subsection (g) (June 5, 2020) (Ex. DUT-IL-005) Open the exhibit

Ex. DUT-IL-006

820 ILCS 310/1(g) (codified COVID-19 presumption)

Codified text of the COVID-19 first-responder and front-line-worker presumption, its definition reaching employees of every essential business under Executive Order 2020-10, and the employer's rebuttal conditions

Illinois General Assembly (Workers' Occupational Diseases Act as amended), Illinois (State)

Dates: Standing (2020-06-05 (diagnoses from March 9, 2020))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Workplace rulesStanding dutyOperating condition
Character: liability shield condition
Grade: Primary source read

any individuals employed by essential businesses and operations as defined in Executive Order 2020-10 dated March 20, 2020, as long as individuals employed by essential businesses and operations are required by their employment to encounter members of the general public or to work in employment locations of more than 15 employees.

Enforcement: Occupational-disease liability unless rebutted

Citation: Illinois General Assembly (Workers' Occupational Diseases Act as amended), 820 ILCS 310/1(g) (codified COVID-19 presumption) (Sept. 28, 2026) (Ex. DUT-IL-006) Open the exhibit

Ex. DUT-IL-007

820 ILCS 219/20 (Duties of employers and employees)

General duty of every public employer to furnish a workplace free from recognized hazards

Illinois General Assembly (Illinois Occupational Safety and Health Act, P.A. 98-874), Illinois (State)

Dates: Standing (2015-01-01)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace duty
Grade: Primary source read

Every public employer must provide reasonable protection to the lives, health, and safety of its employees and must furnish to each of its employees employment and a workplace which are free from recognized hazards that cause or are likely to cause death or serious physical harm to its employees.

Enforcement: Citations and penalties under 820 ILCS 219 (Illinois OSHA); for private employers, citations and penalties under 29 U.S.C. § 666

Citation: Illinois General Assembly (Illinois Occupational Safety and Health Act, P.A. 98-874), 820 ILCS 219/20 (Duties of employers and employees) (standing) (Ex. DUT-IL-007) Open the exhibit

Ex. DUT-IL-008

740 ILCS 130/2 (duty owed to entrants)

Statutory duty of every owner or occupier of premises to exercise reasonable care under the circumstances toward entrants

Illinois General Assembly (Premises Liability Act), Illinois (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOperating condition
Character: statutory duty
Grade: Primary source read

The duty owed to such entrants is that of reasonable care under the circumstances regarding the state of the premises or acts done or omitted on them.

Enforcement: Civil liability in negligence for injury to entrants

Citation: Illinois General Assembly (Premises Liability Act), 740 ILCS 130/2 (duty owed to entrants) (standing) (Ex. DUT-IL-008) Open the exhibit

Ex. DUT-IL-009

55 ILCS 5/5-25013 (powers and duties of county boards of health)

Power and duty of every county board of health to investigate contagious disease and adopt measures to arrest its progress

Illinois General Assembly (Counties Code), Illinois (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureQuarantine and isolationStanding duty
Character: statutory authority
Grade: Primary source read

Within its jurisdiction, and professional and technical competence, investigate the existence of any contagious or infectious disease and adopt measures, not inconsistent with the regulations of the State Department of Public Health, to arrest the progress of the same.

Enforcement: Enforcement through local ordinances and 20 ILCS 2305/8.1 for Department rules; closure and dispersal orders under 690.50(d)

Citation: Illinois General Assembly (Counties Code), 55 ILCS 5/5-25013 (powers and duties of county boards of health) (standing) (Ex. DUT-IL-009) Open the exhibit

Ex. DUT-IL-010

Fox Fire Tavern, LLC v. Pritzker, 2020 IL App (2d) 200623

Reversal of a temporary restraining order against Executive Order 2020-61; the IEMA Act plainly authorizes successive disaster proclamations; the regional order prescribed guidelines restaurants must follow to operate and was not a closure or quarantine order under the DPH Act

Illinois Appellate Court, Second District (Justice Zenoff, with Justices Hutchinson and Brennan), Illinois (Appellate Court, Second District) (Court)

Dates: Standing (2020-11-13 (opinion filed))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureCapacity limitAlcohol and barsOther
Character: adjudication
Grade: Primary source read

Because the Act plainly authorizes the Governor to issue successive disaster proclamations stemming from one ongoing disaster, the trial court abused its discretion in finding that FoxFire established a likelihood of success on the merits.... EO61 prescribed guidelines that restaurants must follow to safely operate while a region's positivity rates exceed state guidelines.

Enforcement: n/a (judicial decision confirming the binding force of the orders)

Citation: Illinois Appellate Court, Second District (Justice Zenoff, with Justices Hutchinson and Brennan), Fox Fire Tavern, LLC v. Pritzker, 2020 IL App (2d) 200623 (Nov. 13, 2020) (Ex. DUT-IL-010) Open the exhibit

Ex. DUT-IL-011

JL Properties Group B, LLC v. Pritzker, 2021 IL App (3d) 200305

Affirmance of the circuit court's refusal of a preliminary injunction against the Governor's residential eviction moratoria; the special concurrence would hold the moratoria authorized by section 7(8) of the IEMA Act as control of 'the movement of persons' and 'the occupancy of premises'

Illinois Appellate Court, Third District (majority; Presiding Justice McDade specially concurring), Illinois (Appellate Court, Third District) (Court)

Dates: Standing (2021-05-21 (opinion filed))
Quarters: 2021 Q22021 Q3
Limitations: Emergency declarationOther
Character: adjudication
Grade: Primary source read

Those powers include '[t]o control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein.' 20 ILCS 3305/7(8) (West 2018). We find that this broad grant of authority to the Governor reasonably encompasses his ability to impose the moratoria.

Enforcement: n/a (judicial decision)

Citation: Illinois Appellate Court, Third District (majority; Presiding Justice McDade specially concurring), JL Properties Group B, LLC v. Pritzker, 2021 IL App (3d) 200305 (May 21, 2021) (Ex. DUT-IL-011) Open the exhibit

Ex. DUT-IL-012

Public Act 101-0653 (House Bill 4276), amending 820 ILCS 310/1(g)

Extension of the COVID-19 first-responder and front-line-worker presumption to diagnoses made on or before June 30, 2021, including the period between December 31, 2020 and the Act's effective date

Illinois General Assembly; Governor JB Pritzker, Illinois (State)

Dates: Standing (2021-02-28; retroactive to diagnoses from December 31, 2020)
Quarters: 2021 Q12021 Q2
Limitations: Workplace rulesStanding dutyOperating condition
Character: liability shield condition
Grade: Primary source read

on or after March 9, 2020 and on or before June 30, 2021 (including the period between December 31, 2020 and the effective date of this amendatory Act of the 101st General Assembly)

Enforcement: Occupational-disease liability unless rebutted

Citation: Illinois General Assembly; Governor JB Pritzker, Public Act 101-0653 (House Bill 4276), amending 820 ILCS 310/1(g) (Feb. 28, 2021) (Ex. DUT-IL-012) Open the exhibit

Ex. DUT-IL-013

Guidance for Employers and Employees on Workers' Rights and Safety During the Restore Illinois Plan (revision of December 9, 2020)

State guidance stating that federal and Illinois law require employers to maintain a safe and healthy workplace, that employers are required to follow the Governor's executive orders, and listing the minimum workplace safety requirements

Office of the Illinois Attorney General (Kwame Raoul), with the Governor's Office, Illinois Department of Labor, Illinois Department of Employment Security and Illinois Department of Public Health, Illinois (State)

Dates: Standing (2020-05-01 (posting of the IDPH and Attorney General workplace-safety guidance required of every business with employees physically reporting to a work-site from May 1, 2020, EO 2020-32 ¶ 5))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Telework mandateFace-covering requirementWorkplace rulesStanding duty
Character: guidance incorporated
Grade: Primary source read

Federal and Illinois law require employers to maintain a safe and healthy workplace.... Employers are required to follow the Governor's Executive Orders.... All employers are required to:... Ensure that employees practice social distancing and wear face coverings when social distancing is not always possible

Enforcement: Enforcement of the underlying executive orders (20 ILCS 3305; 690.50 and 20 ILCS 2305/8.1); Whistleblower Act remedies for retaliation; Attorney General Workplace Rights Bureau complaints

Citation: Office of the Illinois Attorney General (Kwame Raoul), with the Governor's Office, Illinois Department of Labor, Illinois Department of Employment Security and Illinois Department of Public Health, Guidance for Employers and Employees on Workers' Rights and Safety During the Restore Illinois Plan (revision of December 9, 2020) (Dec. 9, 2020) (Ex. DUT-IL-013) Open the exhibit

Ex. DUT-IL-014

20 ILCS 2305/8.1 (penalty for violating or refusing to obey Department rules)

Class A misdemeanor for whoever violates or refuses to obey any rule or regulation of the Department of Public Health; duty of every State's Attorney to prosecute

Illinois General Assembly (Department of Public Health Act), Illinois (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

Whoever violates or refuses to obey any rule or regulation of the Department of Public Health shall be deemed guilty of a Class A misdemeanor.... Each State's Attorney shall prosecute all persons in his county violating or refusing to obey the rules and regulations of the Department of Public Health.

Enforcement: Class A misdemeanor (the IDPH rule and the Governor's release state fines of $75 to $2,500 for businesses)

Citation: Illinois General Assembly (Department of Public Health Act), 20 ILCS 2305/8.1 (penalty for violating or refusing to obey Department rules) (standing) (Ex. DUT-IL-014) Open the exhibit

Ex. DUT-IL-015

20 ILCS 3305/19 (Utilization of Existing Agency, Facilities, and Personnel)

Direction to the Governor, the IEMA Director and political subdivisions to utilize existing State and local agencies, and to their officers and personnel to cooperate, in carrying out the Act

Illinois General Assembly (Illinois Emergency Management Agency Act), Illinois (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStanding duty
Character: statutory duty
Grade: Primary source read

the officers and personnel of all such departments, offices and agencies are directed, upon request, to cooperate with and extend such services and facilities to the Governor, the Director and the emergency services and disaster agencies.

Enforcement: none stated in the section

Citation: Illinois General Assembly (Illinois Emergency Management Agency Act), 20 ILCS 3305/19 (Utilization of Existing Agency, Facilities, and Personnel) (standing) (Ex. DUT-IL-015) Open the exhibit

Ex. DUT-IL-016

Press release, 'Gov. Pritzker Announces Efforts to Protect Illinois Communities and Frontline Workers in Response to Ongoing COVID-19 Pandemic' (announcing the IDPH emergency rules for businesses, schools and child care and the signing of SB 471)

Official description of the three-step enforcement of the business face-covering and gathering rule (written notice; order to disperse; Class A misdemeanor and $75-$2,500 fine) and statement that businesses have a responsibility to cooperate with public health investigations

Governor JB Pritzker (Office of the Governor release, with IDPH Director Ngozi Ezike), Illinois (State)

Dates: Standing (2020-08-07 (the rule described took effect the same day))
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Gathering capFace-covering requirementWorkplace rulesStanding duty
Character: agency position statement
Grade: Primary source read

First, businesses will be given a warning in the form of written notice... Second, businesses that do not voluntarily comply will be given an order to have some or all of their patrons leave the premises... Third, if the business continues to refuse to comply, the business can receive a class A misdemeanor and be subject to a fine ranging from $75-$2,500.

Enforcement: Class A misdemeanor and fine of $75 to $2,500 against the business after written notice and order to disperse

Citation: Governor JB Pritzker (Office of the Governor release, with IDPH Director Ngozi Ezike), Press release, 'Gov. Pritzker Announces Efforts to Protect Illinois Communities and Frontline Workers in Response to Ongoing COVID-19 Pandemic' (announcing the IDPH emergency rules for businesses, schools and child care and the signing of SB 471) (Aug. 7, 2020) (Ex. DUT-IL-016) Open the exhibit

Ex. DUT-IL-017

Joint IDPH-DCEO release, 'State of Illinois Updates Safety Guidelines for Restaurants and Bar Establishments to Protect Patrons and Workers from COVID-19' (revised Phase 4 restaurant and bar guidelines effective August 26, 2020)

Revised DCEO Phase 4 guidelines requiring face coverings during every interaction between patrons and wait staff and food service workers, applied to all facilities with food service areas under the Restore Illinois guidance

Illinois Department of Public Health and Illinois Department of Commerce and Economic Opportunity, Illinois (State)

Dates: Standing (2020-08-26)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitFace-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Primary source read

Face coverings must be worn over the nose and mouth when patrons are approached and served by staff, including but not limited to when employees take patrons orders, deliver food and beverages, and service tables.

Enforcement: Enforcement of EO 2020-43 (20 ILCS 3305/7, 15, 18, 19); 77 Ill. Adm. Code 690.50 (face-covering duty of businesses) with 20 ILCS 2305/8.1

Citation: Illinois Department of Public Health and Illinois Department of Commerce and Economic Opportunity, Joint IDPH-DCEO release, 'State of Illinois Updates Safety Guidelines for Restaurants and Bar Establishments to Protect Patrons and Workers from COVID-19' (revised Phase 4 restaurant and bar guidelines effective August 26, 2020) (Aug. 25, 2020) (Ex. DUT-IL-017) Open the exhibit

Ex. DUT-IL-018

20 ILCS 3305/18 (Orders, Rules and Regulations)

Filing of every gubernatorial order with the Secretary of State; during a declared disaster every order becomes effective immediately upon filing

Illinois General Assembly (Illinois Emergency Management Agency Act), Illinois (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStanding duty
Character: statutory duty
Grade: Primary source read

upon the declaration of a disaster by the Governor as is described in Section 7 the provision relating to the effective date of any rule, regulation, order or amendment issued under this Act and during the state of disaster is abrogated, and the rule, regulation, order or amendment shall become effective immediately upon being filed with the Secretary of State

Enforcement: none stated in the section

Citation: Illinois General Assembly (Illinois Emergency Management Agency Act), 20 ILCS 3305/18 (Orders, Rules and Regulations) (standing) (Ex. DUT-IL-018) Open the exhibit

Ex. DUT-IL-019

Emergency amendment to 77 Ill. Adm. Code 690 (Section 690.50), 45 Ill. Reg. 987, effective January 4, 2021, as summarized in The Flinn Report, Vol. 45, Issue 3 (Jan. 15, 2021), with JCAR's vote of January 12, 2021

Re-adoption of the business face-covering and gathering rule for 2021, 'nearly identical' to 44 Ill. Reg. 13807; JCAR motion to object and suspend failed 6-5

Joint Committee on Administrative Rules (JCAR), Illinois General Assembly (The Flinn Report), describing the Illinois Department of Public Health's emergency rule, Illinois (State)

Dates: Standing (2021-01-04 (emergency rule, maximum 150 days))
Quarters: 2021 Q12021 Q2
Limitations: Capacity limitGathering capFace-covering requirementWorkplace rulesStanding duty
Character: covid workplace rule
Grade: Confirmed from a secondary source

This emergency rule replaces, and is nearly identical to, a previous emergency rule (44 Ill Reg 13807) effective 8/7/20 that expired 1/3/21.... a motion to object to and suspend this rule failed on a 6-5 vote (8 affirmative votes are required to impose a suspension).

Enforcement: 20 ILCS 2305/8.1 Class A misdemeanor after written notice and order to disperse

Citation: Joint Committee on Administrative Rules (JCAR), Illinois General Assembly (The Flinn Report), describing the Illinois Department of Public Health's emergency rule, Emergency amendment to 77 Ill. Adm. Code 690 (Section 690.50), 45 Ill. Reg. 987, effective January 4, 2021, as summarized in The Flinn Report, Vol. 45, Issue 3 (Jan. 15, 2021), with JCAR's vote of January 12, 2021 (Jan. 4, 2021) (Ex. DUT-IL-019) Open the exhibit

Ex. DUT-IL-020

The Flinn Report, Vol. 44, Issue 34 (Aug. 21, 2020), summarizing the IDPH emergency amendment to 77 Ill. Adm. Code 690 at 44 Ill. Reg. 13807, effective August 7, 2020

Official JCAR record fixing the Illinois Register citation and effective date of the business face-covering and gathering rule and summarizing its requirements

Joint Committee on Administrative Rules (JCAR), Illinois General Assembly (The Flinn Report), Illinois (State)

Dates: Standing (2020-08-07 (rule described))
Quarters: 2020 Q32020 Q4
Limitations: Capacity limitGathering capFace-covering requirementWorkplace rulesStanding duty
Character: covid workplace rule
Grade: Primary source read

The DEPARTMENT OF PUBLIC HEALTH adopted an emergency amendment to Control of Communicable Diseases Code (77 IAC 690; 44 Ill Reg 13807) effective 8/7/20 for a maximum of 150 days. This emergency rule places the following requirements upon businesses, services, facilities, organizations, and schools to control the spread of COVID-19

Enforcement: 20 ILCS 2305/8.1 (as described)

Citation: Joint Committee on Administrative Rules (JCAR), Illinois General Assembly (The Flinn Report), The Flinn Report, Vol. 44, Issue 34 (Aug. 21, 2020), summarizing the IDPH emergency amendment to 77 Ill. Adm. Code 690 at 44 Ill. Reg. 13807, effective August 7, 2020 (Ex. DUT-IL-020) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

29 U.S.C. 654 (OSH Act § 5, the general duty clause)

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory duty
Grade: Primary source read

(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.

Enforcement: 29 U.S.C. 666: civil penalties for serious, other-than-serious, willful and repeated violations (2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); willful violations causing death are criminal (29 U.S.C. 666(e)).

Citation: 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) Open the exhibit

Ex. DUT-FED-002

29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)

Judicial review; discharge or discrimination against employee for exercise of rights

Congress (OSH Act § 11(c)), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory duty
Grade: Primary source read

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.

Enforcement: 29 U.S.C. 660(c)(2): Secretary's suit in district court for reinstatement with back pay and 'all appropriate relief'

Citation: Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002) Open the exhibit

Ex. DUT-FED-003

29 C.F.R. 1910.132 (personal protective equipment, general requirements)

General requirements (Subpart I, Personal Protective Equipment)

Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment... (d)(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE).

Enforcement: 29 U.S.C. 666 (civil penalties per violation)

Citation: Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003) Open the exhibit

Ex. DUT-FED-004

29 C.F.R. 1910.134 (respiratory protection)

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a)(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program... (c)(1)... the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004) Open the exhibit

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a)(3)(i) All places of employment shall be kept clean to the extent that the nature of the work allows.... (d)(1) Washing facilities shall be maintained in a sanitary condition.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005) Open the exhibit

Ex. DUT-FED-006

29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: agency position statement
Grade: Primary source read

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates: Standing (2021-01-29)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-08-13)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-06)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

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.... In addition, 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: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates: Standing (2020-09-09)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates: Standing (2020-09-11)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates: Standing (2021-04-22)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates: Standing (2021-04-15)
Quarters: 2020 Q42021 Q2
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates: Standing (2020-10-09)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-11-06)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Character: agency enforcement summary
Grade: Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates: Standing (2020-12-08)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates: Standing (2021-04-20)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingStanding duty
Character: regulatory duty
Grade: Primary source read

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: liability shield condition
Grade: Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates: Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Character: agency interpretation
Grade: Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

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

Dates: Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Vaccination or testingOther
Character: liability shield condition
Grade: Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates: Standing (2020-04-17)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-09-08)
Quarters: 2020 Q32020 Q4
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory framework
Grade: Primary source read

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory framework
Grade: Primary source read

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory framework
Grade: Primary source read

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

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

Dates: Standing (2020-03-21)
Quarters: 2020 Q2
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

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

Dates: Standing (2020-05-06)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates: Standing (2020-03-18)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

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

Dates: Standing (2020-07-15)
Quarters: 2020 Q32020 Q4
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-04-26)
Quarters: 2020 Q22020 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character: agency guidance recommendation
Grade: Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-07-09)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

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

Dates: Standing (2020-04-08)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

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

Dates: Standing (2020-05-27)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates: Standing (2020-03-13)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rules
Character: agency position statement
Grade: Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates: Standing (2021-01-08)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates: Standing (2021-10-01)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-12-16)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2021-05-28)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-06-10)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates: Standing (2022-06-06)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rules
Character: adjudication
Grade: Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in Illinois 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.

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

Step one, the orders. In the third quarter of 2021 the Library holds 245 instruments in force for this selection: 22 instruments from the State of Illinois (Governor JB Pritzker, Executive Order 2021-03 (COVID-19 Executive Order No. 73) (Jan. 19, 2021) (Ex. IL-034); Governor JB Pritzker, Executive Order 2020-04 (COVID-19 Executive Order No. 2) (Mar. 13, 2020) (Ex. IL-002); Governor JB Pritzker, Executive Order 2020-40 (COVID-19 Executive Order No. 38) (June 4, 2020) (Ex. IL-017); and 19 more), 17 instruments from the agencies, boards and authorities of Illinois (Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-07: COVID-19 Emergency Measures, Modification of Operations (Nov. 23, 2020) (Ex. AGY-ST-COURTS-033); Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-07 (eff. Oct. 15, 2021), amended nunc pro tunc Oct. 19, 2021 (Ex. AGY-ST-COURTS-035); Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-07 (amended effective April 22, 2021; entered nunc pro tunc April 27, 2021) (Apr. 27, 2021) (Ex. AGY-ST-COURTS-034); and 14 more), 167 federal instruments (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); 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); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 39 standing duties (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); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 37 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, in the Library's own labels: WF workforce (Ex. AGY-ST-COURTS-033); PM property management (Ex. AGY-ST-COURTS-033); CT courts and agencies (Ex. AGY-ST-COURTS-033); IN in-person instruction (Ex. IL-017); SV servicing and collections (Ex. AGY-ST-COURTS-033); CB (Ex. AGY-ST-ALCOHOL-116); MASK (Ex. IL-037); IC infection control (Ex. IL-037); IN (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-003); WF (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-003).

Step three, the change compelled. Governor JB Pritzker, Executive Order 2021-03 (COVID-19 Executive Order No. 73) (Jan. 19, 2021) (Ex. IL-034) ordered: "Section 1: Metrics for regional movement between mitigation Tiers and Phases. The following metrics dictate which set of mitigation measures apply to the counties (or the City of Chicago) within an EMS region. The Illinois Department of Public Health (IDPH) will track and report on an updated basis…" Enforcement: Through the Phase 4 and Tier orders it governs; IDPH determinations published on its website Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-07: COVID-19 Emergency Measures, Modification of Operations (Nov. 23, 2020) (Ex. AGY-ST-COURTS-033) ordered: "IT IS HEREBY ORDERED that, except in extraordinary or compelling circumstances, all matters in all Districts and Divisions of the court shall be conducted by videoconference... all judges and employees of the court, except those who are performing essential court operations, shall work remotely and…" Enforcement: General administrative order under Ill. S. Ct. R. 21(b) and M.R. 30370 Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-07 (eff. Oct. 15, 2021), amended nunc pro tunc Oct. 19, 2021 (Ex. AGY-ST-COURTS-035) ordered: "IT IS HEREBY ORDERED that, pursuant to Ill. S. Ct., Illinois Courts Response to COVID-19 Emergency/ Social Distancing, M.R. 30370 (eff. June 30, 2021) and guidance received June 14, 2021, from the Cook County Dept. of Public Health, the requirement of six feet of distance between persons in the…" Enforcement: General administrative order under Ill. S. Ct. R. 21(b) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2021 to Sept. 30, 2021, 92 days. Executive Order 2021-03 (COVID-19 Executive Order No. 73) (Ex. IL-034) was in force from Jan. 19, 2021 to Oct. 16, 2021, 92 of the quarter's 92 days; General Administrative Order No. 2020-07: COVID-19 Emergency Measures, Modification of… (Ex. AGY-ST-COURTS-033) was in force from Nov. 23, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Executive Order 2020-47 (COVID-19 Executive Order No. 44) (Ex. IL-020) was in force from July 24, 2020 to Oct. 16, 2021, 92 of the quarter's 92 days. Of the 39 instruments in the quarter's record, 18 were in force on its first day, 24 on its last day and 14 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; 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.

7. Exhibit list

Every instrument cited in this report, by exhibit identifier: 223 records, of which The COVID Project holds the document for 221. 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. AGY-LOCAL-DISTRICTS-AUTHORITIES-001	Board Report 20-0325-RS1, Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19)	Board of Education of the City of Chicago	Mar. 25, 2020	Board of Education of the City of Chicago, Board Report 20-0325-RS1, Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19) (Mar. 25, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-001)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-001	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-001
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-002	Board Report 20-0325-RU1, Adopt Board Rule 2-4.2 - Emergency Authority in the Event of a Declared State of Emergency on an Interim Basis	Board of Education of the City of Chicago	Mar. 25, 2020	Board of Education of the City of Chicago, Board Report 20-0325-RU1, Adopt Board Rule 2-4.2 - Emergency Authority in the Event of a Declared State of Emergency on an Interim Basis (Mar. 25, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-002)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-002	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-002
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-003	Board Report 20-0624-RS1, Amend Board Report 20-0325-RS1 Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19)	Board of Education of the City of Chicago	June 24, 2020	Board of Education of the City of Chicago, Board Report 20-0624-RS1, Amend Board Report 20-0325-RS1 Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19) (June 24, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-003)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-003	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-003
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-005	Board Report 21-0623-PO4, Adopt an Interim Remote Education Policy	Board of Education of the City of Chicago	June 23, 2021	Board of Education of the City of Chicago, Board Report 21-0623-PO4, Adopt an Interim Remote Education Policy (June 23, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-005)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-005	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-005
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-006	Board Report 21-0728-RS7, Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19) and Moving Forward Together…	Board of Education of the City of Chicago	July 28, 2021	Board of Education of the City of Chicago, Board Report 21-0728-RS7, Resolution Authorizing Expenditures and Actions in Response to the Coronavirus Disease 2019 (COVID-19) and Moving Forward Together Initiative for FY22 (July 28, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-006)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-006	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-006
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-007	Board Report 21-0825-PO2, Adopt a New Remote Education Policy on a Final Basis	Board of Education of the City of Chicago	Aug. 25, 2021	Board of Education of the City of Chicago, Board Report 21-0825-PO2, Adopt a New Remote Education Policy on a Final Basis (Aug. 25, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-007)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-007	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-007
Ex. AGY-ST-ALCOHOL-116	ILCC COVID-19 Related Action, Sales and Delivery of "To Go" Mixed Drinks/Cocktails (June 2, 2020)	Illinois Liquor Control Commission	June 2, 2020	Illinois Liquor Control Commission, ILCC COVID-19 Related Action, Sales and Delivery of "To Go" Mixed Drinks/Cocktails (June 2, 2020) (Ex. AGY-ST-ALCOHOL-116)	/library/AGY-ST-ALCOHOL-116	/exhibit/AGY-ST-ALCOHOL-116
Ex. AGY-ST-ALCOHOL-123	ILCC, Sales and Delivery of "To Go" Mixed Drinks/Cocktails and Single Servings of Wine (amended June 25, 2021)	Illinois Liquor Control Commission	June 25, 2021	Illinois Liquor Control Commission, ILCC, Sales and Delivery of "To Go" Mixed Drinks/Cocktails and Single Servings of Wine (amended June 25, 2021) (Ex. AGY-ST-ALCOHOL-123)	/library/AGY-ST-ALCOHOL-123	/exhibit/AGY-ST-ALCOHOL-123
Ex. AGY-ST-COURTS-033	General Administrative Order No. 2020-07: COVID-19 Emergency Measures, Modification of Operations	Chief Judge Timothy C. Evans, Circuit Court of Cook County	Nov. 23, 2020	Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-07: COVID-19 Emergency Measures, Modification of Operations (Nov. 23, 2020) (Ex. AGY-ST-COURTS-033)	/library/AGY-ST-COURTS-033	/exhibit/AGY-ST-COURTS-033
Ex. AGY-ST-COURTS-034	General Administrative Order No. 2020-07 (amended effective April 22, 2021; entered nunc pro tunc April 27, 2021)	Chief Judge Timothy C. Evans, Circuit Court of Cook County	Apr. 27, 2021	Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-07 (amended effective April 22, 2021; entered nunc pro tunc April 27, 2021) (Apr. 27, 2021) (Ex. AGY-ST-COURTS-034)	/library/AGY-ST-COURTS-034	/exhibit/AGY-ST-COURTS-034
Ex. AGY-ST-COURTS-035	General Administrative Order No. 2020-07 (eff. Oct. 15, 2021), amended nunc pro tunc Oct. 19, 2021	Chief Judge Timothy C. Evans, Circuit Court of Cook County	Oct. 19, 2021	Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-07 (eff. Oct. 15, 2021), amended nunc pro tunc Oct. 19, 2021 (Ex. AGY-ST-COURTS-035)	/library/AGY-ST-COURTS-035	/exhibit/AGY-ST-COURTS-035
Ex. AGY-ST-COURTS-036	General Administrative Order No. 2020-09: Residential Eviction and Consumer Debt Early Resolution Program (entered Dec. 14, 2020), with attachments	Chief Judge Timothy C. Evans, Circuit Court of Cook County	Dec. 14, 2020	Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2020-09: Residential Eviction and Consumer Debt Early Resolution Program (entered Dec. 14, 2020), with attachments (Ex. AGY-ST-COURTS-036)	/library/AGY-ST-COURTS-036	/exhibit/AGY-ST-COURTS-036
Ex. AGY-ST-COURTS-038	General Administrative Order No. 2021-02: Residential eviction proceedings, procedures	Chief Judge Timothy C. Evans, Circuit Court of Cook County	June 25, 2021	Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2021-02: Residential eviction proceedings, procedures (June 25, 2021) (Ex. AGY-ST-COURTS-038)	/library/AGY-ST-COURTS-038	/exhibit/AGY-ST-COURTS-038
Ex. AGY-ST-COURTS-039	General Administrative Order No. 2021-05: Domestic Violence Division Cases, Remote Proceedings, Continuance of Pending Cases	Chief Judge Timothy C. Evans, Circuit Court of Cook County	Aug. 11, 2021	Chief Judge Timothy C. Evans, Circuit Court of Cook County, General Administrative Order No. 2021-05: Domestic Violence Division Cases, Remote Proceedings, Continuance of Pending Cases (Aug. 11, 2021) (Ex. AGY-ST-COURTS-039)	/library/AGY-ST-COURTS-039	/exhibit/AGY-ST-COURTS-039
Ex. AGY-ST-EDUCATION-HIGHER-ED-031	23 Ill. Adm. Code Part 1, Public Schools Evaluation, Recognition and Supervision, emergency amendment to Appendix A (eligible age), 45 Ill. Reg. (August 26…	Illinois State Board of Education	Aug. 26, 2021	Illinois State Board of Education, 23 Ill. Adm. Code Part 1, Public Schools Evaluation, Recognition and Supervision, emergency amendment to Appendix A (eligible age), 45 Ill. Reg. (August 26, 2021 filing on ISBE's index) (Aug. 26, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-031)	/library/AGY-ST-EDUCATION-HIGHER-ED-031	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-031
Ex. AGY-ST-EDUCATION-HIGHER-ED-032	Letter to Superintendents, 'Enforcement of the Universal Indoor Masking Requirement' (August 11, 2021)	Dr. Carmen I. Ayala, State Superintendent of Education, Illinois State Board of Education	Aug. 11, 2021	Dr. Carmen I. Ayala, State Superintendent of Education, Illinois State Board of Education, Letter to Superintendents, 'Enforcement of the Universal Indoor Masking Requirement' (August 11, 2021) (Aug. 11, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-032)	/library/AGY-ST-EDUCATION-HIGHER-ED-032	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-032
Ex. AGY-ST-HEALTH-BOARDS-053	IDFPR list, 'Issued COVID Temporary Practice Permits' (permits valid until July 11, 2023), by profession code, name, city, State and date issued	Illinois Department of Financial and Professional Regulation	July 11, 2023	Illinois Department of Financial and Professional Regulation, IDFPR list, 'Issued COVID Temporary Practice Permits' (permits valid until July 11, 2023), by profession code, name, city, State and date issued (Ex. AGY-ST-HEALTH-BOARDS-053)	/library/AGY-ST-HEALTH-BOARDS-053	/exhibit/AGY-ST-HEALTH-BOARDS-053
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. DUT-FED-002	29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)	Congress (OSH Act § 11(c))	standing	Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)	/library/DUT-FED-002	/exhibit/DUT-FED-002
Ex. DUT-FED-003	29 C.F.R. 1910.132 (personal protective equipment, general requirements)	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)	standing	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)	/library/DUT-FED-003	/exhibit/DUT-FED-003
Ex. DUT-FED-004	29 C.F.R. 1910.134 (respiratory protection)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)	/library/DUT-FED-004	/exhibit/DUT-FED-004
Ex. DUT-FED-005	29 C.F.R. 1910.141 (sanitation)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)	/library/DUT-FED-005	/exhibit/DUT-FED-005
Ex. DUT-FED-006	29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)	/library/DUT-FED-006	/exhibit/DUT-FED-006
Ex. DUT-FED-007	29 C.F.R. 1910.1030 (bloodborne pathogens)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)	/library/DUT-FED-007	/exhibit/DUT-FED-007
Ex. DUT-FED-008	29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))	standing	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)	/library/DUT-FED-008	/exhibit/DUT-FED-008
Ex. DUT-FED-009	OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')	standing	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)	/library/DUT-FED-009	/exhibit/DUT-FED-009
Ex. DUT-FED-010	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))	standing	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)	/library/DUT-FED-010	/exhibit/DUT-FED-010
Ex. DUT-FED-011	Protecting Workers guidance, as updated August 13, 2021	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)	/library/DUT-FED-011	/exhibit/DUT-FED-011
Ex. DUT-FED-013	Guidance on Returning to Work (OSHA 4045, June 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)	/library/DUT-FED-013	/exhibit/DUT-FED-013
Ex. DUT-FED-015	Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)	standing	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)	/library/DUT-FED-015	/exhibit/DUT-FED-015
Ex. DUT-FED-016	Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)	OSHA, Denver Area Office (Inspection No. 1475131)	standing	OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)	/library/DUT-FED-016	/exhibit/DUT-FED-016
Ex. DUT-FED-017	Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)	standing	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)	/library/DUT-FED-017	/exhibit/DUT-FED-017
Ex. DUT-FED-018	Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)	OSHA, Hartford Area Office (Inspection No. 1505094)	standing	OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)	/library/DUT-FED-018	/exhibit/DUT-FED-018
Ex. DUT-FED-019	Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)	OSHA, Hartford Area Office (Inspection No. 1472908)	standing	OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)	/library/DUT-FED-019	/exhibit/DUT-FED-019
Ex. DUT-FED-020	Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)	/library/DUT-FED-020	/exhibit/DUT-FED-020
Ex. DUT-FED-021	Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)	OSHA, Avenel Area Office (Inspection No. 1480762)	standing	OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)	/library/DUT-FED-021	/exhibit/DUT-FED-021
Ex. DUT-FED-022	Citation, United States Postal Service, Washington, DC (general duty clause)	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)	standing	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)	/library/DUT-FED-022	/exhibit/DUT-FED-022
Ex. DUT-FED-023	42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)	standing	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)	/library/DUT-FED-023	/exhibit/DUT-FED-023
Ex. DUT-FED-024	42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)	Centers for Medicare & Medicaid Services (hospital condition of participation)	standing	Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)	/library/DUT-FED-024	/exhibit/DUT-FED-024
Ex. DUT-FED-025	42 U.S.C. 247d-6d (PREP Act targeted liability protections)	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)	standing	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)	/library/DUT-FED-025	/exhibit/DUT-FED-025
Ex. DUT-FED-026	Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)	standing	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)	/library/DUT-FED-026	/exhibit/DUT-FED-026
Ex. DUT-FED-027	Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190	Secretary of Health and Human Services (Alex M. Azar II)	standing	Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)	/library/DUT-FED-027	/exhibit/DUT-FED-027
Ex. DUT-FED-029	Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews	Federal Aviation Administration, Flight Standards Service (with the CDC)	standing	Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)	/library/DUT-FED-029	/exhibit/DUT-FED-029
Ex. DUT-FED-030	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)	/library/DUT-FED-030	/exhibit/DUT-FED-030
Ex. DUT-FED-031	42 U.S.C. 12113 (ADA defenses; direct threat)	Congress (Americans with Disabilities Act § 103)	standing	Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)	/library/DUT-FED-031	/exhibit/DUT-FED-031
Ex. DUT-FED-032	29 C.F.R. 1630.2(r) (definition of direct threat)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)	/library/DUT-FED-032	/exhibit/DUT-FED-032
Ex. DUT-FED-033	29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)	/library/DUT-FED-033	/exhibit/DUT-FED-033
Ex. DUT-FED-034	Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)	/library/DUT-FED-034	/exhibit/DUT-FED-034
Ex. DUT-FED-035	Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)	/library/DUT-FED-035	/exhibit/DUT-FED-035
Ex. DUT-FED-037	Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)	standing	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)	/library/DUT-FED-037	/exhibit/DUT-FED-037
Ex. DUT-FED-060	Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)	/library/DUT-FED-060	/exhibit/DUT-FED-060
Ex. DUT-FED-061	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)	/library/DUT-FED-061	/exhibit/DUT-FED-061
Ex. DUT-FED-062	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)	/library/DUT-FED-062	/exhibit/DUT-FED-062
Ex. DUT-FED-063	Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)	/library/DUT-FED-063	/exhibit/DUT-FED-063
Ex. DUT-FED-064	Considerations for Restaurants and Bars (updated May 27, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)	/library/DUT-FED-064	/exhibit/DUT-FED-064
Ex. DUT-FED-065	Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)	Federal Motor Carrier Safety Administration	standing	Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)	/library/DUT-FED-065	/exhibit/DUT-FED-065
Ex. DUT-FED-066	News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release	standing	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)	/library/DUT-FED-066	/exhibit/DUT-FED-066
Ex. DUT-FED-067	News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)	Occupational Safety and Health Administration, national news release	standing	Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)	/library/DUT-FED-067	/exhibit/DUT-FED-067
Ex. DUT-FED-069	News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)	standing	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)	/library/DUT-FED-069	/exhibit/DUT-FED-069
Ex. DUT-FED-070	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)	/library/DUT-FED-070	/exhibit/DUT-FED-070
Ex. DUT-FED-071	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)	/library/DUT-FED-071	/exhibit/DUT-FED-071
Ex. DUT-FED-072	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)	/library/DUT-FED-072	/exhibit/DUT-FED-072
Ex. DUT-FED-073	Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney	standing	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)	/library/DUT-FED-073	/exhibit/DUT-FED-073
Ex. DUT-IL-001	20 ILCS 2305/2 (Department of Public Health Act, Section 2, Powers)	Illinois General Assembly (Department of Public Health Act)	standing	Illinois General Assembly (Department of Public Health Act), 20 ILCS 2305/2 (Department of Public Health Act, Section 2, Powers) (standing) (Ex. DUT-IL-001)	/library/DUT-IL-001	/exhibit/DUT-IL-001
Ex. DUT-IL-002	20 ILCS 3305/7 (Emergency Powers of the Governor)	Illinois General Assembly (Illinois Emergency Management Agency Act)	standing	Illinois General Assembly (Illinois Emergency Management Agency Act), 20 ILCS 3305/7 (Emergency Powers of the Governor) (standing) (Ex. DUT-IL-002)	/library/DUT-IL-002	/exhibit/DUT-IL-002
Ex. DUT-IL-003	77 Ill. Adm. Code Part 690 (Control of Communicable Diseases Code; now titled Control of Notifiable Diseases and Conditions Code), Subpart A (General…	Illinois Department of Public Health	standing	Illinois Department of Public Health, 77 Ill. Adm. Code Part 690 (Control of Communicable Diseases Code; now titled Control of Notifiable Diseases and Conditions Code), Subpart A (General Provisions) and Subpart I (Isolation, Quarantine and Closure) (standing) (Ex. DUT-IL-003)	/library/DUT-IL-003	/exhibit/DUT-IL-003
Ex. DUT-IL-004	Emergency amendment to 77 Ill. Adm. Code 690 adding Section 690.50, Pandemic or Epidemic Respiratory Disease - Emergency Provisions	Illinois Department of Public Health	standing	Illinois Department of Public Health, Emergency amendment to 77 Ill. Adm. Code 690 adding Section 690.50, Pandemic or Epidemic Respiratory Disease - Emergency Provisions (Aug. 7, 2020) (Ex. DUT-IL-004)	/library/DUT-IL-004	/exhibit/DUT-IL-004
Ex. DUT-IL-005	Public Act 101-0633 (House Bill 2455), amending 820 ILCS 310/1 to add subsection (g)	Illinois General Assembly; Governor JB Pritzker (approved June 5, 2020)	standing	Illinois General Assembly; Governor JB Pritzker (approved June 5, 2020), Public Act 101-0633 (House Bill 2455), amending 820 ILCS 310/1 to add subsection (g) (June 5, 2020) (Ex. DUT-IL-005)	/library/DUT-IL-005	/exhibit/DUT-IL-005
Ex. DUT-IL-006	820 ILCS 310/1(g) (codified COVID-19 presumption)	Illinois General Assembly (Workers' Occupational Diseases Act as amended)	standing	Illinois General Assembly (Workers' Occupational Diseases Act as amended), 820 ILCS 310/1(g) (codified COVID-19 presumption) (Sept. 28, 2026) (Ex. DUT-IL-006)	/library/DUT-IL-006	/exhibit/DUT-IL-006
Ex. DUT-IL-007	820 ILCS 219/20 (Duties of employers and employees)	Illinois General Assembly (Illinois Occupational Safety and Health Act, P.A. 98-874)	standing	Illinois General Assembly (Illinois Occupational Safety and Health Act, P.A. 98-874), 820 ILCS 219/20 (Duties of employers and employees) (standing) (Ex. DUT-IL-007)	/library/DUT-IL-007	/exhibit/DUT-IL-007
Ex. DUT-IL-008	740 ILCS 130/2 (duty owed to entrants)	Illinois General Assembly (Premises Liability Act)	standing	Illinois General Assembly (Premises Liability Act), 740 ILCS 130/2 (duty owed to entrants) (standing) (Ex. DUT-IL-008)	/library/DUT-IL-008	/exhibit/DUT-IL-008
Ex. DUT-IL-009	55 ILCS 5/5-25013 (powers and duties of county boards of health)	Illinois General Assembly (Counties Code)	standing	Illinois General Assembly (Counties Code), 55 ILCS 5/5-25013 (powers and duties of county boards of health) (standing) (Ex. DUT-IL-009)	/library/DUT-IL-009	/exhibit/DUT-IL-009
Ex. DUT-IL-010	Fox Fire Tavern, LLC v. Pritzker, 2020 IL App (2d) 200623	Illinois Appellate Court, Second District (Justice Zenoff, with Justices Hutchinson and Brennan)	standing	Illinois Appellate Court, Second District (Justice Zenoff, with Justices Hutchinson and Brennan), Fox Fire Tavern, LLC v. Pritzker, 2020 IL App (2d) 200623 (Nov. 13, 2020) (Ex. DUT-IL-010)	/library/DUT-IL-010	/exhibit/DUT-IL-010
Ex. DUT-IL-011	JL Properties Group B, LLC v. Pritzker, 2021 IL App (3d) 200305	Illinois Appellate Court, Third District (majority; Presiding Justice McDade specially concurring)	standing	Illinois Appellate Court, Third District (majority; Presiding Justice McDade specially concurring), JL Properties Group B, LLC v. Pritzker, 2021 IL App (3d) 200305 (May 21, 2021) (Ex. DUT-IL-011)	/library/DUT-IL-011	/exhibit/DUT-IL-011
Ex. DUT-IL-012	Public Act 101-0653 (House Bill 4276), amending 820 ILCS 310/1(g)	Illinois General Assembly; Governor JB Pritzker	standing	Illinois General Assembly; Governor JB Pritzker, Public Act 101-0653 (House Bill 4276), amending 820 ILCS 310/1(g) (Feb. 28, 2021) (Ex. DUT-IL-012)	/library/DUT-IL-012	/exhibit/DUT-IL-012
Ex. DUT-IL-013	Guidance for Employers and Employees on Workers' Rights and Safety During the Restore Illinois Plan (revision of December 9, 2020)	Office of the Illinois Attorney General (Kwame Raoul), with the Governor's Office, Illinois Department of Labor, Illinois Department of Employment Security and Illinois Department of Public Health	standing	Office of the Illinois Attorney General (Kwame Raoul), with the Governor's Office, Illinois Department of Labor, Illinois Department of Employment Security and Illinois Department of Public Health, Guidance for Employers and Employees on Workers' Rights and Safety During the Restore Illinois Plan (revision of December 9, 2020) (Dec. 9, 2020) (Ex. DUT-IL-013)	/library/DUT-IL-013	/exhibit/DUT-IL-013
Ex. DUT-IL-014	20 ILCS 2305/8.1 (penalty for violating or refusing to obey Department rules)	Illinois General Assembly (Department of Public Health Act)	standing	Illinois General Assembly (Department of Public Health Act), 20 ILCS 2305/8.1 (penalty for violating or refusing to obey Department rules) (standing) (Ex. DUT-IL-014)	/library/DUT-IL-014	/exhibit/DUT-IL-014
Ex. DUT-IL-015	20 ILCS 3305/19 (Utilization of Existing Agency, Facilities, and Personnel)	Illinois General Assembly (Illinois Emergency Management Agency Act)	standing	Illinois General Assembly (Illinois Emergency Management Agency Act), 20 ILCS 3305/19 (Utilization of Existing Agency, Facilities, and Personnel) (standing) (Ex. DUT-IL-015)	/library/DUT-IL-015	/exhibit/DUT-IL-015
Ex. DUT-IL-016	Press release, 'Gov. Pritzker Announces Efforts to Protect Illinois Communities and Frontline Workers in Response to Ongoing COVID-19 Pandemic' (announcing the…	Governor JB Pritzker (Office of the Governor release, with IDPH Director Ngozi Ezike)	standing	Governor JB Pritzker (Office of the Governor release, with IDPH Director Ngozi Ezike), Press release, 'Gov. Pritzker Announces Efforts to Protect Illinois Communities and Frontline Workers in Response to Ongoing COVID-19 Pandemic' (announcing the IDPH emergency rules for businesses, schools and child care and the signing of SB 471) (Aug. 7, 2020) (Ex. DUT-IL-016)	/library/DUT-IL-016	/exhibit/DUT-IL-016
Ex. DUT-IL-017	Joint IDPH-DCEO release, 'State of Illinois Updates Safety Guidelines for Restaurants and Bar Establishments to Protect Patrons and Workers from COVID-19'…	Illinois Department of Public Health and Illinois Department of Commerce and Economic Opportunity	standing	Illinois Department of Public Health and Illinois Department of Commerce and Economic Opportunity, Joint IDPH-DCEO release, 'State of Illinois Updates Safety Guidelines for Restaurants and Bar Establishments to Protect Patrons and Workers from COVID-19' (revised Phase 4 restaurant and bar guidelines effective August 26, 2020) (Aug. 25, 2020) (Ex. DUT-IL-017)	/library/DUT-IL-017	/exhibit/DUT-IL-017
Ex. DUT-IL-018	20 ILCS 3305/18 (Orders, Rules and Regulations)	Illinois General Assembly (Illinois Emergency Management Agency Act)	standing	Illinois General Assembly (Illinois Emergency Management Agency Act), 20 ILCS 3305/18 (Orders, Rules and Regulations) (standing) (Ex. DUT-IL-018)	/library/DUT-IL-018	/exhibit/DUT-IL-018
Ex. DUT-IL-019	Emergency amendment to 77 Ill. Adm. Code 690 (Section 690.50), 45 Ill. Reg. 987, effective January 4, 2021, as summarized in The Flinn Report, Vol. 45, Issue 3…	Joint Committee on Administrative Rules (JCAR), Illinois General Assembly (The Flinn Report), describing the Illinois Department of Public Health's emergency rule	standing	Joint Committee on Administrative Rules (JCAR), Illinois General Assembly (The Flinn Report), describing the Illinois Department of Public Health's emergency rule, Emergency amendment to 77 Ill. Adm. Code 690 (Section 690.50), 45 Ill. Reg. 987, effective January 4, 2021, as summarized in The Flinn Report, Vol. 45, Issue 3 (Jan. 15, 2021), with JCAR's vote of January 12, 2021 (Jan. 4, 2021) (Ex. DUT-IL-019)	/library/DUT-IL-019	/exhibit/DUT-IL-019
Ex. DUT-IL-020	The Flinn Report, Vol. 44, Issue 34 (Aug. 21, 2020), summarizing the IDPH emergency amendment to 77 Ill. Adm. Code 690 at 44 Ill. Reg. 13807, effective August…	Joint Committee on Administrative Rules (JCAR), Illinois General Assembly (The Flinn Report)	standing	Joint Committee on Administrative Rules (JCAR), Illinois General Assembly (The Flinn Report), The Flinn Report, Vol. 44, Issue 34 (Aug. 21, 2020), summarizing the IDPH emergency amendment to 77 Ill. Adm. Code 690 at 44 Ill. Reg. 13807, effective August 7, 2020 (Ex. DUT-IL-020)	/library/DUT-IL-020	/exhibit/DUT-IL-020
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-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-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-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-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-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-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-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-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-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-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-071	Executive Order 13910	President Donald J. Trump	Mar. 23, 2020	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	/library/FED-071	/exhibit/FED-071
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-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-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-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-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-104	FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	/library/FED-104	/exhibit/FED-104
Ex. FED-109	FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)	/library/FED-109	/exhibit/FED-109
Ex. FED-113	FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 26, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)	/library/FED-113	/exhibit/FED-113
Ex. FED-115	FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 23, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)	/library/FED-115	/exhibit/FED-115
Ex. FED-118	FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 24, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)	/library/FED-118	/exhibit/FED-118
Ex. FED-130	FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)	/library/FED-130	/exhibit/FED-130
Ex. FED-132	FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 20, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	/library/FED-132	/exhibit/FED-132
Ex. FED-133	FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)	/library/FED-133	/exhibit/FED-133
Ex. FED-143	FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)	/library/FED-143	/exhibit/FED-143
Ex. FED-147	FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	/library/FED-147	/exhibit/FED-147
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-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-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-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-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-183	Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices	Secretary of Health and Human Services	Mar. 24, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)	/library/FED-183	/exhibit/FED-183
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-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-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-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-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-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-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-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-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-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-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-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-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-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-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-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-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-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-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-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-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. IL-001	Gubernatorial Disaster Proclamation (COVID-19)	Governor JB Pritzker	Mar. 9, 2020	Governor JB Pritzker, Gubernatorial Disaster Proclamation (COVID-19) (Mar. 9, 2020) (Ex. IL-001)	/library/IL-001	/exhibit/IL-001
Ex. IL-002	Executive Order 2020-04 (COVID-19 Executive Order No. 2)	Governor JB Pritzker	Mar. 13, 2020	Governor JB Pritzker, Executive Order 2020-04 (COVID-19 Executive Order No. 2) (Mar. 13, 2020) (Ex. IL-002)	/library/IL-002	/exhibit/IL-002
Ex. IL-005	Executive Order 2020-10 (COVID-19 Executive Order No. 8)	Governor JB Pritzker	Mar. 20, 2020	Governor JB Pritzker, Executive Order 2020-10 (COVID-19 Executive Order No. 8) (Mar. 20, 2020) (Ex. IL-005)	/library/IL-005	/exhibit/IL-005
Ex. IL-011	Executive Order 2020-29 (COVID-19 Executive Order No. 27)	Governor JB Pritzker (for the Illinois Department of Insurance)	Apr. 20, 2020	Governor JB Pritzker (for the Illinois Department of Insurance), Executive Order 2020-29 (COVID-19 Executive Order No. 27) (Apr. 20, 2020) (Ex. IL-011)	/library/IL-011	/exhibit/IL-011
Ex. IL-012	Executive Order 2020-30 (COVID-19 Executive Order No. 28)	Governor JB Pritzker	Apr. 23, 2020	Governor JB Pritzker, Executive Order 2020-30 (COVID-19 Executive Order No. 28) (Apr. 23, 2020) (Ex. IL-012)	/library/IL-012	/exhibit/IL-012
Ex. IL-013	Executive Order 2020-32 (COVID-19 Executive Order No. 30)	Governor JB Pritzker	Apr. 30, 2020	Governor JB Pritzker, Executive Order 2020-32 (COVID-19 Executive Order No. 30) (Apr. 30, 2020) (Ex. IL-013)	/library/IL-013	/exhibit/IL-013
Ex. IL-016	Executive Order 2020-38 (COVID-19 Executive Order No. 36)	Governor JB Pritzker	May 29, 2020	Governor JB Pritzker, Executive Order 2020-38 (COVID-19 Executive Order No. 36) (May 29, 2020) (Ex. IL-016)	/library/IL-016	/exhibit/IL-016
Ex. IL-017	Executive Order 2020-40 (COVID-19 Executive Order No. 38)	Governor JB Pritzker	June 4, 2020	Governor JB Pritzker, Executive Order 2020-40 (COVID-19 Executive Order No. 38) (June 4, 2020) (Ex. IL-017)	/library/IL-017	/exhibit/IL-017
Ex. IL-019	Executive Order 2020-43 (COVID-19 Executive Order No. 41)	Governor JB Pritzker	June 26, 2020	Governor JB Pritzker, Executive Order 2020-43 (COVID-19 Executive Order No. 41) (June 26, 2020) (Ex. IL-019)	/library/IL-019	/exhibit/IL-019
Ex. IL-020	Executive Order 2020-47 (COVID-19 Executive Order No. 44)	Governor JB Pritzker	July 24, 2020	Governor JB Pritzker, Executive Order 2020-47 (COVID-19 Executive Order No. 44) (July 24, 2020) (Ex. IL-020)	/library/IL-020	/exhibit/IL-020
Ex. IL-034	Executive Order 2021-03 (COVID-19 Executive Order No. 73)	Governor JB Pritzker	Jan. 19, 2021	Governor JB Pritzker, Executive Order 2021-03 (COVID-19 Executive Order No. 73) (Jan. 19, 2021) (Ex. IL-034)	/library/IL-034	/exhibit/IL-034
Ex. IL-037	Executive Order 2021-12 (COVID-19 Executive Order No. 81)	Governor JB Pritzker	June 11, 2021	Governor JB Pritzker, Executive Order 2021-12 (COVID-19 Executive Order No. 81) (June 11, 2021) (Ex. IL-037)	/library/IL-037	/exhibit/IL-037
Ex. IL-038	Executive Order 2021-13 (COVID-19 Executive Order No. 82)	Governor JB Pritzker	June 11, 2021	Governor JB Pritzker, Executive Order 2021-13 (COVID-19 Executive Order No. 82) (June 11, 2021) (Ex. IL-038)	/library/IL-038	/exhibit/IL-038
Ex. IL-039	Executive Order 2021-15 (COVID-19 Executive Order No. 84)	Governor JB Pritzker	July 23, 2021	Governor JB Pritzker, Executive Order 2021-15 (COVID-19 Executive Order No. 84) (July 23, 2021) (Ex. IL-039)	/library/IL-039	/exhibit/IL-039
Ex. IL-040	Executive Order 2021-18 (COVID-19 Executive Order No. 85)	Governor JB Pritzker	Aug. 4, 2021	Governor JB Pritzker, Executive Order 2021-18 (COVID-19 Executive Order No. 85) (Aug. 4, 2021) (Ex. IL-040)	/library/IL-040	/exhibit/IL-040
Ex. IL-041	Executive Order 2021-19 (COVID-19 Executive Order No. 86)	Governor JB Pritzker	Aug. 20, 2021	Governor JB Pritzker, Executive Order 2021-19 (COVID-19 Executive Order No. 86) (Aug. 20, 2021) (Ex. IL-041)	/library/IL-041	/exhibit/IL-041
Ex. IL-042	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. IL-042)	/library/IL-042	/exhibit/IL-042
Ex. IL-043	Executive Order 2021-22 (COVID-19 Executive Order No. 88)	Governor JB Pritzker	Sept. 3, 2021	Governor JB Pritzker, Executive Order 2021-22 (COVID-19 Executive Order No. 88) (Sept. 3, 2021) (Ex. IL-043)	/library/IL-043	/exhibit/IL-043
Ex. IL-044	Executive Order 2021-23 (COVID-19 Executive Order No. 89)	Governor JB Pritzker	Sept. 17, 2021	Governor JB Pritzker, Executive Order 2021-23 (COVID-19 Executive Order No. 89) (Sept. 17, 2021) (Ex. IL-044)	/library/IL-044	/exhibit/IL-044
Ex. IL-045	Executive Order 2021-24 (COVID-19 Executive Order No. 90)	Governor JB Pritzker	Sept. 17, 2021	Governor JB Pritzker, Executive Order 2021-24 (COVID-19 Executive Order No. 90) (Sept. 17, 2021) (Ex. IL-045)	/library/IL-045	/exhibit/IL-045
Ex. IL-046	Gubernatorial Disaster Proclamation (COVID-19), renewal of September 17, 2021	Governor JB Pritzker	Sept. 17, 2021	Governor JB Pritzker, Gubernatorial Disaster Proclamation (COVID-19), renewal of September 17, 2021 (Sept. 17, 2021) (Ex. IL-046)	/library/IL-046	/exhibit/IL-046
Ex. IL-047	Gubernatorial Disaster Proclamation (COVID-19), renewal of June 25, 2021	Governor JB Pritzker	June 25, 2021	Governor JB Pritzker, Gubernatorial Disaster Proclamation (COVID-19), renewal of June 25, 2021 (Ex. IL-047)	/library/IL-047	/exhibit/IL-047
Ex. IL-067	M.R. 30370, In re: Illinois Courts Response to COVID-19 Emergency / Residential Eviction Proceedings (amended order of April 6, 2021, amending the orders of…	Supreme Court of Illinois	Apr. 6, 2021	Supreme Court of Illinois, M.R. 30370, In re: Illinois Courts Response to COVID-19 Emergency / Residential Eviction Proceedings (amended order of April 6, 2021, amending the orders of Dec. 22, 2020 and Feb. 23, 2021) (Apr. 6, 2021) (Ex. IL-067)	/library/IL-067	/exhibit/IL-067
Ex. IL-068	Executive Order 2020-09 (COVID-19 Executive Order No. 7)	Governor JB Pritzker	Mar. 19, 2020	Governor JB Pritzker, Executive Order 2020-09 (COVID-19 Executive Order No. 7) (Mar. 19, 2020) (Ex. IL-068)	/library/IL-068	/exhibit/IL-068
Ex. IL-071	Executive Order 2021-14 (COVID-19 Executive Order No. 83)	Governor JB Pritzker	June 25, 2021	Governor JB Pritzker, Executive Order 2021-14 (COVID-19 Executive Order No. 83) (June 25, 2021) (Ex. IL-071)	/library/IL-071	/exhibit/IL-071
Ex. IL-072	Executive Order 2021-25 (COVID-19 Executive Order No. 91)	Governor JB Pritzker	Sept. 21, 2021	Governor JB Pritzker, Executive Order 2021-25 (COVID-19 Executive Order No. 91) (Sept. 21, 2021) (Ex. IL-072)	/library/IL-072	/exhibit/IL-072
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. 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

8. 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?state=IL&quarters=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.