Eligibility report

Governmental Orders Record and Eligibility Analysis

Maryland

2021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 221 instruments cited; 219 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=MD&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 Maryland 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=MD&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)

Maryland, first day (July 1, 2021): July 1, 2021: the state of emergency and catastrophic health emergency in force to Aug. 15, 2021; the fourteen grace-period orders (nursing homes 20-04-29-01; health care matters 21-03-09-02; evictions and foreclosures 20-12-17-02; alternate care sites; vaccine reporting; remote notarization and witnessing; MIA video hearings; licenses and time frames; MVA licenses; Comptroller and nursing license extensions) (MD-031, MD-073); MDH 2021-06-15-03 hospital surge and testing order and MDH 2021-06-15-04 nursing home order (MD-055, MD-056); Judiciary Phase V order effective June 1, 2021 (MD-089); MDH Notice of July 1, 2021 recommending face coverings and reciting that the federal transit mask order and OSHA Healthcare ETS remain in effect (MD-094).

Maryland, last day (Sept. 30, 2021): Sept. 30, 2021: MDH 2021-06-15-03 (hospital surge and testing) (MD-055); MDH 2021-09-08-02 nursing home order (screening of all entrants, staff testing per CMS, weekly reporting, visitation, resident vaccination) (MD-061); MDH 2021-09-08-01 vaccination order (proof of first dose by Sept. 1, 2021 or weekly testing and PPE for all staff of hospitals, nursing homes, State congregate facilities and assisted living programs) (MD-060, MD-058, MD-057); Judiciary Phase V with mandatory courthouse masking in every jurisdiction at CDC substantial or high transmission (all 24 by Aug. 19, 2021) and vaccination-or-weekly-testing for Judiciary personnel from Sept. 27, 2021 (MD-090, MD-091, MD-092); local mask orders in the Washington suburbs and Baltimore (metro files).

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 Maryland	24	24
Agencies, boards and authorities	7	7
Standing duties	46	46
All layers	244	244

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 Maryland

Ex. MD-001

Proclamation: Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19

Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19

Governor Lawrence J. Hogan, Jr., Maryland (State)

Dates: In force from Mar. 5, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for all functions
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19... an outbreak of disease ("COVID-19") caused by the novel coronavirus... the novel coronavirus, as a viral agent capable of causing extensive loss of life or serious disability, is a deadly agent (scanned two-page proclamation; predicate for every order below)

Enforcement: Predicate only; each order issued under it carries Pub. Safety 14-114(d): misdemeanor, imprisonment up to one year or fine up to $5,000 or both

Citation: Governor Lawrence J. Hogan, Jr, Proclamation: Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19 (Mar. 5, 2020) (Ex. MD-001) Open the exhibit

Ex. MD-098

Order of the Governor (Mar. 12, 2020) Extending Certain Licenses, Permits, Registrations

Extending Certain Licenses, Permits, Registrations, and Other Governmental Authorizations, and Authorizing Suspension of Legal Time Requirements

Governor Lawrence J. Hogan, Jr., Maryland (State)

Dates: In force from Mar. 12, 2020 to June 19, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: DM MVA titles, registrations and licenses; HR occupational licensing deadlines; PM permits and inspections
Grade: Primary source read
Days in this quarter: 0

Extending Certain Licenses, Permits, Registrations, and Other Governmental Authorizations, and Authorizing Suspension of Legal Time Requirements [extending expirations of licenses, permits and registrations that would expire during the emergency and authorizing agencies to suspend legal deadlines]

Enforcement: Order under Title 14

Citation: Governor Lawrence J. Hogan, Jr, Order of the Governor (Mar. 12, 2020) Extending Certain Licenses, Permits, Registrations (Ex. MD-098) Open the exhibit

Ex. MD-038

Order of the Governor (Mar. 16, 2020), Temporarily Prohibiting Evictions of Tenants Suffering Substantial Loss of Income Due to COVID-19

Temporarily Prohibiting Evictions of Tenants Suffering Substantial Loss of Income Due to COVID-19

Governor Lawrence J. Hogan, Jr., Maryland (State)

Dates: In force from Mar. 16, 2020 to Apr. 3, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management; SV servicing and collections; CL closings (foreclosure initiation from Dec. 17, 2020); CM commercial leasing (commercial evictions barred from Dec. 17, 2020)
Grade: Primary source read
Days in this quarter: 0

I. Until the state of emergency is terminated and the catastrophic health emergency is rescinded, the effect of Section 8-401 of the Real Property Article of the Maryland Code is hereby suspended as follows: a. No court shall give any judgment for possession or repossession, or warrant for restitution of possession or repossession of residential real property, if the tenant can demonstrate to the court, through documentation or other objectively verifiable means, that the tenant suffered a substantial loss of income resulting from COVID-19 or the related proclamation of a state of emergency and catastrophic health emergency, including, without limitation, due to job loss, reduction in compensated hours of work, closure of place of employment, or the need to miss work to care for a home-bound school-age child. II. [same for Section 8-402.1]

Enforcement: Suspension of statute; courts bound

Citation: Governor Lawrence J. Hogan, Jr, Order of the Governor (Mar. 16, 2020), Temporarily Prohibiting Evictions of Tenants Suffering Substantial Loss of Income Due to COVID-19 (Ex. MD-038) Open the exhibit

Ex. MD-041

MDH Directive and Order (Mar. 27, 2020) Amending and Restating the Directive and Order of March 21, 2020 Regarding Designation of Health Officers to Issue Quarantine and Isolation Directives and Orders

Amending and Restating the Directive and Order of March 21st, 2020 Regarding Designation of Health Officers to Issue Quarantine and Isolation Directives and Orders

Robert R. Neall, Secretary of Health, Maryland (Sector regulator)

Dates: In force from Mar. 27, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Quarantine and isolation
Functions reached: WF workforce quarantine and isolation of exposed and infected employees; HR
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I, Robert R. Neall, Secretary of Health, hereby authorize the Baltimore City Commissioner of Health and the local health officers for each of the twenty-three counties in the State of Maryland to issue, as my designee, quarantine and isolation orders for the prevention and control of 2019 Novel Coronavirus ("SARS-CoV-2") and the disease that it causes -- Coronavirus Disease 2019 ("COVID-19").

Enforcement: Health-Gen. 18-905 to 18-907 (isolation and quarantine orders; violation a misdemeanor)

Citation: Robert R. Neall, Secretary of Health, MDH Directive and Order (Mar. 27, 2020) Amending and Restating the Directive and Order of March 21, 2020 Regarding Designation of Health Officers to Issue Quarantine and Isolation Directives and Orders (Ex. MD-041) Open the exhibit

Ex. MD-043

Order of the Governor No. 20-04-29-01, Amending and Restating the Order Dated April 5, 2020 Authorizing Various Actions Related to Nursing Homes and Other Health Care Facilities

Amending and Restating the Order Dated April 5, 2020 Authorizing Various Actions Related to Nursing Homes and Other Health Care Facilities

Governor Lawrence J. Hogan, Jr., Maryland (State)

Dates: In force from Apr. 29, 2020 to Aug. 15, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: RS; IC; VS; HR; SC
Grade: Primary source read
Days in this quarter: 46 (in force on the first day)

Amending and Restating the Order Dated April 5, 2020 Authorizing Various Actions Related to Nursing Homes and Other Health Care Facilities [authorizing the Secretary to require universal testing of residents and staff, screening, PPE, cohorting, strike teams and reporting; the basis for every MDH nursing home directive through Sept. 8, 2021]

Enforcement: Order under Title 14; MDH directives enforceable under Health-Gen. 18-907 and Pub. Safety 14-3A-06

Citation: Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-04-29-01, Amending and Restating the Order Dated April 5, 2020 Authorizing Various Actions Related to Nursing Homes and Other Health Care Facilities (Apr. 29, 2020) (Ex. MD-043) Open the exhibit

Ex. MD-027

Order of the Governor No. 21-03-09-02, Amending and Restating the Order of March 16, 2020 Relating to Various Health Care Matters

Amending and Restating the Order of March 16, 2020 Relating to Various Health Care Matters

Governor Lawrence J. Hogan, Jr., Maryland (State)

Dates: In force from Mar. 9, 2021 to Aug. 15, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: SX elective procedures (Secretary's control); HR licensure and credentialing; IP surge and resource control; DN adult day care
Grade: Primary source read
Days in this quarter: 46 (in force on the first day)

II. Establishment of Health Facilities... III. Resource Control. The Secretary is ordered to establish and [control health care resources]... IV. Health Care Licenses - Interstate Reciprocity... V. Inactive Practitioners... VI. Expanded Scope of Practice for Health Care Practitioners... VII. Activation of Maryland Responds Medical Reserve Corps... VIII. Elective Medical Procedures. The Secretary is authorized and ordered to [regulate health care] facilities for the performance of elective medical procedures... X. Closure of Adult Day Care Centers. Effective at 5:00 p.m. on [date in text]...

Enforcement: Order of the Governor under Title 14; violations of Secretary's directives under Health-Gen. 18-907 and Pub. Safety 14-3A-06

Citation: Governor Lawrence J. Hogan, Jr, Order of the Governor No. 21-03-09-02, Amending and Restating the Order of March 16, 2020 Relating to Various Health Care Matters (Mar. 9, 2021) (Ex. MD-027) Open the exhibit

Ex. MD-089

Second Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency (May 24, 2021, effective June 1, 2021): Phase V with continuing health measures

Second Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency

Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland, Maryland (Court)

Dates: In force from June 1, 2021 to Aug. 6, 2021 (issued May 24, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT; CL; PJ
Grade: Primary source read
Days in this quarter: 37 (in force on the first day)

WHEREAS, Ongoing vaccination efforts coupled with falling infection rates have prompted the CDC to issue relaxed health protocols for those who are fully vaccinated against COVID-19, allowing for the progression to more robust levels of operations, NOW, THEREFORE... do hereby order this 24th day of May 2021, effective June 1, 2021, as follows: (a) Should the CDC or MDH protocols require a return to restricted emergency operations during the COVID-19 emergency, a progressive, phased return to full operations... shall be the policy of the Maryland Judiciary, consistent with the measures taken since March 12, 2020; and (b) Emergency operations consist of five phases, each progressive phase representing an increase in the level of operation within court locations...

Enforcement: Administrative order

Citation: Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland, Second Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency (May 24, 2021, effective June 1, 2021): Phase V with continuing health measures (Ex. MD-089) Open the exhibit

Ex. MD-071

Proclamation: Renewal of Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19 (June 12, 2021 renewal; the last renewal retrieved)

Renewal of Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19

Governor Lawrence J. Hogan, Jr., Maryland (State)

Dates: In force from June 12, 2021 to Aug. 15, 2021
Quarters: 2021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 46 (in force on the first day)

WHEREAS,... there have been more than 460,000 laboratory-confirmed positive COVID-19 cases and more than 9,400 related deaths in Maryland...; WHEREAS, the proclamation declaring the emergencies was renewed on March 17, 2020, April 10, 2020, May 6, 2020, June 3, 2020, July 1, 2020, July 30, 2020, August 10, 2020, September 8, 2020, October 6, 2020, October 29, 2020, November 25, 2020, December 23, 2020, January 21, 2021, February 19, 2021, March 18, 2021, April 16, 2021, and May 12, 2021; WHEREAS, the spread of COVID-19 and variants in the state continues to pose an immediate threat to all Marylanders of extensive loss of life or serious disability; WHEREAS, the emergency conditions, state of emergency, and catastrophic health emergency continue to exist

Enforcement: Predicate

Citation: Governor Lawrence J. Hogan, Jr, Proclamation: Renewal of Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19 (June 12, 2021 renewal; the last renewal retrieved) (Ex. MD-071) Open the exhibit

Ex. MD-031

Order 21-06-15-01 Terminating Various Emergency Orders (June 15, 2021)

Terminating Various Emergency Orders

Governor Lawrence J. Hogan, Jr., Maryland (State)

Dates: In force from June 15, 2021 to Aug. 15, 2021
Quarters: 2021 Q22021 Q3
Limitations: Emergency declarationFace-covering requirementTravel and quarantineSchools and child careHealth care ordersAlcohol and barsCourts and public officesOther
Functions reached: all functions: fixes the end dates of every Maryland emergency order
Grade: Primary source read
Days in this quarter: 46 (in force on the first day)

I. Termination of Certain Orders, Effective July 1, 2021. Each of the orders listed below in this section I shall be rescinded and of no further effect as of 12:01 a.m. on July 1, 2021: a.... number 21-05-14-01, entitled "Amending and Restating the Order of May 12, 2021, Requiring Use of Face Coverings in Certain Circumstances"; b. the Order... dated March 12, 2020, entitled "For the Implementation of Elevated Level II of Pandemic Flu and Other Infectious Dieases Attendance and Leave Policy for Executive Branch State Employees"; c.... number 20-12-17-01, entitled "Authorizing Quarantine and/or Testing of Travelers"; d.... number 21-05-12-02, entitled "Amending and Restating Order No. 20-05-29-01, Enabling Alternative Alcohol Services"; e.... 20-06-11-01... "Authorizing Suspension of Alcoholic Beverage License Fees"; f.... 20-04-01-01... Telehealth Services; g.... 20-04-14-01...…

Enforcement: n/a (termination instrument); III.a. This Order remains effective until after termination of the state of emergency

Citation: Governor Lawrence J. Hogan, Jr, Order 21-06-15-01 Terminating Various Emergency Orders (June 15, 2021) (Ex. MD-031) Open the exhibit

Ex. MD-055

MDH Amended Directive and Order Regarding Various Healthcare Matters, No. MDH 2021-06-15-03 (testing and reporting; hospital surge capacity; in force to Dec. 31, 2021)

Amended Directive and Order Regarding Various Healthcare Matters

Dennis R. Schrader, Secretary of Health, Maryland (Sector regulator)

Dates: In force from June 15, 2021 to Dec. 31, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersSupply chain
Functions reached: IP surge capacity; SX elective scheduling under surge; DX laboratories and reporting; IC
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

A. All licensed acute care hospitals ("hospitals") shall provide to MDH their [surge plans and make] efforts to add staffed bed capacity equal to ten percent (10%) of that [hospital's licensed capacity, and when directed] make available additional staffed capacity equivalent to at least 10%...; iii. Any additional staffed bed capacity that is created shall be prioritized [for COVID-19 patients over] non-urgent and elective procedures and surgeries... Note: Hospitals should strongly consider rescheduling elective and [non-urgent procedures during surge]... With respect to all patient transfers, all reasonable efforts shall be [made]... 1. Testing... 4. Other Testing Items: [any provider offering] community COVID-19 testing shall make that testing available to any person presenting at the testing site without regard to that person's race, color, religion, sex, age, national [origin]... 8.…

Enforcement: Health-Gen. 18-907; Pub. Safety 14-3A-06

Citation: Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Various Healthcare Matters, No. MDH 2021-06-15-03 (testing and reporting; hospital surge capacity; in force to Dec. 31, 2021) (Ex. MD-055) Open the exhibit

Ex. MD-056

MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-06-15-04

Amended Directive and Order Regarding Nursing Home Matters

Dennis R. Schrader, Secretary of Health, Maryland (Sector regulator)

Dates: In force from June 15, 2021 to Aug. 18, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: RS admissions and screening; IC staff testing; VS visitation; HR vendors and volunteers; SC laboratory contracts
Grade: Primary source read
Days in this quarter: 49 (in force on the first day)

B. Facilities shall screen and admit all persons who enter the facility (e.g., staff, volunteers, vendors, and visitors) in accordance with the Centers for Medicare and [Medicaid Services guidance]... iii. Provide the plan, as well as any revisions to the plan, and regular weekly [updates]... v. On a weekly basis, the number of staff and residents that are fully vaccinated; 4. Testing: A. Facilities shall follow all testing requirements as set out by CMS (Ref. QSO-20-38-[NH]) i. Each facility shall be responsible for making appropriate contractual and financial arrangements for the testing of these staff, volunteers, and vendors. ii. Each facility shall establish and maintain COVID-19 testing arrangements with laboratories for PCR Assay-based testing. iii. As directed by MDH, a facility shall perform additional COVID-19 testing or permit COVID-19 testing to be administered on residents…

Enforcement: Health-Gen. 18-907; Pub. Safety 14-3A-06; licensure

Citation: Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-06-15-04 (Ex. MD-056) Open the exhibit

Ex. MD-073

COVID-19 Transition Plan (June 15, 2021): Emergency Orders Terminated on July 1; Orders in Effect During 45-Day Administrative Grace Period

6.15 COVID Transition Plan

Office of the Governor, Maryland (State)

Dates: In force from June 15, 2021 to Aug. 15, 2021
Quarters: 2021 Q22021 Q3
Limitations: Emergency declarationOther
Functions reached: inventory of what remained in force July 1-Aug. 15, 2021
Grade: Primary source read
Days in this quarter: 46 (in force on the first day)

Emergency Orders Terminated on July 1: Masking / Delegation to Secretary of Health 21-05-14-01; State Employees - Elevated Level II (Addressed by legislation effective 7/1/21); Quarantine and Testing of Travelers (Addressed by legislation effective 7/1/21) 20-12-17-01; Alcoholic Beverage Delivery, etc. (Addressed by legislation effective 7/1/21) 20-05-12-02; Liquor License Fee Flexibility 20-06-11-01; Telehealth Services 20-04-01-01;... Child Care - Essential Personnel 20-03-25-01... Orders in Effect During 45-Day Administrative Grace Period: MVA - Driver's License Extension 21-05-13-01; National Guard Activation (Addressed by legislation effective 10/1/21); Nursing Home Oversight 20-04-29-01; COVID Testing by Pharmacists 20-05-19-01; Alternate Care Sites 20-11-17-02; Vaccine Administration Reporting 21-01-05-01; Health Care Workforce Flexibility 21-03-09-02; Children's Health Program…

Enforcement: n/a

Citation: Office of the Governor, COVID-19 Transition Plan (June 15, 2021): Emergency Orders Terminated on July 1; Orders in Effect During 45-Day Administrative Grace Period (Ex. MD-073) Open the exhibit

Ex. MD-076

Governor's release (June 15, 2021): Governor Hogan Announces End of COVID-19 State of Emergency; Emergency Mandates and Restrictions to End July 1, Followed By 45-Day Administrative Grace Period

Governor Hogan Announces End of COVID-19 State of Emergency

Office of Governor Larry Hogan (press release), Maryland (State)

Dates: In force from June 15, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: context for the end-of-restrictions date
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

The COVID-19 state of emergency will end in two phases: EMERGENCY MANDATES AND RESTRICTIONS END ON JULY 1. All emergency mandates and restrictions will be terminated as of July 1. There will no longer be any statewide mask order in [effect]... 45-DAY ADMINISTRATIVE GRACE PERIOD THROUGH AUGUST 15. Thursday, July 1 will mark the beginning of a 45-day grace period, where certain regulations will continue to be relaxed to [allow]... winding down emergency health operations, and the moratorium on evictions related to COVID-19.

Enforcement: n/a

Citation: Office of Governor Larry Hogan (press release), Governor's release (June 15, 2021): Governor Hogan Announces End of COVID-19 State of Emergency; Emergency Mandates and Restrictions to End July 1, Followed By 45-Day Administrative Grace Period (Ex. MD-076) Open the exhibit

Ex. MD-094

MDH Notice - Face Covering Recommendation (Effective July 1, 2021)

Notice - Face Covering Recommendation (Effective July 1, 2021)

Dennis R. Schrader, Secretary of Health, Maryland (Sector regulator)

Dates: In force from July 1, 2021 to Sept. 30, 2021 (issued June 30, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementOther
Functions reached: WF transit and school bus masks (federal); IC health care settings (OSHA ETS); EC
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The Maryland Department of Health (MDH) strongly recommends, but does not require, that all individuals who are not fully vaccinated continue to wear face coverings in all indoor settings outside of their home and in outdoor settings when physical distancing cannot be maintained. All Marylanders should be aware that the federal order that face masks be worn by all people while on public transportation conveyances, including public and private school buses, and at transportation hubs, is still in effect. Each childcare facility, youth camp, local school system and authority may set their own policies regarding masks and face coverings.... Employers should refer to the U.S. Occupational Safety and Health Administration's Emergency Temporary Standard (ETS) for healthcare below to determine whether and how your workplace is covered... All licensed healthcare providers and healthcare…

Enforcement: Recommendation; the CDC conveyance order (86 Fed. Reg. 8025) and OSHA ETS (29 C.F.R. 1910.502) it recites are enforceable federal instruments

Citation: Dennis R. Schrader, Secretary of Health, MDH Notice - Face Covering Recommendation (Effective July 1, 2021) (June 30, 2021) (Ex. MD-094) Open the exhibit

Ex. MD-093

K-12 School and Childcare COVID-19 Guidance (Revised July 23, 2021)

Maryland Department of Health and Maryland State Department of Education, Maryland (Sector regulator)

Dates: In force from July 23, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careQuarantine and isolation
Functions reached: IN instruction; EC child care; TR school buses; WF quarantine of exposed children and parents
Grade: Primary source read
Days in this quarter: 70 (in force on the last day)

Each local school system, nonpublic school, and child care program may set their own policies and procedures for their schools, students/children, teachers and staff. However, MDH/MSDE strongly recommend that these entities follow the recommendations in this notice... A. Masks and Face Coverings. MDH/MSDE strongly recommend, but do not require, that all individuals who are not fully vaccinated continue to wear face coverings in all indoor settings outside [of their home]... Schools and child care programs should be aware that the federal order that face masks be worn by all people while on public [transportation conveyances, including school buses, is still in effect]... F. Contact Tracing in Combination with Isolation and Quarantine... [close] contacts should quarantine

Enforcement: Guidance; the federal transit order it recites is binding under 42 U.S.C. 264

Citation: Maryland Department of Health and Maryland State Department of Education, K-12 School and Childcare COVID-19 Guidance (Revised July 23, 2021) (Ex. MD-093) Open the exhibit

Ex. MD-057

MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-08-05-01 (State congregate facilities: proof of first dose by Sept. 1, 2021 or weekly testing and PPE)

Amended Directive and Order Regarding Vaccination Matters

Dennis R. Schrader, Secretary of Health, Maryland (Sector regulator)

Dates: In force from Aug. 5, 2021 to Aug. 18, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR PL staffing and contractor placements at State facilities; WF vaccination status; IC
Grade: Primary source read
Days in this quarter: 14

5.A. Vaccine Requirement: All staff of the facilities listed in paragraph 5B are required to show proof of first dose or single dose of COVID-19 vaccination by Wednesday, September 1, 2021. Staff includes, but is not limited to, regular and contractual employees, contractual staff, volunteers, and other state employees performing any duties at the facility. All staff are required to complete the full shot regimen, including any booster shot, as clinically indicated in order to satisfy this requirement. 5.B. Facilities: i. All residential facilities operated by the Maryland Department of Health or any local health department; ii. All state correctional facilities...; iii. All state facilities operated by the Department of Juvenile Services...; iv. The Home maintained by the Department of Veterans Affairs...; and v. Other state congregant living facilities as identified by the Secretary of…

Enforcement: Health-Gen. 18-907; Pub. Safety 14-3A-06; disciplinary action

Citation: Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-08-05-01 (State congregate facilities: proof of first dose by Sept. 1, 2021 or weekly testing and PPE) (Ex. MD-057) Open the exhibit

Ex. MD-090

Third Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency (Aug. 6, 2021, effective Aug. 9, 2021)

Third Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency

Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland, Maryland (Court)

Dates: In force from Aug. 9, 2021 to Dec. 27, 2021 (issued Aug. 6, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementCourts and public offices
Functions reached: CT courts in Q3 2021 (emergency operations continuing); PJ
Grade: Primary source read
Days in this quarter: 53 (in force on the last day)

WHEREAS, Although vaccination efforts have made significant progress and infection rates have fallen, the emergence of the highly contagious Delta variant and the attendant risk posed to those who are vaccinated and those who have not completed the vaccination process require the return to health measures that have been proven effective in reducing the likelihood of infection and will allow the continuation of emergency court operations in Phase V, NOW, THEREFORE... do hereby order this 6th day of August 2021, effective August 9, 2021, as follows: (a) Should the CDC or MDH protocols require a return to restricted emergency operations during the COVID-19 emergency, a progressive, phased return to full operations by the courts... shall be the policy of the Maryland Judiciary, consistent with the measures taken since March 12, 2020; and (b) Emergency operations consist of five phases... it…

Enforcement: Administrative order

Citation: Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland, Third Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency (Aug. 6, 2021, effective Aug. 9, 2021) (Ex. MD-090) Open the exhibit

Ex. MD-091

Ninth Administrative Order Clarifying COVID-19 Health Measures in Courthouses and Judicial Branch Facilities (Aug. 6, 2021, effective Aug. 9, 2021): masks in courthouses in substantial or high transmission jurisdictions

Ninth Administrative Order Clarifying COVID-19 Health Measures in Courthouses and Judicial Branch Facilities

Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland, Maryland (Court)

Dates: In force from Aug. 9, 2021 to Sept. 30, 2021 (issued Aug. 6, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementCourts and public offices
Functions reached: CT every courthouse visit (attorneys, litigants, title and process servers); PJ
Grade: Primary source read
Days in this quarter: 53 (in force on the last day)

(a) The wearing of face masks is voluntary for judges, Judiciary personnel, and any other persons who have completed the vaccination process, except that, consistent with the CDC guidelines, in the event any county or Baltimore City reaches or has reached the transmission status of "substantial" or "high" on any day after Friday, August 6, 2021, all individuals entering a state courthouse or judicial facility in that jurisdiction shall wear face masks indoors regardless of vaccination status or other related health measures until such time that the county or Baltimore City has achieved a transmission status of "moderate" or "low," per the CDC transmission status map, for fourteen consecutive calendar days; and (b) During CDC "substantial" and "high" transmission status periods... all judges, Judiciary personnel, and any other persons over the age of two (2) years shall wear masks in all…

Enforcement: (j) removal from the courthouse and disciplinary action

Citation: Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland, Ninth Administrative Order Clarifying COVID-19 Health Measures in Courthouses and Judicial Branch Facilities (Aug. 6, 2021, effective Aug. 9, 2021): masks in courthouses in substantial or high transmission jurisdictions (Ex. MD-091) Open the exhibit

Ex. MD-058

MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-08-18-01 (all hospital and nursing home staff: proof of first dose by Sept. 1, 2021)

Amended Directive and Order Regarding Vaccination Matters

Dennis R. Schrader, Secretary of Health, Maryland (Sector regulator)

Dates: In force from Aug. 18, 2021 to Sept. 8, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR every hospital and nursing home employee, contractor and volunteer; IC staff vaccination and testing; PL staffing agency placements; WF
Grade: Primary source read
Days in this quarter: 22

5.E. Other Facilities Subject to Proof of Vaccine Requirement. i. All staff of the facilities listed below are required to show proof of first dose or single dose of COVID-19 vaccination by Wednesday, September 1, 2021. Staff includes, but is not limited to, regular and contractual employees, contractual staff, volunteers, and other employees performing any duties at the facility. All staff are required to complete the full shot regimen, including any booster shot, as clinically indicated in order to satisfy this requirement. a. Nursing Homes licensed under Title 19, subtitles 3 and 14 of the Health-General Article and COMAR 10.07.02; and b. Hospitals as defined in Section 19-301 of the Health-General Article. ii. Each facility covered by this paragraph shall develop its own procedures to handle failure to comply with the requirements of paragraph 5.E.i., which procedures cannot be less…

Enforcement: 6. 'administrative and criminal sanctions'; Health-Gen. 18-907; Pub. Safety 14-3A-06

Citation: Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-08-18-01 (all hospital and nursing home staff: proof of first dose by Sept. 1, 2021) (Ex. MD-058) Open the exhibit

Ex. MD-059

MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-08-18-02

Amended Directive and Order Regarding Nursing Home Matters

Dennis R. Schrader, Secretary of Health, Maryland (Sector regulator)

Dates: In force from Aug. 18, 2021 to Sept. 8, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: RS; IC; VS; HR; SC
Grade: Primary source read
Days in this quarter: 22

This Amended Directive and Order replaces and supersedes the Directives and Orders Regarding Nursing Home Matters, dated June 15, May 04, February 11, 2021, December 8, [2020...] B. Facilities shall screen and admit all persons who enter the facility (e.g., staff, volunteers, vendors, and visitors) in accordance with the Centers for Medicare and [Medicaid Services guidance]... 4. Testing: Facilities shall follow all testing requirements as set out by CMS (Ref. QSO-20-38-[NH])... Note: Individuals that refuse testing may be required to go to and remain in places of [isolation or quarantine]... 8. Visitation [per CMS QSO-20-39-NH]; Note: All nursing homes are encouraged to request that visitors show proof of vaccination and to adopt visitation policies allowing fully vaccinated visitors access... 9. Vaccinations... 11. Termination: These Directives and Orders shall cease to have effect and…

Enforcement: Health-Gen. 18-907; Pub. Safety 14-3A-06; licensure

Citation: Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-08-18-02 (Ex. MD-059) Open the exhibit

Ex. MD-092

Administrative Order on COVID-19 Vaccination Requirements for Judiciary Personnel in Courthouses and Judicial Branch Facilities (Aug. 20, 2021)

Administrative Order on COVID-19 Vaccination Requirements for Judiciary Personnel in Courthouses and Judicial Branch Facilities

Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland, Maryland (Court)

Dates: In force from Aug. 20, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Courts and public officesWorkplace rulesVaccination or testing
Functions reached: HR contractual staff of the Judiciary; CT; WF
Grade: Primary source read
Days in this quarter: 42 (in force on the last day)

WHEREAS,... the emergence of the highly contagious Delta variant has caused rapid increases in infection transmission rates, particularly among the unvaccinated, with all Maryland counties and Baltimore City reporting transmission rates, as defined by the CDC, of "substantial" or "high" as of August 19, 2021;... (a) All Judiciary personnel, including, but not limited to, judges, magistrates, clerks, administrative and contractual staff, and interns, whether compensated by the State or by a local jurisdiction, who have received vaccinations as required by the COVID-19 vaccination protocols, shall provide proof of vaccination by September 27, 2021...; and (b) Beginning September 27, 2021, until such time that a proof of vaccination is submitted, all Judiciary personnel who have not received the required number of vaccination doses, regardless of the reason for their unvaccinated status…

Enforcement: Administrative order; denial of entry to Judiciary facilities without weekly negative test

Citation: Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland, Administrative Order on COVID-19 Vaccination Requirements for Judiciary Personnel in Courthouses and Judicial Branch Facilities (Aug. 20, 2021) (Ex. MD-092) Open the exhibit

Ex. MD-077

Governor's release (Aug. 5, 2021): Governor Hogan Announces New Vaccination Protocols for State Employees

Governor Hogan Announces New Vaccination Protocols for State Employees

Office of Governor Larry Hogan (press release), Maryland (State)

Dates: In force from Sept. 1, 2021 to Sept. 30, 2021 (issued Aug. 5, 2021)
Quarters: 2021 Q3
Limitations: Vaccination or testing
Functions reached: context for MD-057 and MD-058
Grade: Confirmed from a secondary source
Days in this quarter: 30 (in force on the last day)

Effective September 1, employees in 48 state facilities will be required to show proof of vaccination, or adhere to strict face covering requirements and submit to regular, ongoing COVID-19 testing.... State employees in these facilities will need to receive their first dose of a COVID-19 vaccine by September 1.... Nursing Homes Strongly Encouraged to Institute Vaccination Requirements. Governor Hogan called on the private operators of the state's nursing homes to institute similar vaccination requirements for their employees. If nursing home operators do not act, state health [officials will]... Mask Guidance. The Maryland Department of Health (MDH) continues to strongly recommend that unvaccinated individuals wear a face [covering]

Enforcement: n/a

Citation: Office of Governor Larry Hogan (press release), Governor's release (Aug. 5, 2021): Governor Hogan Announces New Vaccination Protocols for State Employees (Ex. MD-077) Open the exhibit

Ex. MD-060

MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-09-08-01 (adds section 6, Certain Residential Facilities: assisted living programs and others)

Amended Directive and Order Regarding Vaccination Matters

Dennis R. Schrader, Secretary of Health, Maryland (Sector regulator)

Dates: In force from Sept. 8, 2021 to Dec. 15, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR; IC; RS assisted living staff; WF
Grade: Primary source read
Days in this quarter: 23 (in force on the last day)

5. Facilities that Require Proof of Vaccination Status... show proof of first dose or single dose of COVID-19 vaccination by Wednesday, September 1, 2021... a. Nursing Homes...; b. Hospitals as defined in Section 19-301 of the Health-General Article. 6. Certain Residential Facilities... a. "Assisted Living Programs" licensed under Title 19, Subtitle 18 of [the Health-General Article]... 7. Penalties 8. Termination 9. Severability

Enforcement: 7. Penalties (administrative and criminal sanctions); Health-Gen. 18-907

Citation: Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-09-08-01 (adds section 6, Certain Residential Facilities: assisted living programs and others) (Ex. MD-060) Open the exhibit

Ex. MD-061

MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-09-08-02

Amended Directive and Order Regarding Nursing Home Matters

Dennis R. Schrader, Secretary of Health, Maryland (Sector regulator)

Dates: In force from Sept. 8, 2021 to Dec. 16, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: RS; IC; VS; HR; SC
Grade: Primary source read
Days in this quarter: 23 (in force on the last day)

This Amended Directive and Order replaces and supersedes the Directives and Orders Regarding Nursing Home Matters, dated August 18, June 15, May 04, February 11, 2021, [December 8, 2020...] B. Facilities shall screen and admit all persons who enter the facility (e.g., staff, volunteers, vendors, and visitors) in accordance with the Centers for Medicare and [Medicaid Services guidance]... v. On a weekly basis, the number of staff and residents that are fully vaccinated; 4. Testing: Facilities shall follow all testing requirements as set out by CMS (Ref. QSO-20-38-[NH]) i. Each facility shall be responsible for making appropriate contractual and financial arrangements for the testing of these staff, volunteers, [and vendors]... 8. Visitation... 9. Vaccinations. A. Resident Vaccination Policies and Procedures: Each facility shall: i. Identify for MDH a facility point of contact for…

Enforcement: Health-Gen. 18-907; Pub. Safety 14-3A-06; licensure

Citation: Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-09-08-02 (Ex. MD-061) Open the exhibit

Agencies, boards and authorities: Maryland

Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-004

MDOT MTA 'Coronavirus Updates' notice, last updated Sept. 30, 2020 2:15 p.m.: face coverings required (Order 20-07-29-01); Fall 2020 Service Modifications effective Nov. 2, 2020 reinstating earlier COVID-19 reductions on MARC and Commuter Bus; Express BusLink and LocalLink 38 and 92 remain suspended; Transit Store reopened Aug. 31, 2020 with temperature checks and a seven-customer limit

Coronavirus Updates - Fall 2020 Service Modifications (MARC and Commuter Bus reductions from Monday, November 2)

Maryland Department of Transportation, Maryland Transit Administration (MDOT MTA), Maryland (State)

Dates: In force from Nov. 2, 2020 to July 12, 2021 (issued Sept. 30, 2020)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Capacity limitFace-covering requirementTravel and quarantineCourts and public offices
Functions reached: WF commuting workforce (MARC down 89 percent; commuter frequency cut Nov. 2, 2020); CB customer access (seven-customer limit and temperature checks at the Transit Store); TV travel; OP office (employers continuing telework, recited)
Character: binding
Grade: Primary source read
Days in this quarter: 12 (in force on the first day)

Effective April 18, 2020 at 7:00 a.m.... all riders using public transit... are REQUIRED to wear face coverings.... This action supports Governor Hogan's Executive Order number 20-07-29-01.... In the fourth week of September, ridership across all MDOT MTA transit modes was down 60% overall, with MARC down 89%, Commuter Bus down 87% and Core Local Bus down 51%. Based on these trends, and to adjust service to meet demand, MDOT MTA will implement temporary, strategic service reductions to MARC and Commuter Bus... Beginning Monday, November 2, MDOT MTA will resume the following service levels, which were in place earlier in the COVID-19 health emergency... Local Bus - No changes, all Express Bus routes and LocalLinks 38 and 92 remain suspended.... Transit Store... will re-open on Monday, August 31... All customers will be required to undergo a temperature check before entry. The Transit…

Enforcement: Order 20-07-29-01 penalties (misdemeanor under Pub. Safety § 14-114(c), as recited in the Maryland State file); carrier operating rules for schedules, capacity and screening

Citation: Maryland Department of Transportation, Maryland Transit Administration (MDOT MTA), MDOT MTA 'Coronavirus Updates' notice, last updated Sept. 30, 2020 2:15 p.m.: face coverings required (Order 20-07-29-01); Fall 2020 Service Modifications effective Nov. 2, 2020 reinstating earlier COVID-19 reductions on MARC and Commuter Bus; Express BusLink and LocalLink 38 and 92 remain suspended; Transit Store reopened Aug. 31, 2020 with temperature checks and a seven-customer limit (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-004) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-037

Order of the Governor of the State of Maryland, National Guard (Mar. 12, 2020)

Ordering the Maryland National Guard into State active duty to enforce the laws and carry out emergency functions for the duration of the state of emergency and catastrophic health emergency

Governor Lawrence J. Hogan, Jr., Maryland (Governor; Maryland National Guard); State level (State)

Dates: In force from Mar. 12, 2020 to Aug. 15, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationOther
Functions reached: WF civilian employers of Guard members (up to 2,200 activated); OP Guard missions: testing sites, food distribution, nursing-home strike teams, PPE logistics; SC
Grade: Primary source read
Days in this quarter: 46 (in force on the first day)

I. The Maryland National Guard shall enter into State active duty to enforce the laws and carry out emergency functions, including providing support to civil authorities. II. The ranking member of the Maryland National Guard, and the ranking member's subordinates, shall support and cooperate with civil authorities... IV. The Maryland National Guard shall remain in State active duty until after termination of the state of emergency and the proclamation of the catastrophic health emergency has been rescinded, or until rescinded, superseded, amended, or revised by additional orders. V. The effect of any statute, rule, or regulation of an agency of the State or a political subdivision inconsistent with this order is hereby suspended.

Enforcement: Suspension of inconsistent statutes and rules (para. V); Pub. Safety § 14-114 (violation of emergency orders a misdemeanor)

Citation: Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland, National Guard (Mar. 12, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-037) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-039

Order of the Governor of the State of Maryland, Various Health Care Matters (Mar. 19, 2020) (Order No. 20-03-19-01)

Establishment of health facilities (including decommissioned hospitals and State property for treatment, isolation and quarantine); resource control over Strategic National Stockpile assets and COVID-19 testing assets (receiving, stockpiling, rationing, distributing); interstate license reciprocity and reactivation of inactive licenses

Governor Lawrence J. Hogan, Jr., Maryland (Governor; Secretary of Health); State level (State)

Dates: In force from Mar. 19, 2020 to Apr. 1, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersSupply chainOther
Functions reached: SC State rationing and distribution of PPE and testing assets to facilities; HR out-of-state practitioners admitted to practice; OP facilities designated for treatment and quarantine
Grade: Primary source read
Days in this quarter: 0

II. Establishment of Health Facilities. a. The Secretary is ordered to work collaboratively with health care providers throughout the State to designate and gain access to any and all facilities needed to respond to the catastrophic health emergency, including, without limitation, decommissioned hospitals; and b. Any property owned by the State of Maryland shall be made available to the Secretary as a place of treatment, isolation, and/or quarantine. III. Resource Control. The Secretary is ordered to establish and implement appropriate policies and procedures for receiving, stockpiling, rationing, and distributing (a) all assets received by the State of Maryland from the Strategic National Stockpile; and (b) assets needed for COVID-19 testing.

Enforcement: Pub. Safety § 14-114; § 14-3A-03 (catastrophic health emergency orders)

Citation: Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland, Various Health Care Matters (Mar. 19, 2020) (Order No. 20-03-19-01) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-039) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-038

Order of the Governor of the State of Maryland, Prohibiting Price Gouging (Mar. 23, 2020) (Order No. 20-03-23-03)

Prohibiting retailers from increasing the sale or rental price of enumerated goods and services (food, fuel, medicine, medical supplies or equipment, cleaning products, building supplies, storage, delivery, computers, telecommunications, child care and others) so as to increase the retailer's value of profit by more than 10 percent

Governor Lawrence J. Hogan, Jr., Maryland (Governor); State level (State)

Dates: In force from Mar. 23, 2020 to Aug. 15, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chainOther
Functions reached: SF retail pricing of medical supplies, PPE, cleaning products and building supplies; SC distributors and suppliers whose downstream pricing was capped; CB
Grade: Primary source read
Days in this quarter: 46 (in force on the first day)

I. Except to the extent preempted by applicable federal law, a retailer is prohibited from increasing the sale or rental price of the following goods or services to a price that increases the retailer's value of profit by more than 10%: a. Food; b. Beverages; c. Fuel; d. Water; e. Ice; f. Medicine; g. Hygiene and personal care products; h. Medical supplies or equipment; i. Cleaning products; j. Pet food; k. Veterinary care; l. Motor vehicle parts and repairs; m. Building supplies and equipment; n. Home improvement and maintenance; o. Storage space; p. Delivery, including shipping and handling; q. Computers, related electronic devices, or software programs; r. Energy sources; s. Batteries; t. Internet, telephone, or telecommunications; u. Video streaming; v. Website hosting; and w. Child care.

Enforcement: Pub. Safety § 14-114 (misdemeanor; fine up to $5,000, imprisonment up to one year); Attorney General enforcement under Ch. 14, Laws of 2020

Citation: Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland, Prohibiting Price Gouging (Mar. 23, 2020) (Order No. 20-03-23-03) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-038) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-042

Order of the Governor of the State of Maryland Authorizing Remote Notarizations (No. 20-03-30-04)

Order of the Governor of the State of Maryland Authorizing Remote Notarizations

Governor Lawrence J. Hogan, Jr., Maryland (Governor) (State)

Dates: In force from Mar. 30, 2020 to Sept. 29, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: CL closings, deeds and mortgages (Maryland land records); OF law and title offices; FI; CB
Grade: Primary source read
Days in this quarter: 0

II. An individual need not be in the physical presence of a notary public who performs a notarial act if: a. they communicate with each other simultaneously by sight and sound through a communication technology; and b. the notary public: i. is appointed and commissioned to perform a notarial act; ii. has notified the Secretary of State of the intention to perform notarial acts facilitated by communication technologies... v. creates, or directs another person to create, and retains an audio-visual recording of the performance of the notarial act; and vi. indicates on a certificate of the notarial act and in a journal that the individual was not in the physical presence of the notary public... III. This Order remains effective until the termination of the state of emergency and the proclamation of the catastrophic health emergency has been rescinded, except as may be rescinded, superseded…

Enforcement: Md. Code Ann., Pub. Safety sec. 14-114 (violation of emergency orders a misdemeanor); sec. IV modifies the effect of contrary statutes and rules

Citation: Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland Authorizing Remote Notarizations (No. 20-03-30-04) (Mar. 30, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-042) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-030

Bulletin 20-32

Code of Maryland Regulations ('COMAR') 31.08.12 / Temporary Property & Casualty Moratoriums

Kathleen A. Birrane, Insurance Commissioner, Maryland; Maryland Insurance Administration (Sector regulator)

Dates: In force from Aug. 13, 2020 to Sept. 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: IN underwriting (insurer-imposed moratoria on new business during the emergency regulated); CB applicants for coverage
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

[The Commissioner reminds property and] casualty insurers to review and abide by all of the requirements contained in COMAR 31.08.12 with respect to temporary insurance moratoriums. These requirements include, but are not limited to the [following]: 1. An insurer may not implement a moratorium unless the insurer has previously filed a moratorium protocol with the Administration for all lines of business that the insurer may wish to implement a moratorium; 2. The filed moratorium protocol must identify the events that will trigger and deactivate a [moratorium]

Enforcement: COMAR 31.08.12; Md. Code, Ins. § 4-113

Citation: Kathleen A. Birrane, Insurance Commissioner, Bulletin 20-32 (Aug. 13, 2020) (Ex. AGY-ST-INSURANCE-BANKING-030) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-037

Amended Regulatory Guidance Regarding Foreclosures (April 28, 2021)

Amended Regulatory Guidance Regarding Foreclosures (Re-Start Date moved to July 1, 2021)

Antonio P. Salazar, Commissioner of Financial Regulation, Maryland; Office of the Commissioner of Financial Regulation (Sector regulator)

Dates: In force from Apr. 28, 2021 to July 1, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: SV servicing and foreclosure (residential foreclosure initiation barred until July 1, 2021); ML mortgage lending; CL closings and title (foreclosure sales)
Grade: Primary source read
Days in this quarter: 1 (in force on the first day)

[On January 27, 2021 the] Commissioner issued Regulatory Guidance Regarding Foreclosures, specifically amending the 'Re-Start [Date' to April 1, 2021; on] February 22, 2021 the Commissioner issued Amended Regulatory Guidance Regarding Foreclosures, [moving it to May 4, 2021; on March 29, 2021 the Commissioner issued further Amended] Regulatory Guidance Regarding Foreclosures, specifically amending the 'Re-Start Date' in Section IV(c) of the Order to May 4, 2021 (the 'March 2021 Amended Regulatory Guidance')... binding Regulatory Guidance is necessary in order to prevent and reduce foreclosure of residential [property; the Re-Start Date is amended to July 1, 2021].

Enforcement: Md. Code, Pub. Safety § 14-3A-05; Real Prop. § 7-105.1

Citation: Antonio P. Salazar, Commissioner of Financial Regulation, Amended Regulatory Guidance Regarding Foreclosures (April 28, 2021) (Apr. 28, 2021) (Ex. AGY-ST-INSURANCE-BANKING-037) Open the exhibit

End of general restrictions, State of Maryland: Order of the Governor No. 21-06-15-01, Terminating Various Emergency Orders (June 15, 2021) (Ex. MD-031), following No. 21-05-12-01 (capacity limits lifted, Ex. MD-095) and No. 21-05-14-01 (mask order narrowed to transit, health care and schools, effective 12:01 a.m. May 15, 2021, Ex. MD-030) (2021-07-01 (12:01 a.m.) for the mask, traveler testing and quarantine, child care, alcohol and State-employee orders; 2021-08-15 (11:59 p.m.) for the nursing home, health care matters, eviction and foreclosure, remote notarization, MIA hearings, MVA license and licensing time-frame orders and the state of emergency itself). What remained: July 1 to August 15, 2021: the state of emergency and catastrophic health emergency; Order 20-04-29-01 (nursing homes) and the Secretary's nursing home directives; Order 21-03-09-02 (health care matters); Order 20-12-17-02 (evictions, repossessions, foreclosures, commercial evictions); Order 20-11-17-02 (alternate care sites); 21-01-05-01 (vaccine administration reporting); 20-09-29-01 and 20-04-10-01 (remote notarization and witnessing); 20-09-29-02 (MIA video hearings); 21-03-09-03 (licenses and legal time frames); 21-05-13-01 (MVA licenses); 21-06-15-02 and -03 (Comptroller time frames; nursing license extension) (Exs. MD-031, MD-073). After August 15, 2021 and through September 30, 2021: MDH Order 2021-06-15-03 (hospital surge capacity, testing and reporting, to Dec. 31, 2021) (MD-055); MDH nursing home orders 2021-06-15-04, 2021-08-18-02 and 2021-09-08-02 (screening of all entrants, CMS-standard staff testing, weekly reporting, visitation per QSO-20-39-NH, resident vaccination) (MD-056, MD-059, MD-061); MDH vaccination orders 2021-08-05-01, 2021-08-18-01 and 2021-09-08-01 (first dose by Sept. 1, 2021 or weekly testing and PPE for staff of hospitals, nursing homes, State congregate facilities and, from Sept. 8, assisted living programs) (MD-057, MD-058, MD-060); the Judiciary's Phase V order with courthouse masking and vaccination-or-testing orders (MD-090 to MD-092); the CDC conveyance mask order on all public transportation including school buses and the OSHA Healthcare ETS, as the Secretary's July 1, 2021 Notice itself recites (MD-094); and the county and Baltimore City mask orders of August 2021 (metro files DCM and BAL).

Preemption of local orders, State of Maryland: Maryland never preempted or barred local orders; it did the opposite. From the first reopening order the Governor expressly authorized stricter local action: 'If a political subdivision determines that doing so is necessary and reasonable to save lives or prevent exposure to COVID-19, the political subdivision is hereby authorized to issue orders that are more restrictive than this Order ("Local Orders"): i. requiring any businesses, organizations, establishments, or facilities to close or modify their operations; and/or ii. requiring individuals to remain indoors or to refrain from congregating' (Order 20-05-13-01 para. I.d, Ex. MD-010, carried in every restatement through 21-02-23-01), and every order made 'any Local Order' enforceable by every State and local law enforcement officer under the same misdemeanor penalty (para. V or VI). Order 20-04-05-02 (Apr. 5, 2020, Ex. MD-039) separately delegated to every county health officer and the Baltimore City Commissioner of Health the power to order any business, facility or construction site to modify its operations or to close it as an 'Unsafe Facility', 'even if the Unsafe Facility would otherwise be permitted to remain open (to any degree)' under the Governor's orders. Montgomery County, Prince George's County and Baltimore City used the para. I.d authority to delay every reopening stage in 2020 and early 2021 (metro files DCM and BAL). Order 21-03-09-01 para. I.e (Ex. MD-026) provided that the para. I.d authority 'shall cease to be effective at 5:00 p.m. on March 12, 2021, at which time all Local Orders issued pursuant to paragraph I.d above shall become null and void', while para. III.d.ii required all persons to comply with orders of the county health officer under 20-04-05-02; Order 21-05-14-01 para. IV.b (Ex. MD-030) rescinded 20-04-05-02 effective May 15, 2021. Local governments' own charter and public-health powers were never displaced, and the August 2021 indoor mask orders of Montgomery County (Aug. 7), Prince George's County (Aug. 8) and Baltimore City (Aug. 9, 2021) issued under local authority; those instruments belong to the DCM and BAL metro files.

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

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):

MD-031 (Order 21-06-15-01: the state of emergency and the fourteen section II orders in force to 11:59 p.m. Aug. 15, 2021)
MD-043 (Order 20-04-29-01, nursing homes, to Aug. 15, 2021)
MD-027 (Order 21-03-09-02, health care matters, to Aug. 15, 2021)
MD-055 (MDH 2021-06-15-03, hospital surge capacity, testing and reporting, all quarter)
MD-056 (MDH 2021-06-15-04, nursing homes, July 1 to Aug. 18, 2021)
MD-057 (MDH 2021-08-05-01, State congregate facilities: first dose by Sept. 1, 2021 or weekly testing)
MD-058 (MDH 2021-08-18-01, hospitals and nursing homes: all staff first dose by Sept. 1, 2021 or weekly testing and PPE)
MD-059 (MDH 2021-08-18-02, nursing homes, Aug. 18 to Sept. 8, 2021)
MD-060 (MDH 2021-09-08-01, vaccination matters, adds assisted living programs, from Sept. 8, 2021)
MD-061 (MDH 2021-09-08-02, nursing homes, from Sept. 8, 2021)
MD-089 (Judiciary Second Amended Order Expanding Operations, Phase V effective June 1, 2021, to Aug. 8, 2021)
MD-090 (Judiciary Third Amended Order Expanding Operations, effective Aug. 9, 2021)
MD-091 (Judiciary Ninth Order Clarifying Health Measures: mandatory masks in courthouses in substantial/high transmission jurisdictions, effective Aug. 9, 2021)
MD-092 (Judiciary vaccination-or-weekly-testing order for all Judiciary personnel, Aug. 20, 2021, deadline Sept. 27, 2021)
MD-094 (MDH Notice July 1, 2021 reciting that the federal public transportation mask order, including school buses, and the OSHA Healthcare ETS remain in effect)
Federal layer applying in Maryland: CDC conveyance order 86 Fed. Reg. 8025; TSA security directives; OSHA Healthcare ETS 29 C.F.R. 1910.502 (FED files)
Cite only after verification
County and Baltimore City indoor mask orders of Aug. 7-9, 2021 (metro files DCM and BAL)

5. Standing duties in Maryland

Maryland governed the pandemic under a Proclamation of a State of Emergency and Catastrophic Health Emergency issued March 5, 2020 under Title 14 of the Public Safety Article (Ex. MD-001), renewed every thirty days, and terminated, with the last fourteen orders, at 11:59 p.m. on August 15, 2021 (Exs. MD-031, MD-073). Two penalty statutes stood behind every order in the Maryland file. Public Safety section 14-114 provides that 'a person may not violate an order, rule, or regulation issued under the authority of this subtitle,' a misdemeanor punishable by six months or $1,000 and, when willful, by one year or $5,000 (Ex. DUT-MD-006); Public Safety section 14-3A-08 provides that 'a person may not knowingly and willfully fail to comply with an order, requirement, or directive issued under this subtitle,' punishable by one year or $5,000 (Ex. DUT-MD-008). Every Order of the Governor recited the second penalty in terms and commanded that 'each law enforcement officer of the State or a political subdivision shall execute and enforce this Order' (Ex. MD-014 para. VII). The Governor's substantive power came from Public Safety section 14-107(d) (control of 'ingress to and egress from an emergency area, the movement of individuals in the area, and the occupancy of premises in the area') (Ex. DUT-MD-005) and section 14-3A-03(d) ('the Governor may order the evacuation, closing, or decontamination of any facility' and 'may order individuals to remain indoors or refrain from congregating') (Ex. DUT-MD-007); the United States District Court for the District of Maryland identified section 14-3A-03 as the source of the closure, gathering and face-covering orders and refused to enjoin them (Ex. DUT-MD-017 at 5, 32). The Secretary of Health's Directives and Orders rested on Health-General section 18-102, which commands that the Secretary 'shall adopt rules and regulations necessary to prevent... the spread of an infectious or contagious disease' and, when such a disease exists, 'shall... act properly to prevent the spread of the disease' (Ex. DUT-MD-001); Health-General section 18-208 imposes the same duty on every county health officer, who 'shall act immediately to prevent the spread of the disease' (Ex. DUT-MD-002); COMAR 10.06.01.06A and C command the Secretary and every health officer to 'take any action or measure necessary to prevent the spread of communicable disease' and to 'order cessation of operation of a business or facility determined or suspected to be a threat to public health until the public health threat is determined by the health officer to have ceased' (Ex. DUT-MD-014); Health-General section 18-905 authorizes isolation and quarantine orders and orders to 'any sheriff, deputy sheriff, or other law enforcement officer' to enforce them, and section 18-907 makes knowing and willful non-compliance a misdemeanor punishable by one year or $3,000 (Exs. DUT-MD-003, DUT-MD-004). The workplace-safety layer is Maryland's own: Labor and Employment section 5-104(a) commands that 'each employer shall provide each employee... with employment and a place of employment that are: (1) safe and healthful; and (2) free from each recognized hazard that is causing or likely to cause death or serious physical harm to the employee' (Ex. DUT-MD-010), enforced by mandatory civil penalties for serious violations of up to $7,000 per violation and $70,000 for willful or repeated violations (Exs. DUT-MD-011, DUT-MD-012); MOSH published its COVID-19 face-covering fact sheet in April 2020 (Ex. DUT-MD-019); on August 27, 2021 MOSH adopted the federal COVID-19 Healthcare ETS, 29 C.F.R. part 1910 subpart U, as COMAR 09.12.29 (Ex. DUT-MD-016) and issued its COVID-19 Pandemic Field Enforcement Guidelines (Ex. DUT-MD-020). The General Assembly added a pandemic-specific employer duty on May 30, 2021: Chapter 736 of 2021, the Maryland Essential Workers' Protection Act, commands that 'during an emergency, each essential employer shall: (1) provide working conditions that comply with applicable safety standards adopted by a federal or State agency; (2)... provide necessary amounts of safety equipment recommended for usage during the emergency at no cost to essential workers; (3) adopt, maintain, and post written protocols...; and (4) provide or implement any other measures or requirements set by the Governor or a federal or State agency to ensure the general health and safety of essential workers' (Ex. DUT-MD-013), in force for the whole of the catastrophic health emergency that remained, to August 15, 2021. Maryland enacted no general business liability shield: HB 508 and HB 1106 of 2021 received hearings and nothing more (official bill record, read and cited in the caveats); the only immunity is the health-care provider's, conditioned on acting 'in good faith and under a catastrophic health emergency proclamation' (Pub. Safety section 14-3A-06, Ex. DUT-MD-009; Health-General section 18-907(d), Ex. DUT-MD-004). The sanitary code bound every food service facility: COMAR 10.15.03.14 commands that the person-in-charge 'shall ensure that' an employee with persistent sneezing, coughing or a runny nose 'does not work with' exposed food, clean equipment or single-service articles and that the approving authority is notified of an employee suspected of a disease transmissible by food (Ex. DUT-MD-015), with license suspension and revocation under COMAR 10.15.03.35. The operating conditions in the orders themselves are recorded in existing_exhibits_cited with their verbs: 'shall comply with' (Exs. MD-010, MD-014, MD-026); 'shall require staff to wear' (Ex. MD-008); 'shall, in good faith and to the extent possible' (Exs. MD-008, MD-014, MD-051); 'shall,' 'must,' 'should' and 'recommended' in the MDH food-service directives (Exs. MD-045, MD-051); 'It is strongly recommended' for the public's social distancing (Ex. MD-014 para. II.a); and 'Advisory Recommendations' after May 15, 2021 (Ex. MD-054).

The phase question

Whether the measures Maryland employers took that went beyond the four corners of the closure and stay-home orders were 'voluntary' in the sense of Notice 2021-20 Q&A-14 (an employer that suspends or reduces operations 'not due to a governmental order'). Answer: they were not. From May 15, 2020 to May 15, 2021 every business permitted to open in Maryland operated under an Order of the Governor whose Operating Requirements paragraph commanded that it 'shall comply with' applicable Local Orders, the Secretary of Health's Directives, 'applicable social distancing guidance published by CDC and MDH,' and the orders of the county health officer (Ex. MD-010 para. III.g.i; Ex. MD-014 para. III.k.i; Ex. MD-026 para. III.d.ii), on pain of a misdemeanor carrying a year's imprisonment or $5,000 (Md. Code Ann., Pub. Safety sections 14-114 and 14-3A-08, Exs. DUT-MD-006 and DUT-MD-008); from April 5, 2020 every county health officer held delegated power to order any 'Unsafe Facility' to 'modify its operations to comply with Social Distancing Guidance' or to close it (Ex. MD-039 para. II); throughout all six quarters Labor and Employment section 5-104 bound every employer to a workplace 'free from each recognized hazard' (Ex. DUT-MD-010), COMAR 10.06.01.06C commanded the Secretary and every health officer to 'order cessation of operation of a business or facility determined or suspected to be a threat to public health' (Ex. DUT-MD-014), and Health-General sections 18-102 and 18-208 commanded the Secretary and every health officer to 'act properly to prevent the spread of the disease' (Exs. DUT-MD-001, DUT-MD-002); from May 30 to August 15, 2021 the Maryland Essential Workers' Protection Act commanded every 'essential employer' to 'provide working conditions that comply with applicable safety standards adopted by a federal or State agency' and to 'provide or implement any other measures or requirements set by the Governor or a federal or State agency' (Ex. DUT-MD-013); and from August 27, 2021 MOSH enforced the federal COVID-19 Healthcare ETS as Maryland law (Ex. DUT-MD-016).

The State's standing duties

Ex. DUT-MD-001

Statute

Secretary's duty to adopt rules and regulations to prevent the spread of infectious or contagious disease and to act to prevent its spread

Maryland General Assembly (Annotated Code of Maryland, Health-General Article, Title 18, Subtitle 1), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureWorkplace rulesStanding duty
Character: statutory duty
Grade: Primary source read

(a) The Secretary shall adopt rules and regulations necessary to prevent:... (2) The spread of an infectious or contagious disease.... (b) When the Secretary has reason to believe that [such a] disease... exists within the State, the Secretary shall: (1) Investigate the suspected disease; and (2) Act properly to prevent the spread of the disease.

Enforcement: Directives issued in a catastrophic health emergency are enforced by Health-Gen. § 18-907 (misdemeanor; 1 year or $3,000) and Pub. Safety § 14-3A-08 (misdemeanor; 1 year or $5,000); business cessation orders under COMAR 10.06.01.06C

Citation: Maryland General Assembly (Annotated Code of Maryland, Health-General Article, Title 18, Subtitle 1), Statute (standing) (Ex. DUT-MD-001) Open the exhibit

Ex. DUT-MD-002

Statute

Duty of county health officer to investigate and act immediately to prevent the spread of infectious or contagious disease

Maryland General Assembly (Health-General Article, Title 18, Subtitle 2), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureWorkplace rulesStanding duty
Character: statutory duty
Grade: Primary source read

(b) When a health officer is notified of an infectious or contagious disease within the county, the health officer: (1) Shall act immediately to prevent the spread of the disease; (2) Within 24 hours after receiving notice of the disease, shall give the Secretary all information obtained on the disease; and (3) Shall cooperate with the Secretary to prevent the spread of the disease.

Enforcement: Health officer orders issued under Order 20-04-05-02 carried the Governor's misdemeanor penalty (Ex. MD-039 para. IV.b; Pub. Safety § 14-3A-08); COMAR 10.06.01.06C cessation orders

Citation: Maryland General Assembly (Health-General Article, Title 18, Subtitle 2), Statute (standing) (Ex. DUT-MD-002) Open the exhibit

Ex. DUT-MD-003

Statute

Secretary's orders in a catastrophic health emergency: evaluation and treatment, isolation and quarantine of individuals and groups, direction of local health officers, and orders to law enforcement to enforce

Maryland General Assembly (Health-General Article, Title 18, Subtitle 9, Catastrophic Health Emergencies), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersQuarantine and isolationStanding duty
Character: statutory authority
Grade: Primary source read

(ii)... may order an individual or group of individuals to go to and remain in places of isolation or quarantine until the Secretary determines that the individual no longer poses a substantial risk of transmitting the disease...; (3) May order any sheriff, deputy sheriff, or other law enforcement officer... to assist in the execution or enforcement of any order issued under this subtitle.

Enforcement: Health-Gen. § 18-907(a): knowing and willful failure to comply is a misdemeanor, 1 year or $3,000 or both (Ex. DUT-MD-004)

Citation: Maryland General Assembly (Health-General Article, Title 18, Subtitle 9, Catastrophic Health Emergencies), Statute (standing) (Ex. DUT-MD-003) Open the exhibit

Ex. DUT-MD-004

Statute

Offense of knowing and willful failure to comply with a Secretary's order, regulation or directive; civil penalties and licensing discipline for health care facilities and practitioners; conditioned immunity of health care providers

Maryland General Assembly (Health-General Article, Title 18, Subtitle 9), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersQuarantine and isolationStanding duty
Character: order penalty
Grade: Primary source read

(a) (1) A person may not knowingly and willfully fail to comply with any order, regulation, or directive issued in accordance with § 18-905 of this subtitle. (2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $3,000 or both.

Enforcement: Misdemeanor, imprisonment not exceeding 1 year or fine not exceeding $3,000 or both (subsection (a)); civil penalty up to $3,000 per offense for facilities (subsection (b)); probation, suspension, revocation or $3,000 per offense for practitioners (subsection (c))

Citation: Maryland General Assembly (Health-General Article, Title 18, Subtitle 9), Statute (standing) (Ex. DUT-MD-004) Open the exhibit

Ex. DUT-MD-005

Statute

Governor's declaration of a state of emergency and emergency powers, including suspension of statutes and control of ingress, egress, movement of individuals and occupancy of premises

Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1, Emergency Management), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStay-at-homeBusiness closureTravel and quarantineStanding duty
Character: statutory authority
Grade: Primary source read

(d) (1) After declaring a state of emergency, the Governor, if the Governor finds it necessary in order to protect the public health, welfare, or safety, may: (i) suspend the effect of any statute or rule or regulation...;... (iv) direct the control of ingress to and egress from an emergency area, the movement of individuals in the area, and the occupancy of premises in the area.

Enforcement: Pub. Safety § 14-114: violation of an order issued under this subtitle is a misdemeanor, 6 months or $1,000; willful violation 1 year or $5,000 (Ex. DUT-MD-006)

Citation: Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1, Emergency Management), Statute (standing) (Ex. DUT-MD-005) Open the exhibit

Ex. DUT-MD-006

Statute

Offense of violating an order, rule or regulation issued under the Emergency Management subtitle; two-tier misdemeanor penalty

Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Stay-at-homeBusiness closureCapacity limitGathering capFace-covering requirementStanding duty
Character: order penalty
Grade: Primary source read

(a) A person may not violate an order, rule, or regulation issued under the authority of this subtitle. (b) (1) A person who violates this section is guilty of a misdemeanor... [6 months or $1,000]. (2) A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.

Enforcement: Misdemeanor: imprisonment not exceeding 6 months or fine not exceeding $1,000 or both; willful violation: imprisonment not exceeding 1 year or fine not exceeding $5,000 or both

Citation: Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1), Statute (standing) (Ex. DUT-MD-006) Open the exhibit

Ex. DUT-MD-007

Statute

Governor's orders in a catastrophic health emergency: seizure and rationing, medical examination, testing and vaccination, isolation and quarantine, health care provider participation, evacuation, closing or decontamination of any facility, and orders to remain indoors or refrain from congregating

Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A, Catastrophic Health Emergencies), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Stay-at-homeBusiness closureGathering capHealth care ordersVaccination or testingQuarantine and isolationStanding duty
Character: statutory authority
Grade: Primary source read

(d) (1) The Governor may order the evacuation, closing, or decontamination of any facility. (2) If necessary and reasonable to save lives or prevent exposure to a deadly agent, the Governor may order individuals to remain indoors or refrain from congregating.

Enforcement: Pub. Safety § 14-3A-08(a): knowing and willful failure to comply with an order, requirement or directive under this subtitle is a misdemeanor, 1 year or $5,000 or both (Ex. DUT-MD-008); health care practitioners: discipline under Health Occ. § 1-219

Citation: Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A, Catastrophic Health Emergencies), Statute (standing) (Ex. DUT-MD-007) Open the exhibit

Ex. DUT-MD-008

Statute

Offense of knowing and willful failure to comply with an order, requirement or directive issued in a catastrophic health emergency; discipline of health care practitioners

Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Stay-at-homeBusiness closureCapacity limitGathering capFace-covering requirementHealth care ordersStanding duty
Character: order penalty
Grade: Primary source read

(a) (1) Except as provided in subsection (b) of this section, a person may not knowingly and willfully fail to comply with an order, requirement, or directive issued under this subtitle. (2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.

Enforcement: Misdemeanor: imprisonment not exceeding 1 year or fine not exceeding $5,000 or both; health care practitioners who fail to comply with § 14-3A-03(c): discipline under Health Occ. § 1-219

Citation: Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Statute (standing) (Ex. DUT-MD-008) Open the exhibit

Ex. DUT-MD-009

Statute

Immunity of health care providers acting in good faith and under a catastrophic health emergency proclamation

Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3 (operative while the proclamation of March 5, 2020 stood, to August 15, 2021))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOperating condition
Character: liability shield condition
Grade: Primary source read

A health care provider is immune from civil or criminal liability if the health care provider acts in good faith and under a catastrophic health emergency proclamation.

Enforcement: Not a penalty provision; loss of immunity for conduct outside the proclamation's regime or in bad faith

Citation: Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Statute (standing) (Ex. DUT-MD-009) Open the exhibit

Ex. DUT-MD-010

Statute

Employer's duty to provide employment and a place of employment that are safe and healthful and free from each recognized hazard, and to comply with MOSH regulations and orders; employee's duty to comply; posting duty

Maryland General Assembly (Labor and Employment Article, Title 5, Maryland Occupational Safety and Health Act), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace duty
Grade: Primary source read

(a) Each employer shall provide each employee... with employment and a place of employment that are: (1) safe and healthful; and (2) free from each recognized hazard that is causing or likely to cause death or serious physical harm to the employee. (b) (1) Each employer shall comply with this title, each applicable regulation... and each applicable order... under this title.

Enforcement: Lab. & Empl. § 5-809: the Commissioner 'shall assess a civil penalty' for a serious violation and 'may' for willful, repeated and other violations (Ex. DUT-MD-011); § 5-810 (2020 text): up to $7,000 per violation and per day of failure to correct, up to $70,000 for willful or repeated violations, minimum $5,000 for willful (Ex. DUT-MD-012)

Citation: Maryland General Assembly (Labor and Employment Article, Title 5, Maryland Occupational Safety and Health Act), Statute (standing) (Ex. DUT-MD-010) Open the exhibit

Ex. DUT-MD-011

Statute

Mandatory civil penalty for serious violations of the MOSH Act, orders and regulations; discretionary penalties for willful, repeated, non-serious and uncorrected violations

Maryland General Assembly (Labor and Employment Article, Title 5, Subtitle 8), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: order penalty
Grade: Primary source read

(2) The Commissioner shall assess a civil penalty against an employer who receives a citation for a serious violation of this title, an order passed under this title, or a regulation adopted to carry out this title.... (c) The Commissioner may assess a civil penalty against an employer who: (1) willfully or repeatedly violates this title, an order passed under this title, or a regulation....

Enforcement: Amounts in § 5-810 (Ex. DUT-MD-012)

Citation: Maryland General Assembly (Labor and Employment Article, Title 5, Subtitle 8), Statute (standing) (Ex. DUT-MD-011) Open the exhibit

Ex. DUT-MD-012

Statute

Maximum and minimum civil penalties under the MOSH Act and the factors the Commissioner weighs, including 'the good faith of the employer' and 'the existence and quality of a safety and training program'

Maryland General Assembly (Labor and Employment Article, Title 5, Subtitle 8), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: order penalty
Grade: Primary source read

(a) (1)... a civil penalty under § 5-809... may not exceed: (i) $7,000 for each violation; and (ii) if an employer does not correct a violation within the period allowed..., $7,000 for each day that the violation continues. (2) A civil penalty for a willful or repeated violation... may not exceed $70,000 for each violation. (3)... a willful violation... may not be less than $5,000.

Enforcement: As quoted: $7,000 per violation and per day uncorrected; $70,000 per willful or repeated violation; minimum $5,000 per willful violation

Citation: Maryland General Assembly (Labor and Employment Article, Title 5, Subtitle 8), Statute (standing) (Ex. DUT-MD-012) Open the exhibit

Ex. DUT-MD-013

Session law (Maryland Essential Workers' Protection Act), codified at Md. Code Ann., Lab. & Empl. §§ 3-1701 to 3-1709 (enacted as Subtitle 16, §§ 3-1601 to 3-1609, and renumbered by the codifier)

Labor and Employment - Employment Standards During an Emergency (Maryland Essential Workers' Protection Act)

Maryland General Assembly (Chapter 736 of the Acts of 2021, House Bill 581; crossfile SB 486), Maryland (State)

Dates: Standing (2021-05-30)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesStanding dutyOperating condition
Character: workplace duty
Grade: Primary source read

During an emergency, each essential employer shall: (1) provide working conditions that comply with applicable safety standards adopted by a federal or State agency; (2)... subject to availability, provide necessary amounts of personal protective safety equipment recommended for usage during the emergency at no cost to essential workers;... and (4) provide or implement any other measures or requirements set by the Governor or a federal or State agency...

Enforcement: § 3-1708: complaints to the Commissioner of Labor and Industry; enforcement under Title 5 of the Labor and Employment Article for the safety duties; for public health emergency leave, an order for the unpaid leave and actual damages, up to three times the hourly wage per violation, and a civil penalty of up to $1,000 per essential worker

Citation: Maryland General Assembly (Chapter 736 of the Acts of 2021, House Bill 581; crossfile SB 486), Session law (Maryland Essential Workers' Protection Act), codified at Md. Code Ann., Lab. & Empl. §§ 3-1701 to 3-1709 (enacted as Subtitle 16, §§ 3-1601 to 3-1609, and renumbered by the codifier) (standing) (Ex. DUT-MD-013) Open the exhibit

Ex. DUT-MD-014

Regulation

COMAR 10.06.01.06, General Control Measures: duty of the Secretary and health officers to take any necessary action; duty of individuals, businesses and facilities to make records available; mandatory cessation orders against businesses and facilities that threaten public health; control of food handlers; schools and child care

Secretary of Health (Code of Maryland Regulations, Title 10, Subtitle 06, Chapter 01, Communicable Diseases and Related Conditions of Public Health Importance), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureSchools and child careWorkplace rulesStanding duty
Character: sanitary code duty
Grade: Primary source read

A. Necessary Action. The Secretary or health officer shall: (1) Take any action or measure necessary to prevent the spread of communicable disease...;... C. A health officer or the Secretary shall order cessation of operation of a business or facility determined or suspected to be a threat to public health until the public health threat is determined by the health officer to have ceased.

Enforcement: Cessation of operation by order (C); food handlers excluded from handling food (E); in a catastrophic health emergency, Health-Gen. § 18-907 and Pub. Safety § 14-3A-08 (Exs. DUT-MD-004, DUT-MD-008); the county health officer orders carried the Governor's misdemeanor (Ex. MD-039 para. IV.b)

Citation: Secretary of Health (Code of Maryland Regulations, Title 10, Subtitle 06, Chapter 01, Communicable Diseases and Related Conditions of Public Health Importance), Regulation (standing) (Ex. DUT-MD-014) Open the exhibit

Ex. DUT-MD-015

Regulation

COMAR 10.15.03.14, Personnel Health and Sanitation: the person-in-charge's duty to exclude ill and symptomatic food employees, to require reporting of transmissible disease, to notify the approving authority, and to enforce hand-washing

Secretary of Health (Code of Maryland Regulations, Title 10, Subtitle 15, Chapter 03, Food Service Facilities), Maryland (State)

Dates: Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding dutyOperating condition
Character: sanitary code duty
Grade: Primary source read

The person-in-charge shall ensure that:... B. An employee experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth does not work with: (1) Exposed food; (2) Clean equipment, utensils, and linens; or (3)...; C. An employee who has a disease that may be transmissible through food reports the condition....

Enforcement: COMAR 10.15.03.35 (read live, not saved): notice of violation with a correction date and, on failure to correct, suspension or revocation of the license; written abatement orders under Health-Gen. §§ 21-318 or 21-261; injunctive relief under Health-Gen. §§ 21-1214 and 21-1215 for an immediate and substantial danger to public health

Citation: Secretary of Health (Code of Maryland Regulations, Title 10, Subtitle 15, Chapter 03, Food Service Facilities), Regulation (standing) (Ex. DUT-MD-015) Open the exhibit

Ex. DUT-MD-016

MOSH Standards Notice 21-1 (adopting COMAR 09.12.29, Emergency Temporary Standards, published 48:18 Md. R. [21-121-E], August 27, 2021)

COVID-19 Emergency Temporary Standard (COVID ETS)

Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor (Acting Assistant Commissioner Michael A. Penn), Maryland (State)

Dates: Standing (2021-08-27)
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesStanding duty
Character: covid workplace rule
Grade: Primary source read

Purpose: To adopt the COVID-19 Emergency Temporary Standard, 29 CFR §1910, Subpart U... All amendments and revisions to 29 CFR §1910, Subpart U, that appeared in the Federal Register on June 21, 2021 (86 FR 32620-32628), as amended, are adopted by reference with the following substitutions: (1) Where "Assistant Secretary" appears, substitute "Assistant Commissioner of MOSH".

Enforcement: MOSH citations and civil penalties under Lab. & Empl. §§ 5-809 and 5-810 (Exs. DUT-MD-011, DUT-MD-012); inspection under MOSH Instruction 21-2, COVID-19 ETS Inspection Procedures (Aug. 27, 2021)

Citation: Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor (Acting Assistant Commissioner Michael A. Penn), MOSH Standards Notice 21-1 (adopting COMAR 09.12.29, Emergency Temporary Standards, published 48:18 Md. R. [21-121-E], August 27, 2021) (Aug. 27, 2021) (Ex. DUT-MD-016) Open the exhibit

Ex. DUT-MD-017

Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 40 (D. Md. May 20, 2020) (refusing a preliminary injunction against the Governor's orders)

Antietam Battlefield KOA, et al. v. Lawrence J. Hogan, et al., Memorandum (Civil Action No. CCB-20-1130)

United States District Court for the District of Maryland (Blake, J.), Maryland (United States District Court for the District of Maryland) (Court)

Dates: Standing (2020-05-20)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureGathering capFace-covering requirementStanding duty
Character: adjudication
Grade: Primary source read

The coronavirus-related executive orders all reference Title 14 of the Maryland Public Safety Article. Section 14-3A-03 of that title states that, following the declaration of a catastrophic health emergency, the Governor is empowered to "order the evacuation, closing, or decontamination of any facility" and to "order individuals to remain indoors or refrain from congregating."

Enforcement: Not applicable (judicial opinion); recites the orders' misdemeanor penalty at 5

Citation: United States District Court for the District of Maryland (Blake, J.), Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 40 (D. Md. May 20, 2020) (refusing a preliminary injunction against the Governor's orders) (Ex. DUT-MD-017) Open the exhibit

Ex. DUT-MD-018

Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 71 (D. Md. Nov. 18, 2020) (granting the motion to dismiss the amended complaint)

Antietam Battlefield KOA, et al. v. Lawrence J. Hogan, et al., Memorandum (Civil Action No. CCB-20-1130)

United States District Court for the District of Maryland (Blake, J.), Maryland (United States District Court for the District of Maryland) (Court)

Dates: Standing (2020-11-18)
Quarters: 2020 Q4
Limitations: Stay-at-homeBusiness closureGathering capFace-covering requirementStanding duty
Character: adjudication
Grade: Primary source read

Jacobson holds that it is not the role of the judiciary to second-guess policy choices... the court cannot conclude that Governor Hogan's measures are arbitrary or unreasonable, or that they plainly violate any of the plaintiffs' constitutional rights.... Accordingly, the defendants' motion to dismiss will be granted.

Enforcement: Not applicable (judicial opinion)

Citation: United States District Court for the District of Maryland (Blake, J.), Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 71 (D. Md. Nov. 18, 2020) (granting the motion to dismiss the amended complaint) (Ex. DUT-MD-018) Open the exhibit

Ex. DUT-MD-019

MOSH Fact Sheet (April 2020)

COVID-19 Facemasks vs. Respirators: Understanding the Difference

Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor, Maryland (State)

Dates: Standing (2020-04)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rules
Character: recommendation only
Grade: Primary source read

Cloth or Paper Face Mask... Testing & Approval: Not tested or approved, but currently recommended by the CDC... Intended Use & Purpose: To prevent transmission of the virus between people in close proximity... Who Should Wear? Everyone in public settings where social distancing is infeasible e.g. grocery store or pharmacy

Enforcement: None in the fact sheet; the incorporating orders carried Pub. Safety §§ 14-114 and 14-3A-08

Citation: Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor, MOSH Fact Sheet (April 2020) (standing) (Ex. DUT-MD-019) Open the exhibit

Ex. DUT-MD-020

MOSH Instruction 21-1

MOSH COVID-19 Pandemic Field Enforcement Guidelines

Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor, Maryland (State)

Dates: Standing (2021-08-27)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesStanding duty
Character: guidance incorporated
Grade: Primary source read

As reasonably practicable, MOSH will follow current CDC guidance regarding risk and transmission levels, administrative and work practice controls, and protective equipment recommendations.... State, County, and local jurisdiction mandates or requirements supersede these guidelines where the requirements are more protective.... The requirements of 29 CFR 1910 Subpart U... will take precedence

Enforcement: Not a penalty provision; the citations that followed an inspection carried Lab. & Empl. §§ 5-809 and 5-810

Citation: Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor, MOSH Instruction 21-1 (Aug. 27, 2021) (Ex. DUT-MD-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 Maryland 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 244 instruments in force for this selection: 24 instruments from the State of Maryland (Governor Lawrence J. Hogan, Jr, Proclamation: Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19 (Mar. 5, 2020) (Ex. MD-001); Governor Lawrence J. Hogan, Jr, Order of the Governor (Mar. 12, 2020) Extending Certain Licenses, Permits, Registrations (Ex. MD-098); Governor Lawrence J. Hogan, Jr, Order of the Governor (Mar. 16, 2020), Temporarily Prohibiting Evictions of Tenants Suffering Substantial Loss of Income Due to COVID-19 (Ex. MD-038); and 21 more), 7 instruments from the agencies, boards and authorities of Maryland (Maryland Department of Transportation, Maryland Transit Administration (MDOT MTA), MDOT MTA 'Coronavirus Updates' notice, last updated Sept. 30, 2020 2:15 p.m.: face coverings required (Order 20-07-29-01); Fall 2020 Service Modifications effective Nov. 2, 2020 reinstating earlier COVID-19 reductions on MARC and Commuter Bus; Express BusLink and LocalLink 38 and 92 remain suspended; Transit Store reopened Aug. 31, 2020 with temperature checks and a seven-customer limit (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-004); Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland, National Guard (Mar. 12, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-037); Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland, Various Health Care Matters (Mar. 19, 2020) (Order No. 20-03-19-01) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-039); and 4 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 46 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 44 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: IC (Ex. MD-043); HR (Ex. MD-041); SC (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-037); PJ (Ex. MD-089); RS (Ex. MD-043); VS (Ex. MD-043); WF (Ex. MD-058); CB (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-038); CT (Ex. MD-089); CB applicants for coverage (Ex. AGY-ST-INSURANCE-BANKING-030).

Step three, the change compelled. Maryland Department of Transportation, Maryland Transit Administration (MDOT MTA), MDOT MTA 'Coronavirus Updates' notice, last updated Sept. 30, 2020 2:15 p.m.: face coverings required (Order 20-07-29-01); Fall 2020 Service Modifications effective Nov. 2, 2020 reinstating earlier COVID-19 reductions on MARC and Commuter Bus; Express BusLink and LocalLink 38 and 92 remain suspended; Transit Store reopened Aug. 31, 2020 with temperature checks and a seven-customer limit (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-004) ordered: "Effective April 18, 2020 at 7:00 a.m.... all riders using public transit... are REQUIRED to wear face coverings.... This action supports Governor Hogan's Executive Order number 20-07-29-01.... In the fourth week of September, ridership across all MDOT MTA transit modes was down 60% overall, with…" Enforcement: Order 20-07-29-01 penalties (misdemeanor under Pub. Safety § 14-114(c), as recited in the Maryland State file); carrier operating rules for schedules, capacity… Governor Lawrence J. Hogan, Jr, Proclamation: Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19 (Mar. 5, 2020) (Ex. MD-001) ordered: "Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19... an outbreak of disease ("COVID-19") caused by the novel coronavirus... the novel coronavirus, as a viral agent capable of causing extensive loss of life or serious disability, is a deadly agent (scanned…" Enforcement: Predicate only; each order issued under it carries Pub. Safety 14-114(d): misdemeanor, imprisonment up to one year or fine up to $5,000 or both Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland, National Guard (Mar. 12, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-037) ordered: "I. The Maryland National Guard shall enter into State active duty to enforce the laws and carry out emergency functions, including providing support to civil authorities. II. The ranking member of the Maryland National Guard, and the ranking member's subordinates, shall support and cooperate with…" Enforcement: Suspension of inconsistent statutes and rules (para. V); Pub. Safety § 14-114 (violation of emergency orders a misdemeanor) 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. MDOT MTA 'Coronavirus Updates' notice, last updated Sept. 30, 2020 2:15 p.m.: face… (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-004) was in force from Nov. 2, 2020 to July 12, 2021, 12 of the quarter's 92 days; Proclamation: Declaration of State of Emergency and Existence of Catastrophic Health… (Ex. MD-001) was in force from Mar. 5, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Order of the Governor of the State of Maryland, National Guard (Mar. 12, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-037) was in force from Mar. 12, 2020 to Aug. 15, 2021, 46 of the quarter's 92 days. Of the 31 instruments in the quarter's record, 17 were in force on its first day, 13 on its last day and 6 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: 221 records, of which The COVID Project holds the document for 219. 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-ST-CORRECTIONS-EMA-GUARD-037	Order of the Governor of the State of Maryland, National Guard (Mar. 12, 2020)	Governor Lawrence J. Hogan, Jr.	Mar. 12, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland, National Guard (Mar. 12, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-037)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-037	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-037
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-038	Order of the Governor of the State of Maryland, Prohibiting Price Gouging (Mar. 23, 2020) (Order No. 20-03-23-03)	Governor Lawrence J. Hogan, Jr.	Mar. 23, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland, Prohibiting Price Gouging (Mar. 23, 2020) (Order No. 20-03-23-03) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-038)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-038	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-038
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-039	Order of the Governor of the State of Maryland, Various Health Care Matters (Mar. 19, 2020) (Order No. 20-03-19-01)	Governor Lawrence J. Hogan, Jr.	Mar. 19, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland, Various Health Care Matters (Mar. 19, 2020) (Order No. 20-03-19-01) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-039)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-039	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-039
Ex. AGY-ST-DMV-SOS-RECORDERS-042	Order of the Governor of the State of Maryland Authorizing Remote Notarizations (No. 20-03-30-04)	Governor Lawrence J. Hogan, Jr.	Mar. 30, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor of the State of Maryland Authorizing Remote Notarizations (No. 20-03-30-04) (Mar. 30, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-042)	/library/AGY-ST-DMV-SOS-RECORDERS-042	/exhibit/AGY-ST-DMV-SOS-RECORDERS-042
Ex. AGY-ST-INSURANCE-BANKING-030	Bulletin 20-32	Kathleen A. Birrane, Insurance Commissioner	Aug. 13, 2020	Kathleen A. Birrane, Insurance Commissioner, Bulletin 20-32 (Aug. 13, 2020) (Ex. AGY-ST-INSURANCE-BANKING-030)	/library/AGY-ST-INSURANCE-BANKING-030	/exhibit/AGY-ST-INSURANCE-BANKING-030
Ex. AGY-ST-INSURANCE-BANKING-037	Amended Regulatory Guidance Regarding Foreclosures (April 28, 2021)	Antonio P. Salazar, Commissioner of Financial Regulation	Apr. 28, 2021	Antonio P. Salazar, Commissioner of Financial Regulation, Amended Regulatory Guidance Regarding Foreclosures (April 28, 2021) (Apr. 28, 2021) (Ex. AGY-ST-INSURANCE-BANKING-037)	/library/AGY-ST-INSURANCE-BANKING-037	/exhibit/AGY-ST-INSURANCE-BANKING-037
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-004	MDOT MTA 'Coronavirus Updates' notice, last updated Sept. 30, 2020 2:15 p.m.: face coverings required (Order 20-07-29-01); Fall 2020 Service Modifications…	Maryland Department of Transportation, Maryland Transit Administration (MDOT MTA)	Sept. 30, 2020	Maryland Department of Transportation, Maryland Transit Administration (MDOT MTA), MDOT MTA 'Coronavirus Updates' notice, last updated Sept. 30, 2020 2:15 p.m.: face coverings required (Order 20-07-29-01); Fall 2020 Service Modifications effective Nov. 2, 2020 reinstating earlier COVID-19 reductions on MARC and Commuter Bus; Express BusLink and LocalLink 38 and 92 remain suspended; Transit Store reopened Aug. 31, 2020 with temperature checks and a seven-customer limit (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-004)	/library/AGY-ST-TRANSPORT-PORTS-TRANSIT-004	/exhibit/AGY-ST-TRANSPORT-PORTS-TRANSIT-004
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-MD-001	Statute	Maryland General Assembly (Annotated Code of Maryland, Health-General Article, Title 18, Subtitle 1)	standing	Maryland General Assembly (Annotated Code of Maryland, Health-General Article, Title 18, Subtitle 1), Statute (standing) (Ex. DUT-MD-001)	/library/DUT-MD-001	/exhibit/DUT-MD-001
Ex. DUT-MD-002	Statute	Maryland General Assembly (Health-General Article, Title 18, Subtitle 2)	standing	Maryland General Assembly (Health-General Article, Title 18, Subtitle 2), Statute (standing) (Ex. DUT-MD-002)	/library/DUT-MD-002	/exhibit/DUT-MD-002
Ex. DUT-MD-003	Statute	Maryland General Assembly (Health-General Article, Title 18, Subtitle 9, Catastrophic Health Emergencies)	standing	Maryland General Assembly (Health-General Article, Title 18, Subtitle 9, Catastrophic Health Emergencies), Statute (standing) (Ex. DUT-MD-003)	/library/DUT-MD-003	/exhibit/DUT-MD-003
Ex. DUT-MD-004	Statute	Maryland General Assembly (Health-General Article, Title 18, Subtitle 9)	standing	Maryland General Assembly (Health-General Article, Title 18, Subtitle 9), Statute (standing) (Ex. DUT-MD-004)	/library/DUT-MD-004	/exhibit/DUT-MD-004
Ex. DUT-MD-005	Statute	Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1, Emergency Management)	standing	Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1, Emergency Management), Statute (standing) (Ex. DUT-MD-005)	/library/DUT-MD-005	/exhibit/DUT-MD-005
Ex. DUT-MD-006	Statute	Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1)	standing	Maryland General Assembly (Public Safety Article, Title 14, Subtitle 1), Statute (standing) (Ex. DUT-MD-006)	/library/DUT-MD-006	/exhibit/DUT-MD-006
Ex. DUT-MD-007	Statute	Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A, Catastrophic Health Emergencies)	standing	Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A, Catastrophic Health Emergencies), Statute (standing) (Ex. DUT-MD-007)	/library/DUT-MD-007	/exhibit/DUT-MD-007
Ex. DUT-MD-008	Statute	Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A)	standing	Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Statute (standing) (Ex. DUT-MD-008)	/library/DUT-MD-008	/exhibit/DUT-MD-008
Ex. DUT-MD-009	Statute	Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A)	standing	Maryland General Assembly (Public Safety Article, Title 14, Subtitle 3A), Statute (standing) (Ex. DUT-MD-009)	/library/DUT-MD-009	/exhibit/DUT-MD-009
Ex. DUT-MD-010	Statute	Maryland General Assembly (Labor and Employment Article, Title 5, Maryland Occupational Safety and Health Act)	standing	Maryland General Assembly (Labor and Employment Article, Title 5, Maryland Occupational Safety and Health Act), Statute (standing) (Ex. DUT-MD-010)	/library/DUT-MD-010	/exhibit/DUT-MD-010
Ex. DUT-MD-011	Statute	Maryland General Assembly (Labor and Employment Article, Title 5, Subtitle 8)	standing	Maryland General Assembly (Labor and Employment Article, Title 5, Subtitle 8), Statute (standing) (Ex. DUT-MD-011)	/library/DUT-MD-011	/exhibit/DUT-MD-011
Ex. DUT-MD-012	Statute	Maryland General Assembly (Labor and Employment Article, Title 5, Subtitle 8)	standing	Maryland General Assembly (Labor and Employment Article, Title 5, Subtitle 8), Statute (standing) (Ex. DUT-MD-012)	/library/DUT-MD-012	/exhibit/DUT-MD-012
Ex. DUT-MD-013	Session law (Maryland Essential Workers' Protection Act), codified at Md. Code Ann., Lab. & Empl. §§ 3-1701 to 3-1709 (enacted as Subtitle 16, §§ 3-1601 to…	Maryland General Assembly (Chapter 736 of the Acts of 2021, House Bill 581; crossfile SB 486)	standing	Maryland General Assembly (Chapter 736 of the Acts of 2021, House Bill 581; crossfile SB 486), Session law (Maryland Essential Workers' Protection Act), codified at Md. Code Ann., Lab. & Empl. §§ 3-1701 to 3-1709 (enacted as Subtitle 16, §§ 3-1601 to 3-1609, and renumbered by the codifier) (standing) (Ex. DUT-MD-013)	/library/DUT-MD-013	/exhibit/DUT-MD-013
Ex. DUT-MD-014	Regulation	Secretary of Health (Code of Maryland Regulations, Title 10, Subtitle 06, Chapter 01, Communicable Diseases and Related Conditions of Public Health Importance)	standing	Secretary of Health (Code of Maryland Regulations, Title 10, Subtitle 06, Chapter 01, Communicable Diseases and Related Conditions of Public Health Importance), Regulation (standing) (Ex. DUT-MD-014)	/library/DUT-MD-014	/exhibit/DUT-MD-014
Ex. DUT-MD-015	Regulation	Secretary of Health (Code of Maryland Regulations, Title 10, Subtitle 15, Chapter 03, Food Service Facilities)	standing	Secretary of Health (Code of Maryland Regulations, Title 10, Subtitle 15, Chapter 03, Food Service Facilities), Regulation (standing) (Ex. DUT-MD-015)	/library/DUT-MD-015	/exhibit/DUT-MD-015
Ex. DUT-MD-016	MOSH Standards Notice 21-1 (adopting COMAR 09.12.29, Emergency Temporary Standards, published 48:18 Md. R. [21-121-E], August 27, 2021)	Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor (Acting Assistant Commissioner Michael A. Penn)	standing	Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor (Acting Assistant Commissioner Michael A. Penn), MOSH Standards Notice 21-1 (adopting COMAR 09.12.29, Emergency Temporary Standards, published 48:18 Md. R. [21-121-E], August 27, 2021) (Aug. 27, 2021) (Ex. DUT-MD-016)	/library/DUT-MD-016	/exhibit/DUT-MD-016
Ex. DUT-MD-017	Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 40 (D. Md. May 20, 2020) (refusing a preliminary injunction against the…	United States District Court for the District of Maryland (Blake, J.)	standing	United States District Court for the District of Maryland (Blake, J.), Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 40 (D. Md. May 20, 2020) (refusing a preliminary injunction against the Governor's orders) (Ex. DUT-MD-017)	/library/DUT-MD-017	/exhibit/DUT-MD-017
Ex. DUT-MD-018	Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 71 (D. Md. Nov. 18, 2020) (granting the motion to dismiss the amended…	United States District Court for the District of Maryland (Blake, J.)	standing	United States District Court for the District of Maryland (Blake, J.), Memorandum opinion, Antietam Battlefield KOA v. Hogan, No. 1:20-cv-01130-CCB, ECF No. 71 (D. Md. Nov. 18, 2020) (granting the motion to dismiss the amended complaint) (Ex. DUT-MD-018)	/library/DUT-MD-018	/exhibit/DUT-MD-018
Ex. DUT-MD-019	MOSH Fact Sheet (April 2020)	Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor	standing	Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor, MOSH Fact Sheet (April 2020) (standing) (Ex. DUT-MD-019)	/library/DUT-MD-019	/exhibit/DUT-MD-019
Ex. DUT-MD-020	MOSH Instruction 21-1	Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor	standing	Maryland Occupational Safety and Health (MOSH), Division of Labor and Industry, Maryland Department of Labor, MOSH Instruction 21-1 (Aug. 27, 2021) (Ex. DUT-MD-020)	/library/DUT-MD-020	/exhibit/DUT-MD-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. 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. MD-001	Proclamation: Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19	Governor Lawrence J. Hogan, Jr.	Mar. 5, 2020	Governor Lawrence J. Hogan, Jr, Proclamation: Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19 (Mar. 5, 2020) (Ex. MD-001)	/library/MD-001	/exhibit/MD-001
Ex. MD-008	Order of the Governor No. 20-04-15-01, Requiring Use of Face Coverings Under Certain Circumstances and Requiring Implementation of Certain Physical Distancing…	Governor Lawrence J. Hogan, Jr.	Apr. 15, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-04-15-01, Requiring Use of Face Coverings Under Certain Circumstances and Requiring Implementation of Certain Physical Distancing Measures (Apr. 15, 2020) (Ex. MD-008)	/library/MD-008	/exhibit/MD-008
Ex. MD-010	Order of the Governor No. 20-05-13-01 (Stage One, 'Safer at Home'), Amending and Restating the Order of May 6, 2020, Allowing Reopening of Certain Businesses…	Governor Lawrence J. Hogan, Jr.	May 13, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-05-13-01 (Stage One, 'Safer at Home'), Amending and Restating the Order of May 6, 2020, Allowing Reopening of Certain Businesses and Facilities, Subject to Local Regulation (May 13, 2020) (Ex. MD-010)	/library/MD-010	/exhibit/MD-010
Ex. MD-014	Order of the Governor No. 20-07-29-01, Amending and Restating the Order of June 10, 2020, Allowing Reopening of Certain Businesses and Facilities, Subject to…	Governor Lawrence J. Hogan, Jr.	July 29, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-07-29-01, Amending and Restating the Order of June 10, 2020, Allowing Reopening of Certain Businesses and Facilities, Subject to Local Regulation, and Generally Requiring Use of Face Coverings (July 29, 2020) (Ex. MD-014)	/library/MD-014	/exhibit/MD-014
Ex. MD-026	Order of the Governor No. 21-03-09-01, Amending and Restating the Order of February 23, 2021 (capacity limits lifted 5:00 p.m. Mar. 12, 2021; venue caps, seated…	Governor Lawrence J. Hogan, Jr.	Mar. 9, 2021	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 21-03-09-01, Amending and Restating the Order of February 23, 2021 (capacity limits lifted 5:00 p.m. Mar. 12, 2021; venue caps, seated service, masks and health-officer orders retained; Local Orders under para. I.d void) (Mar. 9, 2021) (Ex. MD-026)	/library/MD-026	/exhibit/MD-026
Ex. MD-027	Order of the Governor No. 21-03-09-02, Amending and Restating the Order of March 16, 2020 Relating to Various Health Care Matters	Governor Lawrence J. Hogan, Jr.	Mar. 9, 2021	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 21-03-09-02, Amending and Restating the Order of March 16, 2020 Relating to Various Health Care Matters (Mar. 9, 2021) (Ex. MD-027)	/library/MD-027	/exhibit/MD-027
Ex. MD-030	Order of the Governor No. 21-05-14-01, Amending and Restating the Order of May 12, 2021, Requiring Use of Face Coverings in Certain Circumstances (masks limited…	Governor Lawrence J. Hogan, Jr.	May 14, 2021	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 21-05-14-01, Amending and Restating the Order of May 12, 2021, Requiring Use of Face Coverings in Certain Circumstances (masks limited to transit, school buses, health care and schools; delegation order 20-04-05-02 rescinded) (May 14, 2021) (Ex. MD-030)	/library/MD-030	/exhibit/MD-030
Ex. MD-031	Order 21-06-15-01 Terminating Various Emergency Orders (June 15, 2021)	Governor Lawrence J. Hogan, Jr.	June 15, 2021	Governor Lawrence J. Hogan, Jr, Order 21-06-15-01 Terminating Various Emergency Orders (June 15, 2021) (Ex. MD-031)	/library/MD-031	/exhibit/MD-031
Ex. MD-038	Order of the Governor (Mar. 16, 2020), Temporarily Prohibiting Evictions of Tenants Suffering Substantial Loss of Income Due to COVID-19	Governor Lawrence J. Hogan, Jr.	Mar. 16, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor (Mar. 16, 2020), Temporarily Prohibiting Evictions of Tenants Suffering Substantial Loss of Income Due to COVID-19 (Ex. MD-038)	/library/MD-038	/exhibit/MD-038
Ex. MD-039	Order of the Governor No. 20-04-05-02, Delegating Authority to Local Health Officials to Control and Close Unsafe Facilities	Governor Lawrence J. Hogan, Jr.	Apr. 5, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-04-05-02, Delegating Authority to Local Health Officials to Control and Close Unsafe Facilities (Apr. 5, 2020) (Ex. MD-039)	/library/MD-039	/exhibit/MD-039
Ex. MD-041	MDH Directive and Order (Mar. 27, 2020) Amending and Restating the Directive and Order of March 21, 2020 Regarding Designation of Health Officers to Issue…	Robert R. Neall, Secretary of Health	Mar. 27, 2020	Robert R. Neall, Secretary of Health, MDH Directive and Order (Mar. 27, 2020) Amending and Restating the Directive and Order of March 21, 2020 Regarding Designation of Health Officers to Issue Quarantine and Isolation Directives and Orders (Ex. MD-041)	/library/MD-041	/exhibit/MD-041
Ex. MD-043	Order of the Governor No. 20-04-29-01, Amending and Restating the Order Dated April 5, 2020 Authorizing Various Actions Related to Nursing Homes and Other…	Governor Lawrence J. Hogan, Jr.	Apr. 29, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-04-29-01, Amending and Restating the Order Dated April 5, 2020 Authorizing Various Actions Related to Nursing Homes and Other Health Care Facilities (Apr. 29, 2020) (Ex. MD-043)	/library/MD-043	/exhibit/MD-043
Ex. MD-045	MDH Directive and Order Regarding Food Service Establishments, No. MDH 2020-06-10-01	Robert R. Neall, Secretary of Health	June 10, 2020	Robert R. Neall, Secretary of Health, MDH Directive and Order Regarding Food Service Establishments, No. MDH 2020-06-10-01 (Ex. MD-045)	/library/MD-045	/exhibit/MD-045
Ex. MD-051	MDH Directive and Order Regulating Certain Businesses and Facilities & General Directives Concerning Limiting the Spread of COVID-19, No. MDH 2021-03-09-01	Dennis R. Schrader, Acting Secretary of Health	Mar. 9, 2021	Dennis R. Schrader, Acting Secretary of Health, MDH Directive and Order Regulating Certain Businesses and Facilities & General Directives Concerning Limiting the Spread of COVID-19, No. MDH 2021-03-09-01 (Ex. MD-051)	/library/MD-051	/exhibit/MD-051
Ex. MD-054	MDH Amended Directive and Order Regulating Certain Businesses and Facilities & General Directives, No. MDH 2021-05-14-01 (face coverings in listed facilities…	Dennis R. Schrader, Secretary of Health	May 14, 2021	Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regulating Certain Businesses and Facilities & General Directives, No. MDH 2021-05-14-01 (face coverings in listed facilities; advisory recommendations; medical adult day care) (Ex. MD-054)	/library/MD-054	/exhibit/MD-054
Ex. MD-055	MDH Amended Directive and Order Regarding Various Healthcare Matters, No. MDH 2021-06-15-03 (testing and reporting; hospital surge capacity; in force to Dec.…	Dennis R. Schrader, Secretary of Health	June 15, 2021	Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Various Healthcare Matters, No. MDH 2021-06-15-03 (testing and reporting; hospital surge capacity; in force to Dec. 31, 2021) (Ex. MD-055)	/library/MD-055	/exhibit/MD-055
Ex. MD-056	MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-06-15-04	Dennis R. Schrader, Secretary of Health	June 15, 2021	Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-06-15-04 (Ex. MD-056)	/library/MD-056	/exhibit/MD-056
Ex. MD-057	MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-08-05-01 (State congregate facilities: proof of first dose by Sept. 1, 2021 or…	Dennis R. Schrader, Secretary of Health	Aug. 5, 2021	Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-08-05-01 (State congregate facilities: proof of first dose by Sept. 1, 2021 or weekly testing and PPE) (Ex. MD-057)	/library/MD-057	/exhibit/MD-057
Ex. MD-058	MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-08-18-01 (all hospital and nursing home staff: proof of first dose by Sept. 1, 2021)	Dennis R. Schrader, Secretary of Health	Aug. 18, 2021	Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-08-18-01 (all hospital and nursing home staff: proof of first dose by Sept. 1, 2021) (Ex. MD-058)	/library/MD-058	/exhibit/MD-058
Ex. MD-059	MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-08-18-02	Dennis R. Schrader, Secretary of Health	Aug. 18, 2021	Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-08-18-02 (Ex. MD-059)	/library/MD-059	/exhibit/MD-059
Ex. MD-060	MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-09-08-01 (adds section 6, Certain Residential Facilities: assisted living programs…	Dennis R. Schrader, Secretary of Health	Sept. 8, 2021	Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-09-08-01 (adds section 6, Certain Residential Facilities: assisted living programs and others) (Ex. MD-060)	/library/MD-060	/exhibit/MD-060
Ex. MD-061	MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-09-08-02	Dennis R. Schrader, Secretary of Health	Sept. 8, 2021	Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Nursing Home Matters, No. MDH 2021-09-08-02 (Ex. MD-061)	/library/MD-061	/exhibit/MD-061
Ex. MD-071	Proclamation: Renewal of Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19 (June 12, 2021 renewal; the last renewal…	Governor Lawrence J. Hogan, Jr.	June 12, 2021	Governor Lawrence J. Hogan, Jr, Proclamation: Renewal of Declaration of State of Emergency and Existence of Catastrophic Health Emergency -- COVID-19 (June 12, 2021 renewal; the last renewal retrieved) (Ex. MD-071)	/library/MD-071	/exhibit/MD-071
Ex. MD-073	COVID-19 Transition Plan (June 15, 2021): Emergency Orders Terminated on July 1; Orders in Effect During 45-Day Administrative Grace Period	Office of the Governor	June 15, 2021	Office of the Governor, COVID-19 Transition Plan (June 15, 2021): Emergency Orders Terminated on July 1; Orders in Effect During 45-Day Administrative Grace Period (Ex. MD-073)	/library/MD-073	/exhibit/MD-073
Ex. MD-076	Governor's release (June 15, 2021): Governor Hogan Announces End of COVID-19 State of Emergency; Emergency Mandates and Restrictions to End July 1, Followed By…	Office of Governor Larry Hogan (press release)	June 15, 2021	Office of Governor Larry Hogan (press release), Governor's release (June 15, 2021): Governor Hogan Announces End of COVID-19 State of Emergency; Emergency Mandates and Restrictions to End July 1, Followed By 45-Day Administrative Grace Period (Ex. MD-076)	/library/MD-076	/exhibit/MD-076
Ex. MD-077	Governor's release (Aug. 5, 2021): Governor Hogan Announces New Vaccination Protocols for State Employees	Office of Governor Larry Hogan (press release)	Aug. 5, 2021	Office of Governor Larry Hogan (press release), Governor's release (Aug. 5, 2021): Governor Hogan Announces New Vaccination Protocols for State Employees (Ex. MD-077)	/library/MD-077	/exhibit/MD-077
Ex. MD-089	Second Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency (May 24, 2021, effective June 1, 2021): Phase V…	Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland	May 24, 2021	Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland, Second Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency (May 24, 2021, effective June 1, 2021): Phase V with continuing health measures (Ex. MD-089)	/library/MD-089	/exhibit/MD-089
Ex. MD-090	Third Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency (Aug. 6, 2021, effective Aug. 9, 2021)	Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland	Aug. 6, 2021	Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland, Third Amended Administrative Order Expanding Statewide Judiciary Operations in Light of the COVID-19 Emergency (Aug. 6, 2021, effective Aug. 9, 2021) (Ex. MD-090)	/library/MD-090	/exhibit/MD-090
Ex. MD-091	Ninth Administrative Order Clarifying COVID-19 Health Measures in Courthouses and Judicial Branch Facilities (Aug. 6, 2021, effective Aug. 9, 2021): masks in…	Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland	Aug. 6, 2021	Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland, Ninth Administrative Order Clarifying COVID-19 Health Measures in Courthouses and Judicial Branch Facilities (Aug. 6, 2021, effective Aug. 9, 2021): masks in courthouses in substantial or high transmission jurisdictions (Ex. MD-091)	/library/MD-091	/exhibit/MD-091
Ex. MD-092	Administrative Order on COVID-19 Vaccination Requirements for Judiciary Personnel in Courthouses and Judicial Branch Facilities (Aug. 20, 2021)	Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland	Aug. 20, 2021	Chief Judge Mary Ellen Barbera, Court of Appeals of Maryland, Administrative Order on COVID-19 Vaccination Requirements for Judiciary Personnel in Courthouses and Judicial Branch Facilities (Aug. 20, 2021) (Ex. MD-092)	/library/MD-092	/exhibit/MD-092
Ex. MD-093	K-12 School and Childcare COVID-19 Guidance (Revised July 23, 2021)	Maryland Department of Health and Maryland State Department of Education	July 23, 2021	Maryland Department of Health and Maryland State Department of Education, K-12 School and Childcare COVID-19 Guidance (Revised July 23, 2021) (Ex. MD-093)	/library/MD-093	/exhibit/MD-093
Ex. MD-094	MDH Notice - Face Covering Recommendation (Effective July 1, 2021)	Dennis R. Schrader, Secretary of Health	June 30, 2021	Dennis R. Schrader, Secretary of Health, MDH Notice - Face Covering Recommendation (Effective July 1, 2021) (June 30, 2021) (Ex. MD-094)	/library/MD-094	/exhibit/MD-094
Ex. MD-095	Order of the Governor No. 21-05-12-01, Amending and Restating the Order of April 28, 2021, Regulating Certain Businesses and Facilities and Generally Requiring…	Governor Lawrence J. Hogan, Jr.	May 12, 2021	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 21-05-12-01, Amending and Restating the Order of April 28, 2021, Regulating Certain Businesses and Facilities and Generally Requiring Use of Face Coverings (remaining capacity limits lifted; indoor face coverings retained) (May 12, 2021) (Ex. MD-095)	/library/MD-095	/exhibit/MD-095
Ex. MD-098	Order of the Governor (Mar. 12, 2020) Extending Certain Licenses, Permits, Registrations	Governor Lawrence J. Hogan, Jr.	Mar. 12, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor (Mar. 12, 2020) Extending Certain Licenses, Permits, Registrations (Ex. MD-098)	/library/MD-098	/exhibit/MD-098
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=MD&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.