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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

South Carolina

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 389 instruments cited; 377 exhibit files held. Not legal advice.

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

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: State South Carolina and no metropolitan area (elsewhere in the State). Quarters: second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020), third quarter of 2020 (July 1, 2020 to Sept. 30, 2020), fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020), first quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021), second quarter of 2021 (Apr. 1, 2021 to June 30, 2021) and third quarter of 2021 (July 1, 2021 to Sept. 30, 2021). Options: the federal layer, agencies and boards, standing duties, group meetings and trade shows and the Service's fourteen sentences answered.

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

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

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

Disclaimer

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

2. Summary of findings

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

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

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

South Carolina, first day (Apr. 1, 2020): Apr. 1, 2020: State of Emergency (EO 2020-15, SC-008) in force; schools and colleges closed (EO 2020-09, SC-002, as extended); dine-in suspended and gatherings of 50+ at public facilities barred (EO 2020-10, SC-003); non-essential State employees barred from in-person work (EO 2020-11, SC-004); gatherings of 3+ dispersible (EO 2020-13, SC-006); 14-day traveler quarantine (EO 2020-14, SC-007); beaches and landings closed (EO 2020-16, SC-009); EO 2020-17 closures of entertainment, recreation and close-contact businesses took effect 5:00 p.m. that day (SC-010); Supreme Court eviction/foreclosure moratorium (SC-046) and family-court emergency-only order in force; jury trials continued from Apr. 3 (SC-047).

South Carolina, last day (June 30, 2020): June 30, 2020: State of Emergency (EO 2020-42, SC-025) in force; public schools closed and colleges remote for the emergency (EO 2020-40 § 2, SC-024); night clubs, concert venues, theaters, auditoriums, performing-arts centers, racetracks, adult entertainment and spectator sports still closed under EO 2020-18 as amended (SC-011, SC-024); restaurants open with dine-in under guidance; retail cap deleted (June 11); nursing-home visitation restricted (SC-024 § 1(C)); Supreme Court trial-court order as amended Apr. 22 (SC-048) in force (jury trials continued; in-person hearings limited); courthouse PPE order (SC-051); evictions resumed May 15 (SC-049).

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

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

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

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

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

South Carolina, first day (July 1, 2020): July 1, 2020: as of June 30 plus nothing new; alcohol curfew began July 11 (SC-026); courthouse mask mandate July 30 (SC-063).

South Carolina, last day (Sept. 30, 2020): Sept. 30, 2020: State of Emergency (EO 2020-62, chain SC-037) in force; EO 2020-50 (SC-027) in force: masks in State buildings; restaurant masks, 50 percent indoor capacity, 8 per table, 6-ft spacing; Gathering cap 50 percent / 250 with masks and Commerce approval; alcohol 11:00 p.m.-10:00 a.m. prohibition; State-employee telework directive; SCDE face-covering requirement in schools and buses (SC-057); courthouse masks (SC-063); jury trials only under approved plans.

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

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

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

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

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

South Carolina, first day (Oct. 1, 2020): Oct. 1, 2020: EO 2020-50 regime in force (restaurant 50 percent cap lifted the next day by EO 2020-63, SC-029, which kept restaurant masks, the gathering cap and the alcohol curfew).

South Carolina, last day (Dec. 31, 2020): Dec. 31, 2020: State of Emergency (EO 2020-77, SC-031) continuing EO 2020-73 (SC-030): restaurant mask mandate, Gathering cap 50 percent / 250 with masks, alcohol curfew, State-building masks, State-employee telework; SCDE school face coverings; Supreme Court: no jury trials after Dec. 4 (SC-064), trial-court order as amended Dec. 16 (SC-052) with masks, fever screening and 113 sq ft per person; all in-person proceedings suspended from Jan. 11, 2021 (SC-065, issued Jan. 6).

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

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

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

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

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

South Carolina, first day (Jan. 1, 2021): Jan. 1, 2021: as of Dec. 31, 2020.

South Carolina, last day (Mar. 31, 2021): Mar. 31, 2021: State of Emergency (EO 2021-15, chain SC-037) in force; EO 2021-12 (SC-033) had converted restaurant and State-building mask rules and gathering caps to guidelines (Mar. 5) and EO 2021-11 (SC-032) had rescinded the alcohol curfew (Mar. 1); agencies under order to return non-essential employees full-time; local mask ordinances continuing under EO 2021-12 § 2(G); SCDE school face coverings; Supreme Court in-person proceedings resumed Mar. 15, jury trials from Apr. 5 (SC-053); trial-court order as amended Mar. 4, 2021 with courthouse masks.

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

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

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

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

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

South Carolina, first day (Apr. 1, 2021): Apr. 1, 2021: as of Mar. 31, 2021.

South Carolina, last day (June 30, 2021): June 30, 2021: State of Emergency expired June 6-7, 2021 (EO 2021-25, SC-036, fifteen days from May 22); every gubernatorial order lapsed with it, including EO 2021-23 (SC-035) (local mask mandates invalidated May 11; vaccine passports barred; school-mask opt-out); Act 102 of 2021 (SC-044) in force (five-day in-person instruction); Supreme Court trial-court order as amended June 15, 2021 (SC-054) in force with courthouse masks and distancing, expiring Aug. 2; SCDE 2020-21 face-covering requirement ended with the school year; Provisos 1.108 and 117.190 (SC-045) took effect the next day.

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

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

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

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

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

South Carolina, first day (July 1, 2021): July 1, 2021: no gubernatorial COVID-19 order in force; Provisos 1.108 and 117.190 (Act 94, SC-045) effective; Act 102 § 1 and § 3 (SC-044); Supreme Court trial-court order as amended June 15, 2021 (SC-054) with the July 30, 2020 courthouse mask mandate (SC-063), six-foot distancing, 113 sq ft per person and fever screening; DHEC School and Childcare Exclusion List for 2021-22 (SC-062, rev. Aug. 24); federal layer.

South Carolina, last day (Sept. 30, 2021): Sept. 30, 2021: Supreme Court trial-court order as revised Aug. 27, 2021 (SC-056) with mitigation left to the Chief Justice; Provisos 1.108 and 117.190 in force but enforcement of 1.108 enjoined by the D.S.C. since Sept. 28 (SC-043 recites); Lucas decided that day (SC-042); DHEC Exclusion List (SC-062) governing exclusion of cases and quarantine of close contacts in every school and child-care facility; USC mask mandate sustained by Creswick (SC-040).

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

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

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

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

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

Layer2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Total
Federal layer179163160175165167330
State of South Carolina33181617141464
Agencies, boards and authorities2210002
Standing duties45505348524466
All layers259233230240231225462

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.

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

Federal layer

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

Guidelines for Opening Up America Again

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

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

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

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

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

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

QSO-20-14-NH (REVISED)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: None (guidance)

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

Ex. FED-157
QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)

QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials

CMS, Quality, Safety & Oversight Group, United States (nursing homes; State and local officials) (Federal)

Dates
In force from May 18, 2020 to Mar. 10, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Capacity limitGathering capHealth care orders
Functions reached
VS visitation phases; DN communal dining and group activities by phase; HR non-essential personnel entry by phase (salons, therapy, volunteers); RS admissions
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

Recommendations for State and Local Officials: CMS is providing recommendations to help determine the level of mitigation needed to prevent the transmission of COVID19 in nursing homes. The recommendations cover the following items: Criteria for relaxing certain restrictions and mitigating the risk of resurgence: Factors to inform decisions for relaxing nursing home restrictions through a phased approach. Visitation and Service Considerations: Considerations allowing visitation and services in each phase.... Given the critical importance in limiting COVID-19 exposure in nursing homes, decisions on relaxing restrictions should be made with careful review of a number of facility-level, community, and State factors/orders

Enforcement: Recommendations; implemented by State orders and directives and by survey

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157) Open the exhibit

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

Supreme Court Building closed to the public until further notice

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

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

Enforcement: Supreme Court Police

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

Ex. FED-338
General Order 20-0012 (original)

In re: Coronavirus COVID-19 Public Emergency

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

Dates
In force from Mar. 12, 2020 to Nov. 13, 2020
Quarters
2020 Q2
Limitations
Gathering capCourts and public offices
Functions reached
CT the first of the Chicago federal court's COVID-19 orders; civil jury trials continued from Mar. 12, 2020
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

hereby issues the following order effective immediately: 1. The United States Courthouses in Chicago and Rockford, Illinois will remain open for business, subject [to the following]... 2. The following events in the Northern District of Illinois, scheduled to begin before April 3, 2020, are continued pending further order of the Court: All civil jury trials [and civil and criminal bench trials, and criminal jury trials except as ordered]... 9. Effective March 14, all mass public gatherings, other than court proceedings, are suspended at both the Everett McKinley Dirksen U.S. Courthouse in Chicago and the Stanley J. Roszkowski U.S. Courthouse [in Rockford]... 12. The Court will vacate or amend this General Order no later than April 3, 2020. Dated at Chicago, Illinois this 12th day of March, 2020

Enforcement: court order

Citation: Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338) Open the exhibit

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ex. FED-291
Press release of March 16, 2020 (postponement of the March 2020 argument session)

Supreme Court postpones oral arguments scheduled for the March session

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

Dates
In force from Mar. 16, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Gathering capCourts and public offices
Functions reached
CT the highest court in the country suspended in-person argument for the first time since 1918; CS
Grade
Primary source read
Days in this quarter
107 (in force on the last day)

In keeping with public health precautions recommended in response to COVID-19, the Supreme Court is postponing the oral arguments currently scheduled for the March session (March 23-25 and March 30-April 1).... The Court postponed scheduled arguments for October 1918 in response to the Spanish flu epidemic. The Court also shortened its argument calendars in August 1793 and August 1798 in response to yellow fever outbreaks.

Enforcement: order of the Court

Citation: Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291) Open the exhibit

Ex. FED-317
General Order 72

In re: Coronavirus Disease Public Health Emergency

Chief Judge Phyllis J. Hamilton, United States District Court for the Northern District of California (San Francisco, Oakland, San Jose, Eureka) (Court)

Dates
In force from Mar. 16, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Gathering capCourts and public offices
Functions reached
CT the federal court for Silicon Valley and San Francisco suspended jury and grand-jury proceedings from Mar. 16, 2020; CS law firms, court reporters, process servers
Grade
Primary source read
Days in this quarter
46

[Bay Area health officers have ordered the public to] postpone in-person events consisting of 50 people or more;... hereby issues the following Order, effective immediately: 1. No jury trial will be commenced before May 1, 2020. Any trial dates currently scheduled [before that date will be vacated]... 3. Appearances before the district judges may be waived or postponed, if required by [the parties' health]... 5. All grand jury proceedings in this district are suspended until May 1, 2020.

Enforcement: court order

Citation: Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317) Open the exhibit

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

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

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

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

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

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

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

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

Hoover Dam temporarily closed to all visitors

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

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

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

Enforcement: Reclamation facility order

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

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

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

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

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

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

Enforcement: agency closure

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

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

National Park Service to Temporarily Suspend Park Entrance Fees

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

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

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

Enforcement: Secretarial direction

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

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

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

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

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

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

Enforcement: court order; U.S. Marshals

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

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

In re: Restrictions on Visitors to Courthouses

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

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

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

Enforcement: court order; court security officers

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

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

USDA Service Centers Open for Business by Phone Appointment Only

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

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

Enforcement: USDA operating directive

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

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

BLM Temporarily Closes Developed Recreation Facilities in Oregon

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

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

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

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

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

Ex. FED-293
Press release of April 3, 2020 (postponement of the April 2020 argument session)

Supreme Court postpones the April session oral arguments

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

Dates
In force from Apr. 3, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Gathering capCourts and public offices
Functions reached
CT
Grade
Primary source read
Days in this quarter
89 (in force on the last day)

In keeping with public health guidance in response to COVID-19, the Court will postpone the oral arguments currently scheduled for the April session (April 20-22 and April 27-29). The Court will consider rescheduling some cases from the March and April sessions before the end of the Term, if circumstances permit in light of public health and safety guidance at that time.

Enforcement: order of the Court

Citation: Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293) Open the exhibit

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

Non-Emergent, Elective Medical Services, and Treatment Recommendations

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

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

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

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

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

Ex. FED-294
Press release of April 13, 2020 (telephone arguments in May 2020)

Supreme Court to hear oral arguments by telephone conference on May 4-6 and 11-13, 2020

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

Dates
In force from Apr. 13, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Gathering capCourts and public offices
Functions reached
CT
Grade
Primary source read
Days in this quarter
79 (in force on the last day)

The Court will hear oral arguments by telephone conference on May 4, 5, 6, 11, 12 and 13 in a limited number of previously postponed cases.... In keeping with public health guidance in response to COVID-19, the Justices and counsel will all participate remotely. The Court anticipates providing a live audio feed of these arguments to news media.

Enforcement: order of the Court

Citation: Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294) Open the exhibit

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

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

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

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

Ex. FED-318
General Order 72-2

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

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

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

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

Enforcement: court order

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

Ex. FED-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
42 (in force on the last day)

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

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

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

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

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

Enforcement: court order; court security

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

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

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

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

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

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

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

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

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

Determination that a Public Health Emergency Exists

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

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

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

Enforcement: Predicate; the enabled instruments carry their own enforcement

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

Ex. FED-200
Proclamation 9984

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: Framework for FDA emergency use authorizations

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

Ex. FED-001
Proclamation 9994

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

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

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

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

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

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

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

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

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

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

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

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

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

Ex. FED-201
Proclamation 9992

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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
110 (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-164
CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-12-All, Suspension of Survey Activities

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

Dates
In force from Mar. 4, 2020 to May 1, 2023
Quarters
2020 Q2
Limitations
Health care ordersCourts and public offices
Functions reached
CT/HR certification and survey functions (initial certification and change-of-ownership surveys delayed for new providers and acquirers)
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

Specifically, CMS is suspending non-emergency inspections across the country, allowing inspectors to turn their focus on the most serious health and safety threats like infectious diseases and abuse.... Effective immediately, survey activity is limited to the following (in Priority Order): All immediate jeopardy complaints... Complaints alleging infection control concerns, including facilities with potential COVID-19 or other respiratory illnesses; Statutorily required recertification surveys (Nursing Home, Home Health, Hospice, and ICF/IID facilities); Any re-visits necessary to resolve current enforcement actions; Initial certifications; Surveys of facilities/hospitals that have a history of infection control deficiencies

Enforcement: Governs federal survey operations

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-164) Open the exhibit

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

Guidance on Preparing Workplaces for COVID-19

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

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

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

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

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

Ex. FED-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
110 (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

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

State of South Carolina

Ex. SC-013
Executive Order No. 2020-21

Stay at Home or Work Order Due to COVID-19 ('Home or Work Order')

Governor Henry McMaster, South Carolina (State)

Dates
In force from Apr. 7, 2020 to May 4, 2020 (issued Apr. 6, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureCapacity limitGathering capTravel and quarantine
Functions reached
CB customer base confined to home except for Essential Activities; SF sales floor (20 percent cap); SH showings and open houses; CS client meetings and site visits; MK events; WF workforce; TV travel
Grade
Primary source read
Days in this quarter
28

effective Tuesday, April 7, 2020, at 5:00 p.m., any and all residents and visitors of the State of South Carolina are required to limit social interaction, practice 'social distancing' in accordance with CDC guidance, and take every possible precaution to avoid potential exposure to, and to slow the spread of, COVID-19, and shall limit their movements outside of their home, place of residence, or current place of abode (collectively, 'Residence'), except as allowed by this Order, for purposes of engaging in Essential Business, Essential Activities, or Critical Infrastructure Operations... Emergency Maximum Occupancy Rate. The business shall limit the number of customers allowed to enter and simultaneously occupy the premises so as not to exceed five (5) customers per 1,000 square feet of retail space, or twenty percent (20%) of the occupancy limit as determined by the fire marshal…

Enforcement: § 16-7-10(A) misdemeanor ($100 / 30 days); § 1-3-440(4) injunction and mandamus; DHEC Emergency Health Powers Act; preemption of conflicting local rules

Citation: Governor Henry McMaster, Executive Order No. 2020-21 (Apr. 6, 2020) (Ex. SC-013) Open the exhibit

Ex. SC-024
Executive Order No. 2020-40

State of Emergency (with School Closures, Protection of First Responders, Transportation Waivers, and Modification of Prior Emergency Measures and Non-Essential Business Closures)

Governor Henry McMaster, South Carolina (State)

Dates
In force from June 11, 2020 to June 26, 2020
Quarters
2020 Q2
Limitations
Emergency declarationBusiness closureCapacity limitGathering capSchools and child careHealth care orders
Functions reached
IN instruction (schools closed, colleges remote); WF workforce; CP campus housing; VS visitation; SF retail cap removed; AM bowling; EVT public-venue events
Grade
Primary source read
Days in this quarter
16

I hereby direct the continued closure of all public schools in the State of South Carolina for students and non-essential employees for the duration of the State of Emergency.... I further authorize all state-supported colleges, universities, and technical colleges... to continue to provide instruction by delivering virtual and remote learning, by housing only out-of-state or displaced students, and by restricting on-campus services and activities to emergency or other critical personnel... I further direct DHEC to restrict visitation to nursing homes and assisted living facilities, with the exception of end-of-life situations... [§ 5(A) deletes EO 2020-10 § 5 (the 50-person cap at public facilities); § 5(B) deletes EO 2020-28 § 2(B) (the retail occupancy cap); § 5(C) authorizes bowling alleys to re-open].... the provisions of the following Orders shall remain in full force and effect…

Enforcement: § 6: § 16-7-10(A); § 1-3-440(4); DHEC

Citation: Governor Henry McMaster, Executive Order No. 2020-40 (June 11, 2020) (Ex. SC-024) Open the exhibit

Ex. SC-003
Executive Order No. 2020-10

Directing Additional Emergency Measures in Response to COVID-19

Governor Henry McMaster, South Carolina (State)

Dates
In force from Mar. 18, 2020 to May 4, 2020 (issued Mar. 17, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering capAlcohol and barsEvents and venues
Functions reached
DR dining room; BA bar service; TO takeout (permitted); BQ banquets and events at public venues; EVT events at convention centers, coliseums, arenas and civic centers owned by the State or its subdivisions; CB customer base
Grade
Primary source read
Days in this quarter
48

any and all restaurants or other food-service establishments... which prepare, produce, or otherwise offer or sell food or beverages of any kind for on-premises consumption in the State of South Carolina, shall suspend services for, and may not permit, on-premises or dine-in consumption, beginning Wednesday, March 18, 2020, and through Tuesday, March 31, 2020.... I hereby prohibit and direct the postponement, rescheduling, or cancellation, as applicable, of any organized event or public gathering scheduled to be hosted or held at any location or facility owned or operated by the State of South Carolina, or any political subdivision thereof... if any such event or gathering could or would involve or require simultaneously convening fifty (50) or more persons in a single room, area, or other confined indoor or outdoor space.

Enforcement: § 16-7-10(A) (misdemeanor; fine not more than $100 or imprisonment not more than 30 days); DOR and SLED authorized to administer and enforce, with summary suspension of alcohol licenses under § 1-23-370(c); §§ 1-3-430, 1-3-440 injunction and mandamus

Citation: Governor Henry McMaster, Executive Order No. 2020-10 (Mar. 17, 2020) (Ex. SC-003) Open the exhibit

Ex. SC-006
Executive Order No. 2020-13

Authorizing Law Enforcement to Maintain Order, Ensure Public Safety, and Preserve Public Health During the State of Emergency

Governor Henry McMaster, South Carolina (State)

Dates
In force from Mar. 23, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Stay-at-homeGathering capOther
Functions reached
GATH every gathering of three or more persons outside the home; MK events and shows; SF sales floors and waiting areas; JS job sites and crews; WS worship
Grade
Primary source read
Days in this quarter
100 (in force on the last day)

I hereby authorize, order, and direct any and all law enforcement officers of the State, or any political subdivision thereof, in accordance with section 16-7-10 of the South Carolina Code of Laws and other applicable law, to prohibit or disperse any congregation or gathering of people, unless authorized or in their homes, in groups of three (3) or more people, if any such law enforcement official determines, in their discretion, that any such congregation or gathering of people poses, or could pose, a threat to public health.

Enforcement: § 16-7-10(A): any individual who 'refuse[s] to disperse upon order of a law enforcement officer,' 'wilfully fail[s] or refuse[s] to comply with any lawful order or direction of any law enforcement officer,' or otherwise violates any Order 'is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days'; § 1-3-440(4)…

Citation: Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006) Open the exhibit

Ex. SC-009
Executive Order No. 2020-16

Emergency Access Restrictions for Public Beaches and Waters

Governor Henry McMaster, South Carolina (State)

Dates
In force from Mar. 30, 2020 to Apr. 21, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capTravel and quarantine
Functions reached
CB coastal tourism customer base; LG lodging demand; AM amenities
Grade
Primary source read
Days in this quarter
23

any and all public beach access points, to include any adjacent or associated public parking lots or other public facilities, shall be closed to public access for recreational purposes for the duration of the State of Emergency

Enforcement: § 16-7-10(A); § 1-3-440(4)

Citation: Governor Henry McMaster, Executive Order No. 2020-16 (Mar. 30, 2020) (Ex. SC-009) Open the exhibit

Ex. SC-012
Executive Order No. 2020-19

Lodging and Travel Restrictions for Individuals Entering South Carolina from High-Risk Areas

Governor Henry McMaster, South Carolina (State)

Dates
In force from Apr. 3, 2020 to May 1, 2020
Quarters
2020 Q2
Limitations
Business closureCapacity limitTravel and quarantine
Functions reached
LG lodging and occupancy; GS group sales; TV travel demand; CB the Northeast leisure and business traveler base; PM short-term-rental management
Grade
Primary source read
Days in this quarter
29

any and all individuals, entities, or establishments engaged in the provision of short-term rentals, vacation rentals, or other lodging accommodations or operations in exchange for consideration (collectively 'Lodging')... in the State of South Carolina are prohibited from making or accepting new reservations or bookings from or for individuals residing in or travelling from any country, state, municipality, or other geographic area subject to or identified in a CDC travel advisory or other CDC notice as a location with extensive community transmission of COVID-19, to include the Tri-State Area (consisting of the States of New York, New Jersey, and Connecticut).

Enforcement: § 2: § 16-7-10(A) ($100 / 30 days); § 1-3-440(4); DHEC Emergency Health Powers Act; § 3(B) preemption

Citation: Governor Henry McMaster, Executive Order No. 2020-19 (Apr. 3, 2020) (Ex. SC-012) Open the exhibit

Ex. SC-011
Executive Order No. 2020-18

Closure of Additional Non-Essential Businesses, Venues, Facilities, Services, and Activities for Public Use

Governor Henry McMaster, South Carolina (State)

Dates
In force from Apr. 6, 2020 to Apr. 20, 2020 (issued Apr. 3, 2020)
Quarters
2020 Q22020 Q3
Limitations
Business closureCapacity limitEvents and venues
Functions reached
SF sales floor closed; CU curbside and online (permitted); ML malls; ST stockroom; CB customer base; FC/PE/SL as in EO 2020-17
Grade
Primary source read
Days in this quarter
15

effective Monday, April 6, 2020, at 5:00 p.m., the following additional 'non-essential' businesses, venues, facilities, services, and activities shall be closed to non-employees and shall not be open for access or use by the public... 1. Retail stores as follows: (a) Furniture and home-furnishings stores (b) Clothing, shoe, and clothing-accessory stores (c) Jewelry, luggage, and leather goods stores (d) Department stores, with the exception of hardware and home-improvement stores (e) Sporting goods stores (f) Book, craft, and music stores (g) Flea markets (h) Florists and flower stores.... This Section does not prohibit the continued operation of retail stores... for the limited purpose of fulfilling online or telephone orders or providing alternate means of purchasing or delivering products or services--to include curbside purchase, pickup, or delivery

Enforcement: § 3: § 16-7-10(A) ($100 / 30 days); § 1-3-440(4); DHEC; Department of Commerce determination process (§ 2)

Citation: Governor Henry McMaster, Executive Order No. 2020-18 (Apr. 3, 2020) (Ex. SC-011) Open the exhibit

Ex. SC-015
Executive Order No. 2020-28

Modification of Emergency Restrictions for Public Beaches and Waters and Incremental Modification of Non-Essential Business Closures

Governor Henry McMaster, South Carolina (State)

Dates
In force from Apr. 20, 2020 to June 11, 2020
Quarters
2020 Q2
Limitations
Business closureCapacity limitWorkplace rules
Functions reached
SF sales floor (20 percent cap); CU curbside; ML malls; CB customer base
Grade
Primary source read
Days in this quarter
53

any retail business identified by general description above, or previously authorized to continue operations... shall be subject to the following emergency rules and restrictions... 1. Emergency Maximum Occupancy Rate. The business shall limit the number of customers allowed to enter and simultaneously occupy the premises so as not to exceed five (5) customers per 1,000 square feet of retail space, or twenty percent (20%) of the occupancy limit as determined by the fire marshal, whichever is less. 2. Social Distancing Practices. The business shall not knowingly allow customers, patrons, or other guests to congregate within six (6) feet of one another, exclusive of family units. 3. Sanitation.

Enforcement: § 16-7-10(A); § 1-3-440(4); Department of Commerce determinations

Citation: Governor Henry McMaster, Executive Order No. 2020-28 (Apr. 20, 2020) (Ex. SC-015) Open the exhibit

Ex. SC-018
Executive Order No. 2020-31

Modification of Home or Work Order and Authorization of Outdoor Dining Services

Governor Henry McMaster, South Carolina (State)

Dates
In force from May 4, 2020 to June 30, 2020 (issued May 3, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closure
Functions reached
CB customer base released from the movement restriction; DR dining room (outdoor only); BA bar
Grade
Primary source read
Days in this quarter
58 (in force on the last day)

by deleting Section 1(B) in its entirety and substituting the following language, effective Monday, May 4, 2020, at 12:01 a.m.: B. I hereby urge any and all residents and visitors of the State of South Carolina to limit social interaction... and further encourage residents and visitors... to limit their movements outside of their home... [and] authorize Restaurants to provide outdoor customer dining services, effective Monday, May 4, 2020, at 12:01 a.m., in addition to previously authorized services for off-premises consumption.

Enforcement: EO 2020-13 dispersal authority expressly continued (§ 1(C)); § 3(C) preemption

Citation: Governor Henry McMaster, Executive Order No. 2020-31 (May 3, 2020) (Ex. SC-018) Open the exhibit

Ex. SC-019
Executive Order No. 2020-34

Authorization of Limited Indoor Dining Services and Rescission of Boating Restrictions

Governor Henry McMaster, South Carolina (State)

Dates
In force from May 11, 2020 to Aug. 3, 2020 (issued May 8, 2020)
Quarters
2020 Q22020 Q3
Limitations
Business closureCapacity limit
Functions reached
DR dining room (limited indoor); BA bar; CB
Grade
Primary source read
Days in this quarter
51 (in force on the last day)

authorize Restaurants, as defined therein, to provide services for limited indoor, on-premises customer dining, effective Monday, May 11, 2020, at 12:01 a.m., in addition to previously authorized services for off-premises consumption and outdoor customer dining.... Restaurants that elect to provide limited indoor, on-premises customer dining services... should consider and incorporate industry guidelines regarding the same, such as those prepared and published by the South Carolina Restaurant and Lodging Association

Enforcement: EO 2020-13 dispersal authority continued (§ 2(C)); DHEC authorized to issue rules

Citation: Governor Henry McMaster, Executive Order No. 2020-34 (May 8, 2020) (Ex. SC-019) Open the exhibit

Ex. SC-002
Executive Order No. 2020-09

Closing Public Schools, Cancelling Elections, etc. Due to Coronavirus

Governor Henry McMaster, South Carolina (State)

Dates
In force from Mar. 16, 2020 to June 11, 2020 (issued Mar. 15, 2020)
Quarters
2020 Q2
Limitations
Gathering capSchools and child careCourts and public offices
Functions reached
WF workforce (every parent of a public-school child); IN in-person instruction; CP campus housing and dining; CB families and student customers
Grade
Primary source read
Days in this quarter
88

I hereby direct the closure of all public schools in the State of South Carolina for students and non-essential employees beginning Monday, March 16, 2020, and through Tuesday, March 31, 2020... This Order applies to all students and employees of public schools, to include state-supported colleges, universities, and technical colleges... I hereby direct that any election... scheduled to be held... on or before May 1, 2020, shall be postponed and rescheduled.... I urge that indoor and outdoor public gatherings be cancelled, postponed, or rescheduled, to the extent possible, or limited so as not to exceed one hundred (100) people.

Enforcement: Order 'effective immediately'; enforcement under §§ 1-3-430, 1-3-440 and the State of Emergency

Citation: Governor Henry McMaster, Executive Order No. 2020-09 (Mar. 15, 2020) (Ex. SC-002) Open the exhibit

Ex. SC-038
Local stay-at-home ordinances (Columbia and Charleston, adopted Mar. 26, 2020, effective before the State's Home or Work Order of Apr. 7) and local face-covering ordinances (Greenville from June 22-23, 2020; Charleston from July 1, 2020; Columbia, Richland County, Charleston County, Myrtle Beach and Horry County from July 2020), renewed every sixty days

Emergency ordinances requiring face coverings in retail, grocery, pharmacy and food-service settings; municipal stay-at-home ordinances

city and county councils (emergency ordinances under S.C. Code §§ 4-9-130 and 5-7-250), City of Columbia; City of Charleston; City of Greenville; Richland County; Charleston County; City of Myrtle Beach; Horry County; Town of Lexington; City of North Myrtle Beach (principal local instruments) (City)

Dates
In force from Mar. 26, 2020 to May 11, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Stay-at-homeFace-covering requirementWorkplace rules
Functions reached
SF sales floor; DR dining room; SL salons; CB customers under mask condition; HR employee screening and PPE
Grade
Confirmed from a secondary source
Days in this quarter
97 (in force on the last day)

Enforcement: Civil infractions (Richland County's 2021 form: $25 per person, $100 per business, each day a separate offense); municipal penalties

Citation: city and county councils (emergency ordinances under S.C. Code §§ 4-9-130 and 5-7-250), Local stay-at-home ordinances (Columbia and Charleston, adopted Mar. 26, 2020, effective before the State's Home or Work Order of Apr. 7) and local face-covering ordinances (Greenville from June 22-23, 2020; Charleston from July 1, 2020; Columbia, Richland County, Charleston County, Myrtle Beach and Horry County from July 2020), renewed every sixty days (Ex. SC-038)

Ex. SC-010
Executive Order No. 2020-17

Closure of Non-Essential Businesses, Venues, Facilities, Services, and Activities for Public Use

Governor Henry McMaster, South Carolina (State)

Dates
In force from Apr. 1, 2020 to Apr. 3, 2020 (issued Mar. 31, 2020)
Quarters
2020 Q2
Limitations
Business closureTelework mandateEvents and venues
Functions reached
FC facilities; CL classes; PE performances and cinemas; SP sports; AM amusement; SL salon and barber services; MK events; CB customer base
Grade
Primary source read
Days in this quarter
3

effective Wednesday, April 1, 2020, at 5:00 p.m., the following 'non-essential' businesses, venues, facilities, services, and activities shall be closed to non-employees and shall not be open for access or use by the public--to include members, if access or use is ordinarily restricted to or based on membership--or shall not take place, as applicable

Enforcement: § 3: § 16-7-10(A) misdemeanor ($100 / 30 days); § 1-3-440(4) injunction and mandamus; DHEC Emergency Health Powers Act; Department of Commerce 'clarification and provisional determination' process for whether a business is 'non-essential'

Citation: Governor Henry McMaster, Executive Order No. 2020-17 (Mar. 31, 2020) (Ex. SC-010) Open the exhibit

Ex. SC-047
Order re Operation of the Trial Courts During the Coronavirus Emergency (2020-04-03-01)

Statewide trial-court operations order: jury trials continued; hearings remote or limited to ten persons

Supreme Court of South Carolina, South Carolina (Court)

Dates
In force from Apr. 3, 2020 to Apr. 22, 2020
Quarters
2020 Q2
Limitations
Gathering capCourts and public officesWorkplace rules
Functions reached
CT courts (jury trials suspended; in-person hearings capped); CL closings (remote oaths; notaries for depositions); PJ client litigation projects; CB legal-services customer base
Grade
Primary source read
Days in this quarter
20

Jury Trials. All jury selections and jury trials in all criminal and civil cases are continued until further notice.... A hearing on a motion or other matter may be conducted using remote communication technology... If an in-person hearing is conducted, only attorneys, the parties, and necessary witnesses will be allowed to appear. The total number of participants should not exceed ten (10) people.... Until further order of this Court, preliminary hearings will not be conducted.... the due dates for all trial court filings due on or after the effective date of this order are hereby extended for thirty (30) days.

Enforcement: 'In the event of a conflict between this order and [the court rules]... this order shall control'; replaces the Chief Justice's Mar. 16, 2020 memoranda and the Mar. 18 family-court order

Citation: Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (2020-04-03-01) (Ex. SC-047) Open the exhibit

Ex. SC-048
Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended April 22, 2020) (2020-04-22-01)

Amended statewide trial-court operations order

Supreme Court of South Carolina, South Carolina (Court)

Dates
In force from Apr. 22, 2020 to Dec. 16, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Gathering capCourts and public officesWorkplace rules
Functions reached
CT courts; CL closings; PJ litigation projects
Grade
Primary source read
Days in this quarter
70 (in force on the last day)

Jury Trials. All jury selections and jury trials in all criminal and civil cases are continued until further notice. [remote hearings; in-person attendance limited; filings and oaths provisions as in SC-047, with amendments]

Enforcement: Order controls over conflicting court rules

Citation: Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended April 22, 2020) (2020-04-22-01) (Ex. SC-048) Open the exhibit

Ex. SC-049
Order re Statewide Evictions and Foreclosures (2020-04-30-02)

Resumption of evictions and foreclosures May 15, 2020 with CARES Act certification

Chief Justice Donald W. Beatty, South Carolina (Court)

Dates
In force from May 15, 2020 to Sept. 30, 2020 (issued Apr. 30, 2020)
Quarters
2020 Q22020 Q3
Limitations
Gathering capFace-covering requirementCourts and public offices
Functions reached
PM evictions; SV foreclosure and servicing; CB
Grade
Primary source read
Days in this quarter
47 (in force on the last day)

IT IS ORDERED that all evictions currently ordered and scheduled statewide shall resume May 15, 2020.... Master-in-Equity courts statewide shall resume foreclosure hearings, foreclosure sales, issuing writs of assistance and writs of ejectments... beginning May 15, 2020.... the judge shall require the person or entity pursuing eviction or foreclosure to certify in writing that the real estate at issue is not subject to the limitations and requirements of the federal Coronavirus Aid, Relief, and Economic Security Act.... any in-person hearings held pursuant to this order must be staggered... There shall be at least 30 minutes between the ending of a hearing and the beginning of another.... Judges are authorized to require that everyone attending in-person hearings wear a mask or other facial covering.

Enforcement: Administrative order; supersedes the Mar. 18, 2020 order

Citation: Chief Justice Donald W. Beatty, Order re Statewide Evictions and Foreclosures (2020-04-30-02) (Ex. SC-049) Open the exhibit

Ex. SC-021
Executive Order No. 2020-36

Additional Incremental Modification of Non-Essential Business Closures

Governor Henry McMaster, South Carolina (State)

Dates
In force from May 18, 2020 to June 30, 2020 (issued May 15, 2020)
Quarters
2020 Q2
Limitations
Business closureWorkplace rules
Functions reached
FC facilities; CL classes; SL salon and barber services; CB
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

authorize the following businesses... which were previously deemed 'non-essential' and directed to close to non-employees and not to open for access or use by the public... to re-open to non-employees and for access or use by the public, effective Monday, May 18, 2020, at 12:01 a.m.... [businesses] should consider and incorporate any corresponding industry guidelines regarding the same, in addition to undertaking and implementing all reasonable steps to comply with any applicable sanitation guidance promulgated by the CDC, DHEC, or any other state or federal public health officials.

Enforcement: Remaining EO 2020-18 and 2020-21 provisions continued 'for the duration of the State of Emergency' (§ 1(D)); DHEC and Commerce authorized to issue rules

Citation: Governor Henry McMaster, Executive Order No. 2020-36 (May 15, 2020) (Ex. SC-021) Open the exhibit

Ex. SC-022
Executive Order No. 2020-37

Additional Incremental Modification of Non-Essential Business Closures

Governor Henry McMaster, South Carolina (State)

Dates
In force from May 22, 2020 to June 30, 2020 (issued May 21, 2020)
Quarters
2020 Q2
Limitations
Business closure
Functions reached
AM amusement and attractions; SP sports and leagues; CB
Grade
Primary source read
Days in this quarter
40 (in force on the last day)

authorize the following businesses, venues, facilities, services, and activities... to re-open to non-employees and for access or use by the public, effective Friday, May 22, 2020, at 12:01 a.m.: 1. Entertainment venues and facilities as follows: (a) Arcades (b) Tourist attractions (including museums, aquariums, and planetariums) (c) Indoor children's play areas... (d) Bingo halls (e) Venues operated by social clubs 2. Recreational and athletic facilities and activities as follows: (a) Sports that involve interaction in close proximity... (b) Activities that require the use of shared sporting apparatus and equipment (c) Activities on commercial or public playground equipment

Enforcement: Remaining closures continued (§ 1(D)); § 2(C) preemption

Citation: Governor Henry McMaster, Executive Order No. 2020-37 (May 21, 2020) (Ex. SC-022) Open the exhibit

Ex. SC-001
Executive Order No. 2020-08

State of Emergency Due to Coronavirus (COVID-19)

Governor Henry McMaster, South Carolina (State)

Dates
In force from Mar. 13, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Emergency declarationSchools and child careHealth care orders
Functions reached
VS visitation (nursing homes, assisted living, prisons); WF workforce (school closures in two counties); CB residents and admissions of long-term care
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

I hereby declare that a State of Emergency exists in South Carolina.... DHEC is immediately vested with those emergency powers set forth in the Emergency Health Powers Act... I further direct DHEC to restrict visitation to nursing homes and assisted living facilities, with the exception of end-of-life situations, as DHEC deems necessary and appropriate.... I hereby order the closure of all public schools, to include state-supported colleges, universities, and technical colleges, in the following counties: Kershaw and Lancaster, beginning Monday, March 16, 2020, which shall remain closed for a period of fourteen (14) days

Enforcement: S.C. Code §§ 1-3-430, 1-3-440 (enforcement 'by use of all appropriate available means'; injunction, mandamus); § 39-5-145 price-gouging prohibitions activated (§ 7)

Citation: Governor Henry McMaster, Executive Order No. 2020-08 (Mar. 13, 2020) (Ex. SC-001) Open the exhibit

Ex. SC-039
Restriction of visitation to nursing homes and assisted living facilities (directive to DHEC)

Nursing-home and assisted-living visitation restriction

South Carolina Department of Health and Environmental Control (DHEC), acting under the Governor's directive, South Carolina (Sector regulator)

Dates
In force from Mar. 13, 2020 to Dec. 23, 2020
Quarters
2020 Q22020 Q3
Limitations
Health care orders
Functions reached
VS visitation; IN admissions and family involvement; RS residential care operations; CR clergy and counseling visitation
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

I further direct DHEC to restrict visitation to nursing homes and assisted living facilities, with the exception of end-of-life situations, as DHEC deems necessary and appropriate. (EO 2020-08 § 2; EO 2020-40 § 1(C); EO 2020-53 § 1(C))

Enforcement: DHEC licensing authority over facilities (Regs. 61-17, 61-84); Emergency Health Powers Act

Citation: South Carolina Department of Health and Environmental Control (DHEC), acting under the Governor's directive, Restriction of visitation to nursing homes and assisted living facilities (directive to DHEC) (Mar. 13, 2020) (Ex. SC-039) Open the exhibit

Ex. SC-046
Order re Statewide Evictions and Foreclosures (2020-03-18-01)

Statewide moratorium on eviction and foreclosure proceedings

Chief Justice Donald W. Beatty, Supreme Court of South Carolina, South Carolina (Court)

Dates
In force from Mar. 18, 2020 to May 15, 2020
Quarters
2020 Q2
Limitations
Courts and public offices
Functions reached
PM property management (evictions); SV servicing, foreclosure; CL closings and title; CB tenant and borrower base
Grade
Primary source read
Days in this quarter
59

In recognition of the difficulties the COVID-19 pandemic may have on institutions, individuals, and court personnel... [statewide evictions and foreclosures suspended]; as SC-049 recites: 'a statewide moratorium on evictions and foreclosures proceedings was ordered.'

Enforcement: Administrative order binding every trial court; superseded the Mar. 17, 2020 evictions order (2020-03-17-02)

Citation: Chief Justice Donald W. Beatty, Supreme Court of South Carolina, Order re Statewide Evictions and Foreclosures (2020-03-18-01) (Ex. SC-046) Open the exhibit

Ex. SC-004
Executive Order No. 2020-11

Additional Emergency Measures and Regulatory Relief re COVID-19

Governor Henry McMaster, South Carolina (State)

Dates
In force from Mar. 20, 2020 to Mar. 5, 2021 (issued Mar. 19, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Telework mandateHealth care ordersCourts and public officesOther
Functions reached
OF/OP office and administration (State workforce removed from workplaces); CT courts, agencies, recorders and licensing counters (State counters closed to non-essential staff); CB State-agency customers of contractors, vendors and lessors; IP hospital capacity (bed and CON rules suspended)
Grade
Primary source read
Days in this quarter
103 (in force on the last day)

I hereby direct that all non-essential employees and staff of the State of South Carolina, as described below, shall not report to work, physically or in-person, effective Friday, March 20, 2020, and until further notice.... state agencies and departments shall utilize, to the maximum extent possible, telecommuting or work-from-home options for non-essential employees and staff.... I hereby prohibit any county, municipality, or other political subdivision of the State of South Carolina from closing any location or facility that is occupied or utilized, in whole or in part, by any agency, department, official, or employee of the State.

Enforcement: §§ 1-3-410, 25-1-440, 25-1-450 (directive to political subdivisions); administrative direction to agency heads through the Department of Administration

Citation: Governor Henry McMaster, Executive Order No. 2020-11 (Mar. 19, 2020) (Ex. SC-004) Open the exhibit

Ex. SC-005
Executive Order No. 2020-12

Regulatory Flexibility to Facilitate Social Distancing

Governor Henry McMaster, South Carolina (State)

Dates
In force from Mar. 21, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Alcohol and barsOther
Functions reached
BA bar and alcohol sales (curbside beer and wine permitted; liquor not); TO takeout
Grade
Primary source read
Days in this quarter
102 (in force on the last day)

facilitate current holders of a valid Beer and Wine Permit... selling or delivering beer and wine in a sealed container for curbside delivery or pickup and off-premises consumption... A customer who purchases beer or wine must prove at the time of curbside delivery or pickup that he is twenty-one (21) years of age or older... Curbside delivery or pickup of 'alcoholic liquors'... is not authorized

Enforcement: DOR administration under Title 61; conditions listed in § 1

Citation: Governor Henry McMaster, Executive Order No. 2020-12 (Mar. 21, 2020) (Ex. SC-005) Open the exhibit

Ex. SC-007
Executive Order No. 2020-14

Required Self-Quarantine for Individuals Entering South Carolina from High-Risk Areas

Governor Henry McMaster, South Carolina (State)

Dates
In force from Mar. 27, 2020 to May 1, 2020
Quarters
2020 Q2
Limitations
Travel and quarantineQuarantine and isolation
Functions reached
TV travel demand; CS client meetings and site visits by out-of-State personnel; HR hiring and travel nurses; CB tourist and business-traveler customer base; EV conferences
Grade
Primary source read
Days in this quarter
36

an individual who enters the State of South Carolina from an area with substantial community spread, to include the Tri-State Area (consisting of the States of New York, New Jersey, and Connecticut) and the City of New Orleans, Louisiana, shall isolate or self-quarantine for a period of fourteen (14) days from the time of entry into the State of South Carolina or the duration of the individual's presence in South Carolina, whichever period is shorter.... Any individual required by this Order... to isolate or self-quarantine shall be responsible for any and all costs associated with such isolation or self-quarantine, including transportation, lodging, food, and medical care.

Enforcement: § 16-7-10(A) misdemeanor ($100 / 30 days); § 1-3-440(4); DHEC Emergency Health Powers Act enforcement (§ 2(D)); § 3(B) preemption of conflicting local rules

Citation: Governor Henry McMaster, Executive Order No. 2020-14 (Mar. 27, 2020) (Ex. SC-007) Open the exhibit

Ex. SC-008
Executive Order No. 2020-15

State of Emergency Due to COVID-19 Pandemic

Governor Henry McMaster, South Carolina (State)

Dates
In force from Mar. 28, 2020 to Apr. 12, 2020
Quarters
2020 Q2
Limitations
Emergency declaration
Functions reached
predicate: keeps EO 2020-09 to -14 in force
Grade
Primary source read
Days in this quarter
16

I hereby declare that a State of Emergency exists in South Carolina... [prior COVID-19 Orders] shall remain in full force and effect for the duration of the State of Emergency declared herein

Enforcement: As in the continued orders

Citation: Governor Henry McMaster, Executive Order No. 2020-15 (Mar. 28, 2020) (Ex. SC-008) Open the exhibit

Ex. SC-014
Executive Order No. 2020-23

State of Emergency Due to Acceleration of COVID-19 Pandemic

Governor Henry McMaster, South Carolina (State)

Dates
In force from Apr. 12, 2020 to Apr. 27, 2020
Quarters
2020 Q2
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
16

declaration of a new State of Emergency continuing EO 2020-09 through 2020-21 in full force and effect

Enforcement: As in the continued orders

Citation: Governor Henry McMaster, Executive Order No. 2020-23 (Apr. 12, 2020) (Ex. SC-014) Open the exhibit

Ex. SC-016
Executive Order No. 2020-29

New State of Emergency Due to COVID-19 Pandemic, Response, Recovery, etc.

Governor Henry McMaster, South Carolina (State)

Dates
In force from Apr. 27, 2020 to May 12, 2020
Quarters
2020 Q2
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
16

new State of Emergency; § 1(H) continued EO 2020-10, -11, -12, -13, -16, -18, -21, -22, -25 and -28 in force

Enforcement: As in the continued orders

Citation: Governor Henry McMaster, Executive Order No. 2020-29 (Apr. 27, 2020) (Ex. SC-016) Open the exhibit

Ex. SC-017
Executive Order No. 2020-30

Rescinding Self-Quarantine, Lodging, and Travel Restrictions for Individuals Entering South Carolina from High-Risk Areas

Governor Henry McMaster, South Carolina (State)

Dates
In force from May 1, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Travel and quarantine
Functions reached
TV travel demand restored; LG lodging bookings restored
Grade
Primary source read
Days in this quarter
61 (in force on the last day)

rescinds Executive Order Nos. 2020-14 and 2020-19

Enforcement: n/a

Citation: Governor Henry McMaster, Executive Order No. 2020-30 (May 1, 2020) (Ex. SC-017) Open the exhibit

Ex. SC-050
Supreme Court Order 2020-05-01-01 (May 1, 2020)

Attorney supervision of real estate closings by video conference during the emergency

Supreme Court of South Carolina, South Carolina (Court)

Dates
In force from May 1, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public officesOther
Functions reached
CL closings, notaries and title; ML mortgage lending; CB buyers and sellers
Grade
Primary source read
Days in this quarter
61 (in force on the last day)

IT IS ORDERED, that to the extent the Rules of Professional Conduct may require an attorney to be physically present at the closing of a real estate transaction and in close proximity to the parties to the transaction, in light of the current crisis and need for social distancing, an attorney may participate in and supervise the closing of a real estate transaction by way of a video conference... necessary persons to a real estate transaction may, under the direction of the supervising attorney, similarly participate in the real estate closing by way of a video conference, provided any necessary person so consents

Enforcement: Supervising attorney must confirm identities, ensure a notary attests signatures and confirm the measures are acceptable to lenders and title insurers

Citation: Supreme Court of South Carolina, Supreme Court Order 2020-05-01-01 (May 1, 2020) (Ex. SC-050) Open the exhibit

Ex. SC-020
Executive Order No. 2020-35

State of Emergency to Facilitate COVID-19 Pandemic Response, Testing, and Other Measures

Governor Henry McMaster, South Carolina (State)

Dates
In force from May 12, 2020 to May 27, 2020
Quarters
2020 Q2
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
16

new State of Emergency; prior COVID-19 orders continued in full force

Enforcement: As in the continued orders

Citation: Governor Henry McMaster, Executive Order No. 2020-35 (May 12, 2020) (Ex. SC-020) Open the exhibit

Ex. SC-051
Order re Use of Personal Protective Equipment in County Court Facilities (2020-05-26-01)

Right to wear PPE in county court facilities statewide; interference punishable as contempt

Chief Justice Donald W. Beatty, South Carolina (Court)

Dates
In force from May 26, 2020 to July 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT courts and clerks; PJ litigation
Grade
Primary source read
Days in this quarter
36 (in force on the last day)

IT IS ORDERED all persons employed in or visiting county court facilities statewide may wear personal protective equipment including, but not limited to, protective masks. Any person who inhibits or prevents employees or persons visiting county court facilities statewide from wearing personal protective equipment is subject to contempt for violation of this order.

Enforcement: Contempt

Citation: Chief Justice Donald W. Beatty, Order re Use of Personal Protective Equipment in County Court Facilities (2020-05-26-01) (Ex. SC-051) Open the exhibit

Ex. SC-023
Executive Order No. 2020-38

State of Emergency to Facilitate Coordinated COVID-19 Pandemic Response

Governor Henry McMaster, South Carolina (State)

Dates
In force from May 27, 2020 to June 11, 2020
Quarters
2020 Q2
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
16

new State of Emergency; § 1(H) continued the prior COVID-19 orders

Enforcement: As in the continued orders

Citation: Governor Henry McMaster, Executive Order No. 2020-38 (May 27, 2020) (Ex. SC-023) Open the exhibit

Ex. SC-025
Executive Order No. 2020-42

State of Emergency

Governor Henry McMaster, South Carolina (State)

Dates
In force from June 26, 2020 to July 11, 2020
Quarters
2020 Q22020 Q3
Limitations
Emergency declarationSchools and child careHealth care orders
Functions reached
predicate
Grade
Primary source read
Days in this quarter
5 (in force on the last day)

new State of Emergency continuing the EO 2020-40 provisions (school closures, college remote instruction, nursing-home visitation, prior orders)

Enforcement: As in the continued orders

Citation: Governor Henry McMaster, Executive Order No. 2020-42 (June 26, 2020) (Ex. SC-025) Open the exhibit

Agencies, boards and authorities: South Carolina

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-022
SCDC COVID-19 Action Plan (Phase Two), Mar. 16, 2020

Visitation suspended 30 days; all inmate facility transfers suspended 30 days; all work release and labor crews suspended 14 days; official staff travel suspended 30 days; staff training and meetings suspended; contractors screened as staff before entry

South Carolina Department of Corrections (Director Bryan P. Stirling), after coordination with DHEC and the Governor's Office, South Carolina Department of Corrections; State level (State)

Dates
In force from Mar. 16, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Gathering capTravel and quarantineWorkplace rulesOther
Functions reached
PL private employers of work-release inmates (labor supply suspended); JS labor crews for public and private customers suspended; EMP contractor screening; VS visitors; HR training; TRAV staff travel
Grade
Primary source read
Days in this quarter
107 (in force on the last day)

VISITATION: Visitation will be suspended for 30 days, at which time the suspension will be reevaluated.... INMATE MOVEMENT: All inmate facility transfers will be suspended, unless medically necessary, for 30 days... WORK RELEASE AND LABOR CREWS: All work release and labor crews will be suspended for 14 days and then will be reevaluated.... OFFICIAL STAFF TRAVEL: Official staff travel will be suspended for 30 days... TRAINING: All staff training, and meetings are suspended through March 31, 2020... CONTRACTORS: Essential contractor access to SCDC facilities will continue; however, contractors who require access will be screened using the same procedures as staff prior to entry

Enforcement: Director's authority; Attestation of No Known Illness form (SCDC Form M-217) required of attorneys

Citation: South Carolina Department of Corrections (Director Bryan P. Stirling), after coordination with DHEC and the Governor's Office, SCDC COVID-19 Action Plan (Phase Two), Mar. 16, 2020 (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-022) Open the exhibit

Ex. AGY-USCG-PORTS-086
Legal Notice: Pandemic Emergency Management Plan (SC Ports, 2020)

Pandemic Emergency Management Plan

South Carolina State Ports Authority, South Carolina State Ports Authority (State agency; Port of Charleston, Inland Ports Greer and Dillon) (State)

Dates
In force from June 2, 2020 to Dec. 31, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Workplace rulesQuarantine and isolationOther
Functions reached
PT terminal users' exposure and testing procedures; EMP SCPA workforce; DR motor carriers as Terminal Users
Grade
Confirmed from a secondary source
Days in this quarter
29 (in force on the last day)

The South Carolina State Ports Authority ('SCPA'), as part of its business continuity planning, is implementing a Pandemic Management Plan. While the various entities that comprise the Port of Charleston work independently of each other, the effects on the various organizations in the event of an uncontrolled pandemic [are shared. In the event an employee or] Terminal User, should test positive for an infectious disease such as Covid-19, this plan will identify the steps to [be taken].

Enforcement: SCPA Terminal Tariff and facility security plan conditions

Citation: South Carolina State Ports Authority, Legal Notice: Pandemic Emergency Management Plan (SC Ports, 2020) (June 2, 2020) (Ex. AGY-USCG-PORTS-086) Open the exhibit

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

Federal layer

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332
General Order 72-5

In re: Coronavirus Disease Public Health Emergency (General Order 72-5)

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

Dates
In force from July 23, 2020 to Sept. 16, 2020
Quarters
2020 Q3
Limitations
Gathering capCourts and public offices
Functions reached
CT the federal court records that a State order capping in-court proceedings at ten people 'necessarily precludes jury trials' (July 2020)
Grade
Primary source read
Days in this quarter
56

[WHEREAS the State's July 2020 orders limit] permissible in-court criminal proceedings to ten people, which necessarily precludes jury trials;... 1. No new jury trial will be conducted through September 30, 2020. Any jury trial currently scheduled to commence before October 1, 2020, will be postponed or vacated. However, individual judges may offer bench trials by videoconference in lieu of postponement. 2. Through September 30, 2020, all civil matters will be decided on the papers...

Enforcement: court order

Citation: Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332) Open the exhibit

Ex. FED-333
General Order 72-6

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

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

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

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

Enforcement: court order

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

Ex. FED-154
QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)

QSO-20-39-NH, Nursing Home Visitation - COVID-19

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

Dates
In force from Sept. 17, 2020 to Mar. 10, 2021
Quarters
2020 Q32020 Q42021 Q1
Limitations
Gathering capHealth care orders
Functions reached
VS visitation (outdoor preferred; indoor only where no new onset of cases in 14 days and county positivity below 10 percent; compassionate care); DN communal activities; RS cohorting
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

Enforcement: F-tag F563 and F880 survey enforcement

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154) Open the exhibit

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

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202
Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203
Proclamation 9996

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

President Donald J. Trump, United States (Federal)

Dates
In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Travel and quarantine
Functions reached
TV inbound UK and Irish business travel; CB UK and Irish customers; MK trade shows
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on March 16, 2020.

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311
Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367
Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

Ex. FED-194
Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency

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

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

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

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

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

Citation: HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194) Open the exhibit

Ex. FED-070
Executive Order 13909

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

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

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

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

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

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

Ex. FED-265
OMB Memorandum M-20-17

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

Ex. FED-292
Order of March 19, 2020, 589 U.S. (Order List)

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

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

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

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

Enforcement: order of the Court

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

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

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

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

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

Enforcement: USDA program requirements

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

Ex. FED-034
CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')

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

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

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

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

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

Citation: Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034) Open the exhibit

Ex. FED-039
Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40)

Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes, 85 Fed. Reg. 16559 (Mar. 24, 2020)

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

Dates
In force from Mar. 20, 2020 to Oct. 13, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Travel and quarantine
Functions reached
TRAV (legal basis of FED-034 to FED-037)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

This interim final rule provides a procedure for CDC to suspend the introduction of persons from designated countries or places, if required, in the interest of public health. DATES: Effective date: This interim final rule is effective on 11:59 p.m. EDT on March 20th, 2020.

Enforcement: 42 U.S.C. § 271

Citation: Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039) 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

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

ExhibitCitationDatesLimitations
Ex. FED-192The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)In force from Apr. 16, 2020 to Sept. 30, 2020Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-097CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)In force from Mar. 13, 2020 to Sept. 17, 2020Business closureGathering capHealth care orders
Ex. FED-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-027Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)In force from Mar. 14, 2020 to Dec. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-391U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)In force from Mar. 23, 2020 to Sept. 30, 2020Business closureCourts and public offices
Ex. FED-028Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)Business closureTravel and quarantineEvents and venues
Ex. FED-398U.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)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-393U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)Business closure
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders

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

State of South Carolina

Ex. SC-027
Executive Order No. 2020-50

Initiating Additional Emergency Measures and Consolidating Previous Orders

Governor Henry McMaster, South Carolina (State)

Dates
In force from Aug. 3, 2020 to Oct. 2, 2020 (issued Aug. 2, 2020)
Quarters
2020 Q32020 Q4
Limitations
Business closureTelework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
DR dining room (50 percent, 8 per table); BA bar (no congregating; 11:00 p.m.); BQ banquets and catered events (Gathering cap); PE performances, theaters, concerts; SP stadiums and arenas; MC meetings and conventions; EVT festivals and parades; OF State offices (telework); CB customers under mask condition
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

effective Monday, August 3, 2020, at 5:00 p.m., individuals shall wear a Face Covering in state government offices, buildings, and facilities... Restaurants shall require that all employees, customers, patrons, suppliers, vendors, and other visitors wear Face Coverings... except while actively engaged in eating or drinking... Restaurants shall not permit the number of customers and patrons receiving indoor, dine-in service on the Restaurant's premises at any given time to exceed fifty percent (50%) of the Restaurant's occupancy limit as determined by the fire marshal... Restaurants shall limit seating at each table to no more than eight (8) customers... [Gatherings:] The total number of employees, customers, patrons, suppliers, vendors, visitors, or other persons present for or in attendance at the Gathering shall not exceed fifty percent (50%) of the location's occupancy limit as…

Enforcement: § 14: § 16-7-10 dispersal and misdemeanor ($100 / 30 days); § 1-3-440(4); DHEC; § 3(D) law enforcement 'authorize[d] and encourage[d]' to enforce restaurant rules; § 5(E) DOR summary license suspension; § 15(C) preemption of conflicting local rules; § 4(D)-(F) Department of Commerce exception process ([email protected])

Citation: Governor Henry McMaster, Executive Order No. 2020-50 (Aug. 2, 2020) (Ex. SC-027) Open the exhibit

Ex. SC-026
Executive Order No. 2020-45

Temporary Restrictions Regarding Alcoholic Beverages at Restaurants, Bars, and Other Establishments After 11:00 p.m.

Governor Henry McMaster, South Carolina (State)

Dates
In force from July 11, 2020 to Mar. 1, 2021
Quarters
2020 Q32020 Q42021 Q1
Limitations
Curfew and hoursAlcohol and bars
Functions reached
BA bar and alcohol service after 11:00 p.m.; DR late-night dining; PE live-music venues; AM nightlife; CB
Grade
Primary source read
Days in this quarter
82 (in force on the last day)

effective Saturday, July 11, 2020, at 11:00 p.m., the sale or consumption of beer, wine, or alcoholic liquor on the licensed premises of all persons or businesses authorized to sell beer, wine, or alcoholic liquor in the State of South Carolina (collectively, 'Licensees'), as set forth below, is prohibited between the hours of 11:00 p.m. and 10:00 a.m. the following day.... This Order does not limit the hours of sales for beer, wine, or alcoholic liquors for off-premises consumption

Enforcement: DOR and SLED administer; 'Noncompliance with this Section shall constitute grounds for suspension of a license or permit' with summary suspension under § 1-23-370(c) 'effective for at least the duration of this Order'; § 16-7-10(A) ($100 / 30 days); § 61-6-4160 (first offense $200 or 60 days; second $1,000 or one year; third $2,000 or two years)

Citation: Governor Henry McMaster, Executive Order No. 2020-45 (July 11, 2020) (Ex. SC-026) Open the exhibit

Ex. SC-037
State of Emergency renewal chain: EO 2020-44 (July 11, 2020), 2020-48 (July 26), 2020-56 (Aug. 25), 2020-59 (Sept. 9), 2020-62 (Sept. 24), 2020-65 (Oct. 9), 2020-67 (Oct. 24), 2020-70 (Nov. 8), 2020-72 (Nov. 23), 2020-75 (Dec. 8), 2021-03 (Jan. 7, 2021), 2021-07 (Jan. 22), 2021-08 (Feb. 6), 2021-10 (Feb. 21), 2021-13 (Mar. 8), 2021-15 (Mar. 23), 2021-18 (Apr. 7), 2021-20 (Apr. 22), 2021-22 (May 7)

State of Emergency (successive fifteen-day declarations)

Governor Henry McMaster, South Carolina (State)

Dates
In force from July 11, 2020 to May 22, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Emergency declaration
Functions reached
predicate: the unbroken emergency from Mar. 13, 2020 to June 6-7, 2021
Grade
Confirmed from a secondary source
Days in this quarter
82 (in force on the last day)

each declares a new State of Emergency and continues the consolidated order then in force (EO 2020-50, 2020-63, 2020-73, 2021-11, 2021-12, 2021-23) 'in full force and effect for the duration of the State of Emergency declared herein' (form recited in SC-031 § 1(H) and SC-036 § 1(H))

Enforcement: As in the continued orders

Citation: Governor Henry McMaster, State of Emergency renewal chain: EO 2020-44 (July 11, 2020), 2020-48 (July 26), 2020-56 (Aug. 25), 2020-59 (Sept. 9), 2020-62 (Sept. 24), 2020-65 (Oct. 9), 2020-67 (Oct. 24), 2020-70 (Nov. 8), 2020-72 (Nov. 23), 2020-75 (Dec. 8), 2021-03 (Jan. 7, 2021), 2021-07 (Jan. 22), 2021-08 (Feb. 6), 2021-10 (Feb. 21), 2021-13 (Mar. 8), 2021-15 (Mar. 23), 2021-18 (Apr. 7), 2021-20 (Apr. 22), 2021-22 (May 7) (Ex. SC-037)

Ex. SC-063
Order re Required Use of Protective Masks in County and Municipal Courthouses (2020-07-30-01)

Statewide mandate requiring masks or facial coverings in every county and municipal courthouse

Chief Justice Donald W. Beatty, South Carolina (Court)

Dates
In force from July 30, 2020 to Aug. 27, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementCourts and public officesWorkplace rules
Functions reached
CT courts, clerks and recorders housed in courthouses; PJ litigation; CL closings and filings; WF jurors, witnesses and staff
Grade
Primary source read
Days in this quarter
63 (in force on the last day)

IT IS ORDERED all persons employed in, conducting business in, or otherwise visiting or present for any reason in county and municipal courthouses statewide are required to wear a protective mask or other facial covering while inside the courthouse... The number of COVID-19 infections in South Carolina is rapidly increasing and has reached an alarming positive test rate.... a statewide mandate requiring a mask or other facial covering in county and municipal courthouses statewide.

Enforcement: Administrative order of the Chief Justice; contempt (cf. SC-051); incorporated as 'shall wear' in SC-052 and SC-054

Citation: Chief Justice Donald W. Beatty, Order re Required Use of Protective Masks in County and Municipal Courthouses (2020-07-30-01) (Ex. SC-063) Open the exhibit

Ex. SC-057
South Carolina Department of Education Face Covering Guidelines for K-12 Public Schools (last updated Aug. 3, 2020)

Face coverings required on school buses and in public school facilities for the 2020-21 school year

South Carolina Department of Education (Superintendent Molly M. Spearman), South Carolina (Sector regulator)

Dates
In force from Aug. 3, 2020 to June 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementSchools and child careWorkplace rules
Functions reached
IN instruction; TR transport; WF school workforce and parents; HR staffing of bus routes
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

the South Carolina Department of Education (SCDE) is requiring face coverings to be worn on school buses and within public school facilities... Students and staff in South Carolina public schools must wear a face covering upon entering a school building, moving through hallways, during carpool/bus drop off or pickup, and when social distancing is not possible or optimal.... Staff members, including bus drivers, are required to wear face coverings while boarding, riding, driving, and exiting school buses.

Enforcement: Condition of district reopening plans approved by the Department; the Fourth Circuit records it as a Department 'policy requiring face coverings' (SC-043)

Citation: South Carolina Department of Education (Superintendent Molly M. Spearman), South Carolina Department of Education Face Covering Guidelines for K-12 Public Schools (last updated Aug. 3, 2020) (Ex. SC-057) Open the exhibit

Ex. SC-028
Executive Order No. 2020-53

State of Emergency

Governor Henry McMaster, South Carolina (State)

Dates
In force from Aug. 10, 2020 to Aug. 25, 2020
Quarters
2020 Q3
Limitations
Emergency declarationHealth care orders
Functions reached
predicate; VS visitation
Grade
Primary source read
Days in this quarter
16

new State of Emergency continuing EO 2020-50; § 1(C) 'I further direct DHEC to restrict visitation to nursing homes and assisted living facilities, with the exception of end-of-life situations'

Enforcement: As in the continued orders

Citation: Governor Henry McMaster, Executive Order No. 2020-53 (Aug. 10, 2020) (Ex. SC-028) Open the exhibit

Continuing in force from an earlier quarter of this report (12 instruments):

ExhibitCitationDatesLimitations
Ex. SC-006Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006)In force from Mar. 23, 2020 to June 30, 2021Stay-at-homeGathering capOther
Ex. SC-011Governor Henry McMaster, Executive Order No. 2020-18 (Apr. 3, 2020) (Ex. SC-011)In force from Apr. 6, 2020 to Apr. 20, 2020 (issued Apr. 3, 2020)Business closureCapacity limitEvents and venues
Ex. SC-019Governor Henry McMaster, Executive Order No. 2020-34 (May 8, 2020) (Ex. SC-019)In force from May 11, 2020 to Aug. 3, 2020 (issued May 8, 2020)Business closureCapacity limit
Ex. SC-038city and county councils (emergency ordinances under S.C. Code §§ 4-9-130 and 5-7-250), Local stay-at-home ordinances (Columbia and Charleston, adopted Mar. 26, 2020, effective before the State's Home or Work Order of Apr. 7) and local face-covering ordinances (Greenville from June 22-23, 2020; Charleston from July 1, 2020; Columbia, Richland County, Charleston County, Myrtle Beach and Horry County from July 2020), renewed every sixty days (Ex. SC-038)In force from Mar. 26, 2020 to May 11, 2021Stay-at-homeFace-covering requirementWorkplace rules
Ex. SC-048Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended April 22, 2020) (2020-04-22-01) (Ex. SC-048)In force from Apr. 22, 2020 to Dec. 16, 2020Gathering capCourts and public officesWorkplace rules
Ex. SC-049Chief Justice Donald W. Beatty, Order re Statewide Evictions and Foreclosures (2020-04-30-02) (Ex. SC-049)In force from May 15, 2020 to Sept. 30, 2020 (issued Apr. 30, 2020)Gathering capFace-covering requirementCourts and public offices
Ex. SC-039South Carolina Department of Health and Environmental Control (DHEC), acting under the Governor's directive, Restriction of visitation to nursing homes and assisted living facilities (directive to DHEC) (Mar. 13, 2020) (Ex. SC-039)In force from Mar. 13, 2020 to Dec. 23, 2020Health care orders
Ex. SC-004Governor Henry McMaster, Executive Order No. 2020-11 (Mar. 19, 2020) (Ex. SC-004)In force from Mar. 20, 2020 to Mar. 5, 2021 (issued Mar. 19, 2020)Telework mandateHealth care ordersCourts and public officesOther
Ex. SC-005Governor Henry McMaster, Executive Order No. 2020-12 (Mar. 21, 2020) (Ex. SC-005)In force from Mar. 21, 2020 to June 30, 2021Alcohol and barsOther
Ex. SC-050Supreme Court of South Carolina, Supreme Court Order 2020-05-01-01 (May 1, 2020) (Ex. SC-050)In force from May 1, 2020 to June 30, 2021Courts and public officesOther
Ex. SC-051Chief Justice Donald W. Beatty, Order re Use of Personal Protective Equipment in County Court Facilities (2020-05-26-01) (Ex. SC-051)In force from May 26, 2020 to July 30, 2020Face-covering requirementCourts and public offices
Ex. SC-025Governor Henry McMaster, Executive Order No. 2020-42 (June 26, 2020) (Ex. SC-025)In force from June 26, 2020 to July 11, 2020Emergency declarationSchools and child careHealth care orders

Agencies, boards and authorities: South Carolina

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-022South Carolina Department of Corrections (Director Bryan P. Stirling), after coordination with DHEC and the Governor's Office, SCDC COVID-19 Action Plan (Phase Two), Mar. 16, 2020 (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-022)In force from Mar. 16, 2020 to Sept. 30, 2020Gathering capTravel and quarantineWorkplace rulesOther
Ex. AGY-USCG-PORTS-086South Carolina State Ports Authority, Legal Notice: Pandemic Emergency Management Plan (SC Ports, 2020) (June 2, 2020) (Ex. AGY-USCG-PORTS-086)In force from June 2, 2020 to Dec. 31, 2020Workplace rulesQuarantine and isolationOther

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

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

Ex. FED-339
Eighth Amended General Order 20-0012

In re: Coronavirus COVID-19 Public Emergency (Eighth Amended)

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

Dates
In force from Nov. 13, 2020 to Jan. 12, 2021
Quarters
2020 Q42021 Q1
Limitations
Gathering capCourts and public offices
Functions reached
CT the winter 2020-21 re-tightening: all jury trials suspended until further order (Nov. 13, 2020); in force Dec. 31, 2020 and Jan. 1, 2021
Grade
Primary source read
Days in this quarter
49 (in force on the last day)

it is hereby ORDERED:... 2. All civil and criminal jury trials are suspended until further order of this Court.... 9. All public gatherings are suspended at both the Everett McKinley Dirksen U.S. Courthouse in Chicago and the Stanley J. Roszkowski U.S. Courthouse in Rockford...

Enforcement: court order

Citation: Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339) Open the exhibit

Ex. FED-303
Standing Order 20-17

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

Enforcement: OMB directive to contracting officers

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

Ex. FED-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-267
OMB Memorandum M-20-19

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

Continuing in force from an earlier quarter of this report (33 instruments):

ExhibitCitationDatesLimitations
Ex. FED-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-027Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)In force from Mar. 14, 2020 to Dec. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-398U.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)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-154CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)In force from Sept. 17, 2020 to Mar. 10, 2021Gathering capHealth care orders
Ex. FED-030Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)In force from Sept. 30, 2020 to Oct. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-202President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)Travel and quarantine
Ex. FED-203President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)Travel and quarantine
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-367Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)In force from Mar. 16, 2020 to Apr. 1, 2021Other
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-265Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)In force from Mar. 19, 2020 to Dec. 31, 2020Other
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-381U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)In force from Mar. 19, 2020 to Dec. 31, 2020Other
Ex. FED-034Centers 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)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-039Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)In force from Mar. 20, 2020 to Oct. 13, 2020Travel and quarantine
Ex. FED-132President 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)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration

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

State of South Carolina

Ex. SC-052
Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended December 16, 2020) (2020-12-16-01)

Winter 2020-21 amended trial-court order: masks, fever screening, 113 square feet per person, jury trials only under approved plans

Supreme Court of South Carolina, South Carolina (Court)

Dates
In force from Dec. 16, 2020 to Mar. 4, 2021
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementCourts and public officesWorkplace rules
Functions reached
CT courts; PJ litigation; CL closings (certification in lieu of affidavit; remote oaths); WF jurors and witnesses
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

Jury Trials. If done in accordance with a plan approved by the Chief Justice, jury selections and jury trials may be conducted.... all persons in the courtroom or hearing room must maintain at least six feet of distance from other persons in the room. Masks must be worn by all persons as specified by order of the Chief Justice dated July 30, 2020. To ensure social distancing can be maintained, it is recommended the maximum number of persons not exceed one person per 113 square feet of space... Entrance Screening and Protective Masks. All persons entering a courthouse shall be screened for fever and shall wear a protective mask while in the courthouse as required by the order of the Chief Justice dated July 30, 2020.

Enforcement: Order controls over court rules; contempt; Chief Justice's plan approval

Citation: Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended December 16, 2020) (2020-12-16-01) (Ex. SC-052) Open the exhibit

Ex. SC-029
Executive Order No. 2020-63

Amending and Consolidating Emergency Measures

Governor Henry McMaster, South Carolina (State)

Dates
In force from Oct. 2, 2020 to Nov. 25, 2020
Quarters
2020 Q4
Limitations
Telework mandateGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
DR (capacity cap lifted; masks kept); BA; BQ/PE/SP/MC/EVT (Gathering cap kept); OF State offices
Grade
Primary source read
Days in this quarter
55

I hereby supersede, rescind, and replace Executive Order No. 2020-50... Restaurants shall require that all employees, customers, patrons, suppliers, vendors, and other visitors wear Face Coverings... Restaurants shall not permit the sale or consumption of beer, wine, or alcoholic liquor between the hours of 11:00 p.m. and 10:00 a.m.... Restaurants should space indoor and outdoor tables at least six (6) feet apart... Restaurants should limit seating at each table to no more than eight (8)... [Gathering cap of 50 percent or 250 persons and mask condition retained as 'shall']

Enforcement: As EO 2020-50 (§ 14; DOR license suspension; § 16-7-10(A))

Citation: Governor Henry McMaster, Executive Order No. 2020-63 (Oct. 2, 2020) (Ex. SC-029) Open the exhibit

Ex. SC-030
Executive Order No. 2020-73

Modifying and Amending Emergency Measures

Governor Henry McMaster, South Carolina (State)

Dates
In force from Nov. 25, 2020 to Mar. 1, 2021
Quarters
2020 Q42021 Q1
Limitations
Telework mandateGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
as EO 2020-63
Grade
Primary source read
Days in this quarter
37 (in force on the last day)

I hereby supersede, rescind, and replace Executive Order No. 2020-63... [restating the State-building and restaurant Face Covering mandates, the Gathering cap of 'fifty percent (50%) of the location's occupancy limit... or two hundred fifty (250) persons, whichever is less,' the 11:00 p.m. - 10:00 a.m. alcohol prohibition and the State-employee telework directive]

Enforcement: As EO 2020-50

Citation: Governor Henry McMaster, Executive Order No. 2020-73 (Nov. 25, 2020) (Ex. SC-030) Open the exhibit

Ex. SC-064
Order re Circuit Court Jury Trials (2020-12-03-01)

No circuit-court jury trials to commence after December 4, 2020

Chief Justice Donald W. Beatty, South Carolina (Court)

Dates
In force from Dec. 4, 2020 to Apr. 5, 2021 (issued Dec. 3, 2020)
Quarters
2020 Q42021 Q1
Limitations
Courts and public offices
Functions reached
CT courts; PJ litigation; WF jurors
Grade
Primary source read
Days in this quarter
28 (in force on the last day)

in light of the ongoing increase in COVID-19 cases throughout South Carolina... IT IS ORDERED that the circuit courts statewide shall not commence any jury trials after December 4, 2020.... This Order shall remain in effect until amended or rescinded by Order of the Chief Justice. Any Order allowing the resumption of jury trials will be issued at least three weeks prior to the affected date

Enforcement: Administrative order; Dec. 9, 2020 order suspended selection of new grand jurors

Citation: Chief Justice Donald W. Beatty, Order re Circuit Court Jury Trials (2020-12-03-01) (Ex. SC-064) Open the exhibit

Ex. SC-031
Executive Order No. 2020-77

State of Emergency

Governor Henry McMaster, South Carolina (State)

Dates
In force from Dec. 23, 2020 to Jan. 7, 2021
Quarters
2020 Q42021 Q1
Limitations
Emergency declaration
Functions reached
predicate for the Q4 2020 / Q1 2021 boundary
Grade
Primary source read
Days in this quarter
9 (in force on the last day)

I hereby declare that the provisions of Executive Order No. 2020-73 are hereby extended and shall remain in full force and effect for the duration of the State of Emergency declared herein

Enforcement: As in EO 2020-73

Citation: Governor Henry McMaster, Executive Order No. 2020-77 (Dec. 23, 2020) (Ex. SC-031) Open the exhibit

Continuing in force from an earlier quarter of this report (11 instruments):

ExhibitCitationDatesLimitations
Ex. SC-027Governor Henry McMaster, Executive Order No. 2020-50 (Aug. 2, 2020) (Ex. SC-027)In force from Aug. 3, 2020 to Oct. 2, 2020 (issued Aug. 2, 2020)Business closureTelework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Ex. SC-006Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006)In force from Mar. 23, 2020 to June 30, 2021Stay-at-homeGathering capOther
Ex. SC-038city and county councils (emergency ordinances under S.C. Code §§ 4-9-130 and 5-7-250), Local stay-at-home ordinances (Columbia and Charleston, adopted Mar. 26, 2020, effective before the State's Home or Work Order of Apr. 7) and local face-covering ordinances (Greenville from June 22-23, 2020; Charleston from July 1, 2020; Columbia, Richland County, Charleston County, Myrtle Beach and Horry County from July 2020), renewed every sixty days (Ex. SC-038)In force from Mar. 26, 2020 to May 11, 2021Stay-at-homeFace-covering requirementWorkplace rules
Ex. SC-048Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended April 22, 2020) (2020-04-22-01) (Ex. SC-048)In force from Apr. 22, 2020 to Dec. 16, 2020Gathering capCourts and public officesWorkplace rules
Ex. SC-004Governor Henry McMaster, Executive Order No. 2020-11 (Mar. 19, 2020) (Ex. SC-004)In force from Mar. 20, 2020 to Mar. 5, 2021 (issued Mar. 19, 2020)Telework mandateHealth care ordersCourts and public officesOther
Ex. SC-005Governor Henry McMaster, Executive Order No. 2020-12 (Mar. 21, 2020) (Ex. SC-005)In force from Mar. 21, 2020 to June 30, 2021Alcohol and barsOther
Ex. SC-050Supreme Court of South Carolina, Supreme Court Order 2020-05-01-01 (May 1, 2020) (Ex. SC-050)In force from May 1, 2020 to June 30, 2021Courts and public officesOther
Ex. SC-026Governor Henry McMaster, Executive Order No. 2020-45 (July 11, 2020) (Ex. SC-026)In force from July 11, 2020 to Mar. 1, 2021Curfew and hoursAlcohol and bars
Ex. SC-037Governor Henry McMaster, State of Emergency renewal chain: EO 2020-44 (July 11, 2020), 2020-48 (July 26), 2020-56 (Aug. 25), 2020-59 (Sept. 9), 2020-62 (Sept. 24), 2020-65 (Oct. 9), 2020-67 (Oct. 24), 2020-70 (Nov. 8), 2020-72 (Nov. 23), 2020-75 (Dec. 8), 2021-03 (Jan. 7, 2021), 2021-07 (Jan. 22), 2021-08 (Feb. 6), 2021-10 (Feb. 21), 2021-13 (Mar. 8), 2021-15 (Mar. 23), 2021-18 (Apr. 7), 2021-20 (Apr. 22), 2021-22 (May 7) (Ex. SC-037)In force from July 11, 2020 to May 22, 2021Emergency declaration
Ex. SC-063Chief Justice Donald W. Beatty, Order re Required Use of Protective Masks in County and Municipal Courthouses (2020-07-30-01) (Ex. SC-063)In force from July 30, 2020 to Aug. 27, 2021Face-covering requirementCourts and public officesWorkplace rules
Ex. SC-057South Carolina Department of Education (Superintendent Molly M. Spearman), South Carolina Department of Education Face Covering Guidelines for K-12 Public Schools (last updated Aug. 3, 2020) (Ex. SC-057)In force from Aug. 3, 2020 to June 30, 2021Face-covering requirementSchools and child careWorkplace rules

Agencies, boards and authorities: South Carolina

Continuing in force from an earlier quarter of this report (1 instrument):

ExhibitCitationDatesLimitations
Ex. AGY-USCG-PORTS-086South Carolina State Ports Authority, Legal Notice: Pandemic Emergency Management Plan (SC Ports, 2020) (June 2, 2020) (Ex. AGY-USCG-PORTS-086)In force from June 2, 2020 to Dec. 31, 2020Workplace rulesQuarantine and isolationOther

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

Federal layer

Ex. FED-060
Executive Order 13991

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

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

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

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

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

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

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

Ex. FED-296
Tenth Amended General Order 20-0012

In re: Coronavirus COVID-19 Public Emergency (Tenth Amended)

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

Dates
In force from Feb. 12, 2021 to Apr. 5, 2021
Quarters
2021 Q12021 Q2
Limitations
Gathering capCourts and public offices
Functions reached
CT Chicago's federal court: no jury trials Mar. 17, 2020 - Apr. 5, 2021, in ten successive orders; CS
Grade
Primary source read
Days in this quarter
48 (in force on the last day)

it is hereby ORDERED:... 2. All civil and criminal jury trials are suspended until April 5, 2021.... 9. All public gatherings are suspended at both the Everett McKinley Dirksen U.S. Courthouse in Chicago and the Stanley J. Roszkowski U.S. Courthouse in Rockford...

Enforcement: court order

Citation: Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296) Open the exhibit

Ex. FED-155
QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19

QSO-20-39-NH (REVISED 03/10/2021)

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

Dates
In force from Mar. 10, 2021 to Apr. 27, 2021
Quarters
2021 Q12021 Q2
Limitations
Gathering capHealth care orders
Functions reached
VS visitation (indoor visitation to be allowed at all times except the three limiting scenarios)
Grade
Primary source read
Days in this quarter
22 (in force on the last day)

Enforcement: F-tag F563

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155) Open the exhibit

Ex. FED-305
Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-008
Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

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
90 (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
90 (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
90 (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

Continuing in force from an earlier quarter of this report (31 instruments):

ExhibitCitationDatesLimitations
Ex. FED-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-398U.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)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-154CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)In force from Sept. 17, 2020 to Mar. 10, 2021Gathering capHealth care orders
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-339Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)In force from Nov. 13, 2020 to Jan. 12, 2021Gathering capCourts and public offices
Ex. FED-303Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)In force from Nov. 25, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-202President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)Travel and quarantine
Ex. FED-203President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)Travel and quarantine
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-367Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)In force from Mar. 16, 2020 to Apr. 1, 2021Other
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-034Centers 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)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-132President 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)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration
Ex. FED-104President 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)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-147President 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)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration

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

State of South Carolina

Ex. SC-032
Executive Order No. 2021-11

Modifying and Amending Emergency Measures

Governor Henry McMaster, South Carolina (State)

Dates
In force from Mar. 1, 2021 to Mar. 5, 2021
Quarters
2021 Q1
Limitations
Telework mandateGathering capFace-covering requirement
Functions reached
BQ/PE/SP/MC/EVT (cap becomes guidance); BA (curfew ends); DR (masks remain); OF State offices (telework remains)
Grade
Primary source read
Days in this quarter
5

I hereby supersede, rescind, and replace Executive Order No. 2020-73... Section 4. Emergency Guidelines for Gatherings... The total number of... persons present for or in attendance at the Gathering should not exceed fifty percent (50%)... or two hundred fifty (250) persons, whichever is less... [the 11:00 p.m. alcohol prohibition of EO 2020-73 § 5 is not carried forward]... all non-essential employees and staff of the State of South Carolina... shall not report to work, physically or in-person, until further notice.

Enforcement: § 13 (§ 16-7-10(A)); restaurant mask mandate (§ 3) remained 'shall'

Citation: Governor Henry McMaster, Executive Order No. 2021-11 (Mar. 1, 2021) (Ex. SC-032) Open the exhibit

Ex. SC-065
Order re In-Person Proceedings in Circuit, Family, Probate, and Master-in-Equity (2021-01-06-01; as amended Jan. 8, 2021, 2021-01-08-01)

All in-person proceedings statewide suspended from January 11, 2021

Chief Justice Donald W. Beatty, South Carolina (Court)

Dates
In force from Jan. 11, 2021 to Mar. 15, 2021 (issued Jan. 6, 2021)
Quarters
2021 Q1
Limitations
Courts and public offices
Functions reached
CT courts; PJ litigation; CL closings requiring court action (foreclosure sales, ejectments)
Grade
Primary source read
Days in this quarter
64

All in-person proceedings statewide beginning on or after January 11, 2021 are hereby suspended until further Order of the Chief Justice, subject to the limited exceptions outlined below... judges who are required to quarantine shall continue to hold hearings remotely so long as they are asymptomatic.... Any Order allowing the resumption of in-person proceedings will be issued at least two weeks prior to the affected date

Enforcement: Administrative order

Citation: Chief Justice Donald W. Beatty, Order re In-Person Proceedings in Circuit, Family, Probate, and Master-in-Equity (2021-01-06-01; as amended Jan. 8, 2021, 2021-01-08-01) (Ex. SC-065) Open the exhibit

Ex. SC-033
Executive Order No. 2021-12

Modifying and Amending Emergency Measures

Governor Henry McMaster, South Carolina (State)

Dates
In force from Mar. 5, 2021 to May 11, 2021
Quarters
2021 Q12021 Q2
Limitations
Emergency declarationTelework mandateOther
Functions reached
end of the restaurant and State-building mask mandates; OF State offices return ordered; local mask ordinances preserved
Grade
Primary source read
Days in this quarter
27 (in force on the last day)

Section 2. Emergency Guidelines Regarding Face Coverings. A. I hereby encourage all individuals within the State of South Carolina to wear a Face Covering... Section 3. Emergency Guidelines Regarding Restaurant Operations. A. I hereby urge any and all restaurants... to consider, incorporate, and adhere to, to the greatest extent practicable, the following guidelines... Section 5(D). I hereby direct all state agencies to immediately expedite the transition back to normal operations. All Agency Heads, or their designees, shall submit to the Department of Administration, for review and approval, a plan to expeditiously return all non-essential employees and staff to the workplace on a full-time basis.... § 2(G): [nothing herein] prohibit[s] counties and municipalities of this State from enacting or implementing... appropriate and narrowly tailored emergency ordinances, orders, or other…

Enforcement: § 12 (§ 16-7-10(A)) for the remaining directives; face-covering and restaurant provisions became guidance

Citation: Governor Henry McMaster, Executive Order No. 2021-12 (Mar. 5, 2021) (Ex. SC-033) Open the exhibit

Ex. SC-053
Order re In-Person Proceedings and Jury Trials in Circuit, Family, Probate, and Master-in-Equity Courts (2021-02-26-01)

Resumption of in-person proceedings March 15, 2021 and jury trials April 5, 2021 under safety plans

Chief Justice Donald W. Beatty, South Carolina (Court)

Dates
In force from Mar. 15, 2021 to June 30, 2021 (issued Feb. 26, 2021)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementCourts and public officesWorkplace rules
Functions reached
CT courts; PJ litigation; WF jurors
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

Most recently, jury trials, grand juries, and other in-person proceedings were halted in all courts statewide... IT IS ORDERED that Circuit, Family, Probate, and Master-in-Equity Courts statewide may begin holding in-person proceedings, other than jury trials, on Monday, March 15, 2021.... All courts statewide when conducting in-person proceedings shall continue to observe proper safety protocols... including... July 30, 2020 Order Regarding Required Use of Protective Masks in County and Municipal Courthouses... IT IS FURTHER ORD[E]RED that Circuit Courts statewide may begin holding jury trials on Monday, April 5, 2021.

Enforcement: Jury-trial safety plans submitted to Court Administration for approval

Citation: Chief Justice Donald W. Beatty, Order re In-Person Proceedings and Jury Trials in Circuit, Family, Probate, and Master-in-Equity Courts (2021-02-26-01) (Ex. SC-053) Open the exhibit

Continuing in force from an earlier quarter of this report (13 instruments):

ExhibitCitationDatesLimitations
Ex. SC-006Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006)In force from Mar. 23, 2020 to June 30, 2021Stay-at-homeGathering capOther
Ex. SC-052Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended December 16, 2020) (2020-12-16-01) (Ex. SC-052)In force from Dec. 16, 2020 to Mar. 4, 2021Capacity limitGathering capFace-covering requirementCourts and public officesWorkplace rules
Ex. SC-038city and county councils (emergency ordinances under S.C. Code §§ 4-9-130 and 5-7-250), Local stay-at-home ordinances (Columbia and Charleston, adopted Mar. 26, 2020, effective before the State's Home or Work Order of Apr. 7) and local face-covering ordinances (Greenville from June 22-23, 2020; Charleston from July 1, 2020; Columbia, Richland County, Charleston County, Myrtle Beach and Horry County from July 2020), renewed every sixty days (Ex. SC-038)In force from Mar. 26, 2020 to May 11, 2021Stay-at-homeFace-covering requirementWorkplace rules
Ex. SC-030Governor Henry McMaster, Executive Order No. 2020-73 (Nov. 25, 2020) (Ex. SC-030)In force from Nov. 25, 2020 to Mar. 1, 2021Telework mandateGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Ex. SC-004Governor Henry McMaster, Executive Order No. 2020-11 (Mar. 19, 2020) (Ex. SC-004)In force from Mar. 20, 2020 to Mar. 5, 2021 (issued Mar. 19, 2020)Telework mandateHealth care ordersCourts and public officesOther
Ex. SC-005Governor Henry McMaster, Executive Order No. 2020-12 (Mar. 21, 2020) (Ex. SC-005)In force from Mar. 21, 2020 to June 30, 2021Alcohol and barsOther
Ex. SC-050Supreme Court of South Carolina, Supreme Court Order 2020-05-01-01 (May 1, 2020) (Ex. SC-050)In force from May 1, 2020 to June 30, 2021Courts and public officesOther
Ex. SC-026Governor Henry McMaster, Executive Order No. 2020-45 (July 11, 2020) (Ex. SC-026)In force from July 11, 2020 to Mar. 1, 2021Curfew and hoursAlcohol and bars
Ex. SC-037Governor Henry McMaster, State of Emergency renewal chain: EO 2020-44 (July 11, 2020), 2020-48 (July 26), 2020-56 (Aug. 25), 2020-59 (Sept. 9), 2020-62 (Sept. 24), 2020-65 (Oct. 9), 2020-67 (Oct. 24), 2020-70 (Nov. 8), 2020-72 (Nov. 23), 2020-75 (Dec. 8), 2021-03 (Jan. 7, 2021), 2021-07 (Jan. 22), 2021-08 (Feb. 6), 2021-10 (Feb. 21), 2021-13 (Mar. 8), 2021-15 (Mar. 23), 2021-18 (Apr. 7), 2021-20 (Apr. 22), 2021-22 (May 7) (Ex. SC-037)In force from July 11, 2020 to May 22, 2021Emergency declaration
Ex. SC-063Chief Justice Donald W. Beatty, Order re Required Use of Protective Masks in County and Municipal Courthouses (2020-07-30-01) (Ex. SC-063)In force from July 30, 2020 to Aug. 27, 2021Face-covering requirementCourts and public officesWorkplace rules
Ex. SC-057South Carolina Department of Education (Superintendent Molly M. Spearman), South Carolina Department of Education Face Covering Guidelines for K-12 Public Schools (last updated Aug. 3, 2020) (Ex. SC-057)In force from Aug. 3, 2020 to June 30, 2021Face-covering requirementSchools and child careWorkplace rules
Ex. SC-064Chief Justice Donald W. Beatty, Order re Circuit Court Jury Trials (2020-12-03-01) (Ex. SC-064)In force from Dec. 4, 2020 to Apr. 5, 2021 (issued Dec. 3, 2020)Courts and public offices
Ex. SC-031Governor Henry McMaster, Executive Order No. 2020-77 (Dec. 23, 2020) (Ex. SC-031)In force from Dec. 23, 2020 to Jan. 7, 2021Emergency declaration

Agencies, boards and authorities: South Carolina

The Library holds no instrument of this layer in force in this quarter for this selection.

End of general restrictions, State of South Carolina: Executive Order No. 2021-12 (Modifying and Amending Emergency Measures), following Executive Order No. 2021-11 (Mar. 1, 2021), which had rescinded the 11:00 p.m. alcohol curfew and converted the 50 percent / 250-person gathering cap to guidelines (2021-03-05). What remained: The State of Emergency itself (renewed every fifteen days to EO 2021-25 of May 22, 2021, which expired June 6-7, 2021); the State-employee telework directive until EO 2021-12 § 5(D) ordered agencies to submit plans for the full-time return of non-essential employees (Mar. 5, 2021); the regulatory-flexibility, procurement, hospital-capacity and unemployment provisions; the Supreme Court's trial-court order (as amended Dec. 16, 2020, Mar. 4, June 15 and Aug. 27, 2021) with the July 30, 2020 courthouse mask mandate, six-foot distancing and fever screening; the Department of Education's 2020-21 face-covering requirement through the school year; local face-covering ordinances (Columbia, Charleston, Greenville, Richland County, Charleston County, Myrtle Beach and others) until EO 2021-23 § 2(D) declared them invalid and preempted on May 11, 2021; EO 2021-23's vaccine-passport prohibition and school-mask opt-out (May 11 - June 7, 2021); Act 102 of 2021 (Apr. 22, 2021) requiring five-day in-person instruction; Provisos 1.108 and 117.190 from July 1, 2021; the DHEC School and Childcare Exclusion List; and the federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS, presidential entry proclamations).

Preemption of local orders, State of South Carolina: Every gubernatorial COVID-19 order from EO 2020-13 (Mar. 23, 2020) onward carried the clause: 'If or to the extent that any political subdivision of this State seeks to adopt or enforce a local ordinance, rule, regulation, or other restriction that conflicts with this Order, this Order shall supersede and preempt any such local ordinance, rule, regulation, or other restriction.' EO 2020-11 § 1(B) (Mar. 19, 2020) prohibited any county or municipality from closing any facility occupied by a State agency or employee. The Governor never issued a statewide general-public mask mandate; EO 2020-50 (Aug. 2, 2020) recited that he 'urge[d] counties and municipalities... to enact or implement' face-covering ordinances, and EO 2021-12 § 2(G) (Mar. 5, 2021) expressly preserved 'appropriate and narrowly tailored' local mask ordinances 'targeted... in the least restrictive manner possible.' EO 2021-23 § 2(D) (May 11, 2021) reversed course: 'to the extent any county, municipality, or political subdivision of this State continues to impose any ordinance, order, or other measure that requires the general public within its jurisdiction to wear a Face Covering and has relied in whole or in part on the undersigned's prior authorization or declarations of a State of Emergency... any such ordinance, order, or other measure is invalid and preempted'; § 3 barred any State or local vaccine-passport requirement. The General Assembly then enacted Proviso 1.108 (no school district may use appropriated funds to require masks; 'This prohibition extends to the announcement or enforcement of any such policy') and Proviso 117.190 (higher education), effective July 1, 2021 (Act 94 of 2021). The Supreme Court held in Wilson v. City of Columbia, Op. No. 28056 (Sept. 2, 2021), that Proviso 1.108 preempted and voided Columbia Ordinances 2021-068 and 2021-069 insofar as they mandated masks in K-12 public schools, and in Richland County School District Two v. Lucas, Op. No. 28063 (Sept. 30, 2021), that the proviso is constitutional while not barring mask rules funded solely with federal or local funds; Creswick v. University of South Carolina, Op. No. 28053 (Aug. 17, 2021), held Proviso 117.190 does not bar a universal university mask mandate. The United States District Court for the District of South Carolina preliminarily enjoined enforcement of Proviso 1.108 on September 28, 2021 (Disability Rights S.C. v. McMaster, No. 3:21-cv-02728); the Fourth Circuit vacated that injunction as to the Governor and Attorney General for want of standing on January 25, 2022 (24 F.4th 893). Local orders otherwise coexisted with the State's: Columbia and Charleston adopted stay-at-home ordinances on March 26, 2020, before the State's Home or Work Order, and the principal cities and counties adopted mask ordinances from late June 2020 (verified_secondary; see SC-038).

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

Federal layer

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: as for FED-031

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

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

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

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

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

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

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

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

Ex. FED-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
91 (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
91 (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
91 (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
91 (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

Continuing in force from an earlier quarter of this report (33 instruments):

ExhibitCitationDatesLimitations
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-398U.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)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-270Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)In force from Jan. 24, 2021 to June 10, 2021Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-296Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)In force from Feb. 12, 2021 to Apr. 5, 2021Gathering capCourts and public offices
Ex. FED-155CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)In force from Mar. 10, 2021 to Apr. 27, 2021Gathering capHealth care orders
Ex. FED-305Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)In force from Mar. 17, 2021 to June 1, 2021Business closureCourts and public offices
Ex. FED-008President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)Emergency declaration
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-034Centers 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)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-132President 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)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration
Ex. FED-104President 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)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-147President 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)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-099CMS, 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)In force from Mar. 23, 2020 to May 1, 2023Health care ordersCourts and public offices
Ex. FED-115President 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)In force from Mar. 23, 2020 to May 11, 2023Emergency declaration

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

State of South Carolina

Ex. SC-054
Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended June 15, 2021) (2021-06-15-01)

Trial-court order in force through Q3 2021: masks per the July 30, 2020 order, six-foot distancing, 113 square feet per person, fever screening; expiration Aug. 2, 2021 (extended)

Supreme Court of South Carolina, South Carolina (Court)

Dates
In force from June 15, 2021 to Aug. 27, 2021
Quarters
2021 Q22021 Q3
Limitations
Capacity limitGathering capFace-covering requirementCourts and public officesWorkplace rules
Functions reached
CT courts and clerks (Q3 2021); PJ litigation; CL closings (certification in lieu of affidavit continued); WF jurors and witnesses
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

all persons in the courtroom or hearing room must maintain at least six feet of distance from other persons in the room. Masks must be worn by all persons as specified by order of the Chief Justice dated July 30, 2020. To ensure social distancing can be maintained, it is recommended the maximum number of persons not exceed one person per 113 square feet of space... Entrance Screening and Protective Masks. All persons entering a courthouse shall be screened for fever and shall wear a protective mask while in the courthouse as required by the order of the Chief Justice dated July 30, 2020.... Unless extended, this order will expire on August 2, 2021.

Enforcement: Order controls over court rules; Rule 611, SCACR; copy to the House and Senate Judiciary Committees

Citation: Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended June 15, 2021) (2021-06-15-01) (Ex. SC-054) Open the exhibit

Ex. SC-034
Executive Order No. 2021-19

Prioritizing and Protecting South Carolina's Children

Governor Henry McMaster, South Carolina (State)

Dates
In force from Apr. 12, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Other
Functions reached
none COVID-19 related
Grade
Primary source read
Days in this quarter
80 (in force on the last day)

I hereby direct DSS to take any and all necessary and appropriate action... to prevent placements of unaccompanied migrant children entering the United States via the southern border into residential group care facilities or other foster care facilities located in, and licensed by, the State of South Carolina

Enforcement: DSS license revocation, refusal or injunction

Citation: Governor Henry McMaster, Executive Order No. 2021-19 (Apr. 12, 2021) (Ex. SC-034) Open the exhibit

Ex. SC-044
Act No. 102 of 2021 (S. 704), Joint Resolution

To Provide for a Return to Five-Day, In-Person Classroom Instruction for the 2020-2021 and 2021-2022 School Years... and to Provide Requirements Concerning Dual-Modality Instruction for the 2021-2022 School Year

General Assembly of South Carolina (S. 704, ratified R. 33, Apr. 22, 2021; signed Apr. 23, 2021), South Carolina (State)

Dates
In force from Apr. 22, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Schools and child careWorkplace rules
Functions reached
IN instruction (mandatory in-person offering); RL remote learning (dual-modality barred); WF workforce (parents' schedules restored on the State's timetable); HR teacher assignments
Grade
Primary source read
Days in this quarter
70 (in force on the last day)

SECTION 1. For the 2020-2021 School Year, every school district in the State must offer five-day, in-person classroom instruction to students no later than April 26, 2021. For the 2021-2022 School Year, every school district in the State must offer five-day, in-person classroom instruction to students.... SECTION 3. (A)... school districts are prohibited from assigning a teacher to deliver instruction to students simultaneously in-person and virtually, an approach often referred to as 'dual-modality instruction', unless it is reasonable and necessary due to extreme and unavoidable circumstances

Enforcement: Statutory mandate on districts; State Department of Education oversight

Citation: General Assembly of South Carolina (S. 704, ratified R. 33, Apr. 22, 2021; signed Apr. 23, 2021), Act No. 102 of 2021 (S. 704), Joint Resolution (Apr. 22, 2021) (Ex. SC-044) Open the exhibit

Ex. SC-035
Executive Order No. 2021-23

Emergency Measures Regarding Face Coverings, Vaccine Passports, and Other Matters

Governor Henry McMaster, South Carolina (State)

Dates
In force from May 11, 2021 to June 6, 2021
Quarters
2021 Q2
Limitations
Telework mandateFace-covering requirementSchools and child careVaccination or testingOther
Functions reached
SF/DR local mask rules for the public terminated; IN schools (opt-out); VAX no vaccination-proof condition on public services or premises; OF State offices
Grade
Primary source read
Days in this quarter
27

to the extent any county, municipality, or political subdivision of this State continues to impose any ordinance, order, or other measure that requires the general public within its jurisdiction to wear a Face Covering and has relied in whole or in part on the undersigned's prior authorization or declarations of a State of Emergency as part of the basis for imposing, or for the duration of, a Face Covering requirement, I have determined and do hereby declare that any such ordinance, order, or other measure is invalid and preempted in accordance with Section 10(C) of this Order.... I hereby prohibit any agency, department, official, or employee of the State of South Carolina, or any political subdivision thereof, from adopting or enforcing any order, ordinance, policy, regulation, rule, or similar measure that requires or purports to require an individual to provide, as a condition of…

Enforcement: § 9 (§ 16-7-10(A)); § 10(C) preemption; § 2(H) health-care settings excepted; § 2(F) Legislative and Judicial Branch buildings excepted

Citation: Governor Henry McMaster, Executive Order No. 2021-23 (May 11, 2021) (Ex. SC-035) Open the exhibit

Ex. SC-036
Executive Order No. 2021-25

State of Emergency

Governor Henry McMaster, South Carolina (State)

Dates
In force from May 22, 2021 to June 6, 2021
Quarters
2021 Q2
Limitations
Emergency declaration
Functions reached
predicate; fixes the end of the South Carolina emergency
Grade
Primary source read
Days in this quarter
16

I hereby declare that the provisions of Executive Order No. 2021-23 are hereby extended and shall remain in full force and effect for the duration of the State of Emergency declared herein... This Order is effective immediately and shall remain in effect for a period of fifteen (15) days unless otherwise expressly stated herein or modified, amended, or rescinded by subsequent Order.

Enforcement: As in EO 2021-23

Citation: Governor Henry McMaster, Executive Order No. 2021-25 (May 22, 2021) (Ex. SC-036) Open the exhibit

Continuing in force from an earlier quarter of this report (9 instruments):

ExhibitCitationDatesLimitations
Ex. SC-006Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006)In force from Mar. 23, 2020 to June 30, 2021Stay-at-homeGathering capOther
Ex. SC-038city and county councils (emergency ordinances under S.C. Code §§ 4-9-130 and 5-7-250), Local stay-at-home ordinances (Columbia and Charleston, adopted Mar. 26, 2020, effective before the State's Home or Work Order of Apr. 7) and local face-covering ordinances (Greenville from June 22-23, 2020; Charleston from July 1, 2020; Columbia, Richland County, Charleston County, Myrtle Beach and Horry County from July 2020), renewed every sixty days (Ex. SC-038)In force from Mar. 26, 2020 to May 11, 2021Stay-at-homeFace-covering requirementWorkplace rules
Ex. SC-005Governor Henry McMaster, Executive Order No. 2020-12 (Mar. 21, 2020) (Ex. SC-005)In force from Mar. 21, 2020 to June 30, 2021Alcohol and barsOther
Ex. SC-050Supreme Court of South Carolina, Supreme Court Order 2020-05-01-01 (May 1, 2020) (Ex. SC-050)In force from May 1, 2020 to June 30, 2021Courts and public officesOther
Ex. SC-037Governor Henry McMaster, State of Emergency renewal chain: EO 2020-44 (July 11, 2020), 2020-48 (July 26), 2020-56 (Aug. 25), 2020-59 (Sept. 9), 2020-62 (Sept. 24), 2020-65 (Oct. 9), 2020-67 (Oct. 24), 2020-70 (Nov. 8), 2020-72 (Nov. 23), 2020-75 (Dec. 8), 2021-03 (Jan. 7, 2021), 2021-07 (Jan. 22), 2021-08 (Feb. 6), 2021-10 (Feb. 21), 2021-13 (Mar. 8), 2021-15 (Mar. 23), 2021-18 (Apr. 7), 2021-20 (Apr. 22), 2021-22 (May 7) (Ex. SC-037)In force from July 11, 2020 to May 22, 2021Emergency declaration
Ex. SC-063Chief Justice Donald W. Beatty, Order re Required Use of Protective Masks in County and Municipal Courthouses (2020-07-30-01) (Ex. SC-063)In force from July 30, 2020 to Aug. 27, 2021Face-covering requirementCourts and public officesWorkplace rules
Ex. SC-057South Carolina Department of Education (Superintendent Molly M. Spearman), South Carolina Department of Education Face Covering Guidelines for K-12 Public Schools (last updated Aug. 3, 2020) (Ex. SC-057)In force from Aug. 3, 2020 to June 30, 2021Face-covering requirementSchools and child careWorkplace rules
Ex. SC-033Governor Henry McMaster, Executive Order No. 2021-12 (Mar. 5, 2021) (Ex. SC-033)In force from Mar. 5, 2021 to May 11, 2021Emergency declarationTelework mandateOther
Ex. SC-053Chief Justice Donald W. Beatty, Order re In-Person Proceedings and Jury Trials in Circuit, Family, Probate, and Master-in-Equity Courts (2021-02-26-01) (Ex. SC-053)In force from Mar. 15, 2021 to June 30, 2021 (issued Feb. 26, 2021)Face-covering requirementCourts and public officesWorkplace rules

Agencies, boards and authorities: South Carolina

The Library holds no instrument of this layer in force in this quarter for this selection.

End of general restrictions, State of South Carolina: Executive Order No. 2021-12 (Modifying and Amending Emergency Measures), following Executive Order No. 2021-11 (Mar. 1, 2021), which had rescinded the 11:00 p.m. alcohol curfew and converted the 50 percent / 250-person gathering cap to guidelines (2021-03-05). What remained: The State of Emergency itself (renewed every fifteen days to EO 2021-25 of May 22, 2021, which expired June 6-7, 2021); the State-employee telework directive until EO 2021-12 § 5(D) ordered agencies to submit plans for the full-time return of non-essential employees (Mar. 5, 2021); the regulatory-flexibility, procurement, hospital-capacity and unemployment provisions; the Supreme Court's trial-court order (as amended Dec. 16, 2020, Mar. 4, June 15 and Aug. 27, 2021) with the July 30, 2020 courthouse mask mandate, six-foot distancing and fever screening; the Department of Education's 2020-21 face-covering requirement through the school year; local face-covering ordinances (Columbia, Charleston, Greenville, Richland County, Charleston County, Myrtle Beach and others) until EO 2021-23 § 2(D) declared them invalid and preempted on May 11, 2021; EO 2021-23's vaccine-passport prohibition and school-mask opt-out (May 11 - June 7, 2021); Act 102 of 2021 (Apr. 22, 2021) requiring five-day in-person instruction; Provisos 1.108 and 117.190 from July 1, 2021; the DHEC School and Childcare Exclusion List; and the federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS, presidential entry proclamations).

Preemption of local orders, State of South Carolina: Every gubernatorial COVID-19 order from EO 2020-13 (Mar. 23, 2020) onward carried the clause: 'If or to the extent that any political subdivision of this State seeks to adopt or enforce a local ordinance, rule, regulation, or other restriction that conflicts with this Order, this Order shall supersede and preempt any such local ordinance, rule, regulation, or other restriction.' EO 2020-11 § 1(B) (Mar. 19, 2020) prohibited any county or municipality from closing any facility occupied by a State agency or employee. The Governor never issued a statewide general-public mask mandate; EO 2020-50 (Aug. 2, 2020) recited that he 'urge[d] counties and municipalities... to enact or implement' face-covering ordinances, and EO 2021-12 § 2(G) (Mar. 5, 2021) expressly preserved 'appropriate and narrowly tailored' local mask ordinances 'targeted... in the least restrictive manner possible.' EO 2021-23 § 2(D) (May 11, 2021) reversed course: 'to the extent any county, municipality, or political subdivision of this State continues to impose any ordinance, order, or other measure that requires the general public within its jurisdiction to wear a Face Covering and has relied in whole or in part on the undersigned's prior authorization or declarations of a State of Emergency... any such ordinance, order, or other measure is invalid and preempted'; § 3 barred any State or local vaccine-passport requirement. The General Assembly then enacted Proviso 1.108 (no school district may use appropriated funds to require masks; 'This prohibition extends to the announcement or enforcement of any such policy') and Proviso 117.190 (higher education), effective July 1, 2021 (Act 94 of 2021). The Supreme Court held in Wilson v. City of Columbia, Op. No. 28056 (Sept. 2, 2021), that Proviso 1.108 preempted and voided Columbia Ordinances 2021-068 and 2021-069 insofar as they mandated masks in K-12 public schools, and in Richland County School District Two v. Lucas, Op. No. 28063 (Sept. 30, 2021), that the proviso is constitutional while not barring mask rules funded solely with federal or local funds; Creswick v. University of South Carolina, Op. No. 28053 (Aug. 17, 2021), held Proviso 117.190 does not bar a universal university mask mandate. The United States District Court for the District of South Carolina preliminarily enjoined enforcement of Proviso 1.108 on September 28, 2021 (Disability Rights S.C. v. McMaster, No. 3:21-cv-02728); the Fourth Circuit vacated that injunction as to the Governor and Attorney General for want of standing on January 25, 2022 (24 F.4th 893). Local orders otherwise coexisted with the State's: Columbia and Charleston adopted stay-at-home ordinances on March 26, 2020, before the State's Home or Work Order, and the principal cities and counties adopted mask ordinances from late June 2020 (verified_secondary; see SC-038).

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

Federal layer

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-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

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

ExhibitCitationDatesLimitations
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-398U.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)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-156CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)In force from Apr. 27, 2021 to Nov. 12, 2021Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-032Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)In force from May 5, 2021 to Sept. 30, 2021Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-080Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)In force from June 21, 2021 to Dec. 27, 2021Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-008President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)Emergency declaration
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-034Centers 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)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-132President 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)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration
Ex. FED-104President 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)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-147President 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)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-099CMS, 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)In force from Mar. 23, 2020 to May 1, 2023Health care ordersCourts and public offices
Ex. FED-115President 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)In force from Mar. 23, 2020 to May 11, 2023Emergency declaration
Ex. FED-118President 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)In force from Mar. 24, 2020 to May 11, 2023Emergency declaration
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-109President 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)In force from Mar. 25, 2020 to May 11, 2023Emergency declaration

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 South Carolina

Ex. SC-045
Act No. 94 of 2021, Part IB, Provisos 1.108 (SDE: Mask Mandate Prohibition) and 117.190 (GP: Masks at Higher Education Facilities)

Budget provisos prohibiting the use of appropriated funds to require masks in K-12 education facilities and to condition unmasked presence on vaccination at public colleges

General Assembly of South Carolina (H. 4100, ratified R. 116, June 21, 2021), South Carolina (State)

Dates
In force from July 1, 2021 to June 30, 2022 (issued June 30, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careVaccination or testing
Functions reached
IN instruction (the Q3 2021 school-mask rule of decision); WF workforce; VAX vaccination status at colleges
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

1.108. (SDE: Mask Mandate Prohibition) No school district, or any of its schools, may use any funds appropriated or authorized pursuant to this act to require that its students and/or employees wear a facemask at any of its education facilities. This prohibition extends to the announcement or enforcement of any such policy.... 117.190. (GP: Masks at Higher Education Facilities) A public institution of higher learning, including a technical college, may not use any funds appropriated or authorized pursuant to this act to require that its students have received the COVID-19 vaccination in order to be present at the institution's facilities without being required to wear a facemask. This prohibition extends to the announcement or enforcement of any such policy.

Enforcement: Appropriations condition; construed in Wilson (SC-041), Lucas (SC-042) and Creswick (SC-040); enforcement of 1.108 preliminarily enjoined Sept. 28, 2021 (SC-043)

Citation: General Assembly of South Carolina (H. 4100, ratified R. 116, June 21, 2021), Act No. 94 of 2021, Part IB, Provisos 1.108 (SDE: Mask Mandate Prohibition) and 117.190 (GP: Masks at Higher Education Facilities) (June 30, 2021) (Ex. SC-045) Open the exhibit

Ex. SC-055
Order re Operation of the Trial Courts During the Coronavirus Emergency (extension) (2021-07-30-01)

Extension of the June 15, 2021 trial-court order to August 31, 2021

Supreme Court of South Carolina, South Carolina (Court)

Dates
In force from July 30, 2021 to Aug. 27, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementCourts and public officesWorkplace rules
Functions reached
CT courts (Q3 2021)
Grade
Primary source read
Days in this quarter
29

The order regarding the operation of the trial courts during the coronavirus emergency was last amended on June 15, 2021, and is scheduled to expire on August 2, 2021.... Since additional time is needed to finalize this revision, the expiration date of the order, as last amended on June 15, 2021, is hereby extended until August 31, 2021.... Unfortunately, it appears these estimates may have been overly optimistic, and may not have adequately considered the impact of the delta variant of the virus.

Enforcement: As SC-054

Citation: Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (extension) (2021-07-30-01) (Ex. SC-055) Open the exhibit

Ex. SC-058
Ordinance No. 2021-068, Emergency Order by the Mayor Declaring a State of Emergency (Facial Coverings)

Emergency order requiring facial coverings in all buildings at public and private schools and daycares within the City

Mayor Stephen K. Benjamin (Emergency Order), ratified by City Council, City of Columbia, South Carolina (City)

Dates
In force from Aug. 5, 2021 to Sept. 2, 2021 (issued Aug. 4, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careWorkplace rules
Functions reached
IN instruction (public and private schools); EC child care (daycares); WF workforce; HR staff duties (enforcement obligation)
Grade
Primary source read
Days in this quarter
29

(as quoted in Op. No. 28056) the ordinances mandate facemasks for 'all faculty, staff, children over the age of two (2), and visitors, in all buildings at public and private schools or daycares.'... The City ordinances would impose a $100 fine for each 'civil infraction.' In addition to the fine, 'repeated violations of this Ordinance by a person who owns, manages, operates or otherwise controls a school' are subject to a host of legal sanctions.

Enforcement: $100 civil infraction per violation; sanctions for repeated violations by persons who own, manage, operate or control a school (Op. No. 28056)

Citation: Mayor Stephen K. Benjamin (Emergency Order), ratified by City Council, Ordinance No. 2021-068, Emergency Order by the Mayor Declaring a State of Emergency (Facial Coverings) (Aug. 4, 2021) (Ex. SC-058) Open the exhibit

Ex. SC-059
Ordinance No. 2021-069, Ratifying Ordinance 2021-068 Declaring State of Emergency (Facial Coverings)

Council ratification of the Mayor's school and daycare facial-covering emergency order

Columbia City Council, City of Columbia, South Carolina (City)

Dates
In force from Aug. 5, 2021 to Sept. 2, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careWorkplace rules
Functions reached
as SC-058
Grade
Confirmed from a secondary source
Days in this quarter
29

'the second ordinance ratifies and mirrors the Mayor's declaration of an emergency' (Op. No. 28056)

Enforcement: As SC-058

Citation: Columbia City Council, Ordinance No. 2021-069, Ratifying Ordinance 2021-068 Declaring State of Emergency (Facial Coverings) (Aug. 5, 2021) (Ex. SC-059) Open the exhibit

Ex. SC-040
Creswick v. University of South Carolina, Op. No. 28053

Declaratory judgment that Proviso 117.190 does not prohibit a universal mask mandate at a public institution of higher learning

Supreme Court of South Carolina (original jurisdiction), South Carolina (Court)

Dates
In force from Aug. 17, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
IN instruction and campus operations of a State university; CP campus housing and dining; WF student and staff workforce; CB vendors and contractors on campus
Grade
Primary source read
Days in this quarter
45 (in force on the last day)

The language of Proviso 117.190 is not ambiguous as to the point in question--whether the proviso prohibits a universal mask mandate. Nothing in the proviso manifests the General Assembly's intent to prohibit all mask mandates at public institutions of higher learning.... [we] declare Proviso 117.190 does not prohibit a universal mask mandate.

Enforcement: Declaratory relief; the University reinstated its campus mask requirement

Citation: Supreme Court of South Carolina (original jurisdiction), Creswick v. University of South Carolina, Op. No. 28053 (Aug. 17, 2021) (Ex. SC-040) Open the exhibit

Ex. SC-056
Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended August 27, 2021) (2021-08-27-01)

Complete revision of the trial-court order; mitigation measures left to the Chief Justice; ninety-day term

Supreme Court of South Carolina, South Carolina (Court)

Dates
In force from Aug. 27, 2021 to Nov. 25, 2021
Quarters
2021 Q3
Limitations
Courts and public officesWorkplace rules
Functions reached
CT courts (Q3 2021); PJ litigation backlog; CL notarizations (certification in lieu of affidavit ended; Act No. 85 of 2021 recited)
Grade
Primary source read
Days in this quarter
35 (in force on the last day)

The pandemic has necessarily delayed the resolution of many cases, and the response to this emergency must now focus on the resolution of these cases in a safe, timely and just manner.... many of the restrictions and requirements in the June 15, 2021, order, which were designed to allow hearings, trials or other matters to be safely conducted during the pandemic, have not been included in this order, and these matters are now left to the Chief Justice.... This order is effective immediately, and the prior version of this order dated June 15, 2021, is rescinded. Pursuant to Rule 611, SCACR, this order shall expire in ninety (90) days unless extended by order of this Court.

Enforcement: Rule 611, SCACR; Chief Justice's administrative orders govern masking and distancing

Citation: Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended August 27, 2021) (2021-08-27-01) (Ex. SC-056) Open the exhibit

Ex. SC-041
Wilson ex rel. State v. City of Columbia, Op. No. 28056, 863 S.E.2d 456 (S.C. 2021)

Proviso 1.108 upheld; Columbia Ordinances 2021-068 and 2021-069 declared void insofar as they mandate masks in K-12 public schools

Supreme Court of South Carolina (original jurisdiction), South Carolina (Court)

Dates
In force from Sept. 2, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
IN in-person instruction; WF workforce (parents; school staff); EC child care (the daycare portion of the ordinances was not before the Court)
Grade
Primary source read
Days in this quarter
29 (in force on the last day)

Proviso 1.108 manifestly sets forth the intent of the legislature to prohibit mask mandates funded by the 2021-2022 Appropriations Act in K-12 public schools... The City ordinances would impose a $100 fine for each 'civil infraction.'... The conflict here is express, and, thus, Proviso 1.108 preempts the ordinances... we uphold Proviso 1.108 and declare void the challenged ordinances of the City insofar as they purport to impose a mask mandate in K-12 public schools.

Enforcement: Declaratory judgment; the Attorney General's Aug. 11, 2021 letter to the City recited

Citation: Supreme Court of South Carolina (original jurisdiction), Wilson ex rel. State v. City of Columbia, Op. No. 28056, 863 S.E.2d 456 (S.C. 2021) (Sept. 2, 2021) (Ex. SC-041) Open the exhibit

Ex. SC-060
Ordinance No. 2021-078, Enactment of Certain Ordinances Related to COVID-19

Re-enactment of mask ordinances (including K-12 schools) after Wilson v. City of Columbia

Columbia City Council, City of Columbia, South Carolina (City)

Dates
In force from Sept. 8, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
IN instruction; WF workforce
Grade
Confirmed from a secondary source
Days in this quarter
23 (in force on the last day)

Citation: Columbia City Council, Ordinance No. 2021-078, Enactment of Certain Ordinances Related to COVID-19 (Sept. 8, 2021) (Ex. SC-060)

Ex. SC-061
Emergency Ordinance No. ___-21HR, An Emergency Ordinance Requiring the Wearing of Face Masks to Help Alleviate the Spread of COVID 19, Specifically the Recent Surge in the Delta Variant

Masks in every commercial establishment in unincorporated Richland County and in schools and daycares

Richland County Council, Richland County, South Carolina (unincorporated areas) (County)

Dates
In force from Sept. 15, 2021 to Nov. 14, 2021 (issued Sept. 14, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careWorkplace rules
Functions reached
SF sales floor (every commercial establishment); DR dining room; SL salons; IN instruction; EC daycares; WF workforce; CB customers under mask condition
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

1. All persons entering a commercial establishment in the unincorporated Richland County [must wear a face mask]... [violation is] a civil infraction, punishable by a fine of not more than $25.00. A person who [owns or controls a business that fails to require masks is guilty of a civil infraction] punishable by a fine of not more than $100.00... [each day a] separate and distinct offense.... ARTICLE 2. Mask Requirement as it Pertains to Schools and Daycares... This Article pertains to schools subject to Proviso 1.108 of the 2021-2022 Appropriations Act and private schools and daycares... No school district or public school within the unincorporated Richland County shall create, announce, or enforce any policy requiring face masks... No public school employee shall use any paid work time or work equipment to [enforce this Ordinance]... SECTION IV. Effective Date. This Emergency Ordinance…

Enforcement: Civil infraction: $25 per person; $100 for the business or school; each day a separate offense; County code enforcement 'will periodically visit affected establishments'; no school or school-district staff enforcement (Article 2 ¶¶ 4-7, drafted to avoid Proviso 1.108)

Citation: Richland County Council, Emergency Ordinance No. ___-21HR, An Emergency Ordinance Requiring the Wearing of Face Masks to Help Alleviate the Spread of COVID 19, Specifically the Recent Surge in the Delta Variant (Sept. 14, 2021) (Ex. SC-061) Open the exhibit

Ex. SC-042
Richland County School District Two v. Lucas, Op. No. 28063, 862 S.E.2d 920 (S.C. 2021)

Provisos 1.108 and 1.103 held constitutional; proviso bars funded mask mandates but not mandates funded solely from federal or local funds

Supreme Court of South Carolina (original jurisdiction), South Carolina (Court)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
IN instruction; WF workforce
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

We hold the provisos are constitutional, and we reject the remaining challenges to the validity of the provisos.... [Proviso 1.108] prohibits the use of funds appropriated or authorized by the 2021-2022 Appropriations Act to announce or enforce a mask mandate.... [W]e do not reject the possibility that funds not appropriated or authorized by that act may be used to announce or enforce a mask mandate.

Enforcement: Declaratory judgment

Citation: Supreme Court of South Carolina (original jurisdiction), Richland County School District Two v. Lucas, Op. No. 28063, 862 S.E.2d 920 (S.C. 2021) (Sept. 30, 2021) (Ex. SC-042) Open the exhibit

Ex. SC-062
School and Childcare Exclusion List, 2021-2022 (revisions of Aug. 12 and Aug. 24, 2021; further revised Oct. 12, 2021)

Official School and Child Care Exclusion List of Contagious or Communicable Diseases, with COVID-19 exclusion and close-contact quarantine criteria

South Carolina Department of Health and Environmental Control (DHEC), South Carolina (Sector regulator)

Dates
In force from Sept. 30, 2021 to Sept. 30, 2021 (issued Aug. 24, 2021)
Quarters
2021 Q3
Limitations
Schools and child careHealth care ordersQuarantine and isolation
Functions reached
WF workforce (every parent of an excluded or quarantined child; every excluded school and child-care employee); IN instruction; EC child care ratios and cohorts; HR staffing
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

South Carolina law requires schools to take measures to prevent the spread of disease in the school and childcare populations by limiting the attendance of students and staff with contagious or infectious diseases at school and school activities. SC Regulation #61-20 requires DHEC to publish [this list].... Coronavirus Infectious Disease 2019 (COVID-19)... Exclude students or staff with a positive PCR test or another approved test... Criteria for return: 10 days since symptoms started -and- 24 hours since the last fever without using fever-reducing medication -and- Symptoms improved. Asymptomatic students or staff with a positive viral test (PCR or antigen*) are required to be excluded from school until 10 days after specimen collection.... Close contact: Someone who was within 6 feet of an infected person... for a cumulative total of 15 minutes or more over a 24-hour period... Those…

Enforcement: Regulation 61-20 (exclusion mandatory: 'are required to be excluded'); reporting of positive cases to DHEC 'urgently by phone within 24 hours'; DSS licensing of child-care facilities (ch. 114, art. 5)

Citation: South Carolina Department of Health and Environmental Control (DHEC), School and Childcare Exclusion List, 2021-2022 (revisions of Aug. 12 and Aug. 24, 2021; further revised Oct. 12, 2021) (Ex. SC-062) Open the exhibit

Continuing in force from an earlier quarter of this report (3 instruments):

ExhibitCitationDatesLimitations
Ex. SC-054Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended June 15, 2021) (2021-06-15-01) (Ex. SC-054)In force from June 15, 2021 to Aug. 27, 2021Capacity limitGathering capFace-covering requirementCourts and public officesWorkplace rules
Ex. SC-063Chief Justice Donald W. Beatty, Order re Required Use of Protective Masks in County and Municipal Courthouses (2020-07-30-01) (Ex. SC-063)In force from July 30, 2020 to Aug. 27, 2021Face-covering requirementCourts and public officesWorkplace rules
Ex. SC-044General Assembly of South Carolina (S. 704, ratified R. 33, Apr. 22, 2021; signed Apr. 23, 2021), Act No. 102 of 2021 (S. 704), Joint Resolution (Apr. 22, 2021) (Ex. SC-044)In force from Apr. 22, 2021 to Sept. 30, 2021Schools and child careWorkplace rules

Agencies, boards and authorities: South Carolina

The Library holds no instrument of this layer in force in this quarter for this selection.

End of general restrictions, State of South Carolina: Executive Order No. 2021-12 (Modifying and Amending Emergency Measures), following Executive Order No. 2021-11 (Mar. 1, 2021), which had rescinded the 11:00 p.m. alcohol curfew and converted the 50 percent / 250-person gathering cap to guidelines (2021-03-05). What remained: The State of Emergency itself (renewed every fifteen days to EO 2021-25 of May 22, 2021, which expired June 6-7, 2021); the State-employee telework directive until EO 2021-12 § 5(D) ordered agencies to submit plans for the full-time return of non-essential employees (Mar. 5, 2021); the regulatory-flexibility, procurement, hospital-capacity and unemployment provisions; the Supreme Court's trial-court order (as amended Dec. 16, 2020, Mar. 4, June 15 and Aug. 27, 2021) with the July 30, 2020 courthouse mask mandate, six-foot distancing and fever screening; the Department of Education's 2020-21 face-covering requirement through the school year; local face-covering ordinances (Columbia, Charleston, Greenville, Richland County, Charleston County, Myrtle Beach and others) until EO 2021-23 § 2(D) declared them invalid and preempted on May 11, 2021; EO 2021-23's vaccine-passport prohibition and school-mask opt-out (May 11 - June 7, 2021); Act 102 of 2021 (Apr. 22, 2021) requiring five-day in-person instruction; Provisos 1.108 and 117.190 from July 1, 2021; the DHEC School and Childcare Exclusion List; and the federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS, presidential entry proclamations).

Preemption of local orders, State of South Carolina: Every gubernatorial COVID-19 order from EO 2020-13 (Mar. 23, 2020) onward carried the clause: 'If or to the extent that any political subdivision of this State seeks to adopt or enforce a local ordinance, rule, regulation, or other restriction that conflicts with this Order, this Order shall supersede and preempt any such local ordinance, rule, regulation, or other restriction.' EO 2020-11 § 1(B) (Mar. 19, 2020) prohibited any county or municipality from closing any facility occupied by a State agency or employee. The Governor never issued a statewide general-public mask mandate; EO 2020-50 (Aug. 2, 2020) recited that he 'urge[d] counties and municipalities... to enact or implement' face-covering ordinances, and EO 2021-12 § 2(G) (Mar. 5, 2021) expressly preserved 'appropriate and narrowly tailored' local mask ordinances 'targeted... in the least restrictive manner possible.' EO 2021-23 § 2(D) (May 11, 2021) reversed course: 'to the extent any county, municipality, or political subdivision of this State continues to impose any ordinance, order, or other measure that requires the general public within its jurisdiction to wear a Face Covering and has relied in whole or in part on the undersigned's prior authorization or declarations of a State of Emergency... any such ordinance, order, or other measure is invalid and preempted'; § 3 barred any State or local vaccine-passport requirement. The General Assembly then enacted Proviso 1.108 (no school district may use appropriated funds to require masks; 'This prohibition extends to the announcement or enforcement of any such policy') and Proviso 117.190 (higher education), effective July 1, 2021 (Act 94 of 2021). The Supreme Court held in Wilson v. City of Columbia, Op. No. 28056 (Sept. 2, 2021), that Proviso 1.108 preempted and voided Columbia Ordinances 2021-068 and 2021-069 insofar as they mandated masks in K-12 public schools, and in Richland County School District Two v. Lucas, Op. No. 28063 (Sept. 30, 2021), that the proviso is constitutional while not barring mask rules funded solely with federal or local funds; Creswick v. University of South Carolina, Op. No. 28053 (Aug. 17, 2021), held Proviso 117.190 does not bar a universal university mask mandate. The United States District Court for the District of South Carolina preliminarily enjoined enforcement of Proviso 1.108 on September 28, 2021 (Disability Rights S.C. v. McMaster, No. 3:21-cv-02728); the Fourth Circuit vacated that injunction as to the Governor and Attorney General for want of standing on January 25, 2022 (24 F.4th 893). Local orders otherwise coexisted with the State's: Columbia and Charleston adopted stay-at-home ordinances on March 26, 2020, before the State's Home or Work Order, and the principal cities and counties adopted mask ordinances from late June 2020 (verified_secondary; see SC-038).

Third quarter of 2021: the instruments in force, State of South Carolina

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):

  • SC-045 Act 94 of 2021, Part IB, Proviso 1.108 (school mask-mandate prohibition) and Proviso 117.190 (higher education), effective July 1, 2021
  • SC-044 Act 102 of 2021 (S. 704), § 1 five-day in-person instruction for 2021-22 and § 3 dual-modality prohibition
  • SC-054 S.C. Supreme Court, Operation of the Trial Courts During the Coronavirus Emergency (as amended June 15, 2021), in force July 1 - Aug. 27, 2021 (expiration extended to Aug. 31 by SC-055 of July 30, 2021), incorporating the July 30, 2020 courthouse mask mandate (SC-063), six-foot distancing, 113 sq ft per person and fever screening
  • SC-056 S.C. Supreme Court, Operation of the Trial Courts (as amended Aug. 27, 2021), effective Aug. 27, 2021 for ninety days.
  • SC-062 DHEC School and Childcare Exclusion List 2021-22 (rev. Aug. 24, 2021; S.C. Code Regs. 61-20): exclusion of COVID-19 cases for 10 days; close contacts excluded 14 days unless fully vaccinated or infected within 90 days, with a shortened-quarantine option
  • $100 civil infraction; declared void as to K-12 public schools Sept. 2, 2021 (SC-041)
  • SC-061 Richland County Emergency Ordinance (adopted Sept. 14, 2021; effective Sept. 15, 2021, 6:00 a.m., for 61 days): masks for all persons entering a commercial establishment in the unincorporated county ($25 civil infraction; $100 for the business), and masks in schools and daycares without school-staff enforcement
  • SC-040 Creswick v. University of South Carolina, Op. No. 28053 (Aug. 17, 2021), sustaining the University's universal mask mandate (a State institution's requirement, in force from Aug. 2021)
  • SC-041 Wilson v. City of Columbia, Op. No. 28056 (Sept. 2, 2021), and SC-042 Richland County School District Two v. Lucas, Op. No. 28063 (Sept. 30, 2021)
  • Disability Rights S.C. v. McMaster, No. 3:21-cv-02728 (D.S.C. Sept. 28, 2021), preliminary injunction against enforcement of Proviso 1.108 (recited in SC-043); school-district mask policies adopted after it (verified_secondary)
  • Federal layer (FED files): CDC conveyance mask order and TSA directives; OSHA Healthcare ETS; presidential entry proclamations and DHS land-border notices

5. Standing duties in South Carolina

South Carolina bound its employers through four standing layers of law that predate March 2020 and ran through every claimable quarter, and the Governor's own orders wrote the protocols in as conditions of operating and tied them to the legislature's liability shield. First, the communicable-disease law. Section 44-1-80(A) commands that the health authority 'must investigate the reported causes of communicable or epidemic disease and must enforce or prescribe these preventive measures as may be needed to suppress or prevent the spread of these diseases by proper quarantine or other measures of prevention,' section 44-1-140(A) authorizes rules for 'the sanitation of hotels, restaurants, cafes... and all other places or establishments providing eating or drinking facilities' and for 'the care, segregation, and isolation of persons having or suspected of having any communicable, contagious, or infectious disease,' section 44-1-140(B) authorizes 'separate orders and rules to meet any emergency... for the purpose of suppressing... communicable, contagious, and infectious diseases,' and section 44-1-150 makes violation of a rule a misdemeanor and violation of 'a rule, regulation, permit, permit condition, final determination, or order' a civil penalty of up to one thousand dollars a day (Ex. DUT-SC-001). Every sheriff, constable and police officer 'must carry out and obey' the department's orders 'to enforce and carry out any and all restrictive measures and quarantine regulations' (section 44-1-100). The Emergency Health Powers Act of 2002, engaged by the Governor's public-health-emergency declaration under section 25-1-440(e), commands that 'DHEC must use every available means to prevent the transmission of infectious disease' (section 44-4-500), authorizes DHEC 'to close, direct and compel the evacuation of, or to decontaminate' any facility that 'may endanger the public health' (section 44-4-300(1)), and authorizes isolation and quarantine of 'an individual or groups of individuals,' including 'confinement to private homes or other private and public premises,' with the power to 'set rules and make orders' (section 44-4-530) (Ex. DUT-SC-002); the Governor's orders directed DHEC to exercise that section 44-4-500 mandate in terms (Ex. SC-013; Ex. SC-035). Second, the emergency-powers statutes. The Governor's proclamations and regulations 'have the force and effect of law as long as the emergency exists' (section 25-1-440(a)(1), Ex. DUT-SC-005); the Governor 'may... order and direct any person or group of persons to do any act which would in his opinion prevent or minimize danger to life, limb or property' and 'may order any person or group of persons to refrain from doing any act' (section 1-3-430, Ex. DUT-SC-006); and any person who 'violate[s] a provision in the proclamation' is guilty of a misdemeanor (section 16-7-10(A)(1), Ex. DUT-SC-004), a penalty every order in the library recites. The Attorney General told the State Law Enforcement Division on March 24, 2020 that section 16-7-10 'is intended in part to maintain good order during extraordinary times of emergency,' and told the General Assembly on March 29 and April 13, 2020 that 'the Governor's executive orders have made certain actions criminal... for the duration of the executive order' and that the General Assembly 'has delegated broad emergency powers to the Governor, pursuant to section 25-1-440' (Exs. DUT-SC-017 to DUT-SC-019). Third, the workplace duty. South Carolina runs its own OSHA plan; section 41-15-80(1) commands that 'Each employer shall furnish to 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' (Ex. DUT-SC-007); Regulation 71-112 restates the duty, Regulation 71-108 gives incorporated federal standards 'the same force and effect as other standards,' and Subarticle 6 'is identical to the federal regulations contained in 29 CFR 1910' (Ex. DUT-SC-008; the federal model at Ex. DUT-SC-013). SC OSHA's own COVID-19 statement of the duty reads: 'SC OSHA requires employers to provide a safe and healthy workplace and to implement practices that ensure coronavirus prevention. Employers must ensure social distancing for employees and customers; frequent and adequate employee handwashing; and that sick employees stay home' (Ex. DUT-SC-014), and the agency reported 'more than 1,900 calls and 1,100 complaints received related to COVID-19' since March 2020 (Ex. DUT-SC-011). Fourth, the liability shield. Act No. 99 of 2021 (S. 147, R. 39), the South Carolina COVID-19 Liability Immunity Act, approved April 28, 2021 and applicable to every cause of action arising from March 13, 2020 through the later of June 30, 2021 or 180 days after the final state of emergency was lifted, grants immunity only to 'a covered entity or covered individual that reasonably adheres to public health guidance applicable at the time the conduct giving rise to a coronavirus claim occurs,' withdraws it for 'a failure to make any attempt to adhere to public health guidance,' and defines 'public health guidance' as 'any applicable published guidance, directive, order, or rule provided by the South Carolina Occupational Safety and Health Administration, the South Carolina Department of Health and Environmental Control, or another state governmental entity, and federal guidance if referenced by state entities' (Ex. DUT-SC-009). The Governor's order of May 11, 2021 preserved every business's freedom to implement measures 'to "reasonably adhere to public health guidance" for purposes of the South Carolina COVID-19 Liability Immunity Act (R-39, S. 147)' (Ex. SC-035 § 2(G)). Fifth, the orders wrote the protocols in as conditions of operating: every open retailer 'shall limit the number of customers... so as not to exceed five (5) customers per 1,000 square feet of retail space, or twenty percent (20%),' 'shall not knowingly allow customers... to congregate within six (6) feet of one another,' and 'shall implement all reasonable steps to comply with any applicable sanitation guidelines promulgated by the CDC, DHEC, or any other state or federal public health officials' (Ex. SC-013; restated Ex. SC-015); from August 3, 2020 every restaurant 'shall be subject to and shall adhere to the following restrictions and conditions of operation,' including that it 'shall take reasonable steps to incorporate, implement, comply with, and adhere to any applicable sanitation guidelines promulgated by the CDC, DHEC,' 'shall require' face coverings of employees, customers, suppliers and vendors, and shall screen every employee each shift, with 'noncompliance with this Section... governed by the provisions of section 16-7-10(A)' (Ex. SC-027 § 3), and every Gathering venue's occupants 'shall wear a Face Covering... as a condition of entry or participation' (Ex. SC-027 § 4). The May 2020 reopening orders used 'should consider and incorporate industry guidelines' for restaurants and close-contact businesses (Exs. SC-019, SC-021), the October and November 2020 orders converted the restaurant spacing, seating and screening items to 'should' while keeping the sanitation-guideline, face-covering and alcohol items at 'shall' (Exs. SC-029, SC-030), and the March 5, 2021 order converted the whole restaurant section to guidelines the Governor 'urge[d]' businesses to adopt (Ex. SC-033); those recommended items are recorded as recommendations, and their legal effect after March 5, 2021 comes from Act No. 99, section 41-15-80 and Regulation 61-25, not from the Governor's verb. Sixth, the sanitary code. Regulation 61-25, adopted under sections 44-1-140(2), 44-1-150 and 44-1-180, governs every retail food establishment as a permit condition: the department 'may suspend the permit to operate a retail food establishment when it is determined that the operation... constitutes an imminent health hazard,' whereupon 'all food service operations shall immediately cease' (Reg. 61-25 § 8-404.11(A)-(B), Ex. DUT-SC-016); the orders defined 'Restaurants' by reference to that regulation and section 44-1-140 (Exs. SC-027, SC-030). Seventh, South Carolina tort law makes violation of a protective statute negligence per se: 'If he then shows that the defendant violated the statute, he has proven the second element of a negligence cause of action: viz., that the defendant, by act or omission, failed to exercise due care. This constitutes proof of negligence per se' (Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251 (1991), Ex. DUT-SC-020). Nothing a South Carolina employer did to distance, sanitize, screen, mask or exclude the ill was outside the law's command.

The State's standing duties

Ex. DUT-SC-001

S.C. Code Ann. Title 44, Chapter 1 (Department of Health and Environmental Control), §§ 44-1-80, 44-1-100, 44-1-110, 44-1-140, 44-1-150

Duties and powers as to communicable or epidemic diseases; assistance from peace and health officers; quarantine system; rules and regulations for public health, including emergency orders; penalty for violating rules of department

General Assembly of South Carolina, South Carolina (State)

Dates
Standing (in force throughout 2020 Q2 to 2021 Q3 in the text quoted in the notes)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureWorkplace rulesQuarantine and isolationStanding duty
Character
statutory duty
Grade
Primary source read

The Board of Health and Environmental Control or its designated agents must investigate the reported causes of communicable or epidemic disease and must enforce or prescribe these preventive measures as may be needed to suppress or prevent the spread of these diseases by proper quarantine or other measures of prevention, as may be necessary to protect the citizens of the State.

Enforcement: § 44-1-150(A): misdemeanor, fine not more than $200 or imprisonment for thirty days, after notice; § 44-1-150(B): civil penalty not to exceed $1,000 a day for each violation of a rule, regulation, permit, permit condition, final determination or order issued pursuant to § 44-1-140

Citation: General Assembly of South Carolina, S.C. Code Ann. Title 44, Chapter 1 (Department of Health and Environmental Control), §§ 44-1-80, 44-1-100, 44-1-110, 44-1-140, 44-1-150 (standing) (Ex. DUT-SC-001) Open the exhibit

Ex. DUT-SC-002

S.C. Code Ann. Title 44, Chapter 4, Emergency Health Powers Act, §§ 44-4-100 to 44-4-570 (in particular §§ 44-4-130, 44-4-300, 44-4-310, 44-4-500, 44-4-510, 44-4-520, 44-4-530, 44-4-540)

Emergency Health Powers Act: control of property and dangerous facilities; control and treatment of infectious disease; isolation and quarantine of individuals or groups; penalty for noncompliance

General Assembly of South Carolina, South Carolina (State)

Dates
Standing (operative during a declared state of public health emergency (§ 25-1-440(e)); the Governor's COVID-19 emergency ran March 13, 2020 to June 6-7, 2021 (Exs. SC-001, SC-036, SC-037))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureHealth care ordersQuarantine and isolationStanding duty
Character
statutory duty
Grade
Primary source read

During a state of public health emergency, DHEC must use every available means to prevent the transmission of infectious disease and to ensure that all cases of infectious disease are subject to proper control and treatment.

Enforcement: § 44-4-530(C): 'A person subject to isolation or quarantine must comply with DHEC's rules and orders, and must not go beyond the isolation or quarantine premises. Failure to comply with these rules and orders constitutes a felony and, upon conviction, a person must be fined not more than one thousand dollars or imprisoned not more than thirty days, or both'; entry into isolation or quarantine…

Citation: General Assembly of South Carolina, S.C. Code Ann. Title 44, Chapter 4, Emergency Health Powers Act, §§ 44-4-100 to 44-4-570 (in particular §§ 44-4-130, 44-4-300, 44-4-310, 44-4-500, 44-4-510, 44-4-520, 44-4-530, 44-4-540) (standing) (Ex. DUT-SC-002) Open the exhibit

Ex. DUT-SC-003

S.C. Code Ann. Title 44, Chapter 29 (Contagious and Infectious Diseases), §§ 44-29-10, 44-29-40, 44-29-50, 44-29-200

Reporting of contagious diseases; general supervision of vaccination, screening and immunization; violation of regulation a misdemeanor; exclusion of teachers and pupils with contagious diseases

General Assembly of South Carolina, South Carolina (State)

Dates
Standing (in force throughout 2020 Q2 to 2021 Q3)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Schools and child careQuarantine and isolationStanding duty
Character
statutory duty
Grade
Primary source read

Any person who shall fail, neglect or refuse to comply with any regulation of the Department of Health and Environmental Control relating to vaccination, screening or immunization shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or be imprisoned for not more than thirty days.

Enforcement: § 44-29-50: misdemeanor, fine not more than $100 or imprisonment not more than thirty days; § 44-29-40(B) civil penalties under § 44-1-150

Citation: General Assembly of South Carolina, S.C. Code Ann. Title 44, Chapter 29 (Contagious and Infectious Diseases), §§ 44-29-10, 44-29-40, 44-29-50, 44-29-200 (standing) (Ex. DUT-SC-003) Open the exhibit

Ex. DUT-SC-004

S.C. Code Ann. § 16-7-10

Illegal acts during state of emergency

General Assembly of South Carolina, South Carolina (State)

Dates
Standing (operative in any area designated in a gubernatorial proclamation of a state of emergency, for its duration (March 13, 2020 to June 6-7, 2021 for COVID-19))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Gathering capStanding dutyOther
Character
order penalty
Grade
Primary source read

In any area designated by the Governor in his proclamation that a state of emergency exists, and during the duration of the proclamation, it is unlawful for a person to: (1)(a) violate a provision in the proclamation including, but not limited to, any curfew set forth by the proclamation; (b) congregate, unless authorized or in their homes, in groups of three or more

Enforcement: misdemeanor; fine not more than $100 or imprisonment not more than thirty days (§ 16-7-10(A)(1))

Citation: General Assembly of South Carolina, S.C. Code Ann. § 16-7-10 (standing) (Ex. DUT-SC-004) Open the exhibit

Ex. DUT-SC-005

S.C. Code Ann. § 25-1-440

Additional powers and duties of Governor during declared emergency

General Assembly of South Carolina, South Carolina (State)

Dates
Standing (operative upon the Governor's declaration of emergency (March 13, 2020, Ex. SC-001, renewed to June 6-7, 2021, Exs. SC-036, SC-037))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationStay-at-homeBusiness closureCapacity limitStanding duty
Character
statutory authority
Grade
Primary source read

(1) issue emergency proclamations and regulations and amend or rescind them. These proclamations and regulations have the force and effect of law as long as the emergency exists;... (7)... to control ingress and egress at an emergency area, the movement of persons within the area, and the occupancy of premises therein

Enforcement: violation of a proclamation is a misdemeanor under § 16-7-10(A) (Ex. DUT-SC-004); enforcement by injunction, mandamus or other legal action under § 1-3-440(4) (Ex. DUT-SC-006)

Citation: General Assembly of South Carolina, S.C. Code Ann. § 25-1-440 (standing) (Ex. DUT-SC-005) Open the exhibit

Ex. DUT-SC-006

S.C. Code Ann. §§ 1-3-420, 1-3-430, 1-3-440, 1-3-460 (Title 1, Chapter 3, Article 7)

Proclamation of emergency by Governor; orders to prevent danger; further powers of Governor; powers supplemental

General Assembly of South Carolina, South Carolina (State)

Dates
Standing (operative upon the Governor's proclamation (March 13, 2020 to June 6-7, 2021 for COVID-19))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationBusiness closureGathering capStanding duty
Character
statutory authority
Grade
Primary source read

he may further, cope with such threats and danger, order and direct any person or group of persons to do any act which would in his opinion prevent or minimize danger to life, limb or property, or prevent a breach of the peace; and he may order any person or group of persons to refrain from doing any act or thing which would, in his opinion, endanger life, limb or property

Enforcement: § 1-3-440(4): enforcement by injunction, mandamus or other appropriate legal action; § 16-7-10(A): misdemeanor

Citation: General Assembly of South Carolina, S.C. Code Ann. §§ 1-3-420, 1-3-430, 1-3-440, 1-3-460 (Title 1, Chapter 3, Article 7) (standing) (Ex. DUT-SC-006) Open the exhibit

Ex. DUT-SC-007

S.C. Code Ann. Title 41, Chapter 15 (Occupational Safety and Health), § 41-15-80; §§ 41-15-210, 41-15-280, 41-15-290, 41-15-320

Employers shall furnish safe place; compliance of employers and employees to certain rules; rulemaking; citations; injunctions; penalties

General Assembly of South Carolina, South Carolina (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

Each employer shall furnish to 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, and he shall comply with occupational safety and health rules and regulations promulgated under this chapter.

Enforcement: citations (§ 41-15-280), orders to correct dangerous conditions and injunctions (§ 41-15-290) and civil penalties (§ 41-15-320) administered by the Department of Labor, Licensing and Regulation (SC OSHA)

Citation: General Assembly of South Carolina, S.C. Code Ann. Title 41, Chapter 15 (Occupational Safety and Health), § 41-15-80; §§ 41-15-210, 41-15-280, 41-15-290, 41-15-320 (standing) (Ex. DUT-SC-007) Open the exhibit

Ex. DUT-SC-008

S.C. Code Regs. Chapter 71, Article 1 (Occupational Safety and Health): Reg. 71-108 (Incorporation by Reference), Reg. 71-112 (General Duty Clause), Subarticle 6 (South Carolina Occupational Safety and Health Standards for General Industry)

Occupational Safety and Health regulations: general duty clause; incorporation by reference of federal standards; general industry standards identical to 29 C.F.R. Part 1910

South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), by regulation under § 41-15-210, South Carolina (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

Employers shall maintain a place of employment which is free of recognized hazards which may cause death or serious physical harm to his employees and he shall comply with this regulation and other occupational safety and health rules and regulations promulgated under Chapter 15 of Title 41, Code of Laws, State of South Carolina, 1976, as amended.

Enforcement: citations and civil penalties under S.C. Code Ann. §§ 41-15-280 to 41-15-320

Citation: South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), by regulation under § 41-15-210, S.C. Code Regs. Chapter 71, Article 1 (Occupational Safety and Health): Reg. 71-108 (Incorporation by Reference), Reg. 71-112 (General Duty Clause), Subarticle 6 (South Carolina Occupational Safety and Health Standards for General Industry) (standing) (Ex. DUT-SC-008) Open the exhibit

Ex. DUT-SC-009

Act No. 99 of 2021 (S. 147, R. 39), a Joint Resolution, the 'South Carolina COVID-19 Liability Immunity Act'

A Joint Resolution to enact the 'South Carolina COVID-19 Liability Immunity Act' so as to provide liability protections for a limited time period for health care providers and businesses that follow public health guidance in response to the coronavirus public health emergency

General Assembly of South Carolina (S. 147, ratified R. 39, April 28, 2021; approved by Governor Henry McMaster April 28, 2021), South Carolina (State)

Dates
Standing (2021-04-28 ('takes effect upon approval by the Governor'), applying to all civil and administrative causes of action arising between March 13, 2020 and the later of June 30, 2021 or 180 days after the final COVID-19 state of emergency is lifted (§ 9))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesOperating conditionOther
Character
liability shield condition
Grade
Primary source read

Notwithstanding any other provision of law, a covered entity or covered individual that reasonably adheres to public health guidance applicable at the time the conduct giving rise to a coronavirus claim occurs shall be entitled to immunity from liability for any acts or omissions resulting in a coronavirus claim.

Enforcement: loss of immunity (§ 4(1)-(2)); the Act preserves workers' compensation remedies (§ 8) and business-interruption insurance claims (§ 5)

Citation: General Assembly of South Carolina (S. 147, ratified R. 39, April 28, 2021; approved by Governor Henry McMaster April 28, 2021), Act No. 99 of 2021 (S. 147, R. 39), a Joint Resolution, the 'South Carolina COVID-19 Liability Immunity Act' (standing) (Ex. DUT-SC-009) Open the exhibit

Ex. DUT-SC-010

SC OSHA web page, 'SC OSHA COVID-19 Worker Safety Guidance' (scosha.llronline.com/coronavirus.aspx)

SC OSHA COVID-19 Worker Safety Guidance: SC OSHA Guidance on Returning to Work; Guidance on Preparing Workplaces for COVID-19 (SC OSHA); Prevent Worker Exposure to Coronavirus (SC OSHA); Worker Exposure Risk to COVID-19 (SC OSHA); General Requirements and Prevention Practices (SC OSHA); Interim Guidance on N95 Respirator Use (SC OSHA); Masks Versus Respirators (SC OSHA); and federal OSHA and CDC resources

South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), South Carolina (State)

Dates
Standing (2020-03-28 (first SC OSHA COVID-19 fact sheet, Ex. DUT-SC-015) onward)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rules
Character
agency guidance recommendation
Grade
Primary source read

SC OSHA is providing guidance to employers and employees as a result of COVID-19. Please use the information and resources below to help keep everyone safe and healthy.

Enforcement: none in itself; enforced through § 41-15-80 and Reg. 71-112 (general duty) and through Act No. 99 § 4 (loss of immunity for failure to attempt adherence)

Citation: South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), SC OSHA web page, 'SC OSHA COVID-19 Worker Safety Guidance' (scosha.llronline.com/coronavirus.aspx) (standing) (Ex. DUT-SC-010) Open the exhibit

Ex. DUT-SC-011

SC OSHA web page, 'SC OSHA's Response to COVID-19' / 'SC OSHA: The Only Constant is Change' (scosha.llronline.com/coronavirus2.aspx)

SC OSHA's Response to COVID-19: statement of COVID-19 complaint handling, partnerships with DHEC and the Department of Commerce on accelerateSC re-entry guidelines, and food-service enforcement partnership with DHEC

South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), South Carolina (State)

Dates
Standing (statement of activity from March 2020 to February 2021)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Workplace rules
Character
guidance incorporated
Grade
Primary source read

Since March 2020, SC OSHA has worked tirelessly to address the more than 1,900 calls and 1,100 complaints received related to COVID-19.

Enforcement: n/a (enforcement statement)

Citation: South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), SC OSHA web page, 'SC OSHA's Response to COVID-19' / 'SC OSHA: The Only Constant is Change' (scosha.llronline.com/coronavirus2.aspx) (Feb. 25, 2021) (Ex. DUT-SC-011) Open the exhibit

Ex. DUT-SC-012

DHEC, Interim Guidance for COVID-19 Scenarios in Businesses (July 25, 2020)

Interim Guidance for COVID-19 Scenarios in Businesses: positive employee; sick but no test; close contact of a case; return-to-work criteria

South Carolina Department of Health and Environmental Control (DHEC), South Carolina (State)

Dates
Standing (2020-07-25 (superseding earlier versions; the DHEC Businesses & Employers page listed it as 'UPDATED'))
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesQuarantine and isolation
Character
guidance incorporated
Grade
Primary source read

DHEC is providing this generalized guidance for use by employers and employees to determine the best practices to utilize in various scenarios involving COVID-19 in the workplace.... If the employee was in close contact with someone with whom they do not live, they must quarantine for 14 days after their last contact with the positive person.

Enforcement: none in itself; incorporated by the Governor's orders as 'sanitation guidelines promulgated by the CDC, DHEC, or any other state or federal public health officials' that restaurants and Gathering hosts 'shall take reasonable steps to incorporate, implement, comply with, and adhere to' (Ex. SC-027 §§ 3(A)(1), 4(B)(4)) and by Act No. 99 § 3(5) as 'public health guidance'

Citation: South Carolina Department of Health and Environmental Control (DHEC), DHEC, Interim Guidance for COVID-19 Scenarios in Businesses (July 25, 2020) (Ex. DUT-SC-012) Open the exhibit

Ex. DUT-SC-013

29 U.S.C. § 654 (OSH Act § 5), Duties of employers and employees

Duties of employers and employees (general duty clause)

Congress of the United States, United States (Federal)

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

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.

Enforcement: 29 U.S.C. § 666 civil and criminal penalties

Citation: Congress of the United States, 29 U.S.C. § 654 (OSH Act § 5), Duties of employers and employees (standing) (Ex. DUT-SC-013) Open the exhibit

Ex. DUT-SC-014

SC OSHA FastFind, 'Corona Virus (COVID-19) Prevention: General Requirements and Prevention Ideas for Workplaces' (created April 20, 2020)

General Requirements and Prevention Ideas for Workplaces: mandatory social distancing; handwashing and sanitation; sick employees stay home; hazard education; ideas for indoor, mobile and outdoor work areas, break rooms and meeting rooms

South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), South Carolina (State)

Dates
Standing (2020-04-20)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Capacity limitWorkplace rules
Character
guidance incorporated
Grade
Primary source read

SC OSHA requires employers to provide a safe and healthy workplace and to implement practices that ensure coronavirus prevention. Employers must ensure social distancing for employees and customers; frequent and adequate employee handwashing; and that sick employees stay home.

Enforcement: none in the document itself; the stated requirements are enforced as the content of § 41-15-80 and Reg. 71-112 through citations and civil penalties, and adherence to them is the condition of immunity under Act No. 99 § 4

Citation: South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), SC OSHA FastFind, 'Corona Virus (COVID-19) Prevention: General Requirements and Prevention Ideas for Workplaces' (created April 20, 2020) (standing) (Ex. DUT-SC-014) Open the exhibit

Ex. DUT-SC-015

SC OSHA FastFact, 'Employers play an important role in controlling the spread of COVID-19 - March 2020' (created March 28, 2020)

Employers play an important role in controlling the spread of COVID-19: infectious disease safety strategies, social distancing, workplace posters, guidance on preparing workplaces

South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), South Carolina (State)

Dates
Standing (2020-03-28)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rules
Character
recommendation only
Grade
Primary source read

Employers should start taking steps now, and should be using all resources necessary to prepare for and respond to the outbreak. In addition to normal hazard-prevention strategies, like engineering controls or personal protective equipment for specific hazards, all employers should now develop and implement infectious disease safety strategies

Enforcement: none; a recommendation whose legal effect arises from Act No. 99 § 3(5) and § 4 (SC OSHA guidance is 'public health guidance'; immunity requires reasonable adherence) and from the general duty of § 41-15-80 as SC OSHA stated it three weeks later in mandatory terms (Ex. DUT-SC-014)

Citation: South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), SC OSHA FastFact, 'Employers play an important role in controlling the spread of COVID-19 - March 2020' (created March 28, 2020) (standing) (Ex. DUT-SC-015) Open the exhibit

Ex. DUT-SC-016

S.C. Code Regs. 61-25, Retail Food Establishments (within the Legislative Council's compilation 'Chapter 61-18 through 61-58.17')

Retail Food Establishments: management and personnel (employee health, exclusions and restrictions, § 2-201); compliance and enforcement (permits; imminent health hazard, § 8-404.11; resumption of operations, § 8-404.12)

South Carolina Department of Health and Environmental Control (DHEC), by regulation, South Carolina (State)

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

(A) The Department, without prior notice or hearing, may suspend the permit to operate a retail food establishment when it is determined that the operation of the retail food establishment constitutes an imminent health hazard to public health... (B) Following permit suspension due to an imminent health hazard, all food service operations shall immediately cease.

Enforcement: permit suspension and cessation of operations (§ 8-404.11); misdemeanor and civil penalties under § 44-1-150 (Ex. DUT-SC-001)

Citation: South Carolina Department of Health and Environmental Control (DHEC), by regulation, S.C. Code Regs. 61-25, Retail Food Establishments (within the Legislative Council's compilation 'Chapter 61-18 through 61-58.17') (standing) (Ex. DUT-SC-016) Open the exhibit

Ex. DUT-SC-017

Op. S.C. Att'y Gen. (letter to SLED Chief Keel), March 24, 2020, re Section 16-7-10

Guidance to law enforcement regarding the interpretation, application, and enforcement of Section 16-7-10 of the South Carolina Code of Laws

Attorney General Alan Wilson, by Robert D. Cook, Solicitor General (letter to Chief Mark A. Keel, South Carolina Law Enforcement Division), South Carolina (State)

Dates
Standing (2020-03-24)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Gathering capOther
Character
agency interpretation
Grade
Primary source read

Section 16-7-10 is intended in part to maintain good order during extraordinary times of emergency. The unique nature of a pandemic is such that SCDHEC and epidemiologist are strongly urging against even the most orderly large gatherings. However, the enforcement of this criminal statute must yield to established constitutional limitations.

Enforcement: n/a (construes the § 16-7-10 misdemeanor)

Citation: Attorney General Alan Wilson, by Robert D. Cook, Solicitor General (letter to Chief Mark A. Keel, South Carolina Law Enforcement Division), Op. S.C. Att'y Gen. (letter to SLED Chief Keel), March 24, 2020, re Section 16-7-10 (Mar. 24, 2020) (Ex. DUT-SC-017) Open the exhibit

Ex. DUT-SC-018

Op. S.C. Att'y Gen. (Mar. 29, 2020) (to Rep. Jeff Bradley), on the extraordinary powers of the Governor during a state of emergency, with additional citations

Do the Governor's extraordinary powers in a state of emergency preempt similar orders of counties and municipalities during the same state of emergency?

Attorney General Alan Wilson, by Robert D. Cook, Solicitor General (expedited opinion to the Hon. Jeff Bradley, S.C. House of Representatives, District 123), South Carolina (State)

Dates
Standing (2020-03-29)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Emergency declarationOther
Character
agency interpretation
Grade
Primary source read

Here the Governor's executive orders have made certain actions criminal, but others remain legal, for the duration of the executive order.... This conclusion that the Governor's emergency powers preempt those of counties and municipalities is equally applicable to the pandemic created by COVID-19.

Enforcement: n/a (opinion describing the criminal effect of the Governor's orders)

Citation: Attorney General Alan Wilson, by Robert D. Cook, Solicitor General (expedited opinion to the Hon. Jeff Bradley, S.C. House of Representatives, District 123), Op. S.C. Att'y Gen. (Mar. 29, 2020) (to Rep. Jeff Bradley), on the extraordinary powers of the Governor during a state of emergency, with additional citations (Ex. DUT-SC-018) Open the exhibit

Ex. DUT-SC-019

Op. S.C. Att'y Gen. (Apr. 13, 2020) (to Rep. Josiah Magnuson), on the Governor's authority under § 25-1-440 and the fifteen-day limitation

Whether the Governor may issue successive fifteen-day emergency declarations without the consent of the General Assembly; the scope of the emergency powers delegated by § 25-1-440

Attorney General Alan Wilson (opinion to the Hon. Josiah Magnuson, S.C. House of Representatives), South Carolina (State)

Dates
Standing (2020-04-13)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Emergency declarationOther
Character
agency interpretation
Grade
Primary source read

The General Assembly has delegated broad emergency powers to the Governor, pursuant to § 25-1-440 to manage the State's response to a declared emergency.... In that vein, the Legislature has delegated enormous authority to the Governor pursuant to § 25-1-440.

Enforcement: n/a (opinion confirming the validity of the emergency declarations that carried the § 16-7-10 penalty)

Citation: Attorney General Alan Wilson (opinion to the Hon. Josiah Magnuson, S.C. House of Representatives), Op. S.C. Att'y Gen. (Apr. 13, 2020) (to Rep. Josiah Magnuson), on the Governor's authority under § 25-1-440 and the fifteen-day limitation (Ex. DUT-SC-019) Open the exhibit

Ex. DUT-SC-020

Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251 (S.C. 1991) (heard Jan. 7, 1991; decided Oct. 14, 1991)

Whether a private cause of action for damages may be instituted under S.C. Code Ann. §§ 61-9-40 and 61-9-410; the test for negligence per se from violation of a protective statute

Supreme Court of South Carolina (per curiam; certified question under Supreme Court Rule 46 from the United States District Court for the District of South Carolina), South Carolina (Court)

Dates
Standing (1991-10-14)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
adjudication
Grade
Primary source read

If he then shows that the defendant violated the statute, he has proven the second element of a negligence cause of action: viz., that the defendant, by act or omission, failed to exercise due care. This constitutes proof of negligence per se.... The statute can establish a duty to plaintiff.... A breach of the duty can be found with a showing of violation of the statute.

Enforcement: civil liability in negligence (negligence per se) upon proof of proximate cause

Citation: Supreme Court of South Carolina (per curiam; certified question under Supreme Court Rule 46 from the United States District Court for the District of South Carolina), Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251 (S.C. 1991) (heard Jan. 7, 1991; decided Oct. 14, 1991) (standing) (Ex. DUT-SC-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 South Carolina with the instruments this report found for the quarters selected and no others: the order; the function of the business it reached; the change it compelled, in its own words; the days of the quarter on which it was in force; and the statute's answer. Where the Library holds only federal-layer and standing-duty instruments for a quarter, the section says so and applies the test to those instruments.

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

Step one, the orders. In the second quarter of 2020 the Library holds 259 instruments in force for this selection: 33 instruments from the State of South Carolina (Governor Henry McMaster, Executive Order No. 2020-21 (Apr. 6, 2020) (Ex. SC-013); Governor Henry McMaster, Executive Order No. 2020-40 (June 11, 2020) (Ex. SC-024); Governor Henry McMaster, Executive Order No. 2020-10 (Mar. 17, 2020) (Ex. SC-003); and 30 more), 2 instruments from the agencies, boards and authorities of South Carolina (South Carolina Department of Corrections (Director Bryan P. Stirling), after coordination with DHEC and the Governor's Office, SCDC COVID-19 Action Plan (Phase Two), Mar. 16, 2020 (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-022); South Carolina State Ports Authority, Legal Notice: Pandemic Emergency Management Plan (SC Ports, 2020) (June 2, 2020) (Ex. AGY-USCG-PORTS-086)), 179 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190); and 176 more) and 45 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 43 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: predicate (Ex. SC-014); CB (Ex. SC-019); CB customer base (Ex. SC-003); DR dining room (Ex. SC-003); WF workforce (Ex. SC-013); SF sales floor (Ex. SC-013); VS visitation (Ex. SC-024); BA bar (Ex. SC-018); CL classes (Ex. SC-010); CL closings (Ex. SC-047).

Step three, the change compelled. Governor Henry McMaster, Executive Order No. 2020-21 (Apr. 6, 2020) (Ex. SC-013) ordered: "effective Tuesday, April 7, 2020, at 5:00 p.m., any and all residents and visitors of the State of South Carolina are required to limit social interaction, practice 'social distancing' in accordance with CDC guidance, and take every possible precaution to avoid potential exposure to, and to slow the…" Enforcement: § 16-7-10(A) misdemeanor ($100 / 30 days); § 1-3-440(4) injunction and mandamus; DHEC Emergency Health Powers Act; preemption of conflicting local rules Governor Henry McMaster, Executive Order No. 2020-40 (June 11, 2020) (Ex. SC-024) ordered: "I hereby direct the continued closure of all public schools in the State of South Carolina for students and non-essential employees for the duration of the State of Emergency.... I further authorize all state-supported colleges, universities, and technical colleges... to continue to provide…" Enforcement: § 6: § 16-7-10(A); § 1-3-440(4); DHEC Governor Henry McMaster, Executive Order No. 2020-10 (Mar. 17, 2020) (Ex. SC-003) ordered: "any and all restaurants or other food-service establishments... which prepare, produce, or otherwise offer or sell food or beverages of any kind for on-premises consumption in the State of South Carolina, shall suspend services for, and may not permit, on-premises or dine-in consumption, beginning…" Enforcement: § 16-7-10(A) (misdemeanor; fine not more than $100 or imprisonment not more than 30 days); DOR and SLED authorized to administer and enforce, with summary… The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Mar. 13, 2020 to June 30, 2020, 110 days. Executive Order No. 2020-21 (Ex. SC-013) was in force from Apr. 7, 2020 to May 4, 2020, 28 of the quarter's 110 days; Executive Order No. 2020-40 (Ex. SC-024) was in force from June 11, 2020 to June 26, 2020, 16 of the quarter's 110 days; Executive Order No. 2020-10 (Ex. SC-003) was in force from Mar. 18, 2020 to May 4, 2020, 48 of the quarter's 110 days. Of the 35 instruments in the quarter's record, 2 were in force on its first day, 18 on its last day and 2 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of 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 second quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the third quarter of 2020 the Library holds 233 instruments in force for this selection: 18 instruments from the State of South Carolina (Governor Henry McMaster, Executive Order No. 2020-50 (Aug. 2, 2020) (Ex. SC-027); Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006); Governor Henry McMaster, Executive Order No. 2020-18 (Apr. 3, 2020) (Ex. SC-011); and 15 more), 2 instruments from the agencies, boards and authorities of South Carolina (South Carolina Department of Corrections (Director Bryan P. Stirling), after coordination with DHEC and the Governor's Office, SCDC COVID-19 Action Plan (Phase Two), Mar. 16, 2020 (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-022); South Carolina State Ports Authority, Legal Notice: Pandemic Emergency Management Plan (SC Ports, 2020) (June 2, 2020) (Ex. AGY-USCG-PORTS-086)), 163 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); and 160 more) and 50 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 48 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: CB (Ex. SC-019); DR dining room (Ex. SC-027); BA bar (Ex. SC-027); CB customers under mask condition (Ex. SC-027); PJ litigation (Ex. SC-051); VS visitation (Ex. SC-039); predicate (Ex. SC-025); AM nightlife (Ex. SC-026); BA bar and alcohol sales (Ex. SC-005); BA bar and alcohol service after 11:00 p.m. (Ex. SC-026).

Step three, the change compelled. Governor Henry McMaster, Executive Order No. 2020-50 (Aug. 2, 2020) (Ex. SC-027) ordered: "effective Monday, August 3, 2020, at 5:00 p.m., individuals shall wear a Face Covering in state government offices, buildings, and facilities... Restaurants shall require that all employees, customers, patrons, suppliers, vendors, and other visitors wear Face Coverings... except while actively…" Enforcement: § 14: § 16-7-10 dispersal and misdemeanor ($100 / 30 days); § 1-3-440(4); DHEC; § 3(D) law enforcement 'authorize[d] and encourage[d]' to enforce restaurant… Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006) ordered: "I hereby authorize, order, and direct any and all law enforcement officers of the State, or any political subdivision thereof, in accordance with section 16-7-10 of the South Carolina Code of Laws and other applicable law, to prohibit or disperse any congregation or gathering of people, unless…" Enforcement: § 16-7-10(A): any individual who 'refuse[s] to disperse upon order of a law enforcement officer,' 'wilfully fail[s] or refuse[s] to comply with any lawful order… Governor Henry McMaster, Executive Order No. 2020-18 (Apr. 3, 2020) (Ex. SC-011) ordered: "effective Monday, April 6, 2020, at 5:00 p.m., the following additional 'non-essential' businesses, venues, facilities, services, and activities shall be closed to non-employees and shall not be open for access or use by the public... 1. Retail stores as follows: (a) Furniture and home-furnishings…" Enforcement: § 3: § 16-7-10(A) ($100 / 30 days); § 1-3-440(4); DHEC; Department of Commerce determination process (§ 2) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2020 to Sept. 30, 2020, 92 days. Executive Order No. 2020-50 (Ex. SC-027) was in force from Aug. 3, 2020 to Oct. 2, 2020, 59 of the quarter's 92 days; Executive Order No. 2020-13 (Ex. SC-006) was in force from Mar. 23, 2020 to June 30, 2021, 92 of the quarter's 92 days; Executive Order No. 2020-34 (Ex. SC-019) was in force from May 11, 2020 to Aug. 3, 2020, 34 of the quarter's 92 days. Of the 20 instruments in the quarter's record, 13 were in force on its first day, 15 on its last day and 10 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 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the fourth quarter of 2020 the Library holds 230 instruments in force for this selection: 16 instruments from the State of South Carolina (Governor Henry McMaster, Executive Order No. 2020-50 (Aug. 2, 2020) (Ex. SC-027); Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006); Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended December 16, 2020) (2020-12-16-01) (Ex. SC-052); and 13 more), 1 instrument from the agencies, boards and authorities of South Carolina (South Carolina State Ports Authority, Legal Notice: Pandemic Emergency Management Plan (SC Ports, 2020) (June 2, 2020) (Ex. AGY-USCG-PORTS-086)), 160 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); 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); Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); and 157 more) and 53 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 51 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: CT courts (Ex. SC-052); PJ litigation (Ex. SC-052); CB customers under mask condition (Ex. SC-027); CL closings (Ex. SC-052); DR dining room (Ex. SC-027); OF State offices (Ex. SC-027); AM nightlife (Ex. SC-026); BA (Ex. SC-029); BA bar (Ex. SC-027); BA bar and alcohol sales (Ex. SC-005).

Step three, the change compelled. Governor Henry McMaster, Executive Order No. 2020-50 (Aug. 2, 2020) (Ex. SC-027) ordered: "effective Monday, August 3, 2020, at 5:00 p.m., individuals shall wear a Face Covering in state government offices, buildings, and facilities... Restaurants shall require that all employees, customers, patrons, suppliers, vendors, and other visitors wear Face Coverings... except while actively…" Enforcement: § 14: § 16-7-10 dispersal and misdemeanor ($100 / 30 days); § 1-3-440(4); DHEC; § 3(D) law enforcement 'authorize[d] and encourage[d]' to enforce restaurant… Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006) ordered: "I hereby authorize, order, and direct any and all law enforcement officers of the State, or any political subdivision thereof, in accordance with section 16-7-10 of the South Carolina Code of Laws and other applicable law, to prohibit or disperse any congregation or gathering of people, unless…" Enforcement: § 16-7-10(A): any individual who 'refuse[s] to disperse upon order of a law enforcement officer,' 'wilfully fail[s] or refuse[s] to comply with any lawful order… Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended December 16, 2020) (2020-12-16-01) (Ex. SC-052) ordered: "Jury Trials. If done in accordance with a plan approved by the Chief Justice, jury selections and jury trials may be conducted.... all persons in the courtroom or hearing room must maintain at least six feet of distance from other persons in the room. Masks must be worn by all persons as specified…" Enforcement: Order controls over court rules; contempt; Chief Justice's plan approval The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Oct. 1, 2020 to Dec. 31, 2020, 92 days. Executive Order No. 2020-50 (Ex. SC-027) was in force from Aug. 3, 2020 to Oct. 2, 2020, 2 of the quarter's 92 days; Executive Order No. 2020-13 (Ex. SC-006) was in force from Mar. 23, 2020 to June 30, 2021, 92 of the quarter's 92 days; Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended… (Ex. SC-052) was in force from Dec. 16, 2020 to Mar. 4, 2021, 16 of the quarter's 92 days. Of the 17 instruments in the quarter's record, 12 were in force on its first day, 14 on its last day and 10 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 fourth quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the first quarter of 2021 the Library holds 240 instruments in force for this selection: 17 instruments from the State of South Carolina (Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006); Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended December 16, 2020) (2020-12-16-01) (Ex. SC-052); city and county councils (emergency ordinances under S.C. Code §§ 4-9-130 and 5-7-250), Local stay-at-home ordinances (Columbia and Charleston, adopted Mar. 26, 2020, effective before the State's Home or Work Order of Apr. 7) and local face-covering ordinances (Greenville from June 22-23, 2020; Charleston from July 1, 2020; Columbia, Richland County, Charleston County, Myrtle Beach and Horry County from July 2020), renewed every sixty days (Ex. SC-038); and 14 more), 175 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); 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); and 172 more) and 48 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 46 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: PJ litigation (Ex. SC-052); CT courts (Ex. SC-052); WF jurors (Ex. SC-064); AM nightlife (Ex. SC-026); BA (Ex. SC-032); BA bar and alcohol sales (Ex. SC-005); BA bar and alcohol service after 11:00 p.m. (Ex. SC-026); BQ/PE/SP/MC/EVT (Ex. SC-032); CB (Ex. SC-026); CB State-agency customers of contractors, vendors and lessors (Ex. SC-004).

Step three, the change compelled. Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006) ordered: "I hereby authorize, order, and direct any and all law enforcement officers of the State, or any political subdivision thereof, in accordance with section 16-7-10 of the South Carolina Code of Laws and other applicable law, to prohibit or disperse any congregation or gathering of people, unless…" Enforcement: § 16-7-10(A): any individual who 'refuse[s] to disperse upon order of a law enforcement officer,' 'wilfully fail[s] or refuse[s] to comply with any lawful order… Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended December 16, 2020) (2020-12-16-01) (Ex. SC-052) ordered: "Jury Trials. If done in accordance with a plan approved by the Chief Justice, jury selections and jury trials may be conducted.... all persons in the courtroom or hearing room must maintain at least six feet of distance from other persons in the room. Masks must be worn by all persons as specified…" Enforcement: Order controls over court rules; contempt; Chief Justice's plan approval Governor Henry McMaster, Executive Order No. 2020-73 (Nov. 25, 2020) (Ex. SC-030) ordered: "I hereby supersede, rescind, and replace Executive Order No. 2020-63... [restating the State-building and restaurant Face Covering mandates, the Gathering cap of 'fifty percent (50%) of the location's occupancy limit... or two hundred fifty (250) persons, whichever is less,' the 11:00 p.m. - 10:00…" Enforcement: As EO 2020-50 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. Executive Order No. 2020-13 (Ex. SC-006) was in force from Mar. 23, 2020 to June 30, 2021, 90 of the quarter's 90 days; Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended… (Ex. SC-052) was in force from Dec. 16, 2020 to Mar. 4, 2021, 63 of the quarter's 90 days; Local stay-at-home ordinances (Columbia and Charleston, adopted Mar. 26, 2020, effective… (Ex. SC-038) was in force from Mar. 26, 2020 to May 11, 2021, 90 of the quarter's 90 days. Of the 17 instruments in the quarter's record, 13 were in force on its first day, 10 on its last day and 8 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 first quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the second quarter of 2021 the Library holds 231 instruments in force for this selection: 14 instruments from the State of South Carolina (Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006); Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended June 15, 2021) (2021-06-15-01) (Ex. SC-054); city and county councils (emergency ordinances under S.C. Code §§ 4-9-130 and 5-7-250), Local stay-at-home ordinances (Columbia and Charleston, adopted Mar. 26, 2020, effective before the State's Home or Work Order of Apr. 7) and local face-covering ordinances (Greenville from June 22-23, 2020; Charleston from July 1, 2020; Columbia, Richland County, Charleston County, Myrtle Beach and Horry County from July 2020), renewed every sixty days (Ex. SC-038); and 11 more), 165 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); Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334); and 162 more) and 52 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 50 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: PJ litigation (Ex. SC-054); IN instruction (Ex. SC-057); BA bar and alcohol sales (Ex. SC-005); CB buyers and sellers (Ex. SC-050); CB customers under mask condition (Ex. SC-038); CL closings (Ex. SC-054); CL closings and filings (Ex. SC-063); CL closings, notaries and title (Ex. SC-050); CT courts (Ex. SC-053); CT courts and clerks (Ex. SC-054).

Step three, the change compelled. Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006) ordered: "I hereby authorize, order, and direct any and all law enforcement officers of the State, or any political subdivision thereof, in accordance with section 16-7-10 of the South Carolina Code of Laws and other applicable law, to prohibit or disperse any congregation or gathering of people, unless…" Enforcement: § 16-7-10(A): any individual who 'refuse[s] to disperse upon order of a law enforcement officer,' 'wilfully fail[s] or refuse[s] to comply with any lawful order… Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended June 15, 2021) (2021-06-15-01) (Ex. SC-054) ordered: "all persons in the courtroom or hearing room must maintain at least six feet of distance from other persons in the room. Masks must be worn by all persons as specified by order of the Chief Justice dated July 30, 2020. To ensure social distancing can be maintained, it is recommended the maximum…" Enforcement: Order controls over court rules; Rule 611, SCACR; copy to the House and Senate Judiciary Committees Governor Henry McMaster, Executive Order No. 2020-12 (Mar. 21, 2020) (Ex. SC-005) ordered: "facilitate current holders of a valid Beer and Wine Permit... selling or delivering beer and wine in a sealed container for curbside delivery or pickup and off-premises consumption... A customer who purchases beer or wine must prove at the time of curbside delivery or pickup that he is twenty-one…" Enforcement: DOR administration under Title 61; conditions listed in § 1 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Apr. 1, 2021 to June 30, 2021, 91 days. Executive Order No. 2020-13 (Ex. SC-006) was in force from Mar. 23, 2020 to June 30, 2021, 91 of the quarter's 91 days; Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended June… (Ex. SC-054) was in force from June 15, 2021 to Aug. 27, 2021, 16 of the quarter's 91 days; Local stay-at-home ordinances (Columbia and Charleston, adopted Mar. 26, 2020, effective… (Ex. SC-038) was in force from Mar. 26, 2020 to May 11, 2021, 41 of the quarter's 91 days. Of the 14 instruments in the quarter's record, 9 were in force on its first day, 9 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 second quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the third quarter of 2021 the Library holds 225 instruments in force for this selection: 14 instruments from the State of South Carolina (Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended June 15, 2021) (2021-06-15-01) (Ex. SC-054); Chief Justice Donald W. Beatty, Order re Required Use of Protective Masks in County and Municipal Courthouses (2020-07-30-01) (Ex. SC-063); General Assembly of South Carolina (S. 704, ratified R. 33, Apr. 22, 2021; signed Apr. 23, 2021), Act No. 102 of 2021 (S. 704), Joint Resolution (Apr. 22, 2021) (Ex. SC-044); and 11 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 44 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 42 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF workforce (Ex. SC-044); IN instruction (Ex. SC-044); CT courts (Ex. SC-055); EC child care (Ex. SC-058); PJ litigation (Ex. SC-054); CB customers under mask condition (Ex. SC-061); CB vendors and contractors on campus (Ex. SC-040); CL closings (Ex. SC-054); CL closings and filings (Ex. SC-063); CL notarizations (Ex. SC-056).

Step three, the change compelled. Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended June 15, 2021) (2021-06-15-01) (Ex. SC-054) ordered: "all persons in the courtroom or hearing room must maintain at least six feet of distance from other persons in the room. Masks must be worn by all persons as specified by order of the Chief Justice dated July 30, 2020. To ensure social distancing can be maintained, it is recommended the maximum…" Enforcement: Order controls over court rules; Rule 611, SCACR; copy to the House and Senate Judiciary Committees Chief Justice Donald W. Beatty, Order re Required Use of Protective Masks in County and Municipal Courthouses (2020-07-30-01) (Ex. SC-063) ordered: "IT IS ORDERED all persons employed in, conducting business in, or otherwise visiting or present for any reason in county and municipal courthouses statewide are required to wear a protective mask or other facial covering while inside the courthouse... The number of COVID-19 infections in South…" Enforcement: Administrative order of the Chief Justice; contempt (cf. SC-051); incorporated as 'shall wear' in SC-052 and SC-054 General Assembly of South Carolina (S. 704, ratified R. 33, Apr. 22, 2021; signed Apr. 23, 2021), Act No. 102 of 2021 (S. 704), Joint Resolution (Apr. 22, 2021) (Ex. SC-044) ordered: "SECTION 1. For the 2020-2021 School Year, every school district in the State must offer five-day, in-person classroom instruction to students no later than April 26, 2021. For the 2021-2022 School Year, every school district in the State must offer five-day, in-person classroom instruction to…" Enforcement: Statutory mandate on districts; State Department of Education oversight 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. Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended June… (Ex. SC-054) was in force from June 15, 2021 to Aug. 27, 2021, 58 of the quarter's 92 days; Order re Required Use of Protective Masks in County and Municipal Courthouses… (Ex. SC-063) was in force from July 30, 2020 to Aug. 27, 2021, 58 of the quarter's 92 days; Act No. 102 of 2021 (S. 704), Joint Resolution (Ex. SC-044) was in force from Apr. 22, 2021 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 14 instruments in the quarter's record, 4 were in force on its first day, 9 on its last day and 2 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of 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: 389 records, of which The COVID Project holds the document for 377. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-022SCDC COVID-19 Action Plan (Phase Two), Mar. 16, 2020South Carolina Department of Corrections (Director Bryan P. Stirling), after coordination with DHEC and the Governor's OfficeMar. 16, 2020South Carolina Department of Corrections (Director Bryan P. Stirling), after coordination with DHEC and the Governor's Office, SCDC COVID-19 Action Plan (Phase Two), Mar. 16, 2020 (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-022)/library/AGY-ST-CORRECTIONS-EMA-GUARD-022/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-022
Ex. AGY-USCG-PORTS-086Legal Notice: Pandemic Emergency Management Plan (SC Ports, 2020)South Carolina State Ports AuthorityJune 2, 2020South Carolina State Ports Authority, Legal Notice: Pandemic Emergency Management Plan (SC Ports, 2020) (June 2, 2020) (Ex. AGY-USCG-PORTS-086)/library/AGY-USCG-PORTS-086/exhibit/AGY-USCG-PORTS-086
Ex. DUT-FED-00129 U.S.C. 654 (OSH Act § 5, the general duty clause)Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)standingCongress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)/library/DUT-FED-001/exhibit/DUT-FED-001
Ex. DUT-FED-00229 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)Congress (OSH Act § 11(c))standingCongress (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-00329 C.F.R. 1910.132 (personal protective equipment, general requirements)Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)standingOccupational 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-00429 C.F.R. 1910.134 (respiratory protection)Occupational Safety and Health AdministrationstandingOccupational 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-00529 C.F.R. 1910.141 (sanitation)Occupational Safety and Health AdministrationstandingOccupational 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-00629 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39Occupational Safety and Health AdministrationstandingOccupational 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-00729 C.F.R. 1910.1030 (bloodborne pathogens)Occupational Safety and Health AdministrationstandingOccupational 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-00829 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))standingOccupational 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-009OSHA 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')standingOccupational 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-010Protecting 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))standingOccupational 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-011Protecting Workers guidance, as updated August 13, 2021Occupational Safety and Health AdministrationstandingOccupational 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-013Guidance on Returning to Work (OSHA 4045, June 2020)Occupational Safety and Health AdministrationstandingOccupational 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-015Citation 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)standingOSHA, 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-016Citation 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)standingOSHA, 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-017Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)standingOSHA, 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-018Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)OSHA, Hartford Area Office (Inspection No. 1505094)standingOSHA, 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-019Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)OSHA, Hartford Area Office (Inspection No. 1472908)standingOSHA, 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-020Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)Occupational Safety and Health AdministrationstandingOccupational 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-021Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)OSHA, Avenel Area Office (Inspection No. 1480762)standingOSHA, 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-022Citation, United States Postal Service, Washington, DC (general duty clause)OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)standingOSHA, 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-02342 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)standingCenters 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-02442 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)standingCenters 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-02542 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)standingCongress (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-026Advisory 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)standingDepartment 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-027Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190Secretary of Health and Human Services (Alex M. Azar II)standingSecretary 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-029Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and CrewsFederal Aviation Administration, Flight Standards Service (with the CDC)standingFederal 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-030What 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)standingEqual 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-03142 U.S.C. 12113 (ADA defenses; direct threat)Congress (Americans with Disabilities Act § 103)standingCongress (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-03229 C.F.R. 1630.2(r) (definition of direct threat)Equal Employment Opportunity Commission (regulation)standingEqual 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-03329 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)Equal Employment Opportunity Commission (regulation)standingEqual 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-034Interim 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 PreventionstandingCenters 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-035Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)Centers for Disease Control and PreventionstandingCenters 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-037Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)standingFederal 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-060Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…Centers for Disease Control and PreventionstandingCenters 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-061Meat 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)standingCenters 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-062Meat 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)standingCenters 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-063Interim 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 PreventionstandingCenters 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-064Considerations for Restaurants and Bars (updated May 27, 2020)Centers for Disease Control and PreventionstandingCenters 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-065Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)Federal Motor Carrier Safety AdministrationstandingFederal 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-066News 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 releasestandingOccupational 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-067News 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 releasestandingOccupational 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-069News 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)standingOccupational 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-070What 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)standingEqual 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-071What 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)standingEqual 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-072Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)Occupational Safety and Health AdministrationstandingOccupational 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-073Secretary 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 RooneystandingOccupational 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-SC-001S.C. Code Ann. Title 44, Chapter 1 (Department of Health and Environmental Control), §§ 44-1-80, 44-1-100, 44-1-110, 44-1-140, 44-1-150General Assembly of South CarolinastandingGeneral Assembly of South Carolina, S.C. Code Ann. Title 44, Chapter 1 (Department of Health and Environmental Control), §§ 44-1-80, 44-1-100, 44-1-110, 44-1-140, 44-1-150 (standing) (Ex. DUT-SC-001)/library/DUT-SC-001/exhibit/DUT-SC-001
Ex. DUT-SC-002S.C. Code Ann. Title 44, Chapter 4, Emergency Health Powers Act, §§ 44-4-100 to 44-4-570 (in particular §§ 44-4-130, 44-4-300, 44-4-310, 44-4-500, 44-4-510…General Assembly of South CarolinastandingGeneral Assembly of South Carolina, S.C. Code Ann. Title 44, Chapter 4, Emergency Health Powers Act, §§ 44-4-100 to 44-4-570 (in particular §§ 44-4-130, 44-4-300, 44-4-310, 44-4-500, 44-4-510, 44-4-520, 44-4-530, 44-4-540) (standing) (Ex. DUT-SC-002)/library/DUT-SC-002/exhibit/DUT-SC-002
Ex. DUT-SC-003S.C. Code Ann. Title 44, Chapter 29 (Contagious and Infectious Diseases), §§ 44-29-10, 44-29-40, 44-29-50, 44-29-200General Assembly of South CarolinastandingGeneral Assembly of South Carolina, S.C. Code Ann. Title 44, Chapter 29 (Contagious and Infectious Diseases), §§ 44-29-10, 44-29-40, 44-29-50, 44-29-200 (standing) (Ex. DUT-SC-003)/library/DUT-SC-003/exhibit/DUT-SC-003
Ex. DUT-SC-004S.C. Code Ann. § 16-7-10General Assembly of South CarolinastandingGeneral Assembly of South Carolina, S.C. Code Ann. § 16-7-10 (standing) (Ex. DUT-SC-004)/library/DUT-SC-004/exhibit/DUT-SC-004
Ex. DUT-SC-005S.C. Code Ann. § 25-1-440General Assembly of South CarolinastandingGeneral Assembly of South Carolina, S.C. Code Ann. § 25-1-440 (standing) (Ex. DUT-SC-005)/library/DUT-SC-005/exhibit/DUT-SC-005
Ex. DUT-SC-006S.C. Code Ann. §§ 1-3-420, 1-3-430, 1-3-440, 1-3-460 (Title 1, Chapter 3, Article 7)General Assembly of South CarolinastandingGeneral Assembly of South Carolina, S.C. Code Ann. §§ 1-3-420, 1-3-430, 1-3-440, 1-3-460 (Title 1, Chapter 3, Article 7) (standing) (Ex. DUT-SC-006)/library/DUT-SC-006/exhibit/DUT-SC-006
Ex. DUT-SC-007S.C. Code Ann. Title 41, Chapter 15 (Occupational Safety and Health), § 41-15-80; §§ 41-15-210, 41-15-280, 41-15-290, 41-15-320General Assembly of South CarolinastandingGeneral Assembly of South Carolina, S.C. Code Ann. Title 41, Chapter 15 (Occupational Safety and Health), § 41-15-80; §§ 41-15-210, 41-15-280, 41-15-290, 41-15-320 (standing) (Ex. DUT-SC-007)/library/DUT-SC-007/exhibit/DUT-SC-007
Ex. DUT-SC-008S.C. Code Regs. Chapter 71, Article 1 (Occupational Safety and Health): Reg. 71-108 (Incorporation by Reference), Reg. 71-112 (General Duty Clause), Subarticle…South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), by regulation under § 41-15-210standingSouth Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), by regulation under § 41-15-210, S.C. Code Regs. Chapter 71, Article 1 (Occupational Safety and Health): Reg. 71-108 (Incorporation by Reference), Reg. 71-112 (General Duty Clause), Subarticle 6 (South Carolina Occupational Safety and Health Standards for General Industry) (standing) (Ex. DUT-SC-008)/library/DUT-SC-008/exhibit/DUT-SC-008
Ex. DUT-SC-009Act No. 99 of 2021 (S. 147, R. 39), a Joint Resolution, the 'South Carolina COVID-19 Liability Immunity Act'General Assembly of South Carolina (S. 147, ratified R. 39, April 28, 2021; approved by Governor Henry McMaster April 28, 2021)standingGeneral Assembly of South Carolina (S. 147, ratified R. 39, April 28, 2021; approved by Governor Henry McMaster April 28, 2021), Act No. 99 of 2021 (S. 147, R. 39), a Joint Resolution, the 'South Carolina COVID-19 Liability Immunity Act' (standing) (Ex. DUT-SC-009)/library/DUT-SC-009/exhibit/DUT-SC-009
Ex. DUT-SC-010SC OSHA web page, 'SC OSHA COVID-19 Worker Safety Guidance' (scosha.llronline.com/coronavirus.aspx)South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA)standingSouth Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), SC OSHA web page, 'SC OSHA COVID-19 Worker Safety Guidance' (scosha.llronline.com/coronavirus.aspx) (standing) (Ex. DUT-SC-010)/library/DUT-SC-010/exhibit/DUT-SC-010
Ex. DUT-SC-011SC OSHA web page, 'SC OSHA's Response to COVID-19' / 'SC OSHA: The Only Constant is Change' (scosha.llronline.com/coronavirus2.aspx)South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA)standingSouth Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), SC OSHA web page, 'SC OSHA's Response to COVID-19' / 'SC OSHA: The Only Constant is Change' (scosha.llronline.com/coronavirus2.aspx) (Feb. 25, 2021) (Ex. DUT-SC-011)/library/DUT-SC-011/exhibit/DUT-SC-011
Ex. DUT-SC-012DHEC, Interim Guidance for COVID-19 Scenarios in Businesses (July 25, 2020)South Carolina Department of Health and Environmental Control (DHEC)standingSouth Carolina Department of Health and Environmental Control (DHEC), DHEC, Interim Guidance for COVID-19 Scenarios in Businesses (July 25, 2020) (Ex. DUT-SC-012)/library/DUT-SC-012/exhibit/DUT-SC-012
Ex. DUT-SC-01329 U.S.C. § 654 (OSH Act § 5), Duties of employers and employeesCongress of the United StatesstandingCongress of the United States, 29 U.S.C. § 654 (OSH Act § 5), Duties of employers and employees (standing) (Ex. DUT-SC-013)/library/DUT-SC-013/exhibit/DUT-SC-013
Ex. DUT-SC-014SC OSHA FastFind, 'Corona Virus (COVID-19) Prevention: General Requirements and Prevention Ideas for Workplaces' (created April 20, 2020)South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA)standingSouth Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), SC OSHA FastFind, 'Corona Virus (COVID-19) Prevention: General Requirements and Prevention Ideas for Workplaces' (created April 20, 2020) (standing) (Ex. DUT-SC-014)/library/DUT-SC-014/exhibit/DUT-SC-014
Ex. DUT-SC-015SC OSHA FastFact, 'Employers play an important role in controlling the spread of COVID-19 - March 2020' (created March 28, 2020)South Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA)standingSouth Carolina Department of Labor, Licensing and Regulation, Office of Occupational Safety and Health (SC OSHA), SC OSHA FastFact, 'Employers play an important role in controlling the spread of COVID-19 - March 2020' (created March 28, 2020) (standing) (Ex. DUT-SC-015)/library/DUT-SC-015/exhibit/DUT-SC-015
Ex. DUT-SC-016S.C. Code Regs. 61-25, Retail Food Establishments (within the Legislative Council's compilation 'Chapter 61-18 through 61-58.17')South Carolina Department of Health and Environmental Control (DHEC), by regulationstandingSouth Carolina Department of Health and Environmental Control (DHEC), by regulation, S.C. Code Regs. 61-25, Retail Food Establishments (within the Legislative Council's compilation 'Chapter 61-18 through 61-58.17') (standing) (Ex. DUT-SC-016)/library/DUT-SC-016/exhibit/DUT-SC-016
Ex. DUT-SC-017Op. S.C. Att'y Gen. (letter to SLED Chief Keel), March 24, 2020, re Section 16-7-10Attorney General Alan Wilson, by Robert D. Cook, Solicitor General (letter to Chief Mark A. Keel, South Carolina Law Enforcement Division)standingAttorney General Alan Wilson, by Robert D. Cook, Solicitor General (letter to Chief Mark A. Keel, South Carolina Law Enforcement Division), Op. S.C. Att'y Gen. (letter to SLED Chief Keel), March 24, 2020, re Section 16-7-10 (Mar. 24, 2020) (Ex. DUT-SC-017)/library/DUT-SC-017/exhibit/DUT-SC-017
Ex. DUT-SC-018Op. S.C. Att'y Gen. (Mar. 29, 2020) (to Rep. Jeff Bradley), on the extraordinary powers of the Governor during a state of emergency, with additional citationsAttorney General Alan Wilson, by Robert D. Cook, Solicitor General (expedited opinion to the Hon. Jeff Bradley, S.C. House of Representatives, District 123)standingAttorney General Alan Wilson, by Robert D. Cook, Solicitor General (expedited opinion to the Hon. Jeff Bradley, S.C. House of Representatives, District 123), Op. S.C. Att'y Gen. (Mar. 29, 2020) (to Rep. Jeff Bradley), on the extraordinary powers of the Governor during a state of emergency, with additional citations (Ex. DUT-SC-018)/library/DUT-SC-018/exhibit/DUT-SC-018
Ex. DUT-SC-019Op. S.C. Att'y Gen. (Apr. 13, 2020) (to Rep. Josiah Magnuson), on the Governor's authority under § 25-1-440 and the fifteen-day limitationAttorney General Alan Wilson (opinion to the Hon. Josiah Magnuson, S.C. House of Representatives)standingAttorney General Alan Wilson (opinion to the Hon. Josiah Magnuson, S.C. House of Representatives), Op. S.C. Att'y Gen. (Apr. 13, 2020) (to Rep. Josiah Magnuson), on the Governor's authority under § 25-1-440 and the fifteen-day limitation (Ex. DUT-SC-019)/library/DUT-SC-019/exhibit/DUT-SC-019
Ex. DUT-SC-020Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251 (S.C. 1991) (heard Jan. 7, 1991; decided Oct. 14, 1991)Supreme Court of South Carolina (per curiam; certified question under Supreme Court Rule 46 from the United States District Court for the District of South Carolina)standingSupreme Court of South Carolina (per curiam; certified question under Supreme Court Rule 46 from the United States District Court for the District of South Carolina), Whitlaw v. Kroger Co., 306 S.C. 51, 410 S.E.2d 251 (S.C. 1991) (heard Jan. 7, 1991; decided Oct. 14, 1991) (standing) (Ex. DUT-SC-020)/library/DUT-SC-020/exhibit/DUT-SC-020
Ex. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-002Notice of February 24, 2021President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)/library/FED-002/exhibit/FED-002
Ex. FED-006Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)Mar. 13, 2020President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)/library/FED-006/exhibit/FED-006
Ex. FED-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)/library/FED-007/exhibit/FED-007
Ex. FED-008Memorandum of February 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)Feb. 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)/library/FED-008/exhibit/FED-008
Ex. FED-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)/library/FED-010/exhibit/FED-010
Ex. FED-011Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)Alex M. Azar II, Secretary of HHSApr. 21, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)/library/FED-011/exhibit/FED-011
Ex. FED-012Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)Alex M. Azar II, Secretary of HHSJuly 23, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)/library/FED-012/exhibit/FED-012
Ex. FED-013Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)Alex M. Azar II, Secretary of HHSOct. 2, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)/library/FED-013/exhibit/FED-013
Ex. FED-014Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)Alex M. Azar II, Secretary of HHSJan. 7, 2021Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)/library/FED-014/exhibit/FED-014
Ex. FED-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)/library/FED-015/exhibit/FED-015
Ex. FED-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)/library/FED-016/exhibit/FED-016
Ex. FED-020CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)Jan. 29, 2021Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)/library/FED-020/exhibit/FED-020
Ex. FED-022CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)Sept. 1, 2020Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)/library/FED-022/exhibit/FED-022
Ex. FED-023CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)Centers for Disease Control and Prevention, HHSJan. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)/library/FED-023/exhibit/FED-023
Ex. FED-024CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)Centers for Disease Control and Prevention, HHSMar. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)/library/FED-024/exhibit/FED-024
Ex. FED-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)/library/FED-025/exhibit/FED-025
Ex. FED-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)/library/FED-026/exhibit/FED-026
Ex. FED-027CDC No Sail Order and Suspension of Further EmbarkationCenters for Disease Control and Prevention, HHS (CDC Director)Mar. 14, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)/library/FED-027/exhibit/FED-027
Ex. FED-028No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)Centers for Disease Control and Prevention, HHSApr. 9, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)/library/FED-028/exhibit/FED-028
Ex. FED-029No Sail Order; Second Modification and Extension (July 16, 2020)Centers for Disease Control and Prevention, HHSJuly 16, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)/library/FED-029/exhibit/FED-029
Ex. FED-030No Sail Order; Third Modification and Extension (Sept. 30, 2020)Centers for Disease Control and Prevention, HHSSept. 30, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)/library/FED-030/exhibit/FED-030
Ex. FED-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)/library/FED-031/exhibit/FED-031
Ex. FED-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)/library/FED-032/exhibit/FED-032
Ex. FED-034CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')Centers for Disease Control and Prevention, HHS (CDC Director)Mar. 20, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)/library/FED-034/exhibit/FED-034
Ex. FED-036Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)Centers for Disease Control and Prevention, HHSMay 19, 2020Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)/library/FED-036/exhibit/FED-036
Ex. FED-037CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)Centers for Disease Control and Prevention, HHSOct. 13, 2020Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)/library/FED-037/exhibit/FED-037
Ex. FED-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)/library/FED-038/exhibit/FED-038
Ex. FED-039Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…Centers for Disease Control and Prevention, HHSMar. 20, 2020Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)/library/FED-039/exhibit/FED-039
Ex. FED-040CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United KingdomCenters for Disease Control and Prevention, HHSDec. 25, 2020Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)/library/FED-040/exhibit/FED-040
Ex. FED-041CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…Centers for Disease Control and Prevention, HHSJan. 12, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)/library/FED-041/exhibit/FED-041
Ex. FED-042CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)Jan. 25, 2021Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)/library/FED-042/exhibit/FED-042
Ex. FED-048Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…Centers for Disease Control and Prevention, HHSSept. 11, 2020Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)/library/FED-048/exhibit/FED-048
Ex. FED-050TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)Jan. 31, 2021Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)/library/FED-050/exhibit/FED-050
Ex. FED-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)/library/FED-051/exhibit/FED-051
Ex. FED-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)/library/FED-052/exhibit/FED-052
Ex. FED-053TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)/library/FED-053/exhibit/FED-053
Ex. FED-055Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)/library/FED-055/exhibit/FED-055
Ex. FED-056Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight BoardApr. 20, 2021Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)/library/FED-056/exhibit/FED-056
Ex. FED-057Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)Acting Secretary of Homeland Security David P. PekoskeJan. 27, 2021Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)/library/FED-057/exhibit/FED-057
Ex. FED-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-061Executive Order 13998President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)/library/FED-061/exhibit/FED-061
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)/library/FED-063/exhibit/FED-063
Ex. FED-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-066Executive Order 13945President Donald J. TrumpAug. 8, 2020President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)/library/FED-066/exhibit/FED-066
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-073Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)President Donald J. TrumpApr. 28, 2020President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)/library/FED-073/exhibit/FED-073
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)/library/FED-074/exhibit/FED-074
Ex. FED-075Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic UseFederal Emergency Management Agency, DHSApr. 7, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)/library/FED-075/exhibit/FED-075
Ex. FED-076Notification of Exemptions to the PPE allocation ruleFederal Emergency Management Agency, DHSApr. 17, 2020Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)/library/FED-076/exhibit/FED-076
Ex. FED-077Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)Federal Emergency Management Agency, DHSAug. 10, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)/library/FED-077/exhibit/FED-077
Ex. FED-078Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)Federal Emergency Management Agency, DHSDec. 31, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)/library/FED-078/exhibit/FED-078
Ex. FED-080Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)Occupational Safety and Health Administration, U.S. Department of LaborJune 21, 2021Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)/library/FED-080/exhibit/FED-080
Ex. FED-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)/library/FED-081/exhibit/FED-081
Ex. FED-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)/library/FED-082/exhibit/FED-082
Ex. FED-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)/library/FED-083/exhibit/FED-083
Ex. FED-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)/library/FED-084/exhibit/FED-084
Ex. FED-088Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)OSHA, U.S. Department of LaborMar. 9, 2020OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)/library/FED-088/exhibit/FED-088
Ex. FED-090CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…Centers for Medicare & Medicaid Services, HHSMar. 30, 2020Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)/library/FED-090/exhibit/FED-090
Ex. FED-091CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)Centers for Medicare & Medicaid Services, HHSMay 1, 2020Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)/library/FED-091/exhibit/FED-091
Ex. FED-092CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…Centers for Medicare & Medicaid Services, HHSSept. 2, 2020Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)/library/FED-092/exhibit/FED-092
Ex. FED-093CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)Nov. 2, 2020Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)/library/FED-093/exhibit/FED-093
Ex. FED-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)/library/FED-094/exhibit/FED-094
Ex. FED-096CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight GroupMar. 4, 2020CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)/library/FED-096/exhibit/FED-096
Ex. FED-097QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)CMS, Quality, Safety & Oversight GroupMar. 13, 2020CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)/library/FED-097/exhibit/FED-097
Ex. FED-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)/library/FED-098/exhibit/FED-098
Ex. FED-099CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 23, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)/library/FED-099/exhibit/FED-099
Ex. FED-100FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 29, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)/library/FED-100/exhibit/FED-100
Ex. FED-104FEMA-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, 2020President 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-109FEMA-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, 2020President 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-113FEMA-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, 2020President 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-115FEMA-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, 2020President 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-118FEMA-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, 2020President 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-130FEMA-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, 2020President 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-132FEMA-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, 2020President 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-133FEMA-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, 2020President 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-143FEMA-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, 2020President 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-147FEMA-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, 2020President 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-150FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Apr. 11, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)/library/FED-150/exhibit/FED-150
Ex. FED-154QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)CMS, Quality, Safety & Oversight GroupSept. 17, 2020CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)/library/FED-154/exhibit/FED-154
Ex. FED-155QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19CMS, Quality, Safety & Oversight GroupMar. 10, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)/library/FED-155/exhibit/FED-155
Ex. FED-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)/library/FED-156/exhibit/FED-156
Ex. FED-157QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)CMS, Quality, Safety & Oversight GroupMay 18, 2020CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)/library/FED-157/exhibit/FED-157
Ex. FED-158CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…Centers for Medicare & Medicaid Services, HHSApr. 7, 2020Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)/library/FED-158/exhibit/FED-158
Ex. FED-159CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)Centers for Medicare & Medicaid Services, HHSApr. 19, 2020Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)/library/FED-159/exhibit/FED-159
Ex. FED-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)/library/FED-160/exhibit/FED-160
Ex. FED-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)/library/FED-161/exhibit/FED-161
Ex. FED-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)/library/FED-163/exhibit/FED-163
Ex. FED-164CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 4, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)/library/FED-164/exhibit/FED-164
Ex. FED-165CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupJune 1, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)/library/FED-165/exhibit/FED-165
Ex. FED-166CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupAug. 17, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)/library/FED-166/exhibit/FED-166
Ex. FED-168CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…CMS, Quality, Safety & Oversight GroupAug. 26, 2020CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)/library/FED-168/exhibit/FED-168
Ex. FED-170Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…Congress (Pub. L. 116-127); approved by the PresidentMar. 18, 2020Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)/library/FED-170/exhibit/FED-170
Ex. FED-171Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826Wage and Hour Division, U.S. Department of LaborApr. 1, 2020Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)/library/FED-171/exhibit/FED-171
Ex. FED-172Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)Wage and Hour Division, U.S. Department of LaborSept. 11, 2020Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)/library/FED-172/exhibit/FED-172
Ex. FED-173Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…Congress (Pub. L. 116-260)Dec. 27, 2020Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)/library/FED-173/exhibit/FED-173
Ex. FED-174American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…Congress (Pub. L. 117-2); approved by the PresidentMar. 11, 2021Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)/library/FED-174/exhibit/FED-174
Ex. FED-180Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)Secretary of Health and Human ServicesMar. 10, 2020Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)/library/FED-180/exhibit/FED-180
Ex. FED-181Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…Secretary of Health and Human ServicesFeb. 4, 2020Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)/library/FED-181/exhibit/FED-181
Ex. FED-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)/library/FED-182/exhibit/FED-182
Ex. FED-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)/library/FED-183/exhibit/FED-183
Ex. FED-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)/library/FED-184/exhibit/FED-184
Ex. FED-185Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)Dec. 11, 2020Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)/library/FED-185/exhibit/FED-185
Ex. FED-186Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)Food and Drug Administration, HHSDec. 18, 2020Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)/library/FED-186/exhibit/FED-186
Ex. FED-187Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)Food and Drug Administration, HHSFeb. 27, 2021Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)/library/FED-187/exhibit/FED-187
Ex. FED-190The President's Coronavirus Guidelines for America: 15 Days to Slow the SpreadThe President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)/library/FED-190/exhibit/FED-190
Ex. FED-19130 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)The President and the White House Coronavirus Task ForceMar. 31, 2020The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)/library/FED-191/exhibit/FED-191
Ex. FED-192Guidelines for Opening Up America Again (Apr. 16, 2020)The President and the White House Coronavirus Task ForceApr. 16, 2020The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)/library/FED-192/exhibit/FED-192
Ex. FED-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)/library/FED-194/exhibit/FED-194
Ex. FED-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-202Proclamation 9993President Donald J. TrumpMar. 11, 2020President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)/library/FED-202/exhibit/FED-202
Ex. FED-203Proclamation 9996President Donald J. TrumpMar. 14, 2020President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)/library/FED-203/exhibit/FED-203
Ex. FED-204Proclamation 10041President Donald J. TrumpMay 24, 2020President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)/library/FED-204/exhibit/FED-204
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-210Proclamation 10014President Donald J. TrumpApr. 22, 2020President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)/library/FED-210/exhibit/FED-210
Ex. FED-211Proclamation 10052President Donald J. TrumpJune 22, 2020President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)/library/FED-211/exhibit/FED-211
Ex. FED-212Proclamation 10054President Donald J. TrumpJune 29, 2020President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)/library/FED-212/exhibit/FED-212
Ex. FED-213Proclamation 10131President Donald J. TrumpDec. 31, 2020President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)/library/FED-213/exhibit/FED-213
Ex. FED-214Proclamation 10149President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)/library/FED-214/exhibit/FED-214
Ex. FED-216Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border ProtectionMar. 24, 2020U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)/library/FED-216/exhibit/FED-216
Ex. FED-217Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)/library/FED-217/exhibit/FED-217
Ex. FED-219Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)/library/FED-219/exhibit/FED-219
Ex. FED-222Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)/library/FED-222/exhibit/FED-222
Ex. FED-225Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)/library/FED-225/exhibit/FED-225
Ex. FED-226Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)/library/FED-226/exhibit/FED-226
Ex. FED-229Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)/library/FED-229/exhibit/FED-229
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)/library/FED-232/exhibit/FED-232
Ex. FED-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)/library/FED-235/exhibit/FED-235
Ex. FED-239Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…DHS (Acting Secretary Chad F. Wolf), with CBPMar. 24, 2020DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)/library/FED-239/exhibit/FED-239
Ex. FED-240Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)/library/FED-240/exhibit/FED-240
Ex. FED-242Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)/library/FED-242/exhibit/FED-242
Ex. FED-245Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)/library/FED-245/exhibit/FED-245
Ex. FED-248Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)/library/FED-248/exhibit/FED-248
Ex. FED-249Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)/library/FED-249/exhibit/FED-249
Ex. FED-252Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)/library/FED-252/exhibit/FED-252
Ex. FED-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)/library/FED-255/exhibit/FED-255
Ex. FED-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)/library/FED-258/exhibit/FED-258
Ex. FED-264OMB Memorandum M-20-16Office of Management and Budget (Acting Director Russell T. Vought)Mar. 17, 2020Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)/library/FED-264/exhibit/FED-264
Ex. FED-265OMB Memorandum M-20-17Office of Management and BudgetMar. 19, 2020Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)/library/FED-265/exhibit/FED-265
Ex. FED-266OMB Memorandum M-20-18Office of Management and Budget (Deputy Director for Management)Mar. 20, 2020Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)/library/FED-266/exhibit/FED-266
Ex. FED-267OMB Memorandum M-20-19Office of Management and BudgetMar. 22, 2020Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)/library/FED-267/exhibit/FED-267
Ex. FED-268OMB/OPM Memorandum M-20-23Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)Apr. 20, 2020Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)/library/FED-268/exhibit/FED-268
Ex. FED-270Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task ForceJan. 24, 2021Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)/library/FED-270/exhibit/FED-270
Ex. FED-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)/library/FED-271/exhibit/FED-271
Ex. FED-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)/library/FED-272/exhibit/FED-272
Ex. FED-274Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Safer Federal Workforce Task Force; approved by the Director of OMBSept. 24, 2021Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)/library/FED-274/exhibit/FED-274
Ex. FED-275Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)Office of Management and Budget (Acting Director Shalanda D. Young)Sept. 24, 2021Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)/library/FED-275/exhibit/FED-275
Ex. FED-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)/library/FED-278/exhibit/FED-278
Ex. FED-279Order of March 16, 2020 (COVID-19 building access)United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)Mar. 16, 2020United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)/library/FED-279/exhibit/FED-279
Ex. FED-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)/library/FED-280/exhibit/FED-280
Ex. FED-281Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019Deputy Secretary of Defense David L. NorquistMar. 13, 2020Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)/library/FED-281/exhibit/FED-281
Ex. FED-282Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel RestrictionsSecretary of Defense Mark T. EsperApr. 20, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)/library/FED-282/exhibit/FED-282
Ex. FED-283Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…Secretary of Defense Mark T. EsperMay 22, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)/library/FED-283/exhibit/FED-283
Ex. FED-284Order of the Chief Judge No. 20-042Chief Judge Virginia A. PhillipsMar. 19, 2020Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)/library/FED-284/exhibit/FED-284
Ex. FED-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)/library/FED-285/exhibit/FED-285
Ex. FED-286General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)/library/FED-286/exhibit/FED-286
Ex. FED-288General Order 2020-8Chief Judge Philip A. BrimmerMay 6, 2020Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)/library/FED-288/exhibit/FED-288
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)/library/FED-290
Ex. FED-291Press release of March 16, 2020 (postponement of the March 2020 argument session)Supreme Court of the United States (Public Information Office)Mar. 16, 2020Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)/library/FED-291/exhibit/FED-291
Ex. FED-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)/library/FED-292/exhibit/FED-292
Ex. FED-293Press release of April 3, 2020 (postponement of the April 2020 argument session)Supreme Court of the United States (Public Information Office)Apr. 3, 2020Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)/library/FED-293/exhibit/FED-293
Ex. FED-294Press release of April 13, 2020 (telephone arguments in May 2020)Supreme Court of the United States (Public Information Office)Apr. 13, 2020Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)/library/FED-294/exhibit/FED-294
Ex. FED-295Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020Mar. 29, 2020Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)/library/FED-295/exhibit/FED-295
Ex. FED-296Tenth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerFeb. 12, 2021Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)/library/FED-296/exhibit/FED-296
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)/library/FED-297/exhibit/FED-297
Ex. FED-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)/library/FED-298/exhibit/FED-298
Ex. FED-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)/library/FED-299/exhibit/FED-299
Ex. FED-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)/library/FED-300/exhibit/FED-300
Ex. FED-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-303Standing Order 20-17Chief Judge Freda L. WolfsonNov. 25, 2020Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)/library/FED-303/exhibit/FED-303
Ex. FED-304Third Extension of Standing Order 20-12Chief Judge Freda L. WolfsonDec. 17, 2020Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)/library/FED-304/exhibit/FED-304
Ex. FED-305Standing Order 21-02Chief Judge Freda L. WolfsonMar. 17, 2021Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)/library/FED-305/exhibit/FED-305
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-310Second Amended Standing Order 2020-02Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)/library/FED-310/exhibit/FED-310
Ex. FED-311Standing Order 2020-04Chief Judge James K. BredarMar. 16, 2020Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)/library/FED-311/exhibit/FED-311
Ex. FED-312Standing Order 2020-05Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)/library/FED-312/exhibit/FED-312
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-316Fourth Amendment to General Order 20-01Chief Judge Thomas W. Thrash, Jr.July 31, 2020Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)/library/FED-316/exhibit/FED-316
Ex. FED-317General Order 72Chief Judge Phyllis J. HamiltonMar. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)/library/FED-317/exhibit/FED-317
Ex. FED-318General Order 72-2Chief Judge Phyllis J. HamiltonApr. 30, 2020Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)/library/FED-318/exhibit/FED-318
Ex. FED-319Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…U.S. Department of State, Bureau of Consular AffairsMar. 26, 2020U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)/library/FED-319
Ex. FED-320Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)U.S. Department of Homeland Security, U.S. Citizenship and Immigration ServicesApr. 20, 2020U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)/library/FED-320/exhibit/FED-320
Ex. FED-321Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)U.S. Department of Homeland Security, USCISMay 14, 2020U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)/library/FED-321/exhibit/FED-321
Ex. FED-322Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…DHS, USCISAug. 20, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)/library/FED-322/exhibit/FED-322
Ex. FED-323Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…DHS, USCISDec. 18, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)/library/FED-323/exhibit/FED-323
Ex. FED-324USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020U.S. Citizenship and Immigration ServicesMar. 17, 2020U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)/library/FED-324/exhibit/FED-324
Ex. FED-325USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4U.S. Citizenship and Immigration ServicesMay 27, 2020U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)/library/FED-325/exhibit/FED-325
Ex. FED-327Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)U.S. Department of State, Bureau of Consular AffairsMar. 20, 2020U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)/library/FED-327/exhibit/FED-327
Ex. FED-328Phased Resumption of Routine Visa Services (announcement of July 14, 2020)U.S. Department of State, Bureau of Consular AffairsJuly 14, 2020U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)/library/FED-328/exhibit/FED-328
Ex. FED-331General Order 72-4Chief Judge Phyllis J. HamiltonJune 24, 2020Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)/library/FED-331/exhibit/FED-331
Ex. FED-332General Order 72-5Chief Judge Phyllis J. HamiltonJuly 23, 2020Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)/library/FED-332/exhibit/FED-332
Ex. FED-333General Order 72-6Chief Judge Phyllis J. HamiltonSept. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)/library/FED-333/exhibit/FED-333
Ex. FED-334General Order 73 (Amended May 21, 2020)Chief Judge Phyllis J. HamiltonMay 21, 2020Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)/library/FED-334/exhibit/FED-334
Ex. FED-336General Order 77Chief Judge Phyllis J. HamiltonJune 9, 2020Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)/library/FED-336/exhibit/FED-336
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-338General Order 20-0012 (original)Chief Judge Rebecca R. PallmeyerMar. 12, 2020Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)/library/FED-338/exhibit/FED-338
Ex. FED-339Eighth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerNov. 13, 2020Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)/library/FED-339/exhibit/FED-339
Ex. FED-340CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…Congress (Pub. L. 116-136, signed Mar. 27, 2020)Mar. 27, 2020Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)/library/FED-340/exhibit/FED-340
Ex. FED-342Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank SupervisorsApr. 7, 2020Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)/library/FED-342/exhibit/FED-342
Ex. FED-343Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…Bureau of Consumer Financial ProtectionJune 30, 2020Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)/library/FED-343/exhibit/FED-343
Ex. FED-344Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…Bureau of Consumer Financial ProtectionJune 25, 2021Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)/library/FED-344/exhibit/FED-344
Ex. FED-345Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)President Donald J. Trump (Memorandum for the Secretary of Education)Aug. 8, 2020President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)/library/FED-345/exhibit/FED-345
Ex. FED-346FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed MortgagesFederal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie MacMar. 18, 2020Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)/library/FED-346/exhibit/FED-346
Ex. FED-348FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)Federal Housing Finance AgencyJune 17, 2020Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)/library/FED-348/exhibit/FED-348
Ex. FED-349FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)Federal Housing Finance AgencyAug. 27, 2020Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)/library/FED-349/exhibit/FED-349
Ex. FED-350FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)Federal Housing Finance AgencyDec. 2, 2020Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)/library/FED-350/exhibit/FED-350
Ex. FED-353FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…Federal Housing Finance AgencyFeb. 25, 2021Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)/library/FED-353/exhibit/FED-353
Ex. FED-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)/library/FED-354/exhibit/FED-354
Ex. FED-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)/library/FED-355/exhibit/FED-355
Ex. FED-356Mortgagee Letter 2020-04U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)Mar. 18, 2020U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)/library/FED-356/exhibit/FED-356
Ex. FED-359Mortgagee Letter 2020-19HUD, Federal Housing AdministrationJune 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)/library/FED-359
Ex. FED-360Mortgagee Letter 2020-27HUD, Federal Housing AdministrationAug. 27, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)/library/FED-360/exhibit/FED-360
Ex. FED-361Mortgagee Letter 2020-43HUD, Federal Housing AdministrationDec. 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)/library/FED-361/exhibit/FED-361
Ex. FED-362Mortgagee Letter 2021-03HUD, Federal Housing AdministrationJan. 21, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)/library/FED-362/exhibit/FED-362
Ex. FED-363Mortgagee Letter 2021-05HUD, Federal Housing AdministrationFeb. 16, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)/library/FED-363/exhibit/FED-363
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-367Circular 26-20-7Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty ServiceMar. 16, 2020Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)/library/FED-367/exhibit/FED-367
Ex. FED-368Circular 26-20-8VA, Loan Guaranty ServiceMar. 18, 2020VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)/library/FED-368/exhibit/FED-368
Ex. FED-369Circular 26-20-12VA, Loan Guaranty ServiceApr. 8, 2020VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)/library/FED-369/exhibit/FED-369
Ex. FED-371Circular 26-20-22VA, Loan Guaranty ServiceJune 17, 2020VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)/library/FED-371/exhibit/FED-371
Ex. FED-372Circular 26-20-23VA, Loan Guaranty ServiceJune 18, 2020VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)/library/FED-372/exhibit/FED-372
Ex. FED-373Circular 26-20-29VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)/library/FED-373/exhibit/FED-373
Ex. FED-374Circular 26-20-30VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)/library/FED-374/exhibit/FED-374
Ex. FED-375Circular 26-20-40VA, Loan Guaranty ServiceDec. 28, 2020VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)/library/FED-375/exhibit/FED-375
Ex. FED-376Circular 26-21-2VA, Loan Guaranty ServiceJan. 29, 2021VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)/library/FED-376/exhibit/FED-376
Ex. FED-377Circular 26-21-5VA, Loan Guaranty ServiceFeb. 16, 2021VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)/library/FED-377
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-381USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…U.S. Department of Agriculture, Rural DevelopmentMar. 19, 2020U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)/library/FED-381
Ex. FED-382USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…USDA Rural DevelopmentDec. 28, 2020USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)/library/FED-382
Ex. FED-384USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…USDA Rural Development (with the White House announcement of June 24, 2021)June 24, 2021USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)/library/FED-384
Ex. FED-385USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)July 30, 2021USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)/library/FED-385/exhibit/FED-385
Ex. FED-386Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…Secretary of the Interior David L. BernhardtMar. 22, 2020Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)/library/FED-386/exhibit/FED-386
Ex. FED-387NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…Secretary of the Interior David L. Bernhardt; National Park ServiceMar. 18, 2020Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)/library/FED-387/exhibit/FED-387
Ex. FED-389BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in OregonBureau of Land Management, Oregon/Washington State Office and District ManagersMar. 27, 2020Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)/library/FED-389/exhibit/FED-389
Ex. FED-390Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitorsBureau of ReclamationMar. 17, 2020Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)/library/FED-390/exhibit/FED-390
Ex. FED-391USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment OnlyU.S. Department of Agriculture, Farm Production and Conservation mission areaMar. 23, 2020U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)/library/FED-391
Ex. FED-393USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…U.S. Army Corps of Engineers Headquarters and district commandersMar. 17, 2020U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)/library/FED-393
Ex. FED-396The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…The President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)/library/FED-396/exhibit/FED-396
Ex. FED-398H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)May 15, 2020U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)/library/FED-398/exhibit/FED-398
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)/library/LAW-001/exhibit/LAW-001
Ex. LAW-002Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…United States CongressDec. 27, 2020United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)/library/LAW-002/exhibit/LAW-002
Ex. LAW-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)/library/LAW-003/exhibit/LAW-003
Ex. LAW-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)/library/LAW-004/exhibit/LAW-004
Ex. SC-001Executive Order No. 2020-08Governor Henry McMasterMar. 13, 2020Governor Henry McMaster, Executive Order No. 2020-08 (Mar. 13, 2020) (Ex. SC-001)/library/SC-001/exhibit/SC-001
Ex. SC-002Executive Order No. 2020-09Governor Henry McMasterMar. 15, 2020Governor Henry McMaster, Executive Order No. 2020-09 (Mar. 15, 2020) (Ex. SC-002)/library/SC-002/exhibit/SC-002
Ex. SC-003Executive Order No. 2020-10Governor Henry McMasterMar. 17, 2020Governor Henry McMaster, Executive Order No. 2020-10 (Mar. 17, 2020) (Ex. SC-003)/library/SC-003/exhibit/SC-003
Ex. SC-004Executive Order No. 2020-11Governor Henry McMasterMar. 19, 2020Governor Henry McMaster, Executive Order No. 2020-11 (Mar. 19, 2020) (Ex. SC-004)/library/SC-004/exhibit/SC-004
Ex. SC-005Executive Order No. 2020-12Governor Henry McMasterMar. 21, 2020Governor Henry McMaster, Executive Order No. 2020-12 (Mar. 21, 2020) (Ex. SC-005)/library/SC-005/exhibit/SC-005
Ex. SC-006Executive Order No. 2020-13Governor Henry McMasterMar. 23, 2020Governor Henry McMaster, Executive Order No. 2020-13 (Mar. 23, 2020) (Ex. SC-006)/library/SC-006/exhibit/SC-006
Ex. SC-007Executive Order No. 2020-14Governor Henry McMasterMar. 27, 2020Governor Henry McMaster, Executive Order No. 2020-14 (Mar. 27, 2020) (Ex. SC-007)/library/SC-007/exhibit/SC-007
Ex. SC-008Executive Order No. 2020-15Governor Henry McMasterMar. 28, 2020Governor Henry McMaster, Executive Order No. 2020-15 (Mar. 28, 2020) (Ex. SC-008)/library/SC-008/exhibit/SC-008
Ex. SC-009Executive Order No. 2020-16Governor Henry McMasterMar. 30, 2020Governor Henry McMaster, Executive Order No. 2020-16 (Mar. 30, 2020) (Ex. SC-009)/library/SC-009/exhibit/SC-009
Ex. SC-010Executive Order No. 2020-17Governor Henry McMasterMar. 31, 2020Governor Henry McMaster, Executive Order No. 2020-17 (Mar. 31, 2020) (Ex. SC-010)/library/SC-010/exhibit/SC-010
Ex. SC-011Executive Order No. 2020-18Governor Henry McMasterApr. 3, 2020Governor Henry McMaster, Executive Order No. 2020-18 (Apr. 3, 2020) (Ex. SC-011)/library/SC-011/exhibit/SC-011
Ex. SC-012Executive Order No. 2020-19Governor Henry McMasterApr. 3, 2020Governor Henry McMaster, Executive Order No. 2020-19 (Apr. 3, 2020) (Ex. SC-012)/library/SC-012/exhibit/SC-012
Ex. SC-013Executive Order No. 2020-21Governor Henry McMasterApr. 6, 2020Governor Henry McMaster, Executive Order No. 2020-21 (Apr. 6, 2020) (Ex. SC-013)/library/SC-013/exhibit/SC-013
Ex. SC-014Executive Order No. 2020-23Governor Henry McMasterApr. 12, 2020Governor Henry McMaster, Executive Order No. 2020-23 (Apr. 12, 2020) (Ex. SC-014)/library/SC-014/exhibit/SC-014
Ex. SC-015Executive Order No. 2020-28Governor Henry McMasterApr. 20, 2020Governor Henry McMaster, Executive Order No. 2020-28 (Apr. 20, 2020) (Ex. SC-015)/library/SC-015/exhibit/SC-015
Ex. SC-016Executive Order No. 2020-29Governor Henry McMasterApr. 27, 2020Governor Henry McMaster, Executive Order No. 2020-29 (Apr. 27, 2020) (Ex. SC-016)/library/SC-016/exhibit/SC-016
Ex. SC-017Executive Order No. 2020-30Governor Henry McMasterMay 1, 2020Governor Henry McMaster, Executive Order No. 2020-30 (May 1, 2020) (Ex. SC-017)/library/SC-017/exhibit/SC-017
Ex. SC-018Executive Order No. 2020-31Governor Henry McMasterMay 3, 2020Governor Henry McMaster, Executive Order No. 2020-31 (May 3, 2020) (Ex. SC-018)/library/SC-018/exhibit/SC-018
Ex. SC-019Executive Order No. 2020-34Governor Henry McMasterMay 8, 2020Governor Henry McMaster, Executive Order No. 2020-34 (May 8, 2020) (Ex. SC-019)/library/SC-019/exhibit/SC-019
Ex. SC-020Executive Order No. 2020-35Governor Henry McMasterMay 12, 2020Governor Henry McMaster, Executive Order No. 2020-35 (May 12, 2020) (Ex. SC-020)/library/SC-020/exhibit/SC-020
Ex. SC-021Executive Order No. 2020-36Governor Henry McMasterMay 15, 2020Governor Henry McMaster, Executive Order No. 2020-36 (May 15, 2020) (Ex. SC-021)/library/SC-021/exhibit/SC-021
Ex. SC-022Executive Order No. 2020-37Governor Henry McMasterMay 21, 2020Governor Henry McMaster, Executive Order No. 2020-37 (May 21, 2020) (Ex. SC-022)/library/SC-022/exhibit/SC-022
Ex. SC-023Executive Order No. 2020-38Governor Henry McMasterMay 27, 2020Governor Henry McMaster, Executive Order No. 2020-38 (May 27, 2020) (Ex. SC-023)/library/SC-023/exhibit/SC-023
Ex. SC-024Executive Order No. 2020-40Governor Henry McMasterJune 11, 2020Governor Henry McMaster, Executive Order No. 2020-40 (June 11, 2020) (Ex. SC-024)/library/SC-024/exhibit/SC-024
Ex. SC-025Executive Order No. 2020-42Governor Henry McMasterJune 26, 2020Governor Henry McMaster, Executive Order No. 2020-42 (June 26, 2020) (Ex. SC-025)/library/SC-025/exhibit/SC-025
Ex. SC-026Executive Order No. 2020-45Governor Henry McMasterJuly 11, 2020Governor Henry McMaster, Executive Order No. 2020-45 (July 11, 2020) (Ex. SC-026)/library/SC-026/exhibit/SC-026
Ex. SC-027Executive Order No. 2020-50Governor Henry McMasterAug. 2, 2020Governor Henry McMaster, Executive Order No. 2020-50 (Aug. 2, 2020) (Ex. SC-027)/library/SC-027/exhibit/SC-027
Ex. SC-028Executive Order No. 2020-53Governor Henry McMasterAug. 10, 2020Governor Henry McMaster, Executive Order No. 2020-53 (Aug. 10, 2020) (Ex. SC-028)/library/SC-028/exhibit/SC-028
Ex. SC-029Executive Order No. 2020-63Governor Henry McMasterOct. 2, 2020Governor Henry McMaster, Executive Order No. 2020-63 (Oct. 2, 2020) (Ex. SC-029)/library/SC-029/exhibit/SC-029
Ex. SC-030Executive Order No. 2020-73Governor Henry McMasterNov. 25, 2020Governor Henry McMaster, Executive Order No. 2020-73 (Nov. 25, 2020) (Ex. SC-030)/library/SC-030/exhibit/SC-030
Ex. SC-031Executive Order No. 2020-77Governor Henry McMasterDec. 23, 2020Governor Henry McMaster, Executive Order No. 2020-77 (Dec. 23, 2020) (Ex. SC-031)/library/SC-031/exhibit/SC-031
Ex. SC-032Executive Order No. 2021-11Governor Henry McMasterMar. 1, 2021Governor Henry McMaster, Executive Order No. 2021-11 (Mar. 1, 2021) (Ex. SC-032)/library/SC-032/exhibit/SC-032
Ex. SC-033Executive Order No. 2021-12Governor Henry McMasterMar. 5, 2021Governor Henry McMaster, Executive Order No. 2021-12 (Mar. 5, 2021) (Ex. SC-033)/library/SC-033/exhibit/SC-033
Ex. SC-034Executive Order No. 2021-19Governor Henry McMasterApr. 12, 2021Governor Henry McMaster, Executive Order No. 2021-19 (Apr. 12, 2021) (Ex. SC-034)/library/SC-034/exhibit/SC-034
Ex. SC-035Executive Order No. 2021-23Governor Henry McMasterMay 11, 2021Governor Henry McMaster, Executive Order No. 2021-23 (May 11, 2021) (Ex. SC-035)/library/SC-035/exhibit/SC-035
Ex. SC-036Executive Order No. 2021-25Governor Henry McMasterMay 22, 2021Governor Henry McMaster, Executive Order No. 2021-25 (May 22, 2021) (Ex. SC-036)/library/SC-036/exhibit/SC-036
Ex. SC-037State of Emergency renewal chain: EO 2020-44 (July 11, 2020), 2020-48 (July 26), 2020-56 (Aug. 25), 2020-59 (Sept. 9), 2020-62 (Sept. 24), 2020-65 (Oct. 9)…Governor Henry McMasterJuly 11, 2020Governor Henry McMaster, State of Emergency renewal chain: EO 2020-44 (July 11, 2020), 2020-48 (July 26), 2020-56 (Aug. 25), 2020-59 (Sept. 9), 2020-62 (Sept. 24), 2020-65 (Oct. 9), 2020-67 (Oct. 24), 2020-70 (Nov. 8), 2020-72 (Nov. 23), 2020-75 (Dec. 8), 2021-03 (Jan. 7, 2021), 2021-07 (Jan. 22), 2021-08 (Feb. 6), 2021-10 (Feb. 21), 2021-13 (Mar. 8), 2021-15 (Mar. 23), 2021-18 (Apr. 7), 2021-20 (Apr. 22), 2021-22 (May 7) (Ex. SC-037)/library/SC-037
Ex. SC-038Local stay-at-home ordinances (Columbia and Charleston, adopted Mar. 26, 2020, effective before the State's Home or Work Order of Apr. 7) and local…city and county councils (emergency ordinances under S.C. Code §§ 4-9-130 and 5-7-250)Mar. 26, 2020city and county councils (emergency ordinances under S.C. Code §§ 4-9-130 and 5-7-250), Local stay-at-home ordinances (Columbia and Charleston, adopted Mar. 26, 2020, effective before the State's Home or Work Order of Apr. 7) and local face-covering ordinances (Greenville from June 22-23, 2020; Charleston from July 1, 2020; Columbia, Richland County, Charleston County, Myrtle Beach and Horry County from July 2020), renewed every sixty days (Ex. SC-038)/library/SC-038
Ex. SC-039Restriction of visitation to nursing homes and assisted living facilities (directive to DHEC)South Carolina Department of Health and Environmental Control (DHEC), acting under the Governor's directiveMar. 13, 2020South Carolina Department of Health and Environmental Control (DHEC), acting under the Governor's directive, Restriction of visitation to nursing homes and assisted living facilities (directive to DHEC) (Mar. 13, 2020) (Ex. SC-039)/library/SC-039/exhibit/SC-039
Ex. SC-040Creswick v. University of South Carolina, Op. No. 28053Supreme Court of South Carolina (original jurisdiction)Aug. 17, 2021Supreme Court of South Carolina (original jurisdiction), Creswick v. University of South Carolina, Op. No. 28053 (Aug. 17, 2021) (Ex. SC-040)/library/SC-040/exhibit/SC-040
Ex. SC-041Wilson ex rel. State v. City of Columbia, Op. No. 28056, 863 S.E.2d 456 (S.C. 2021)Supreme Court of South Carolina (original jurisdiction)Sept. 2, 2021Supreme Court of South Carolina (original jurisdiction), Wilson ex rel. State v. City of Columbia, Op. No. 28056, 863 S.E.2d 456 (S.C. 2021) (Sept. 2, 2021) (Ex. SC-041)/library/SC-041/exhibit/SC-041
Ex. SC-042Richland County School District Two v. Lucas, Op. No. 28063, 862 S.E.2d 920 (S.C. 2021)Supreme Court of South Carolina (original jurisdiction)Sept. 30, 2021Supreme Court of South Carolina (original jurisdiction), Richland County School District Two v. Lucas, Op. No. 28063, 862 S.E.2d 920 (S.C. 2021) (Sept. 30, 2021) (Ex. SC-042)/library/SC-042/exhibit/SC-042
Ex. SC-043Disability Rights South Carolina v. McMaster, No. 21-2070, 24 F.4th 893 (4th Cir. Jan. 25, 2022)United States Court of Appeals for the Fourth Circuit (Thacker, J.)Jan. 25, 2022United States Court of Appeals for the Fourth Circuit (Thacker, J.), Disability Rights South Carolina v. McMaster, No. 21-2070, 24 F.4th 893 (4th Cir. Jan. 25, 2022) (Ex. SC-043)/library/SC-043/exhibit/SC-043
Ex. SC-044Act No. 102 of 2021 (S. 704), Joint ResolutionGeneral Assembly of South Carolina (S. 704, ratified R. 33, Apr. 22, 2021; signed Apr. 23, 2021)Apr. 22, 2021General Assembly of South Carolina (S. 704, ratified R. 33, Apr. 22, 2021; signed Apr. 23, 2021), Act No. 102 of 2021 (S. 704), Joint Resolution (Apr. 22, 2021) (Ex. SC-044)/library/SC-044/exhibit/SC-044
Ex. SC-045Act No. 94 of 2021, Part IB, Provisos 1.108 (SDE: Mask Mandate Prohibition) and 117.190 (GP: Masks at Higher Education Facilities)General Assembly of South Carolina (H. 4100, ratified R. 116, June 21, 2021)June 30, 2021General Assembly of South Carolina (H. 4100, ratified R. 116, June 21, 2021), Act No. 94 of 2021, Part IB, Provisos 1.108 (SDE: Mask Mandate Prohibition) and 117.190 (GP: Masks at Higher Education Facilities) (June 30, 2021) (Ex. SC-045)/library/SC-045/exhibit/SC-045
Ex. SC-046Order re Statewide Evictions and Foreclosures (2020-03-18-01)Chief Justice Donald W. Beatty, Supreme Court of South CarolinaMar. 18, 2020Chief Justice Donald W. Beatty, Supreme Court of South Carolina, Order re Statewide Evictions and Foreclosures (2020-03-18-01) (Ex. SC-046)/library/SC-046/exhibit/SC-046
Ex. SC-047Order re Operation of the Trial Courts During the Coronavirus Emergency (2020-04-03-01)Supreme Court of South CarolinaApr. 3, 2020Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (2020-04-03-01) (Ex. SC-047)/library/SC-047/exhibit/SC-047
Ex. SC-048Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended April 22, 2020) (2020-04-22-01)Supreme Court of South CarolinaApr. 22, 2020Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended April 22, 2020) (2020-04-22-01) (Ex. SC-048)/library/SC-048/exhibit/SC-048
Ex. SC-049Order re Statewide Evictions and Foreclosures (2020-04-30-02)Chief Justice Donald W. BeattyApr. 30, 2020Chief Justice Donald W. Beatty, Order re Statewide Evictions and Foreclosures (2020-04-30-02) (Ex. SC-049)/library/SC-049/exhibit/SC-049
Ex. SC-050Supreme Court Order 2020-05-01-01 (May 1, 2020)Supreme Court of South CarolinaMay 1, 2020Supreme Court of South Carolina, Supreme Court Order 2020-05-01-01 (May 1, 2020) (Ex. SC-050)/library/SC-050/exhibit/SC-050
Ex. SC-051Order re Use of Personal Protective Equipment in County Court Facilities (2020-05-26-01)Chief Justice Donald W. BeattyMay 26, 2020Chief Justice Donald W. Beatty, Order re Use of Personal Protective Equipment in County Court Facilities (2020-05-26-01) (Ex. SC-051)/library/SC-051/exhibit/SC-051
Ex. SC-052Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended December 16, 2020) (2020-12-16-01)Supreme Court of South CarolinaDec. 16, 2020Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended December 16, 2020) (2020-12-16-01) (Ex. SC-052)/library/SC-052/exhibit/SC-052
Ex. SC-053Order re In-Person Proceedings and Jury Trials in Circuit, Family, Probate, and Master-in-Equity Courts (2021-02-26-01)Chief Justice Donald W. BeattyFeb. 26, 2021Chief Justice Donald W. Beatty, Order re In-Person Proceedings and Jury Trials in Circuit, Family, Probate, and Master-in-Equity Courts (2021-02-26-01) (Ex. SC-053)/library/SC-053/exhibit/SC-053
Ex. SC-054Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended June 15, 2021) (2021-06-15-01)Supreme Court of South CarolinaJune 15, 2021Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended June 15, 2021) (2021-06-15-01) (Ex. SC-054)/library/SC-054/exhibit/SC-054
Ex. SC-055Order re Operation of the Trial Courts During the Coronavirus Emergency (extension) (2021-07-30-01)Supreme Court of South CarolinaJuly 30, 2021Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (extension) (2021-07-30-01) (Ex. SC-055)/library/SC-055/exhibit/SC-055
Ex. SC-056Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended August 27, 2021) (2021-08-27-01)Supreme Court of South CarolinaAug. 27, 2021Supreme Court of South Carolina, Order re Operation of the Trial Courts During the Coronavirus Emergency (As Amended August 27, 2021) (2021-08-27-01) (Ex. SC-056)/library/SC-056/exhibit/SC-056
Ex. SC-057South Carolina Department of Education Face Covering Guidelines for K-12 Public Schools (last updated Aug. 3, 2020)South Carolina Department of Education (Superintendent Molly M. Spearman)Aug. 3, 2020South Carolina Department of Education (Superintendent Molly M. Spearman), South Carolina Department of Education Face Covering Guidelines for K-12 Public Schools (last updated Aug. 3, 2020) (Ex. SC-057)/library/SC-057/exhibit/SC-057
Ex. SC-058Ordinance No. 2021-068, Emergency Order by the Mayor Declaring a State of Emergency (Facial Coverings)Mayor Stephen K. Benjamin (Emergency Order), ratified by City CouncilAug. 4, 2021Mayor Stephen K. Benjamin (Emergency Order), ratified by City Council, Ordinance No. 2021-068, Emergency Order by the Mayor Declaring a State of Emergency (Facial Coverings) (Aug. 4, 2021) (Ex. SC-058)/library/SC-058/exhibit/SC-058
Ex. SC-059Ordinance No. 2021-069, Ratifying Ordinance 2021-068 Declaring State of Emergency (Facial Coverings)Columbia City CouncilAug. 5, 2021Columbia City Council, Ordinance No. 2021-069, Ratifying Ordinance 2021-068 Declaring State of Emergency (Facial Coverings) (Aug. 5, 2021) (Ex. SC-059)/library/SC-059/exhibit/SC-059
Ex. SC-060Ordinance No. 2021-078, Enactment of Certain Ordinances Related to COVID-19Columbia City CouncilSept. 8, 2021Columbia City Council, Ordinance No. 2021-078, Enactment of Certain Ordinances Related to COVID-19 (Sept. 8, 2021) (Ex. SC-060)/library/SC-060
Ex. SC-061Emergency Ordinance No. ___-21HR, An Emergency Ordinance Requiring the Wearing of Face Masks to Help Alleviate the Spread of COVID 19, Specifically the Recent…Richland County CouncilSept. 14, 2021Richland County Council, Emergency Ordinance No. ___-21HR, An Emergency Ordinance Requiring the Wearing of Face Masks to Help Alleviate the Spread of COVID 19, Specifically the Recent Surge in the Delta Variant (Sept. 14, 2021) (Ex. SC-061)/library/SC-061/exhibit/SC-061
Ex. SC-062School and Childcare Exclusion List, 2021-2022 (revisions of Aug. 12 and Aug. 24, 2021; further revised Oct. 12, 2021)South Carolina Department of Health and Environmental Control (DHEC)Aug. 24, 2021South Carolina Department of Health and Environmental Control (DHEC), School and Childcare Exclusion List, 2021-2022 (revisions of Aug. 12 and Aug. 24, 2021; further revised Oct. 12, 2021) (Ex. SC-062)/library/SC-062/exhibit/SC-062
Ex. SC-063Order re Required Use of Protective Masks in County and Municipal Courthouses (2020-07-30-01)Chief Justice Donald W. BeattyJuly 30, 2020Chief Justice Donald W. Beatty, Order re Required Use of Protective Masks in County and Municipal Courthouses (2020-07-30-01) (Ex. SC-063)/library/SC-063/exhibit/SC-063
Ex. SC-064Order re Circuit Court Jury Trials (2020-12-03-01)Chief Justice Donald W. BeattyDec. 3, 2020Chief Justice Donald W. Beatty, Order re Circuit Court Jury Trials (2020-12-03-01) (Ex. SC-064)/library/SC-064/exhibit/SC-064
Ex. SC-065Order re In-Person Proceedings in Circuit, Family, Probate, and Master-in-Equity (2021-01-06-01; as amended Jan. 8, 2021, 2021-01-08-01)Chief Justice Donald W. BeattyJan. 6, 2021Chief Justice Donald W. Beatty, Order re In-Person Proceedings in Circuit, Family, Probate, and Master-in-Equity (2021-01-06-01; as amended Jan. 8, 2021, 2021-01-08-01) (Ex. SC-065)/library/SC-065/exhibit/SC-065
Ex. TX-004Executive Order GA-09Governor Greg AbbottMar. 22, 2020Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)/library/TX-004/exhibit/TX-004

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=SC&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Sept. 30, 2026. The COVID Project is a free public reference and this report is not legal advice.