Eligibility report

Governmental Orders Record and Eligibility Analysis

Retail Trade

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 380 instruments cited; 362 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?industry=07&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1

1. About this report

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

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

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

The report reproduces at covidproject.com/report?industry=07&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)

Retail Trade (the industry's regulators, nationally), first day (Apr. 1, 2020): April 1, 2020: non-essential retail closed to the public or confined to Minimum Basic Operations in 43 of 51 jurisdictions (curbside or delivery only), essential retail under occupancy caps (Alabama 50 percent from Apr. 4; Delaware 20 percent from Apr. 2; Maine 5-100 customers from Apr. 2; Missouri 25/10 percent from Apr. 6; New Jersey 50 percent and masks from Apr. 10; Michigan 4 per 1,000 sq. ft. and department closures from Apr. 9; Virginia 10 patrons; New Mexico 20 percent from Apr. 7; North Carolina 20 percent or 5 per 1,000 from Apr. 13; Pennsylvania 50 percent from Apr. 19; South Carolina 5 per 1,000 or 20 percent from Apr. 7; Wisconsin 25 percent or 4 per 1,000 from Apr. 24); enclosed malls closed in CT, NY, MD, NJ, LA, OR, WV, IA (Apr. 7), DE (Apr. 7), MI, MN, MA, IL, WA, CA and others; CISA Version 2.0 (Mar. 28) incorporated by reference in Texas GA-14 and many State lists (Exs. SEC-07-001 to -005); HHS scarce-materials designation in force from Mar. 25, 2020 (Ex. SEC-07-006); FFCRA leave mandates (FED-170 to -172); CBP duty postponement rule Apr. 20, 2020 (Ex. SEC-07-040).

Retail Trade (the industry's regulators, nationally), last day (June 30, 2020): June 30, 2020: in-store retail reopened under capacity caps in every State that had closed it (25 percent in TX until June 3 then 50; 50 percent NJ, PA green 75, IL 50, MN 50, MD 50, CT 50, NC 50, AL 50, MS 50, IA caps lifted June 12, NV 50, IN 75, KY 33, MI 25, DC 50 from June 22, DE 60, RI one per 300 sq. ft., ME 5 per 1,000, VT 50 percent or one per 100); NYC in Phase Two (50 percent) from June 22 with malls still closed; masks required of customers in CA (June 18), NM (May 16), MD (Apr. 18), NJ (Apr. 10), MA (May 6), NY (Apr. 17), PA (Apr. 19), VA (May 29), NC (June 26), WA (June 26), NV (June 26), IL (May 1), MI (Apr. 26), DE (Apr. 28), ME (May 1), RI (May 8), HI (Apr. 16), KY (from July 10); Michigan EO 2020-110 retail 25 percent; HHS designation in force.

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

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

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

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

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

Retail Trade (the industry's regulators, nationally), first day (July 1, 2020): July 1, 2020: capacity caps in force in every closure State (50 to 75 percent; NM 25; WA 30 Phase 2; MI 25); malls closed in NYC (to Sept. 9) and capped elsewhere; NM retailers must refuse entry to the unmasked from July 1 (NM-023); WA 'no mask, no service' July 7; TX GA-29 masks inside every commercial entity July 3; PA universal face coverings July 1; ME large-retailer enforcement July 8; LA masks July 13; AL masks July 16; CO masks July 17; AR July 20; MN July 25; IN July 27; MS Aug. 5; WI Aug. 1; VT Aug. 1; OH July 23; HHS designation extended July 23, 2020 (Ex. SEC-07-034); FFCRA in force.

Retail Trade (the industry's regulators, nationally), last day (Sept. 30, 2020): September 30, 2020: caps at 50 to 75 percent in NJ, PA, IL, MN, MD (75 from Sept. 4), CT, LA (75 from Sept. 11), TX (75 from Sept. 21 outside high-hospitalization TSAs), MI, NV, NM, WA, CA Blueprint tiers (Purple 25, Red 50) from Aug. 31, OR, DE 60, RI, VT, ME, KY 33, IN Stage 5 rules; Florida EO 20-244 (Sept. 25) ended State caps and preempted local caps below 50 percent; masked-entry orders in force in 34 States and the District; HHS designation in force; CISA Version 4.0 (Aug. 18, 2020) (Ex. SEC-07-005).

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)

Retail Trade (the industry's regulators, nationally), first day (Oct. 1, 2020): October 1, 2020: the Q3 caps and mask orders continued; NV Directive 033 capacity signage Oct. 5; NM 10:00 p.m. retail closing Oct. 23; WI Emergency Order 3 (25 percent of rooms open to the public) Oct. 8-Nov. 6.

Retail Trade (the industry's regulators, nationally), last day (Dec. 31, 2020): December 31, 2020: the winter re-tightening in force: CA Regional Stay at Home Order retail 20 percent (Southern California and San Joaquin Valley from Dec. 6; Bay Area Dec. 17); IL Tier 3 25 percent (grocery 50) from Nov. 20; WA 25 percent with food courts closed from Nov. 17; MI 30 percent from Nov. 18; MN 50 percent under EO 20-99; PA 50 percent Dec. 12-Jan. 4; DE 30 percent (20 percent over 100,000 sq. ft.) from Dec. 14; RI one per 100 sq. ft. from Nov. 30; MA 25 percent from Dec. 26; DC 25 percent or 250 from Dec. 17; MD 50 percent from Nov. 20; NM county levels from Dec. 2 after the Nov. 16-Dec. 1 closure; OH Retail and Business Compliance order (Nov. 16) and curfew (Nov. 19); NC Modified Stay at Home from Dec. 11; NV large-store entrance counting from Nov. 24; KY 50 percent from Dec. 14; LA 50 percent from Nov. 25; new statewide masks in ND (Nov. 14), UT (Nov. 9), WY (Dec. 9), NH (Nov. 20), WV (Nov. 14), IA cities; HHS designation extended to Jan. 19, 2021 (Ex. SEC-07-035).

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)

Retail Trade (the industry's regulators, nationally), first day (Jan. 1, 2021): January 1, 2021: every Q4 2020 re-tightening instrument in force (see 2020Q4 last_day); TX GA-32 50 percent in 18 of 22 Trauma Service Areas by Jan. 15; CDC conveyance mask order from Feb. 1, 2021 (FED-020) and TSA SD 1582/84-21-01 (FED-050) for the transit commute; HHS designation extended Feb. 1, 2021 to June 30, 2021 (Ex. SEC-07-036); land-border notices monthly (FED-226 to -229, -249 to -252); Proclamation 10143 (FED-207).

Retail Trade (the industry's regulators, nationally), last day (Mar. 31, 2021): March 31, 2021: capacity orders still in force in 31 jurisdictions (CA tiers to June 15; WA Phase 3 50 percent from Mar. 22; OR county risk levels; NM levels; NV; CO Dial to Apr. 16; IL 50 percent; MI 50 percent from Mar. 5; MN; PA 50 to Apr. 4 then 75; NJ 50; NY 50; CT 50 to Mar. 18; DE 50; RI; MA 40; DC 25; MD lifted Mar. 12; KY 60; LA 75 from Mar. 3 and no cap Mar. 31; IN Stage 5 rules to Apr. 5; NC 100 percent from Mar. 26 with masks; ME 50 percent from Mar. 26; VT; HI; AL 50 percent distancing to Apr. 9; TX none from Mar. 10; MS none from Mar. 3; WV to Apr. 20; UT to May 4; WY ended Mar. 16); masked entry in 36 jurisdictions; CA EO N-03-21 (Mar. 4, 2021) price-gouging protections to Sept. 4, 2021 (Ex. SEC-07-033); EO 14017 (Feb. 24, 2021) (Ex. SEC-07-042); OSHA NEP DIR 2021-01 (Mar. 12, 2021).

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)

Retail Trade (the industry's regulators, nationally), first day (Apr. 1, 2021): April 1, 2021: capacity orders in force in 31 jurisdictions (see 2021Q1 last_day); masked entry in 36; HHS designation in force to June 30; CDC/TSA transit orders; land-border notices (FED-230 to -232, -253 to -255).

Retail Trade (the industry's regulators, nationally), last day (June 30, 2021): June 30, 2021: statewide retail caps in force only in NM (to July 1), WA and OR (ending at the end of the day); HI's regime continuing; unvaccinated-patron mask rules in CA (from June 15), NY (Subpart 66-3, readopted June 23), CT (EO 12A), RI, WA (Order 20-03.3), NM, NV; Cal/OSHA ETS readopted June 17; OSHA Healthcare ETS June 21 (FED-080) with the retail-pharmacy dispensing exception; OSHA NEP; HHS designation's Feb. 1 extension expiring that day, superseded July 1 (Ex. SEC-07-031); CDC eviction order extended June 24 (FED-025); land-border notices June 23 (FED-232, -255); White House 100-day supply-chain review June 8 (Ex. SEC-07-043).

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)

Retail Trade (the industry's regulators, nationally), first day (July 1, 2021): July 1, 2021: HHS designation of scarce materials extended with effect from July 1 through Nov. 15, 2021 (Ex. SEC-07-031); CDC conveyance order (FED-020) and TSA SD 1582/84-21-01A (FED-051); DHS land-border notices to July 21 (FED-232, -255) then July 22 (FED-233, -256); Proclamations 10143 and 10199 (FED-207, -208); OSHA NEP DIR 2021-03 effective July 7 listing NAICS 445110, 452210 and 452311 (AGY-FED-LABOR-IMMIGRATION-088); OSHA Healthcare ETS compliance dates July 6 and 21 (FED-080); NM PHO June 30 (unvaccinated masks; mandatory COVID-Safe Practices; $5,000 penalties) (NM-060); WA Order 20-03.3 and 20-25.14 employer duties (WA-072); CA SPHO June 11 order and CDPH mask rule (CA-029, CA-035) and Cal/OSHA ETS (CA-024); CA EO N-03-21 to Sept. 4 (Ex. SEC-07-033); NY Subpart 66-3 (NY-133); CT EO 12A; RI RIDOH 216-RICR-50-15-7; NV Directive 045 business duty; HI face covering and EO chain; VA 16VAC25-220; OR OAR 437-001-0744; NY commercial eviction stay (ch. 73 and 104 of 2021) to Aug. 31; WA evictions bridge 21-09 to Sept. 30; continuing State emergencies in 40 or more jurisdictions.

Retail Trade (the industry's regulators, nationally), last day (Sept. 30, 2021): September 30, 2021: HHS designation in force (to Nov. 15); CDC conveyance order and TSA SD 1582/84-21-01B (FED-052, from Sept. 14); land-border notices Sept. 22 (FED-235, -258); entry proclamations to Nov. 8; universal indoor mask orders in force statewide in LA (137/167/181 JBE 2021, to Oct. 27), OR (OAR 333-019-1025), NM (PHO Aug. 17 extended Sept. 15), WA (Order 20-03.4; Proclamation 20-25.15), IL (EO 2021-20/-22), NV (Directive 047 in substantial- and high-transmission counties), DC (MO 2021-097), HI, and in counties and cities in CA, MO, PA, TN, NE, IA, WI, MA, AL, IN, WY and (until enjoined) TX; NY 10 NYCRR 2.60 and the Commissioner's Determination (Aug. 27) and HERO Act plans activated Sept. 6 (NY-071-B, NY-073); CT EO 13A municipal orders; school and child-care mask orders of the 2021-22 year in 20 or more States (WF); OSHA NEP; Cal/OSHA and OR-OSHA and VA DOLI standards; FMC Fact Finding 29 interim recommendations July 28 (AGY-USCG-PORTS-052) and USCG MSIB 02-21 Change 3 Sept. 2 (AGY-USCG-PORTS-038) as the port layer.

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

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

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

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

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

Layer	2020 Q2	2020 Q3	2020 Q4	2021 Q1	2021 Q2	2021 Q3	Total
Federal layer	179	163	160	175	165	167	330
Sector regulators	22	11	9	11	9	7	35
Group meetings and trade shows	12	17	7	5	2	2	45
All layers	213	191	176	191	176	176	410

3. The statute and the test

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

the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID-19)
CARES Act § 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 348; I.R.C. § 3134(c)(2)(A)(ii)(I), 135 Stat. 4, 177

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

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

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

The partial-suspension test and how this report applies it

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

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

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

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

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

How this report was assembled

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

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

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

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

4. How this business operates: Retail Trade

Retail trade was the industry the closure orders named first and released last among the sectors that were permitted to operate at all. Every one of the fifty States and the District of Columbia issued at least one order in March or April 2020 that limited retail commerce in terms: forty-three of the fifty-one jurisdictions closed non-essential retail premises to the public by category or by an essential list (the exceptions, Arkansas, Nebraska, North Dakota, South Dakota, Utah at the State level, Wyoming, Missouri and Iowa, imposed statewide distancing protocols, per-square-foot or percentage caps, or categorical closures of specific store types instead), and the eight jurisdictions that issued no categorical closure imposed binding conditions on the sales floor (Arkansas EO 20-13 protocols from April 6, 2020; Missouri's 25 percent and 10 percent occupancy caps from April 6, 2020; Iowa's closures of clothing, furniture, jewelry, toy and music stores and malls from March 26 and April 7, 2020; Utah's county closures and Red-phase one-person-per-100-square-feet rule; South Dakota's municipal customer caps; Nebraska's and Wyoming's mandatory disinfection and gathering carve-outs). The closures ran from the third week of March 2020 into May and June 2020 in most States and to June 8, 2020 in Massachusetts, June 15, 2020 in New Jersey, and (for enclosed malls) July 10 and September 9, 2020 in New York. The reopenings were not restorations: they were capacity orders. Twenty-five percent (Texas GA-18, Michigan EO 2020-110, New Mexico, Colorado Orange, Illinois Tier 3), thirty percent (Washington Phase 2, Delaware), thirty-three percent (Kentucky), fifty percent (New Jersey, Pennsylvania, Illinois, Minnesota, Maryland, Connecticut, North Carolina, Alabama, Mississippi, Iowa, Nevada, Indiana, Alaska, Montana, Louisiana), four customers per 1,000 square feet (Michigan EO 2020-42, Wisconsin EO 28), five per 1,000 or twenty percent (South Carolina, North Carolina EO 131, Maine), one customer per 100 or 300 square feet (Rhode Island), eight per 1,000 (Georgia), ten patrons (Virginia EO 53), one adult per household (Kentucky EO 2020-275), and mandatory closure of carpet, furniture, garden and paint departments inside open stores (Michigan EO 2020-42) are the operative words of the second quarter of 2020. Enclosed malls were closed separately and earlier in Connecticut (March 19, 2020), New York (March 19), Maryland (March 19), New Jersey (March 21), Louisiana (March 23), Oregon and West Virginia (March 24), Iowa (April 7) and Delaware (April 7), and reopened with common areas closed or capped (Louisiana, Indiana, Minnesota, New York's HVAC conditions). The third quarter of 2020 kept the caps (fifty to seventy-five percent in most States; New Mexico, California, Oregon and Washington lower), added statewide masked-entry orders in thirty-nine jurisdictions with retailer enforcement duties in many (Pennsylvania, New Mexico, Washington's 'no mask, no service,' Colorado's duty to refuse service, Maine's large-retailer enforcement order of July 8, 2020, Texas GA-29's fines inside every commercial entity), and confined promotions and events (MK) under gathering caps everywhere. The fourth quarter of 2020 and the first quarter of 2021 re-tightened: California's Regional Stay at Home Order (retail 20 percent), New Mexico's second closure of non-essential retail (November 16 to December 1, 2020) and big-box closure (November 19), Illinois Tier 3 (25 percent), Washington 20-25.8 (25 percent, food courts closed), Michigan (30 percent), Pennsylvania (50 percent December 12 to January 4), Delaware (30 percent, 20 percent for stores over 100,000 square feet), Rhode Island (one per 100 square feet, dressing rooms closed), Massachusetts (25 percent), the District (25 percent or 250), Maryland (50 percent), Ohio's Retail and Business Compliance order with its Retail Compliance Unit and 24-hour closure sanction (November 16, 2020) and its curfew closing retail 10:00 p.m. to 5:00 a.m. (November 19, 2020 to February 11, 2021), North Carolina's Modified Stay at Home (December 11, 2020 to February 26, 2021) and statewide mask mandates newly imposed in North Dakota, Utah, Wyoming, Iowa's cities, New Hampshire and West Virginia. The second quarter of 2021 was the quarter of stepped withdrawal, State by State, on dates that run from March 10 (Texas) through May and June to June 30 and July 1, 2021 (Washington, New Mexico, Oregon, Minnesota), with the capacity order in force on April 1, 2021 in thirty-one jurisdictions. The third quarter of 2021 opened with New Mexico's, Washington's and Oregon's caps ending that day or the day before and then reimposed masked entry statewide in Louisiana (August 4), Oregon (August 13), New Mexico (August 20), Washington (August 23), Illinois (August 30), Nevada (July 30 for substantial- and high-transmission counties), the District (July 31), and by county and city across California (Los Angeles County July 17; Sacramento and Yolo July 30; the Bay Area August 3), Missouri (St. Louis July 26; Kansas City August 2), Louisiana (New Orleans July 30), Pennsylvania (Philadelphia August 12), Tennessee (Shelby County August 20), Nebraska (Lincoln August 26), Iowa (Iowa City August 19), Wisconsin (Dane County August 19), Massachusetts (Boston August 27), Alabama (Birmingham), Indiana (Monroe County August 5) and Wyoming (Teton County August 26), while unvaccinated-patron mask rules remained in force in California, New York (10 NYCRR Subpart 66-3 to August 27 and 10 NYCRR 2.60 thereafter), Connecticut (EO 12A and 13A), Rhode Island (to August 31) and Hawaii's universal mandate never lapsed. On the federal layer the HHS designation of scarce materials under EO 13910, which forbids any person to accumulate designated PPE, sanitizers, disinfectants, respirators and (from February 2021) syringes 'in excess of the reasonable demands of business, personal, or home consumption' or 'for the purpose of resale at prices in excess of prevailing market prices,' was extended on July 7, 2021 with effect from July 1, 2021 through November 15, 2021 (86 Fed. Reg. 35810; Ex. SEC-07-031): a federal order limiting commerce in identified retail goods, in force every day of the third quarter of 2021 and enforced by the Department of Justice against retailers and resellers. OSHA's revised National Emphasis Program of July 7, 2021 (DIR 2021-03) lists supermarkets and other grocery stores (NAICS 445110) and department stores and warehouse clubs and supercenters (452210, 452311) among the industries targeted for programmed inspections. The CDC conveyance mask order and TSA directives governed the commute of every transit-dependent store employee through the quarter; the DHS land-border notices and the presidential entry proclamations limited cross-border shopping, buying trips and inbound travel; the Ports of Los Angeles and Long Beach congestion, the Vietnamese and Malaysian factory closures and the Ningbo terminal closure of August 2021 are the facts and circumstances in which the federal supply-chain instruments (EO 14017 and the June 8, 2021 review; the FMC's Fact Finding 29 orders; the Coast Guard's MSIB 02-21 safety requirements at ports) operated. The ML function carried commercial eviction stays in New York to August 31, 2021 and eviction bridges in Washington to September 30, 2021. Every quarter from 2020 Q2 through 2021 Q3 therefore has a dated list of orders limiting retail commerce; the question is never whether such orders existed but which of them reached which function on which days.

The functions of the business

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

Code	Function
SF	sales floor
CU	curbside and online fulfillment
ST	receiving, stockroom and warehouse
SC	supply chain and imports
ML	malls and landlords under closure orders
MK	promotions and events
HR	hiring, screening, training and credentialing
OP	office, administration and telework
WF	workforce availability
CB	the customer base

5. The orders, quarter by quarter

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

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

Federal layer

Ex. FED-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-290

Press release of March 12, 2020 (Building closed to the public)

Supreme Court Building closed to the public until further notice

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

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

Enforcement: Supreme Court Police

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

Ex. FED-097

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

QSO-20-14-NH (REVISED)

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

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

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

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

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

Ex. FED-027

CDC No Sail Order and Suspension of Further Embarkation

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

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

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

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

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

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

Ex. FED-190

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

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

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

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

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

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

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

Ex. FED-279

Order of March 16, 2020 (COVID-19 building access)

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

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

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

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

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

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

Ex. FED-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-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-158

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

Non-Emergent, Elective Medical Services, and Treatment Recommendations

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

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

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

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

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

Ex. FED-028

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-159

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

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

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

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

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

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

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

Ex. FED-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-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-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-302

Standing Order 20-13

In re: Use of Face Coverings/Masks Due to COVID-19

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

Dates: In force from May 22, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementCourts and public offices
Functions reached: CT; CS
Grade: Primary source read
Days in this quarter: 40 (in force on the last day)

IT IS HEREBY ORDERED, that all persons seeking entry to or [present in the courthouses, including court staff and] the public, are required to wear a face covering or mask when in a community setting, including entering and exiting the courthouse, entering and exiting the Clerk's Office, and in [elevators, hallways] and restrooms; and it is further ORDERED that all persons shall engage in social distancing, which requires that individuals maintain a six-foot distance between each other...

Enforcement: court order; court security

Citation: Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302) Open the exhibit

Ex. FED-285

Order of the Chief Judge No. 20-078

In re: Coronavirus Public Emergency - Use of Face Coverings in the Courthouses

Chief Judge Philip S. Gutierrez, United States District Court for the Central District of California (Court)

Dates: In force from June 1, 2020 to Oct. 1, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementCourts and public offices
Functions reached: CT courthouse access conditioned on masking for all of 2020 Q3 through 2021 Q3; CS
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

[all persons entering or] occupying, the United States Courthouses or Probation and Pretrial Services Offices in the Central District of California must wear face coverings in all [public] spaces. The face covering must completely conceal the individual's nose [and mouth]...

Enforcement: court order; court security officers

Citation: Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285) Open the exhibit

Ex. FED-325

USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4

USCIS Preparing to Resume Public Services on June 4

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

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

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

Enforcement: agency entry conditions

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

Ex. FED-287

General Order No. 44 (entrance protocols; COVID-19)

General Order 44: Entrance Protocols (Elbert P. Tuttle Courthouse)

United States Court of Appeals for the Eleventh Circuit, United States Court of Appeals for the Eleventh Circuit (Atlanta) (Court)

Dates: Effective: 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Face-covering requirementCourts and public offices
Functions reached: CT
Grade: Confirmed from a secondary source

Enforcement: court order; court security

Citation: United States Court of Appeals for the Eleventh Circuit, General Order No. 44 (entrance protocols; COVID-19) (Ex. FED-287) Open the exhibit

Ex. FED-010

Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus

Determination that a Public Health Emergency Exists

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

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

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

Enforcement: Predicate; the enabled instruments carry their own enforcement

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

Ex. FED-200

Proclamation 9984

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-180

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

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

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

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

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

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

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

Ex. FED-181

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

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

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

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

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

Enforcement: Framework for FDA emergency use authorizations

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

Ex. FED-001

Proclamation 9994

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-160

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

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

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

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

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

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

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

Ex. FED-182

Emergency Use Declaration: personal respiratory protective devices

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

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

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

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

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

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

Ex. FED-201

Proclamation 9992

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

Ex. FED-262

OMB Memorandum M-20-13

Updated Guidance on Telework Flexibilities in Response to Coronavirus

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

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

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

Enforcement: OMB management directive to agency heads

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

Ex. FED-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

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

Regulators of Retail Trade

Ex. SEC-07-022

Executive Order 2020-42

Temporary requirement to suspend activities that are not necessary to sustain or protect life (rescission of EO 2020-21; store occupancy and department closures)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 9, 2020 to Apr. 24, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureCapacity limitTravel and quarantineOther
Functions reached: SF (per-square-foot caps; departments closed inside open stores); MK (advertising and promotion of non-essential goods barred); CU; ST; WF; CB (in-state travel between residences barred)
Grade: Primary source read
Days in this quarter: 16

1. This order must be construed broadly to prohibit in-person work that is not necessary to sustain or protect life.... d. For stores of more than 50,000 square feet: 1. Limit the number of customers in the store at one time (excluding employees) to 4 people per 1,000 square feet of customer floor space.... 2. Close areas of the store--by cordoning them off, placing signs in aisles, posting prominent signs, removing goods from shelves, or other appropriate means--that are dedicated to the following classes of goods: A. Carpet or flooring. B. Furniture. C. Garden centers and plant nurseries. D. Paint. 3. By April 13, 2020, refrain from the advertising or promotion of goods that are not groceries, medical supplies, or items that are necessary to maintain the safety, sanitation, and basic operation of residences.

Enforcement: MCL 10.33, 30.405(3) (misdemeanor)

Citation: Governor Gretchen Whitmer, Executive Order 2020-42 (Apr. 9, 2020) (Ex. SEC-07-022) Open the exhibit

Ex. SEC-07-011

Executive Order No. 122 (2020)

Executive Order No. 122: cessation of non-essential construction; mitigation requirements for essential retail, manufacturing and warehousing; face coverings

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Apr. 10, 2020 to May 28, 2021 (issued Apr. 8, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCapacity limitFace-covering requirementWorkplace rules
Functions reached: SF (50 percent occupancy, masks, gloves, barriers, senior hours); ST (warehousing protocols); WF; CB (masked entry)
Grade: Primary source read
Days in this quarter: 82 (in force on the last day)

1. Where an essential retail business is permitted to maintain in-person operations... a. Limit occupancy at 50% of the stated maximum store capacity... require... cloth face coverings... [and] gloves

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

Citation: Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011) Open the exhibit

Ex. SEC-07-016

Emergency Executive Order 20-48

Extending and Modifying Stay at Home Order, Continuing Temporary Closure of Bars, Restaurants, and Other Places of Public Accommodation, and Allowing Additional Workers to Return to Safe Workplaces (retail curbside pickup and delivery)

Governor Tim Walz, Minnesota (State)

Dates: In force from May 3, 2020 to May 17, 2020 (issued Apr. 30, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureCapacity limitWorkplace rules
Functions reached: CU (curbside as the permitted channel from May 4); SF (closed to the public); WF; CB (stay-home)
Grade: Primary source read
Days in this quarter: 15

Beginning on Sunday, May 3, 2020 at 11:59 pm through Sunday, May 17, 2020 at 11:59 pm, all persons currently living within the State of Minnesota are ordered to stay at home... vii. Pick up retail products from establishments offering curbside pickup... Retail businesses... strongly encouraged to offer curbside pickup or delivery of products

Enforcement: Minn. Stat. 12.45 (misdemeanor); business penalties under para. on enforcement

Citation: Governor Tim Walz, Emergency Executive Order 20-48 (Apr. 30, 2020) (Ex. SEC-07-016) Open the exhibit

Ex. SEC-07-015

Executive Order 53 (2020)

Temporary Restrictions on Restaurants, Recreational, Entertainment, Gatherings, Non-Essential Retail Businesses, and Closure of K-12 Schools Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam, Virginia (State)

Dates: In force from Mar. 24, 2020 to May 14, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Business closureCapacity limitGathering capSchools and child care
Functions reached: SF; CU; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 52

(as read in VA-004) any brick and mortar retail business not listed... may continue to operate but must limit all in-person shopping to no more than 10 patrons per establishment... If any such business cannot adhere to the 10 patron limit with proper social distancing requirements, it must close

Enforcement: Va. Code 44-146.17 (Class 1 misdemeanor)

Citation: Governor Ralph S. Northam, Executive Order 53 (2020) (Mar. 23, 2020) (Ex. SEC-07-015)

Ex. SEC-07-029

Executive Order 2020-21

Temporary requirement to suspend activities that are not necessary to sustain or protect life (Stay Home, Stay Safe)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Mar. 24, 2020 to Apr. 9, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandate
Functions reached: SF; CU; ML; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 17

Enforcement: MCL 10.33, 30.405(3)

Citation: Governor Gretchen Whitmer, Executive Order 2020-21 (Mar. 23, 2020) (Ex. SEC-07-029)

Ex. SEC-07-012

Executive Order No. 142 (2020)

Executive Order No. 142: resumption of non-essential construction; curbside pickup at non-essential retail; drive-through and drive-in events

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from May 18, 2020 to June 15, 2020 (issued May 13, 2020)
Quarters: 2020 Q2
Limitations: Business closureCapacity limitWorkplace rules
Functions reached: CU (curbside as the only permitted channel); SF (premises closed to customers); WF (minimum staff)
Grade: Primary source read
Days in this quarter: 29

9. Non-essential retail businesses are permitted to reopen to the public, but only to allow customers to pick up goods they have already ordered ('curbside pickup')... Paragraphs 1-3 and 9 shall take effect at 6:00 a.m. on Monday, May 18, 2020.

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

Citation: Governor Philip D. Murphy, Executive Order No. 142 (2020) (May 13, 2020) (Ex. SEC-07-012) Open the exhibit

Ex. SEC-07-020

Executive Order No. 7F

Protection of Public Health and Safety During COVID-19 Pandemic and Response: Closure of Large Shopping Malls and Places of Public Amusement

Governor Ned Lamont, Connecticut (State)

Dates: In force from Mar. 19, 2020 to May 20, 2020 (issued Mar. 18, 2020)
Quarters: 2020 Q2
Limitations: Business closure
Functions reached: ML (malls closed); SF (mall tenants closed); MK; WF; CB
Grade: Primary source read
Days in this quarter: 63

1. Closure of Large Shopping Malls. For purposes of this Order, 'Large Shopping Malls' means the Brass Mill Center in Waterbury, the Connecticut Post Mall in Milford, the Crystal Mall in Waterford, the Danbury Fair Mall in Danbury,... the SoNo Collection in Norwalk, Westfarms Mall

Enforcement: Conn. Gen. Stat. 28-22

Citation: Governor Ned Lamont, Executive Order No. 7F (Mar. 18, 2020) (Ex. SEC-07-020) Open the exhibit

Ex. SEC-07-023

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

ESD guidance under Executive Order 202.6: essential retail categories; non-essential retail limited to remote-order fulfillment by one employee

Empire State Development (under Executive Order 202.6, Governor Andrew M. Cuomo), New York (State)

Dates: In force from Mar. 22, 2020 to May 15, 2020 (issued Mar. 27, 2020)
Quarters: 2020 Q2
Limitations: Business closureTelework mandate
Functions reached: SF (closed to the public); CU (one-employee remote fulfillment only); ST; OP (telework); WF; CB
Grade: Primary source read
Days in this quarter: 55

Essential retail including: grocery stores including all food and beverage stores; pharmacies; convenience stores; farmer's markets; gas stations; restaurants/bars (but only for take-out/delivery); hardware, appliance, and building material stores; pet food; telecommunications to service existing customers and accounts... delivery for orders placed remotely via phone or online at non-essential retail establishments; provided, however, that only one employee is physically present at the business location to fulfill orders

Enforcement: Executive Law 29-a; Public Health Law 12 (civil penalties); EO 202.8

Citation: Empire State Development (under Executive Order 202.6, Governor Andrew M. Cuomo), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential-business guidance) (Mar. 27, 2020) (Ex. SEC-07-023) Open the exhibit

Ex. SEC-07-018

Executive Order 2020-246

State of Emergency: closure of in-person retail businesses that are not life-sustaining

Governor Andy Beshear, Kentucky (State)

Dates: In force from Mar. 23, 2020 to May 20, 2020 (issued Mar. 22, 2020)
Quarters: 2020 Q2
Limitations: Business closure
Functions reached: SF (closed); CU (curbside and delivery permitted); ML; WF; CB
Grade: Primary source read
Days in this quarter: 59

1. All in-person retail businesses that are not life-sustaining are ordered to close effective Monday, March 23, 2020, at 8:00 p.m. 2. Life-sustaining retail businesses include grocery stores, pharmacies, banks, hardware stores, and other businesses that provide staple goods.

Enforcement: KRS 39A.990 (Class A misdemeanor)

Citation: Governor Andy Beshear, Executive Order 2020-246 (Mar. 22, 2020) (Ex. SEC-07-018) Open the exhibit

Ex. SEC-07-019

COVID-19 Order No. 13

Order Assuring Continued Operation of Essential Services in the Commonwealth, Closing Certain Workplaces, and Prohibiting Gatherings of More Than 10 People

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 24, 2020 to June 8, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Business closureTelework mandateGathering cap
Functions reached: SF; ML; MK; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 77

(per MA-008) all businesses and other organizations that do not provide COVID-19 Essential Services shall close their physical workplaces and facilities to workers, customers and the public as of 12:00 noon on March 24, 2020; gatherings of more than 10 people prohibited

Enforcement: Criminal penalty and civil fines under the Civil Defense Act and G.L. c. 17, s. 2A

Citation: Governor Charles D. Baker, COVID-19 Order No. 13 (Mar. 23, 2020) (Ex. SEC-07-019) Open the exhibit

Ex. SEC-07-021

Proclamation of Disaster Emergency (Public Health Disaster Emergency) of April 6, 2020

Additional closures: malls, tobacco and vape, toy, gaming, music and movie stores, social clubs, amusement and recreation facilities

Governor Kim Reynolds, Iowa (State)

Dates: In force from Apr. 7, 2020 to May 1, 2020 (issued Apr. 6, 2020)
Quarters: 2020 Q2
Limitations: Business closureGathering cap
Functions reached: ML; SF; MK; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 25

(per IA-008) enclosed malls and the enumerated retail categories ordered closed from 8:00 a.m. April 7, 2020 through April 30, 2020

Enforcement: Iowa Code 29C.6, 135.144, 135.38

Citation: Governor Kim Reynolds, Proclamation of Disaster Emergency (Public Health Disaster Emergency) of April 6, 2020 (Apr. 6, 2020) (Ex. SEC-07-021) Open the exhibit

Ex. SEC-07-017

Emergency Executive Order 20-56

Safely Reopening Minnesota's Economy and Ensuring Safe Non-Work Activities during the COVID-19 Peacetime Emergency (retail at 50 percent under a Preparedness Plan)

Governor Tim Walz, Minnesota (State)

Dates: In force from May 17, 2020 to May 27, 2021 (issued May 13, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitGathering capWorkplace rules
Functions reached: SF; ML (mall facility occupancy); WF; CB
Grade: Primary source read
Days in this quarter: 45 (in force on the last day)

store occupancy must not exceed 50 percent of the normal occupant capacity as determined by the fire marshal. In customer facing businesses that share common areas, such as malls, all Plans must similarly include a facility occupancy that must not exceed 50 percent of the normal occupant capacity as determined by the fire marshal

Enforcement: Minn. Stat. 12.45

Citation: Governor Tim Walz, Emergency Executive Order 20-56 (May 13, 2020) (Ex. SEC-07-017) Open the exhibit

Ex. SEC-07-006

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

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures Under Executive Order 13910 and Section 102 of the Defense Production Act of 1950

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

Dates: In force from Mar. 25, 2020 to July 23, 2020
Quarters: 2020 Q22020 Q3
Limitations: Supply chainOther
Functions reached: SF sales floor (pricing and quantity limits on designated PPE, sanitizer and disinfectant sales); CU online resale; ST stockroom (accumulation limits); SC supply chain (allocation to health care)
Grade: Primary source read
Days in this quarter: 98 (in force on the last day)

The Act prohibits any person from accumulating designated materials (1) in excess of the reasonable demands of business, personal, or home consumption, or (2) for the purpose of resale at prices in excess of prevailing market prices.... This designation shall terminate after 120 days from the date of publication

Enforcement: 50 U.S.C. 4513 (criminal penalties: fine up to $10,000 and imprisonment up to one year); DOJ COVID-19 Hoarding and Price Gouging Task Force (Mar. 24, 2020)

Citation: Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020) (Mar. 25, 2020) (Ex. SEC-07-006) Open the exhibit

Ex. SEC-07-002

Guidance on the Essential Critical Infrastructure Workforce, Version 2.0

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

CISA, United States (Federal)

Dates: In force from Mar. 28, 2020 to Apr. 17, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: SF; SC; ST
Grade: Confirmed from a secondary source
Days in this quarter: 21

Enforcement: None; incorporated by Texas GA-14 (eff. Apr. 2, 2020; TX-008) and other State orders

Citation: CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 2.0 (Mar. 28, 2020) (Ex. SEC-07-002)

Ex. SEC-07-030

Executive Order N-44-20

Executive Order N-44-20 (price gouging: extension of Penal Code 396 protections and additional restrictions on retail price increases)

Governor Gavin Newsom, California (State)

Dates: In force from Apr. 3, 2020 to Sept. 4, 2020
Quarters: 2020 Q22020 Q3
Limitations: Other
Functions reached: SF (retail price limits on essentials); CU (online resale); SC (procurement pricing)
Grade: Confirmed from a secondary source
Days in this quarter: 89 (in force on the last day)

(as recited in EO N-03-21) Executive Orders N-44-20 and N-78-20... further implemented protections against price gouging (Penal Code 396 ten-percent limit on price increases for consumer food items and goods, emergency and medical supplies, and a bar on selling above the prevailing price items not previously sold)

Enforcement: Penal Code 396 (misdemeanor; civil enforcement by the Attorney General and district attorneys)

Citation: Governor Gavin Newsom, Executive Order N-44-20 (Apr. 3, 2020) (Ex. SEC-07-030) Open the exhibit

Ex. SEC-07-007

OSHA Alert 3996, COVID-19 Guidance for Retail Workers

COVID-19 Guidance for Retail Workers (OSHA 3996-03R 2021; original alert April 2020)

Occupational Safety and Health Administration, United States (Federal)

Dates: In force from Apr. 8, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: SF; CU; ST; HR
Grade: Primary source read
Days in this quarter: 84 (in force on the last day)

Take the following steps to reduce the risk of exposure to the coronavirus for workers in the retail industry (e.g., supermarkets, and big box stores): Provide and have all workers wear face coverings... Use a drive-through window or curbside pick-up. Implement physical distancing practices in all communal work areas. Install plexiglass partitions at counters and cash registers.

Enforcement: Guidance; OSHA general-duty-clause citations and the National Emphasis Program (DIR 2021-01, 2021-03) are the enforcement posture

Citation: Occupational Safety and Health Administration, OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Apr. 8, 2020) (Ex. SEC-07-007) Open the exhibit

Ex. SEC-07-003

Guidance on the Essential Critical Infrastructure Workforce, Version 3.0

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

CISA, United States (Federal)

Dates: In force from Apr. 17, 2020 to May 19, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: SF; SC; ST
Grade: Primary source read
Days in this quarter: 33

This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard.

Enforcement: None

Citation: CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 3.0 (Apr. 17, 2020) (Ex. SEC-07-003) Open the exhibit

Ex. SEC-07-041

Executive Order 13916, 85 Fed. Reg. 22951 (Apr. 24, 2020)

National Emergency Authority To Temporarily Extend Deadlines for Certain Estimated Payments

President Donald J. Trump, United States (Federal)

Dates: In force from Apr. 18, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: SC (context)
Grade: Primary source read
Days in this quarter: 74 (in force on the last day)

Executive Order 13916 of April 18, 2020... National Emergency Authority To Temporarily Extend Deadlines for Certain Estimated Payments

Enforcement: n/a

Citation: President Donald J. Trump, Executive Order 13916, 85 Fed. Reg. 22951 (Apr. 24, 2020) (Apr. 18, 2020) (Ex. SEC-07-041) Open the exhibit

Ex. SEC-07-040

Temporary Final Rule, Temporary Postponement of the Time to Deposit Certain Estimated Duties, Taxes, and Fees During the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 22349 (Apr. 22, 2020)

Temporary Postponement of the Time to Deposit Certain Estimated Duties, Taxes, and Fees During the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak

U.S. Customs and Border Protection and Department of the Treasury, United States (Federal)

Dates: In force from Apr. 20, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Other
Functions reached: SC supply chain and imports (context: the federal government's own recognition that importers' commerce was suspended)
Grade: Primary source read
Days in this quarter: 72 (in force on the last day)

90 days from the date that the deposit would otherwise have been due... DATES: Effective date: April 20, 2020.

Enforcement: n/a (relief)

Citation: U.S. Customs and Border Protection and Department of the Treasury, Temporary Final Rule, Temporary Postponement of the Time to Deposit Certain Estimated Duties, Taxes, and Fees During the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 22349 (Apr. 22, 2020) (Apr. 20, 2020) (Ex. SEC-07-040) Open the exhibit

Ex. SEC-07-010

The Employment Situation, April 2020 (USDL-20-0815)

The Employment Situation, April 2020

Bureau of Labor Statistics, United States (Federal)

Dates: In force from May 8, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: WF; SF
Grade: Confirmed from a secondary source
Days in this quarter: 54 (in force on the last day)

Enforcement: n/a

Citation: Bureau of Labor Statistics, The Employment Situation, April 2020 (USDL-20-0815) (May 8, 2020) (Ex. SEC-07-010)

Ex. SEC-07-008

Advance Monthly Sales for Retail and Food Services, April 2020 (CB20-69)

Advance Monthly Sales for Retail and Food Services, April 2020

U.S. Census Bureau, United States (Federal)

Dates: In force from May 15, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: SF; CB
Grade: Primary source read
Days in this quarter: 47 (in force on the last day)

Due to recent events surrounding COVID-19, many businesses are operating on a limited capacity or have ceased operations completely.... April 2020 $403.9 billion -16.4%

Enforcement: n/a

Citation: U.S. Census Bureau, Advance Monthly Sales for Retail and Food Services, April 2020 (CB20-69) (May 15, 2020) (Ex. SEC-07-008) Open the exhibit

Ex. SEC-07-004

Guidance on the Essential Critical Infrastructure Workforce, Version 3.1

Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, Version 3.1

CISA, United States (Federal)

Dates: In force from May 19, 2020 to Aug. 18, 2020
Quarters: 2020 Q22020 Q3
Limitations: Other
Functions reached: SF; SC; ST
Grade: Primary source read
Days in this quarter: 43 (in force on the last day)

This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard.... Workers in retail facilities specializing in medical good and supplies... Workers supporting groceries, pharmacies, convenience stores, and other retail (including unattended and vending)

Enforcement: None

Citation: CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 3.1 (May 19, 2020) (Ex. SEC-07-004) 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-333

General Order 72-6

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

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

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

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

Enforcement: court order

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

Ex. FED-030

No Sail Order; Third Modification and Extension (Sept. 30, 2020)

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-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

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

Exhibit	Citation	Dates	Limitations
Ex. FED-192	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	In force from Apr. 16, 2020 to Sept. 30, 2020	Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-097	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	In force from Mar. 13, 2020 to Sept. 17, 2020	Business closureGathering capHealth care orders
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-390	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	In force from Mar. 17, 2020 to Oct. 22, 2020	Business closure
Ex. FED-391	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	In force from Mar. 23, 2020 to Sept. 30, 2020	Business closureCourts and public offices
Ex. FED-028	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)	Business closureTravel and quarantineEvents and venues
Ex. FED-157	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)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-393	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)	Business closure
Ex. FED-302	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	In force from May 22, 2020 to Sept. 30, 2021	Face-covering requirementCourts and public offices
Ex. FED-285	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	In force from June 1, 2020 to Oct. 1, 2021	Face-covering requirementCourts and public offices
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-287	United States Court of Appeals for the Eleventh Circuit, General Order No. 44 (entrance protocols; COVID-19) (Ex. FED-287)	Effective: 2020	Face-covering requirementCourts and public offices
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders

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

Regulators of Retail Trade

Ex. SEC-07-013

Executive Order No. 157 (2020)

Executive Order No. 157: consolidated requirements for retail establishments; indoor dining and other reopenings (indoor dining later paused by EO 158)

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from July 2, 2020 to Aug. 27, 2020 (issued June 26, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitFace-covering requirementWorkplace rules
Functions reached: SF; CU; WF; CB
Grade: Primary source read
Days in this quarter: 57

1. All retail establishments may open their premises to the public, whether that premises is indoors or outdoors, provided that they adopt policies that include, at minimum, the following requirements: a. Limit occupancy of any indoor premises to 50% of the stated maximum store capacity... c. Establish hours of operation, wherever possible, that reserve a designated period of access solely to high-risk individuals... l. Require workers and customers to wear cloth face coverings while in the indoor portion of the premises... and require workers to wear gloves

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

Citation: Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013) Open the exhibit

Ex. SEC-07-034

Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 45895 (July 30, 2020)

Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures Under Executive Order 13910 and Section 102 of the Defense Production Act of 1950

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

Dates: In force from July 23, 2020 to Jan. 19, 2021
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Supply chainOther
Functions reached: SF; CU; ST; SC
Grade: Primary source read
Days in this quarter: 70 (in force on the last day)

The March 25 Designation Notice would terminate 120 days from... the Secretary... extend[s]... for an additional 120 days... and terminates January 19, 2021 (as corrected)

Enforcement: 50 U.S.C. 4513

Citation: Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 45895 (July 30, 2020) (July 23, 2020) (Ex. SEC-07-034) Open the exhibit

Ex. SEC-07-005

Guidance on the Essential Critical Infrastructure Workforce, Version 4.0

Advisory Memorandum on Ensuring Essential Critical Infrastructure Workers' Ability to Work During the COVID-19 Response, Version 4.0

CISA, United States (Federal)

Dates: In force from Aug. 18, 2020 to Dec. 31, 2020
Quarters: 2020 Q32020 Q4
Limitations: Other
Functions reached: SF; SC; ST
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

This list is advisory in nature. It is not, nor should it be considered, a federal directive or standard.

Enforcement: None

Citation: CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 4.0 (Aug. 18, 2020) (Ex. SEC-07-005) Open the exhibit

Ex. SEC-07-032

Executive Order N-78-20

Executive Order N-78-20 (extension of price-gouging protections to March 4, 2021)

Governor Gavin Newsom, California (State)

Dates: In force from Sept. 4, 2020 to Mar. 4, 2021 (issued Sept. 3, 2020)
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Other
Functions reached: SF; CU; SC
Grade: Confirmed from a secondary source
Days in this quarter: 27 (in force on the last day)

(as recited in EO N-03-21) Executive Orders N-44-20 and N-78-20 have further implemented protections against price gouging

Enforcement: Penal Code 396

Citation: Governor Gavin Newsom, Executive Order N-78-20 (Sept. 3, 2020) (Ex. SEC-07-032) Open the exhibit

Continuing in force from an earlier quarter of this report (7 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-07-011	Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011)	In force from Apr. 10, 2020 to May 28, 2021 (issued Apr. 8, 2020)	Business closureCapacity limitFace-covering requirementWorkplace rules
Ex. SEC-07-017	Governor Tim Walz, Emergency Executive Order 20-56 (May 13, 2020) (Ex. SEC-07-017)	In force from May 17, 2020 to May 27, 2021 (issued May 13, 2020)	Capacity limitGathering capWorkplace rules
Ex. SEC-07-006	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020) (Mar. 25, 2020) (Ex. SEC-07-006)	In force from Mar. 25, 2020 to July 23, 2020	Supply chainOther
Ex. SEC-07-030	Governor Gavin Newsom, Executive Order N-44-20 (Apr. 3, 2020) (Ex. SEC-07-030)	In force from Apr. 3, 2020 to Sept. 4, 2020	Other
Ex. SEC-07-007	Occupational Safety and Health Administration, OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Apr. 8, 2020) (Ex. SEC-07-007)	In force from Apr. 8, 2020 to Sept. 30, 2021	Other
Ex. SEC-07-040	U.S. Customs and Border Protection and Department of the Treasury, Temporary Final Rule, Temporary Postponement of the Time to Deposit Certain Estimated Duties, Taxes, and Fees During the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 22349 (Apr. 22, 2020) (Apr. 20, 2020) (Ex. SEC-07-040)	In force from Apr. 20, 2020 to Sept. 30, 2020	Other
Ex. SEC-07-004	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 3.1 (May 19, 2020) (Ex. SEC-07-004)	In force from May 19, 2020 to Aug. 18, 2020	Other

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

Federal layer

Ex. FED-031

CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

Ex. FED-303

Standing Order 20-17

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

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

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

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

Enforcement: court order

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

Ex. FED-132

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

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

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

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

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

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

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

Ex. FED-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

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

Exhibit	Citation	Dates	Limitations
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-390	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	In force from Mar. 17, 2020 to Oct. 22, 2020	Business closure
Ex. FED-157	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)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-302	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	In force from May 22, 2020 to Sept. 30, 2021	Face-covering requirementCourts and public offices
Ex. FED-285	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	In force from June 1, 2020 to Oct. 1, 2021	Face-covering requirementCourts and public offices
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-030	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	In force from Sept. 30, 2020 to Oct. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-287	United States Court of Appeals for the Eleventh Circuit, General Order No. 44 (entrance protocols; COVID-19) (Ex. FED-287)	Effective: 2020	Face-covering requirementCourts and public offices
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-367	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	In force from Mar. 16, 2020 to Apr. 1, 2021	Other
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-265	Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)	In force from Mar. 19, 2020 to Dec. 31, 2020	Other
Ex. FED-292	Supreme 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, 2021	Courts and public offices
Ex. FED-381	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)	In force from Mar. 19, 2020 to Dec. 31, 2020	Other
Ex. FED-034	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)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-039	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)	In force from Mar. 20, 2020 to Oct. 13, 2020	Travel and quarantine

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

Regulators of Retail Trade

Ex. SEC-07-037

Director's Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio

Director of the Ohio Department of Health (Stephanie McCloud, at Governor DeWine's direction), Ohio (State)

Dates: In force from Nov. 16, 2020 to Dec. 23, 2020 (issued Nov. 13, 2020)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Business closureFace-covering requirementWorkplace rules
Functions reached: SF (no operation except in compliance; signage; enforcement duty); ST; WF; CB (masked entry)
Grade: Primary source read
Days in this quarter: 38

[No retail premises] shall be open for business or operate unless in compliance with this Order as well as all other [orders]... 2. Facial Covering (Mask) Requirement: All persons are required to wear a facial covering... ('Retail Premises')... post... at each of their Retail Premises requiring all persons entering to wear a facial covering... issuing a notice of violation requiring closure... Retail Compliance Unit... I hereby ORDER that all persons wear facial coverings in or on Retail Premises in the State of Ohio... effective at 12:01 a.m. on November 16, 2020

Enforcement: R.C. 3701.352, 3701.99 (second-degree misdemeanor); notice of violation requiring closure for up to 24 hours; Bureau of Workers' Compensation Retail Compliance Unit inspections

Citation: Director of the Ohio Department of Health (Stephanie McCloud, at Governor DeWine's direction), Director's Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio (Nov. 13, 2020) (Ex. SEC-07-037) Open the exhibit

Ex. SEC-07-035

Extension of Designation of Scarce Materials or Threatened Materials; Correction of Extension Date, 85 Fed. Reg. 83975 (Dec. 23, 2020)

Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Correction of Extension Date

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

Dates: In force from Dec. 23, 2020 to Jan. 19, 2021
Quarters: 2020 Q42021 Q1
Limitations: Supply chainOther
Functions reached: SF; CU; ST; SC
Grade: Primary source read
Days in this quarter: 9 (in force on the last day)

revising the last sentence in the Summary... Designation Notice to January 19, 2021. The expiration date, January 19, 2021...

Enforcement: 50 U.S.C. 4513

Citation: Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials; Correction of Extension Date, 85 Fed. Reg. 83975 (Dec. 23, 2020) (Ex. SEC-07-035) Open the exhibit

Ex. SEC-07-024

Guidance on the Essential Critical Infrastructure Workforce, Version 4.1

Advisory Memorandum on Ensuring Essential Critical Infrastructure Workers' Ability to Work During the COVID-19 Response, Version 4.1

CISA, United States (Federal)

Dates: In force from Aug. 5, 2021 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: SF; SC; ST; WF
Grade: Primary source read
Days in this quarter: 0

is advisory in nature. It is not, nor should it be considered, a federal directive or standard.

Enforcement: None

Citation: CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 4.1 (Aug. 5, 2021) (Ex. SEC-07-024) Open the exhibit

Continuing in force from an earlier quarter of this report (6 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-07-011	Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011)	In force from Apr. 10, 2020 to May 28, 2021 (issued Apr. 8, 2020)	Business closureCapacity limitFace-covering requirementWorkplace rules
Ex. SEC-07-013	Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013)	In force from July 2, 2020 to Aug. 27, 2020 (issued June 26, 2020)	Capacity limitFace-covering requirementWorkplace rules
Ex. SEC-07-007	Occupational Safety and Health Administration, OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Apr. 8, 2020) (Ex. SEC-07-007)	In force from Apr. 8, 2020 to Sept. 30, 2021	Other
Ex. SEC-07-034	Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 45895 (July 30, 2020) (July 23, 2020) (Ex. SEC-07-034)	In force from July 23, 2020 to Jan. 19, 2021	Supply chainOther
Ex. SEC-07-005	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 4.0 (Aug. 18, 2020) (Ex. SEC-07-005)	In force from Aug. 18, 2020 to Dec. 31, 2020	Other
Ex. SEC-07-032	Governor Gavin Newsom, Executive Order N-78-20 (Sept. 3, 2020) (Ex. SEC-07-032)	In force from Sept. 4, 2020 to Mar. 4, 2021 (issued Sept. 3, 2020)	Other

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

Federal layer

Ex. FED-270

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

Ex. FED-060

Executive Order 13991

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

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

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

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

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

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

Ex. FED-061

Executive Order 13998

Promoting COVID-19 Safety in Domestic and International Travel, 86 Fed. Reg. 7205 (Jan. 26, 2021)

President Joseph R. Biden, Jr., United States (domestic and international travel) (Federal)

Dates: In force from Jan. 21, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantine
Functions reached: WF commuting; TR business travel; OP conveyance and hub operators
Grade: Primary source read
Days in this quarter: 70 (in force on the last day)

Sec. 2. Immediate Action to Require Mask-Wearing on Certain Domestic Modes of Transportation. (a) Mask Requirement. The Secretary of Labor, the Secretary of Health and Human Services (HHS), the Secretary of Transportation (including through the Administrator of the Federal Aviation Administration (FAA)), the Secretary of Homeland Security (including through the Administrator of the Transportation Security Administration (TSA) and the Commandant of the United States Coast Guard), and the heads of any other executive departments and agencies (agencies) that have relevant regulatory authority (heads of agencies) shall immediately take action, to the extent appropriate and consistent with applicable law, to require masks to be worn in compliance with CDC guidelines in or on: (i) airports; (ii) commercial aircraft; (iii) trains; (iv) public maritime vessels, including ferries; (v) intercity…

Enforcement: Through the CDC order (criminal, 42 U.S.C. § 271) and TSA directives (civil)

Citation: President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061) Open the exhibit

Ex. FED-020

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

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

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

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

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

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

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

Ex. FED-050

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

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

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

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

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

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

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

Ex. FED-053

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

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

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

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

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

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

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

Ex. FED-054

Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)

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

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

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

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

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

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

Ex. FED-055

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

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

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

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

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

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

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

Ex. FED-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

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

Exhibit	Citation	Dates	Limitations
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-157	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)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-302	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	In force from May 22, 2020 to Sept. 30, 2021	Face-covering requirementCourts and public offices
Ex. FED-285	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	In force from June 1, 2020 to Oct. 1, 2021	Face-covering requirementCourts and public offices
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-303	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	In force from Nov. 25, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-287	United States Court of Appeals for the Eleventh Circuit, General Order No. 44 (entrance protocols; COVID-19) (Ex. FED-287)	Effective: 2020	Face-covering requirementCourts and public offices
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-367	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	In force from Mar. 16, 2020 to Apr. 1, 2021	Other
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-292	Supreme 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, 2021	Courts and public offices
Ex. FED-034	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)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-132	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)	In force from Mar. 20, 2020 to May 11, 2023	Emergency 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.

Regulators of Retail Trade

Ex. SEC-07-036

Extension of Designation of Scarce Materials or Threatened Materials; Extension of Effective Date With Modifications, 86 Fed. Reg. 7731 (Feb. 1, 2021)

Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With Modifications (hypodermic needles and syringes added)

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

Dates: In force from Feb. 1, 2021 to June 30, 2021
Quarters: 2021 Q12021 Q2
Limitations: Supply chainOther
Functions reached: SF; CU; ST; SC
Grade: Primary source read
Days in this quarter: 59 (in force on the last day)

This action took effect on February 1, 2021 and terminates on June 30, 2021... extend the March 25 Designation Notice, as modified by the June 30, 2020 and July 30, 2020 notices, through June 30, 2021... certain classes and sizes of hypodermic needles and syringes

Enforcement: 50 U.S.C. 4513

Citation: Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials; Extension of Effective Date With Modifications, 86 Fed. Reg. 7731 (Feb. 1, 2021) (Ex. SEC-07-036) Open the exhibit

Ex. SEC-07-042

Executive Order 14017, 86 Fed. Reg. 11849 (Mar. 1, 2021)

America's Supply Chains

President Joseph R. Biden, Jr., United States (Federal)

Dates: In force from Feb. 24, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: SC (context: the federal government's own finding of supply-chain disruption)
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

Within 100 days of the date of this order, the specified heads of agencies shall submit reports... the risks to America's supply chains

Enforcement: n/a

Citation: President Joseph R. Biden, Jr, Executive Order 14017, 86 Fed. Reg. 11849 (Mar. 1, 2021) (Feb. 24, 2021) (Ex. SEC-07-042) Open the exhibit

Ex. SEC-07-033

Executive Order N-03-21

Executive Order N-03-21 (extension of price-gouging protections through September 4, 2021)

Governor Gavin Newsom, California (State)

Dates: In force from Mar. 4, 2021 to Sept. 4, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: SF (retail price limits in force July 1-Sept. 4, 2021); CU; SC
Grade: Primary source read
Days in this quarter: 28 (in force on the last day)

the March 4, 2020 Proclamation of a State of Emergency triggered certain protections against price gouging set forth in Penal Code 396... (Executive Orders N-44-20 and N-78-20) have further implemented protections against price gouging... the time limitations set forth in Penal Code section 396, subdivision (b) (as set forth in Paragraph 4 of the March 4, 2020 Proclamation of a State of Emergency and Paragraph 1 of Executive Order N-44-20...)... remain in effect through September 4, 2021.

Enforcement: Penal Code 396

Citation: Governor Gavin Newsom, Executive Order N-03-21 (Mar. 4, 2021) (Ex. SEC-07-033) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-07-011	Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011)	In force from Apr. 10, 2020 to May 28, 2021 (issued Apr. 8, 2020)	Business closureCapacity limitFace-covering requirementWorkplace rules
Ex. SEC-07-013	Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013)	In force from July 2, 2020 to Aug. 27, 2020 (issued June 26, 2020)	Capacity limitFace-covering requirementWorkplace rules
Ex. SEC-07-037	Director of the Ohio Department of Health (Stephanie McCloud, at Governor DeWine's direction), Director's Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio (Nov. 13, 2020) (Ex. SEC-07-037)	In force from Nov. 16, 2020 to Dec. 23, 2020 (issued Nov. 13, 2020)	Business closureFace-covering requirementWorkplace rules
Ex. SEC-07-007	Occupational Safety and Health Administration, OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Apr. 8, 2020) (Ex. SEC-07-007)	In force from Apr. 8, 2020 to Sept. 30, 2021	Other
Ex. SEC-07-034	Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 45895 (July 30, 2020) (July 23, 2020) (Ex. SEC-07-034)	In force from July 23, 2020 to Jan. 19, 2021	Supply chainOther
Ex. SEC-07-032	Governor Gavin Newsom, Executive Order N-78-20 (Sept. 3, 2020) (Ex. SEC-07-032)	In force from Sept. 4, 2020 to Mar. 4, 2021 (issued Sept. 3, 2020)	Other
Ex. SEC-07-035	Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials; Correction of Extension Date, 85 Fed. Reg. 83975 (Dec. 23, 2020) (Ex. SEC-07-035)	In force from Dec. 23, 2020 to Jan. 19, 2021	Supply chainOther
Ex. SEC-07-024	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 4.1 (Aug. 5, 2021) (Ex. SEC-07-024)	In force from Aug. 5, 2021 to Sept. 30, 2021	Other

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

Federal layer

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-056

Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)

Ratification of Security Directives and Emergency Amendment, 86 Fed. Reg. 26825 (May 18, 2021)

Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, United States (Federal)

Dates: In force from Apr. 20, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantine
Functions reached: TR; OP airports and airlines
Grade: Primary source read
Days in this quarter: 72 (in force on the last day)

DHS is publishing official notification that the Transportation Security Oversight Board (TSOB) has ratified Transportation Security Administration (TSA) aviation security directives (SDs) applicable to airport and aircraft operators and an emergency amendment (EA) applicable to foreign air carriers requiring mask wearing at airports and onboard commercial aircraft to protect the safety and security of the traveling public, transportation workers, and the transportation system from the threat of COVID-19. DATES: The ratification was executed on April 20, 2021, and took effect on that date.

Enforcement: Confirms the legal force of FED-053 to FED-055 and their successors

Citation: Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056) Open the exhibit

Ex. FED-156

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

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

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

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

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

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

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

Ex. FED-032

Notice: Conditional Sailing Order Technical Instructions and Operations Manual

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

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

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

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

Enforcement: as for FED-031

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

Ex. FED-051

Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements

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

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

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

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

Enforcement: as for FED-050

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

Ex. FED-271

OMB Memorandum M-21-25

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

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

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

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

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

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

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

Exhibit	Citation	Dates	Limitations
Ex. FED-270	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	In force from Jan. 24, 2021 to June 10, 2021	Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-302	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	In force from May 22, 2020 to Sept. 30, 2021	Face-covering requirementCourts and public offices
Ex. FED-285	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	In force from June 1, 2020 to Oct. 1, 2021	Face-covering requirementCourts and public offices
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-061	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	In force from Jan. 21, 2021 to Sept. 30, 2021	Face-covering requirementTravel and quarantine
Ex. FED-020	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-050	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-053	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-054	Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-055	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-305	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	In force from Mar. 17, 2021 to June 1, 2021	Business closureCourts and public offices
Ex. FED-287	United States Court of Appeals for the Eleventh Circuit, General Order No. 44 (entrance protocols; COVID-19) (Ex. FED-287)	Effective: 2020	Face-covering requirementCourts and public offices
Ex. FED-008	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-292	Supreme 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, 2021	Courts and public offices
Ex. FED-034	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)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine

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

Regulators of Retail Trade

Ex. SEC-07-043

Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth: 100-Day Reviews under Executive Order 14017

Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth (June 2021)

The White House (interagency review under EO 14017), United States (Federal)

Dates: In force from June 8, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Other
Functions reached: SC (facts and circumstances: semiconductors, packaging, container and port disruption as found by the federal government)
Grade: Primary source read
Days in this quarter: 23 (in force on the last day)

BUILDING RESILIENT SUPPLY CHAINS, REVITALIZING AMERICAN MANUFACTURING, AND FOSTERING BROAD-BASED GROWTH... June 2021

Enforcement: n/a

Citation: The White House (interagency review under EO 14017), Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth: 100-Day Reviews under Executive Order 14017 (June 8, 2021) (Ex. SEC-07-043) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-07-011	Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011)	In force from Apr. 10, 2020 to May 28, 2021 (issued Apr. 8, 2020)	Business closureCapacity limitFace-covering requirementWorkplace rules
Ex. SEC-07-013	Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013)	In force from July 2, 2020 to Aug. 27, 2020 (issued June 26, 2020)	Capacity limitFace-covering requirementWorkplace rules
Ex. SEC-07-037	Director of the Ohio Department of Health (Stephanie McCloud, at Governor DeWine's direction), Director's Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio (Nov. 13, 2020) (Ex. SEC-07-037)	In force from Nov. 16, 2020 to Dec. 23, 2020 (issued Nov. 13, 2020)	Business closureFace-covering requirementWorkplace rules
Ex. SEC-07-007	Occupational Safety and Health Administration, OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Apr. 8, 2020) (Ex. SEC-07-007)	In force from Apr. 8, 2020 to Sept. 30, 2021	Other
Ex. SEC-07-036	Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials; Extension of Effective Date With Modifications, 86 Fed. Reg. 7731 (Feb. 1, 2021) (Ex. SEC-07-036)	In force from Feb. 1, 2021 to June 30, 2021	Supply chainOther
Ex. SEC-07-042	President Joseph R. Biden, Jr, Executive Order 14017, 86 Fed. Reg. 11849 (Mar. 1, 2021) (Feb. 24, 2021) (Ex. SEC-07-042)	In force from Feb. 24, 2021 to Sept. 30, 2021	Other
Ex. SEC-07-033	Governor Gavin Newsom, Executive Order N-03-21 (Mar. 4, 2021) (Ex. SEC-07-033)	In force from Mar. 4, 2021 to Sept. 4, 2021	Other
Ex. SEC-07-024	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 4.1 (Aug. 5, 2021) (Ex. SEC-07-024)	In force from Aug. 5, 2021 to Sept. 30, 2021	Other

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

Federal layer

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-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-299

Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses

In re: Coronavirus COVID-19 Public Emergency - Order Concerning Face Masks/Coverings in Public Areas of Courthouses (Third Amended, July 30, 2021)

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

Dates: In force from July 30, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementCourts and public offices
Functions reached: CT; CS
Grade: Primary source read
Days in this quarter: 63 (in force on the last day)

In response to revised CDC guidance, the court hereby amends its order regarding face coverings as follows. Mask Requirements: When required, as set forth in this order, a face covering or mask must always completely [cover the nose and mouth]... A visitor who seeks entry into the courthouse without a mask will be offered a free disposable mask at the security [screening station].

Enforcement: court order; court security officers

Citation: Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299) Open the exhibit

Ex. FED-052

Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements

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

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

Dates: In force from Sept. 14, 2021 to Jan. 18, 2022 (issued Aug. 20, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Functions reached: WF; OP; CB; TR
Grade: Primary source read
Days in this quarter: 17 (in force on the last day)

NUMBER SD 1582/84-21-01B... EFFECTIVE DATE September 14, 2021 EXPIRATION DATE January 18, 2022 CANCELS AND SUPERSEDES SD 1582/84-21-01A... The requirements in this SD must be applied to all persons in or on one of the conveyances or a transportation facility used by one of the modes identified above, including those already vaccinated.... B. Owner/Operators must require that individuals wear a mask, except as described in Sections D., E., or F., as follows: 1. Any persons in a public transportation, passenger railroad, or bus conveyance covered by this SD.

Enforcement: as for FED-050

Citation: Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052) Open the exhibit

Ex. FED-298

Amended General Order 21-0006 (Sept. 15, 2021)

In re: Amended Plan for the Safe Resumption of Jury Trials and Court Operations

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

Dates: In force from Sept. 20, 2021 to Sept. 30, 2021 (issued Sept. 15, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementCourts and public officesVaccination or testing
Functions reached: CT; HR
Grade: Primary source read
Days in this quarter: 11 (in force on the last day)

Due to the continued significant health risks generated by the COVID-19 pandemic, the Court has been required to restrict certain aspects of its operations, such as jury trials.... This Amended General Order supersedes the February 17, 2021 General Order in its entirety. It is, therefore, hereby ORDERED that effective Monday, September 20, 2021:... 4. Any individual whose participation in the courtroom during a jury trial will exceed two [hours must be vaccinated or tested]... 8. This Order does not supersede the requirement to wear a face mask within the Courthouse.

Enforcement: court order

Citation: Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298) Open the exhibit

Ex. FED-274

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

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

Safer Federal Workforce Task Force; approved by the Director of OMB, United States (covered federal contractors and subcontractors) (Federal)

Dates: In force from Oct. 15, 2021 to Dec. 7, 2021 (issued Sept. 24, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Functions reached: HR vaccination of covered contractor employees; PL staffing and service contractors at federal sites; OP contractor workplace masking and distancing; SC subcontractors performing services
Grade: Primary source read
Days in this quarter: 0

Enforcement: contract clause; OMB determination that compliance 'will improve economy and efficiency by reducing absenteeism and decreasing labor costs for contractors and subcontractors working on or in connection with a Federal Government contract'

Citation: Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. FED-080	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	In force from June 21, 2021 to Dec. 27, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-302	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	In force from May 22, 2020 to Sept. 30, 2021	Face-covering requirementCourts and public offices
Ex. FED-285	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	In force from June 1, 2020 to Oct. 1, 2021	Face-covering requirementCourts and public offices
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-061	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	In force from Jan. 21, 2021 to Sept. 30, 2021	Face-covering requirementTravel and quarantine
Ex. FED-020	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-056	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	In force from Apr. 20, 2021 to Sept. 30, 2021	Face-covering requirementTravel and quarantine
Ex. FED-156	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	In force from Apr. 27, 2021 to Nov. 12, 2021	Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-032	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	In force from May 5, 2021 to Sept. 30, 2021	Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-051	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	In force from May 12, 2021 to Sept. 13, 2021 (issued Apr. 30, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-271	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	In force from June 10, 2021 to Sept. 30, 2021	Telework mandateFace-covering requirementWorkplace rules
Ex. FED-008	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-292	Supreme 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, 2021	Courts and public offices
Ex. FED-034	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)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-132	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)	In force from Mar. 20, 2020 to May 11, 2023	Emergency declaration
Ex. FED-104	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)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-147	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)	In force from Mar. 22, 2020 to May 11, 2023	Emergency 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.

Regulators of Retail Trade

Ex. SEC-07-050

Reopening Safer at Work and in the Community for Control of COVID-19: Health Officer Order (revised July 17, 2021)

Health Officer Order requiring masks indoors in all public settings, venues, gatherings and businesses regardless of vaccination status

County of Los Angeles Health Officer (Muntu Davis, M.D.), Los Angeles County, California (County)

Dates: In force from July 17, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rules
Functions reached: SF; ST; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 76 (in force on the last day)

Enforcement: Cal. Health & Safety Code 120295; L.A. County Code 11.02.080

Citation: County of Los Angeles Health Officer (Muntu Davis, M.D.), Reopening Safer at Work and in the Community for Control of COVID-19: Health Officer Order (revised July 17, 2021) (Ex. SEC-07-050)

Ex. SEC-07-031

Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With Modifications, 86 Fed. Reg. 35810 (July 7, 2021)

Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures Under Executive Order 13910 and Section 102 of the Defense Production Act of 1950; Extension of Effective Date With Modifications

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

Dates: In force from July 1, 2021 to Nov. 15, 2021 (issued July 7, 2021)
Quarters: 2021 Q3
Limitations: Supply chainOther
Functions reached: SF (quantity and price limits on designated goods); CU; ST (accumulation limits); SC
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

DATES: This action took effect on July 1, 2021, and terminates on November 15, 2021.... the Secretary finds good cause to extend the March 25 Designation Notice, as modified by the June 30, 2020, July 30, 2020, and February 1, 2021 notices, through November 15, 2021.

Enforcement: 50 U.S.C. 4513; DOJ enforcement

Citation: Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With Modifications, 86 Fed. Reg. 35810 (July 7, 2021) (Ex. SEC-07-031) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-07-007	Occupational Safety and Health Administration, OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Apr. 8, 2020) (Ex. SEC-07-007)	In force from Apr. 8, 2020 to Sept. 30, 2021	Other
Ex. SEC-07-042	President Joseph R. Biden, Jr, Executive Order 14017, 86 Fed. Reg. 11849 (Mar. 1, 2021) (Feb. 24, 2021) (Ex. SEC-07-042)	In force from Feb. 24, 2021 to Sept. 30, 2021	Other
Ex. SEC-07-033	Governor Gavin Newsom, Executive Order N-03-21 (Mar. 4, 2021) (Ex. SEC-07-033)	In force from Mar. 4, 2021 to Sept. 4, 2021	Other
Ex. SEC-07-043	The White House (interagency review under EO 14017), Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth: 100-Day Reviews under Executive Order 14017 (June 8, 2021) (Ex. SEC-07-043)	In force from June 8, 2021 to Sept. 30, 2021	Other
Ex. SEC-07-024	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 4.1 (Aug. 5, 2021) (Ex. SEC-07-024)	In force from Aug. 5, 2021 to Sept. 30, 2021	Other

Third quarter of 2021: the instruments in force, Retail Trade (nationally)

In force during the third quarter of 2021 (an order in force on any day of the quarter is an order in force during it):

SEC-07-031 HHS Extension of Designation of Scarce Materials or Threatened Materials, 86 Fed. Reg. 35810 (July 7, 2021), effective July 1 through Nov. 15, 2021 (SF, CU, ST, SC: accumulation and resale limits on PPE, sanitizers, disinfectants, respirators, syringes)
FED-020 CDC conveyance mask order, 86 Fed. Reg. 8025, with FED-051 TSA SD 1582/84-21-01A (to Sept. 13) and FED-052 SD 1582/84-21-01B (Sept. 14, 2021 to Jan. 18, 2022) (WF: transit commute of store, stockroom and fulfillment staff; SC: multi-occupant commercial conveyances)
FED-233, FED-234, FED-235 (Canada) and FED-256, FED-257, FED-258 (Mexico) DHS land-border notifications of July 22, Aug. 23 and Sept. 22, 2021 (CB: cross-border shoppers; SC: buying trips and land freight escorts; MK)
FED-207 Proclamation 10143 and FED-208 Proclamation 10199 (entry suspensions to Nov. 8, 2021) (CB, SC, MK: inbound buyers, vendors, tourists)
AGY-FED-LABOR-IMMIGRATION-088 OSHA DIR 2021-03 Revised National Emphasis Program (eff. July 7, 2021) targeting NAICS 445110, 452210, 452311 (SF, ST, OP: enforcement posture, not itself an order limiting commerce)
FED-080 OSHA COVID-19 Healthcare ETS, 29 C.F.R. 1910.502 (June 21, 2021; compliance July 6 and 21) for in-store clinics and vaccination services not within the retail-pharmacy dispensing exception of 1910.502(a)(2) (SF, HR, WF)
FED-025 and FED-026 CDC eviction orders (to Aug. 26, 2021) (CB: customer base; ML: mixed-use landlords) and the New York commercial eviction stay (ch. 73 and 104 of 2021, to Aug. 31, 2021) and Washington evictions bridge (Proclamation 21-09, to Sept. 30, 2021) (ML)
AGY-USCG-PORTS-038 USCG MSIB 02-21 Change 3 (Sept. 2, 2021) and AGY-USCG-PORTS-052 FMC Fact Finding 29 Interim Recommendations (July 28, 2021) (SC: ports and ocean carriers)
Louisiana Proclamations 137, 167 and 181 JBE 2021 (Aug. 2, 2021 onward; indoor masks Aug. 4-Oct. 27, 2021) (SF, ST, WF)
Oregon OAR 333-019-1025 (Aug. 13, 2021; indoor masks; outdoor Aug. 27) and OAR 437-001-0744 (SF, ST, OP, WF)
New Mexico PHO June 30, 2021 (NM-060) and PHO Aug. 17, 2021 (universal indoor masks from Aug. 20; extended Sept. 15) (SF, ST, WF)
Washington Secretary of Health Order 20-03.3 (July 1-Aug. 22) and Order 20-03.4 with Proclamation 20-25.15 (Aug. 23, 2021; every business prohibited from admitting an unmasked customer) (WA-078, WA-080) (SF, ST, WF)
Illinois EO 2021-20 (Aug. 26, eff. Aug. 30, 2021) and EO 2021-22 (universal indoor face coverings in every store) (IL-042) (SF, ST, WF)
Nevada Directive 047 (July 27, eff. July 30, 2021) and Directive 045 sec. 5 (business duty) (SF, WF)
District of Columbia Mayor's Order 2021-097 (July 29, eff. 5:00 a.m. July 31, 2021) (DC-057) (SF, WF)
Hawaii Statewide Face Covering Requirement and EO 21-05 (Aug. 10, 2021) (SF, MK, WF); Safe Travels (CB)
California SPHO Order June 11, 2021 and CDPH face-covering rule for unvaccinated persons (CA-029, CA-035); Cal/OSHA ETS readopted June 17, 2021 (CA-024, CA-067); EO N-03-21 price-gouging protections to Sept. 4, 2021 (SEC-07-033); county universal mask orders: Los Angeles County (eff. 11:59 p.m. July 17, 2021), Sacramento and Yolo (July 30), San Francisco, Santa Clara, Alameda, Contra Costa, San Mateo, Marin, Sonoma (Aug. 3), others (metro files LA, SFO, SAC, SAN, RIV) (SF, ST, OP, WF)
New York 10 NYCRR Subpart 66-3 (to Aug. 27, 2021) (NY-133), 10 NYCRR 2.60 and the Commissioner's Determination on Indoor Masking (Aug. 27, 2021) (NY-071-B, NY-073), NY HERO Act plans (mandatory Aug. 5; activated Sept. 6, 2021), 10 NYCRR 2.13 isolation and quarantine; New York City Key to NYC EEO 225 (Aug. 16, 2021; MET-NYC) (SF, ST, OP, WF, CB)
Connecticut EO 12A (to Aug. 5) and EO 13A (Aug. 5, 2021; municipal universal indoor mask orders) (SF, WF)
Rhode Island RIDOH 216-RICR-50-15-7 (unvaccinated masks in establishments; entrance notices; civil penalties) to Aug. 31, 2021 (SF)
New Jersey EO 242 para. 18 municipal mask authority and EO 192 employee rules via EO 242/243; EO 251 school masks (SF, OP, WF)
Virginia DOLI 16VAC25-220 (permanent standard; amended eff. Sept. 8, 2021) (OP, ST, SF, WF)
County and city universal indoor mask orders reaching every retail premises: St. Louis City and County (July 26, 2021) and Kansas City (Aug. 2) (MET-STL, MET-KC); New Orleans (July 30) (MET-MSY); Philadelphia (Aug. 12) (MET-PHL); Shelby County, Tenn. (Aug. 20) (MET-BNA); Lincoln-Lancaster County (Aug. 26) (NE-080); Iowa City (Aug. 19) (IA file); Dane County (Aug. 19) (MET-MKE); Boston (Aug. 27) (MET-BOS); Birmingham EO 88-21 (AL file); Monroe County, Ind. (Aug. 5-Sept. 30) (IN file); Teton County, Wyo. (Aug. 26-Sept. 4) (WY file); Multnomah County (Aug. 9) (MET-PDX); Dallas, Harris, Bexar and Travis Counties (Aug. 11 onward, litigated under GA-38) (metro files)
School and child-care mask and quarantine orders of the 2021-22 year (WF) in Illinois (EO 2021-18, Aug. 4), Kentucky (EO 2021-585, Aug. 10), Delaware (Aug. 13), Pennsylvania (Sept. 7), Virginia (Aug. 12), Washington (20-09.4), California, Oregon, New Mexico, Louisiana, Nevada (Directive 048), Connecticut, New Jersey (EO 251), Rhode Island (EO 21-87), Maryland (COMAR 13A.01.07), Massachusetts (DESE Aug. 25), North Carolina (S.L. 2021-130), Hawaii, the District and others (ECO-B and State files)
Continuing State emergencies (predicate only, Notice 2021-20 Q&A-10) in at least 40 jurisdictions on July 1, 2021 and in TX, IL, IN, KY, NY (EO 4 from Sept. 27), CA, WA, OR, NM, NV, HI, LA, RI, CT, NJ, DE (PHE), GA (Economic Recovery), AR (EO 21-14), MO (to Aug. 27), MS, WV, ID, AZ, IA, NC and others through Sept. 30, 2021

6. The industry's regime in the States

No State was selected. The industry's State-by-State regime table is on the industry page at covidproject.com/industries/retail.

7. Group meetings, trade shows and seasons the industry lost

The organizers' own notices of the trade shows, conventions, seasons and tournaments this industry lost in the quarters selected, with the reason each organizer gave. A cancelled meeting is a limitation on group meetings in the statute's words, and it reached the industry's customer base and its sales calendar.

Date	Organizer	Event	Exhibit
Feb. 3, 2020	The Toy Association, Inc.	Organizer notice	Ex. SEC-07-GM-020
Mar. 5, 2020	International Housewares Association (IHA)	Organizer notice	Ex. SEC-07-GM-007
Mar. 6, 2020	Ace Hardware Corporation	Organizer notice	Ex. SEC-07-GM-021
Mar. 12, 2020	High Point Market Authority (HPMA); showrooms owned by IMC and others	Organizer notice	Ex. SEC-07-GM-006
Mar. 17, 2020	International Market Centers (IMC)	Organizer notice	Ex. SEC-07-GM-045
Mar. 20, 2020	Informa Markets (Global Licensing Group)	Organizer notice	Ex. SEC-07-GM-049
Mar. 26, 2020	High Point Market Authority (HPMA); showrooms owned by IMC and others	Organizer notice	Ex. SEC-07-GM-003
Apr. 1, 2020	State and city governments with the Army Corps of Engineers and FEMA	Organizer notice	Ex. SEC-07-GM-037
Apr. 2, 2020	Emerald X, LLC (Outdoor Retailer)	Organizer notice	Ex. SEC-07-GM-014
Apr. 16, 2020	High Point Market Authority (HPMA); showrooms owned by IMC and others	Organizer notice	Ex. SEC-07-GM-002
Apr. 17, 2020	American Pet Products Association and Pet Industry Distributors Association	Organizer notice	Ex. SEC-07-GM-018
May 13, 2020	National Confectioners Association	Organizer notice	Ex. SEC-07-GM-012
May 22, 2020	Minnesota State Agricultural Society	Organizer notice	Ex. SEC-07-GM-051
June 1, 2020	Ace Hardware Corporation	Organizer notice	Ex. SEC-07-GM-022
June 16, 2020	Informa Markets Fashion	Organizer notice	Ex. SEC-07-GM-036
June 29, 2020	True Value Company	Organizer notice	Ex. SEC-07-GM-026
July 1, 2020	Emerald X, LLC	Organizer notice	Ex. SEC-07-GM-015
July 1, 2020	Eastern States Exposition	Organizer notice	Ex. SEC-07-GM-057
July 9, 2020	National Retail Federation	Organizer notice	Ex. SEC-07-GM-001
July 15, 2020	International Market Centers (IMC)	Organizer notice	Ex. SEC-07-GM-046
July 16, 2020	International Market Centers (IMC)	Organizer notice	Ex. SEC-07-GM-056
July 28, 2020	Consumer Technology Association	Organizer notice	Ex. SEC-07-GM-032
Aug. 3, 2020	International Housewares Association (IHA)	Organizer notice	Ex. SEC-07-GM-008
Aug. 6, 2020	Specialty Equipment Market Association; Auto Care Association and MEMA (AAPEX)	Organizer notice	Ex. SEC-07-GM-033
Aug. 10, 2020	National Association of Music Merchants (NAMM)	Organizer notice	Ex. SEC-07-GM-040
Aug. 11, 2020	International Market Centers (IMC; now ANDMORE)	Organizer notice	Ex. SEC-07-GM-004
Aug. 12, 2020	National Kitchen & Bath Association with Emerald X	Organizer notice	Ex. SEC-07-GM-042
Aug. 19, 2020	Dallas Market Center	Organizer notice	Ex. SEC-07-GM-035
Aug. 20, 2020	Emerald X, LLC (Outdoor Retailer)	Organizer notice	Ex. SEC-07-GM-054
Aug. 27, 2020	RX (Reed Exhibitions) / Reed Jewelry Group	Organizer notice	Ex. SEC-07-GM-034
Sept. 14, 2020	Macy's, Inc.	Organizer notice	Ex. SEC-07-GM-039
Sept. 18, 2020	International Housewares Association (IHA)	Organizer notice	Ex. SEC-07-GM-038
Sept. 28, 2020	Reed Exhibitions (RX)	Organizer notice	Ex. SEC-07-GM-016
Oct. 27, 2020	The Toy Association, Inc.	Organizer notice	Ex. SEC-07-GM-050
Oct. 30, 2020	National Shooting Sports Foundation (NSSF)	Organizer notice	Ex. SEC-07-GM-010
Nov. 2, 2020	Orgill, Inc.	Organizer notice	Ex. SEC-07-GM-025
Nov. 10, 2020	Ace Hardware Corporation	Organizer notice	Ex. SEC-07-GM-023
Nov. 30, 2020	National Shooting Sports Foundation (NSSF)	Organizer notice	Ex. SEC-07-GM-011
Dec. 15, 2020	Emerald X, LLC	Organizer notice	Ex. SEC-07-GM-005
Dec. 15, 2020	Informa Markets Fashion	Organizer notice	Ex. SEC-07-GM-028
Jan. 5, 2021	International Housewares Association (IHA)	Organizer notice	Ex. SEC-07-GM-009
Jan. 14, 2021	North American Hardware and Paint Association (NHPA) and industry partners	Organizer notice	Ex. SEC-07-GM-052
Jan. 19, 2021	International Market Centers (IMC)	Organizer notice	Ex. SEC-07-GM-047
Jan. 22, 2021	American Pet Products Association and Pet Industry Distributors Association	Organizer notice	Ex. SEC-07-GM-053
Feb. 25, 2021	Tobacco Media Group	Organizer notice	Ex. SEC-07-GM-041
May 1, 2021	Informa Markets Fashion	Organizer notice	Ex. SEC-07-GM-030
June 24, 2021	International Market Centers (IMC)	Organizer notice	Ex. SEC-07-GM-048
Aug. 25, 2021	Informa Markets Fashion	Organizer notice	Ex. SEC-07-GM-029
Sept. 27, 2021	Ace Hardware Corporation	Organizer notice	Ex. SEC-07-GM-024
Oct. 4, 2021	Do it Best Corp.	Organizer notice	Ex. SEC-07-GM-027
Oct. 5, 2021	National Association of Convenience Stores (NACS)	Organizer notice	Ex. SEC-07-GM-044
Oct. 14, 2021	The Toy Association, Inc.	Organizer notice	Ex. SEC-07-GM-055
	National Grocers Association	Organizer notice	Ex. SEC-07-GM-017
	Shoptalk (Hyve Group)	Organizer notice	Ex. SEC-07-GM-019
	Informa Markets Fashion	Organizer notice	Ex. SEC-07-GM-031
	National Association of Convenience Stores (NACS)	Organizer notice	Ex. SEC-07-GM-043

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

This section applies the five-step test of section 3 to a business of the industry Retail Trade 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 201 instruments in force for this selection: 22 instruments from the regulators of Retail Trade (Governor Gretchen Whitmer, Executive Order 2020-42 (Apr. 9, 2020) (Ex. SEC-07-022); Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011); Governor Tim Walz, Emergency Executive Order 20-48 (Apr. 30, 2020) (Ex. SEC-07-016); and 19 more) and 179 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); 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); 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); and 176 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Retail industry, as the Library records them: sales floor (SF; Ex. SEC-07-022, Ex. SEC-07-011, Ex. SEC-07-016, Ex. SEC-07-015 and 16 more); curbside and online fulfillment (CU; Ex. SEC-07-022, Ex. SEC-07-016, Ex. SEC-07-015, Ex. SEC-07-029 and 6 more); receiving, stockroom and warehouse (ST; Ex. SEC-07-022, Ex. SEC-07-011, Ex. SEC-07-023, Ex. SEC-07-006 and 4 more); supply chain and imports (SC; Ex. SEC-07-006, Ex. SEC-07-002, Ex. SEC-07-030, Ex. SEC-07-003 and 3 more); malls and landlords under closure orders (ML; Ex. SEC-07-029, Ex. SEC-07-020, Ex. SEC-07-018, Ex. SEC-07-019 and 2 more); promotions and events (MK; Ex. SEC-07-022, Ex. SEC-07-020, Ex. SEC-07-019, Ex. SEC-07-021); hiring, screening, training and credentialing (HR; Ex. SEC-07-007); office, administration and telework (OP; Ex. SEC-07-023); workforce availability (WF; Ex. SEC-07-022, Ex. SEC-07-011, Ex. SEC-07-016, Ex. SEC-07-015 and 9 more); the customer base (CB; Ex. SEC-07-022, Ex. SEC-07-011, Ex. SEC-07-016, Ex. SEC-07-015 and 8 more).

Step three, the change compelled. Governor Gretchen Whitmer, Executive Order 2020-42 (Apr. 9, 2020) (Ex. SEC-07-022) ordered: "1. This order must be construed broadly to prohibit in-person work that is not necessary to sustain or protect life.... d. For stores of more than 50,000 square feet: 1. Limit the number of customers in the store at one time (excluding employees) to 4 people per 1,000 square feet of customer floor…" Enforcement: MCL 10.33, 30.405(3) (misdemeanor) Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011) ordered: "1. Where an essential retail business is permitted to maintain in-person operations... a. Limit occupancy at 50% of the stated maximum store capacity... require... cloth face coverings... [and] gloves" Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense) Governor Tim Walz, Emergency Executive Order 20-48 (Apr. 30, 2020) (Ex. SEC-07-016) ordered: "Beginning on Sunday, May 3, 2020 at 11:59 pm through Sunday, May 17, 2020 at 11:59 pm, all persons currently living within the State of Minnesota are ordered to stay at home... vii. Pick up retail products from establishments offering curbside pickup... Retail businesses... strongly encouraged to…" Enforcement: Minn. Stat. 12.45 (misdemeanor); business penalties under para. on enforcement The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Mar. 13, 2020 to June 30, 2020, 110 days. Executive Order 2020-42 (Ex. SEC-07-022) was in force from Apr. 9, 2020 to Apr. 24, 2020, 16 of the quarter's 110 days; Executive Order No. 122 (2020) (Ex. SEC-07-011) was in force from Apr. 10, 2020 to May 28, 2021, 82 of the quarter's 110 days; Emergency Executive Order 20-48 (Ex. SEC-07-016) was in force from May 3, 2020 to May 17, 2020, 15 of the quarter's 110 days. Of the 22 instruments in the quarter's record, 0 were in force on its first day, 10 on its last day and 0 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Retail industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the third quarter of 2020 the Library holds 174 instruments in force for this selection: 11 instruments from the regulators of Retail Trade (Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011); Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013); Governor Tim Walz, Emergency Executive Order 20-56 (May 13, 2020) (Ex. SEC-07-017); and 8 more) and 163 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); 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); 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); and 160 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Retail industry, as the Library records them: sales floor (SF; Ex. SEC-07-011, Ex. SEC-07-013, Ex. SEC-07-017, Ex. SEC-07-006 and 6 more); curbside and online fulfillment (CU; Ex. SEC-07-013, Ex. SEC-07-006, Ex. SEC-07-030, Ex. SEC-07-007 and 2 more); receiving, stockroom and warehouse (ST; Ex. SEC-07-011, Ex. SEC-07-006, Ex. SEC-07-007, Ex. SEC-07-004 and 2 more); supply chain and imports (SC; Ex. SEC-07-006, Ex. SEC-07-030, Ex. SEC-07-040, Ex. SEC-07-004 and 3 more); malls and landlords under closure orders (ML; Ex. SEC-07-017); hiring, screening, training and credentialing (HR; Ex. SEC-07-007); workforce availability (WF; Ex. SEC-07-011, Ex. SEC-07-013, Ex. SEC-07-017); the customer base (CB; Ex. SEC-07-011, Ex. SEC-07-013, Ex. SEC-07-017).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011) ordered: "1. Where an essential retail business is permitted to maintain in-person operations... a. Limit occupancy at 50% of the stated maximum store capacity... require... cloth face coverings... [and] gloves" Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense) Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013) ordered: "1. All retail establishments may open their premises to the public, whether that premises is indoors or outdoors, provided that they adopt policies that include, at minimum, the following requirements: a. Limit occupancy of any indoor premises to 50% of the stated maximum store capacity... c.…" Enforcement: N.J.S.A. App. A:9-49, -50 Governor Tim Walz, Emergency Executive Order 20-56 (May 13, 2020) (Ex. SEC-07-017) ordered: "store occupancy must not exceed 50 percent of the normal occupant capacity as determined by the fire marshal. In customer facing businesses that share common areas, such as malls, all Plans must similarly include a facility occupancy that must not exceed 50 percent of the normal occupant capacity as…" Enforcement: Minn. Stat. 12.45 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. 122 (2020) (Ex. SEC-07-011) was in force from Apr. 10, 2020 to May 28, 2021, 92 of the quarter's 92 days; Executive Order No. 157 (2020) (Ex. SEC-07-013) was in force from July 2, 2020 to Aug. 27, 2020, 57 of the quarter's 92 days; Emergency Executive Order 20-56 (Ex. SEC-07-017) was in force from May 17, 2020 to May 27, 2021, 92 of the quarter's 92 days. Of the 11 instruments in the quarter's record, 7 were in force on its first day, 7 on its last day and 4 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Retail industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the fourth quarter of 2020 the Library holds 169 instruments in force for this selection: 9 instruments from the regulators of Retail Trade (Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011); Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013); Director of the Ohio Department of Health (Stephanie McCloud, at Governor DeWine's direction), Director's Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio (Nov. 13, 2020) (Ex. SEC-07-037); and 6 more) and 160 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); Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390); and 157 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Retail industry, as the Library records them: sales floor (SF; Ex. SEC-07-011, Ex. SEC-07-013, Ex. SEC-07-037, Ex. SEC-07-007 and 5 more); curbside and online fulfillment (CU; Ex. SEC-07-013, Ex. SEC-07-007, Ex. SEC-07-034, Ex. SEC-07-032 and 1 more); receiving, stockroom and warehouse (ST; Ex. SEC-07-011, Ex. SEC-07-037, Ex. SEC-07-007, Ex. SEC-07-034 and 3 more); supply chain and imports (SC; Ex. SEC-07-034, Ex. SEC-07-005, Ex. SEC-07-032, Ex. SEC-07-035 and 1 more); hiring, screening, training and credentialing (HR; Ex. SEC-07-007); workforce availability (WF; Ex. SEC-07-011, Ex. SEC-07-013, Ex. SEC-07-037, Ex. SEC-07-024); the customer base (CB; Ex. SEC-07-011, Ex. SEC-07-013, Ex. SEC-07-037).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011) ordered: "1. Where an essential retail business is permitted to maintain in-person operations... a. Limit occupancy at 50% of the stated maximum store capacity... require... cloth face coverings... [and] gloves" Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense) Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013) ordered: "1. All retail establishments may open their premises to the public, whether that premises is indoors or outdoors, provided that they adopt policies that include, at minimum, the following requirements: a. Limit occupancy of any indoor premises to 50% of the stated maximum store capacity... c.…" Enforcement: N.J.S.A. App. A:9-49, -50 Director of the Ohio Department of Health (Stephanie McCloud, at Governor DeWine's direction), Director's Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio (Nov. 13, 2020) (Ex. SEC-07-037) ordered: "[No retail premises] shall be open for business or operate unless in compliance with this Order as well as all other [orders]... 2. Facial Covering (Mask) Requirement: All persons are required to wear a facial covering... ('Retail Premises')... post... at each of their Retail Premises requiring all…" Enforcement: R.C. 3701.352, 3701.99 (second-degree misdemeanor); notice of violation requiring closure for up to 24 hours; Bureau of Workers' Compensation Retail Compliance… 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. 122 (2020) (Ex. SEC-07-011) was in force from Apr. 10, 2020 to May 28, 2021, 92 of the quarter's 92 days; Director's Order for Retail and Business Compliance for Facial Coverings throughout the… (Ex. SEC-07-037) was in force from Nov. 16, 2020 to Dec. 23, 2020, 38 of the quarter's 92 days; OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Ex. SEC-07-007) was in force from Apr. 8, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 9 instruments in the quarter's record, 5 were in force on its first day, 6 on its last day and 5 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Retail industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the fourth quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the first quarter of 2021 the Library holds 186 instruments in force for this selection: 11 instruments from the regulators of Retail Trade (Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011); Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013); Director of the Ohio Department of Health (Stephanie McCloud, at Governor DeWine's direction), Director's Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio (Nov. 13, 2020) (Ex. SEC-07-037); and 8 more) and 175 federal instruments (Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); 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 172 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Retail industry, as the Library records them: sales floor (SF; Ex. SEC-07-011, Ex. SEC-07-013, Ex. SEC-07-037, Ex. SEC-07-007 and 6 more); curbside and online fulfillment (CU; Ex. SEC-07-013, Ex. SEC-07-007, Ex. SEC-07-034, Ex. SEC-07-032 and 3 more); receiving, stockroom and warehouse (ST; Ex. SEC-07-011, Ex. SEC-07-037, Ex. SEC-07-007, Ex. SEC-07-034 and 3 more); supply chain and imports (SC; Ex. SEC-07-034, Ex. SEC-07-032, Ex. SEC-07-035, Ex. SEC-07-036 and 3 more); hiring, screening, training and credentialing (HR; Ex. SEC-07-007); workforce availability (WF; Ex. SEC-07-011, Ex. SEC-07-013, Ex. SEC-07-037, Ex. SEC-07-024); the customer base (CB; Ex. SEC-07-011, Ex. SEC-07-013, Ex. SEC-07-037).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011) ordered: "1. Where an essential retail business is permitted to maintain in-person operations... a. Limit occupancy at 50% of the stated maximum store capacity... require... cloth face coverings... [and] gloves" Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense) Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013) ordered: "1. All retail establishments may open their premises to the public, whether that premises is indoors or outdoors, provided that they adopt policies that include, at minimum, the following requirements: a. Limit occupancy of any indoor premises to 50% of the stated maximum store capacity... c.…" Enforcement: N.J.S.A. App. A:9-49, -50 Director of the Ohio Department of Health (Stephanie McCloud, at Governor DeWine's direction), Director's Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio (Nov. 13, 2020) (Ex. SEC-07-037) ordered: "[No retail premises] shall be open for business or operate unless in compliance with this Order as well as all other [orders]... 2. Facial Covering (Mask) Requirement: All persons are required to wear a facial covering... ('Retail Premises')... post... at each of their Retail Premises requiring all…" Enforcement: R.C. 3701.352, 3701.99 (second-degree misdemeanor); notice of violation requiring closure for up to 24 hours; Bureau of Workers' Compensation Retail Compliance… 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. 122 (2020) (Ex. SEC-07-011) was in force from Apr. 10, 2020 to May 28, 2021, 90 of the quarter's 90 days; OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Ex. SEC-07-007) was in force from Apr. 8, 2020 to Sept. 30, 2021, 90 of the quarter's 90 days; Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19… (Ex. SEC-07-034) was in force from July 23, 2020 to Jan. 19, 2021, 19 of the quarter's 90 days. Of the 11 instruments in the quarter's record, 5 were in force on its first day, 5 on its last day and 2 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Retail industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the first quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the second quarter of 2021 the Library holds 174 instruments in force for this selection: 9 instruments from the regulators of Retail Trade (Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011); Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013); Director of the Ohio Department of Health (Stephanie McCloud, at Governor DeWine's direction), Director's Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio (Nov. 13, 2020) (Ex. SEC-07-037); and 6 more) and 165 federal instruments (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); 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); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); and 162 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Retail industry, as the Library records them: sales floor (SF; Ex. SEC-07-011, Ex. SEC-07-013, Ex. SEC-07-037, Ex. SEC-07-007 and 3 more); curbside and online fulfillment (CU; Ex. SEC-07-013, Ex. SEC-07-007, Ex. SEC-07-036, Ex. SEC-07-033); receiving, stockroom and warehouse (ST; Ex. SEC-07-011, Ex. SEC-07-037, Ex. SEC-07-007, Ex. SEC-07-036 and 1 more); supply chain and imports (SC; Ex. SEC-07-036, Ex. SEC-07-042, Ex. SEC-07-033, Ex. SEC-07-043 and 1 more); hiring, screening, training and credentialing (HR; Ex. SEC-07-007); workforce availability (WF; Ex. SEC-07-011, Ex. SEC-07-013, Ex. SEC-07-037, Ex. SEC-07-024); the customer base (CB; Ex. SEC-07-011, Ex. SEC-07-013, Ex. SEC-07-037).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011) ordered: "1. Where an essential retail business is permitted to maintain in-person operations... a. Limit occupancy at 50% of the stated maximum store capacity... require... cloth face coverings... [and] gloves" Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense) Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013) ordered: "1. All retail establishments may open their premises to the public, whether that premises is indoors or outdoors, provided that they adopt policies that include, at minimum, the following requirements: a. Limit occupancy of any indoor premises to 50% of the stated maximum store capacity... c.…" Enforcement: N.J.S.A. App. A:9-49, -50 Director of the Ohio Department of Health (Stephanie McCloud, at Governor DeWine's direction), Director's Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio (Nov. 13, 2020) (Ex. SEC-07-037) ordered: "[No retail premises] shall be open for business or operate unless in compliance with this Order as well as all other [orders]... 2. Facial Covering (Mask) Requirement: All persons are required to wear a facial covering... ('Retail Premises')... post... at each of their Retail Premises requiring all…" Enforcement: R.C. 3701.352, 3701.99 (second-degree misdemeanor); notice of violation requiring closure for up to 24 hours; Bureau of Workers' Compensation Retail Compliance… 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. 122 (2020) (Ex. SEC-07-011) was in force from Apr. 10, 2020 to May 28, 2021, 58 of the quarter's 91 days; OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Ex. SEC-07-007) was in force from Apr. 8, 2020 to Sept. 30, 2021, 91 of the quarter's 91 days; Extension of Designation of Scarce Materials or Threatened Materials; Extension of… (Ex. SEC-07-036) was in force from Feb. 1, 2021 to June 30, 2021, 91 of the quarter's 91 days. Of the 9 instruments in the quarter's record, 5 were in force on its first day, 5 on its last day and 4 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Retail industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the third quarter of 2021 the Library holds 174 instruments in force for this selection: 7 instruments from the regulators of Retail Trade (County of Los Angeles Health Officer (Muntu Davis, M.D.), Reopening Safer at Work and in the Community for Control of COVID-19: Health Officer Order (revised July 17, 2021) (Ex. SEC-07-050); Occupational Safety and Health Administration, OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Apr. 8, 2020) (Ex. SEC-07-007); President Joseph R. Biden, Jr, Executive Order 14017, 86 Fed. Reg. 11849 (Mar. 1, 2021) (Feb. 24, 2021) (Ex. SEC-07-042); and 4 more) and 167 federal instruments (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); Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); and 164 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Retail industry, as the Library records them: sales floor (SF; Ex. SEC-07-050, Ex. SEC-07-007, Ex. SEC-07-033, Ex. SEC-07-031 and 1 more); curbside and online fulfillment (CU; Ex. SEC-07-007, Ex. SEC-07-033, Ex. SEC-07-031); receiving, stockroom and warehouse (ST; Ex. SEC-07-050, Ex. SEC-07-007, Ex. SEC-07-031, Ex. SEC-07-024); supply chain and imports (SC; Ex. SEC-07-042, Ex. SEC-07-033, Ex. SEC-07-043, Ex. SEC-07-031 and 1 more); hiring, screening, training and credentialing (HR; Ex. SEC-07-007); workforce availability (WF; Ex. SEC-07-050, Ex. SEC-07-024); the customer base (CB; Ex. SEC-07-050).

Step three, the change compelled. Occupational Safety and Health Administration, OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Apr. 8, 2020) (Ex. SEC-07-007) ordered: "Take the following steps to reduce the risk of exposure to the coronavirus for workers in the retail industry (e.g., supermarkets, and big box stores): Provide and have all workers wear face coverings... Use a drive-through window or curbside pick-up. Implement physical distancing practices in all…" Enforcement: Guidance; OSHA general-duty-clause citations and the National Emphasis Program (DIR 2021-01, 2021-03) are the enforcement posture President Joseph R. Biden, Jr, Executive Order 14017, 86 Fed. Reg. 11849 (Mar. 1, 2021) (Feb. 24, 2021) (Ex. SEC-07-042) ordered: "Within 100 days of the date of this order, the specified heads of agencies shall submit reports... the risks to America's supply chains" Enforcement: n/a Governor Gavin Newsom, Executive Order N-03-21 (Mar. 4, 2021) (Ex. SEC-07-033) ordered: "the March 4, 2020 Proclamation of a State of Emergency triggered certain protections against price gouging set forth in Penal Code 396... (Executive Orders N-44-20 and N-78-20) have further implemented protections against price gouging... the time limitations set forth in Penal Code section 396…" Enforcement: Penal Code 396 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. Reopening Safer at Work and in the Community for Control of COVID-19: Health Officer Order… (Ex. SEC-07-050) was in force from July 17, 2021 to Sept. 30, 2021, 76 of the quarter's 92 days; OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Ex. SEC-07-007) was in force from Apr. 8, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Executive Order 14017, 86 Fed. Reg. 11849 (Mar. 1, 2021) (Ex. SEC-07-042) was in force from Feb. 24, 2021 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 7 instruments in the quarter's record, 5 were in force on its first day, 6 on its last day and 4 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Retail industry; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

9. The Service's sentences, answered for Retail Trade

The Service's letters and examination reports rest on fourteen grounds. Each is answered below from the statute's text, from Tri-State, from the instruments with their exhibit identifiers, and from the United States' own representations to two federal courts. None survives the record, and several are contradicted by the Notice on which the Service relies.

Each sentence below is stated in the Service's general vocabulary and answered from the industry analysis; the full answer, with its footnotes, is on the ground page linked beneath it.

Sentence 1: 1. "There were no government orders related to COVID-19 in effect during the quarter which could have fully or partially suspended your trade or business."

There were no government orders related to COVID-19 in effect during the quarter which could have fully or partially suspended your trade or business.

For every quarter, the six-quarters section lists the orders in force on the quarter's first and last day, by issuer, date and terms, with exhibit identifiers, and the tables on this page tabulate them. For the second quarter of 2020 the list runs to the closure orders of forty-three jurisdictions and the caps, curbside orders and mall closures of all fifty-one; for the third quarter of 2021 alone it runs to the federal designation, conveyance, entry, border, workplace and eviction orders, Hawaii's entire regime, the statewide face-covering reinstatements of seven jurisdictions (airborne-transmission controls with the business as enforcer), the unvaccinated-patron masking and verification rules of seven jurisdictions (California, New York, Connecticut, Rhode Island and, until their universal orders, Washington, New Mexico and Nevada), the face-covering orders of more than forty cities and counties, the vaccination-proof orders of four cities, the workplace standards of five States and the school, quarantine and court orders of more than twenty. A form sentence that no orders were in effect is not the "case-by-case" determination "under the facts and circumstances" the United States described to the District Court; by the National Taxpayer Advocate's account the letters that carry it issued from "a risk-scoring analytic process" and not from an examination. The sentence describes a quarter that did not occur, and the Service's records, whatever they contain, do not contain the Federal Register, the State registers or the county codes.

The instruments that make the sentence factually incorrect for this industry may be taken from any of the six quarters. The Governor of New Jersey ordered on March 21, 2020 that "the brick-and-mortar premises of all non-essential retail businesses must close to the public" at 9:00 p.m. that day and that every indoor mall close with them, an order that stood for in-store retail until June 15, 2020 (Ex. NJ-020) and, for the malls, until EO 157 ¶ 1, operative on its issuance June 26, 2020, permitted every retail premises, indoor or outdoor, to open at 50 percent under consolidated exposure-control conditions (Exs. SEC-07-013, NJ-026). The Governor of New York ordered on March 20, 2020 that "[e]ach employer shall reduce the in-person workforce at any work locations by 100% no later than March 22 at 8 p.m.," and the State's Empire State Development guidance permitted a non-essential retailer only "delivery for orders placed remotely ... provided, however, that only one employee is physically present at the business location." The Governor of Michigan ordered on April 9, 2020 that every open store over 50,000 square feet admit no more than "4 people per 1,000 square feet of customer floor space," that it "[c]lose areas of the store ... dedicated to ... [c]arpet or flooring ... [f]urniture ... [g]arden centers and plant nurseries ... [p]aint," and that it cease "the advertising or promotion of goods that are not groceries, medical supplies, or items that are necessary to maintain the safety, sanitation, and basic operation of residences." The Director of the Ohio Department of Health ordered on November 13, 2020, effective 12:01 a.m. November 16, 2020 and in force to June 2, 2021, that no retail premises "shall be open for business or operate unless in compliance" with the facial-covering and distancing conditions of the order, workplace infection-prevention and exposure-control requirements of which the customer's face covering was one, created a Retail Compliance Unit to inspect them, and provided for a notice of violation "requiring closure" of the store. The Secretary of Health and Human Services, exercising the President's Defense Production Act authority, forbade any person to accumulate designated respirators, masks, gloves, sanitizers and disinfectants "in excess of the reasonable demands of business, personal, or home consumption" or "for the purpose of resale at prices in excess of prevailing market prices," from March 25, 2020, and on July 7, 2021 extended that designation with effect from July 1, 2021 through November 15, 2021, so that a federal order limiting commerce in identified retail goods was in force on every day of the third quarter of 2021. In that same quarter the Los Angeles County Health Officer ordered on July 16, 2021, effective 11:59 p.m. July 17, that "this Order reinstates masking by all, regardless of vaccination status" in every indoor public setting including every store, one of the airborne-transmission controls the County placed on every indoor workplace beside the employer, event, school and quarantine conditions of the same order; the Governor of Illinois ordered on August 26, 2021 that "[b]eginning on Monday, August 30, 2021, all individuals in Illinois who are age two or over ... shall be required to cover their nose and mouth with a face covering when in an indoor public place," restated on September 3 with the employer's duty to enforce the requirement on its staff; and the Secretary of Health of Washington ordered on August 19, 2021, effective August 23, that "[e]very person in Washington State must wear a face covering ... when they are in a place where any person from outside their household is present," with the Governor's companion proclamation placing the duty of admission on the business and the duty to mask every employee at the worksite on the employer. The Service's position is not a close call on a contested record. It is factually incorrect. It describes a period, March 2020 through September 2021, that did not occur. The position that an employer operating a retail store in the United States between March 2020 and September 2021 was subject to no governmental order limiting its operations cannot be squared with the Federal Register, the State registers or the county codes, and this analysis declines to treat it as a serious account of the period.

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

Sentence 2: 2. "The employer operated an essential business and remained open."

The employer operated an essential business and remained open.

The word "essential" is not in the statute. The essential-services designations permitted a grocery, pharmacy, hardware or general-merchandise store to open its door; they exempted no store from the occupancy caps, per-square-foot limits, one-adult-per-household rules, department closures, hours, masked-entry duties, compliance inspections, quantity and price limits or workplace standards that the same orders imposed on it. Michigan's EO 2020-42 is the text: the essential store over 50,000 square feet was open, and it was open to four customers per 1,000 square feet, with its carpet, furniture, garden and paint departments cordoned and its advertising of everything else barred; Kentucky's life-sustaining store was open to one adult per household; Missouri's open store was capped at 10 or 25 percent; Ohio's open retailer could "be open for business or operate" only "in compliance," on pain of a closure notice; every open retailer of designated goods held them under a federal quantity-and-price order from March 25, 2020 to November 15, 2021. The Notice itself provides that an employer so designated "may be considered to have a partial suspension of operations if, under the facts and circumstances, more than a nominal portion of its business operations are suspended by a governmental order," that "an essential business that is permitted to continue its operations may, nonetheless, be considered to have a partial suspension of its operations if a governmental order requires the business to close for a period of time during normal working hours," and that a compelled modification "is considered to be a partial suspension"; and the United States told the District Court that an employer "could be considered to have a partial suspension due to the governmental order if it was required to suspend certain operations for certain purposes." The Service's own answer to its essential-business question has changed with each publication: the "more than a nominal portion" pathway entered FAQ 30 only on June 19, 2020; the Notice of March 1, 2021 attached a ten percent deeming rule to it; and Publication 5887 now rewrites the clause as "shut down due to a government order," a sentence Congress did not write. A gloss that has changed three times in the Service's hands is not the statute, and no version of it has the force of law; the statute asks whether the operation was partially suspended due to orders, and every open retailer named above was. The designation was a permission to operate under the orders, not an exemption from them; an employer that "remained open" under an order that fixed how open it could be was partially suspended by that order.

Read the full answer to sentence 2 and the record behind it →

Sentence 3: 3. "Stay-at-home orders directed to the public are not considered; only orders directed at business operations count."

Stay-at-home orders directed to the public are not considered; only orders directed at business operations count.

The statute says nothing of the source or addressee of the order; it asks whether the order limited "commerce, travel, or group meetings." The Notice's own list of qualifying orders includes "A State's emergency proclamation that residents must shelter in place for a specified period" and "An order from a local official imposing a curfew on residents that impacts the operating hours of a trade or business," both addressed to the public, and the United States quoted that list to the District Court as the statute's meaning and told the Ninth Circuit that a business "may be suspended 'due to' a government order addressing a third party." The orders that reached this industry were, moreover, directed at business operations in terms: "the brick-and-mortar premises of all non-essential retail businesses must close to the public"; "Each employer shall reduce the in-person workforce at any work locations by 100%"; no retailer "shall be open for business or operate unless in compliance"; "If any such business cannot adhere to the 10 patron limit ... it must close." And the stay-at-home order on the retailer's customers was itself an order limiting the retailer's commerce: the commerce a store transacts is the commerce of the residents the order confined. The position rewrites the statute, contradicts the Notice's own example, and misdescribes the orders.

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

Sentence 4: 4. "The employer could have continued comparable operations through telework."

The employer could have continued comparable operations through telework.

"Comparable operations," "telework" and "curbside" are not in the statute; Tri-State defines a partial suspension as a temporary delay, interruption or termination of a portion of the business, and a sales floor ordered closed while the website ran has had its in-person portion terminated for the duration of the order. The Notice's own words confirm it, and for this industry they confirm it by name. Q&A-17's Example 3 provides that where "Employer G, a retail business, must close its retail storefront locations due to a governmental order" and "the retailer's online ordering and fulfillment system is unaffected by the governmental order," Employer G's operations "are considered to have been partially suspended due to the governmental order requiring it to close its retail storefront locations"; Example 6 provides that "Employer J, a large retailer," permitted only "curbside service to pick up items ordered online or by phone," is "partially suspended due to the governmental order requiring it to close its storefront location"; Q&A-20's Example provides that "Employer L," a national retail chain closed to customers in some jurisdictions but permitted curbside, "has a partial suspension of operations of its trade or business" and is "an eligible employer nationwide." Q&A-15's second paragraph provides that where "the closure of the workplace causes the employer to suspend business operations for certain purposes, but not others, it may be considered to have a partial suspension"; Q&A-16(3) provides that where the physical work space is so critical that central tasks cannot be performed remotely "this factor alone indicates that the employer is not able to continue comparable operations." A store's floor is that work space; the customer who browses, tries, queues and pays in person cannot be served from a website, which is why e-commerce was 11.3 percent of retail sales before the closures and why the Notice's own examples treat the closed storefront as a partial suspension without asking what the website did. The comparable-operations sentence with which Q&A-15 opens is not in the statute, appeared in this form only on March 1, 2021, has no force of law by the United States' own account, and is not applied here. The position substitutes words Congress did not write for the ones it did, and it contradicts the three retail examples in the Service's own Notice.

Read the full answer to sentence 4 and the record behind it →

Sentence 5: 5. "The orders affected the employer's customers, not the employer (Q&A-13)."

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

Q&A-13 addresses an employer that "responds to the lack of demand by suspending some or all of its operations." This analysis relies on no response to demand. It relies on orders that closed the sales floor, capped it, cordoned it, curfewed it, placed it under exposure controls the retailer enforced at its door, rationed its goods, closed its mall, closed its suppliers' plants, closed its borders and closed its workforce's schools, and it treats those orders as orders limiting commerce, travel and group meetings under the statute's text, under Q&A-12's logic and under the United States' admission that a third-party order counts. Where Q&A-13 would exclude an order confining the customer base, it adds to the statute words the United States has represented have no force of law; a stay-at-home order on the customer base is an order limiting commerce, travel and group meetings in terms, and the commerce it limited was the retailer's. Q&A-13's own example describes "a governmental order that limits travel and requires members of the community to stay at home," which is a description of an order within the clause, not outside it. As posted April 29, 2020, the customer exclusion was confined to "an essential business that is not required to close its physical locations or otherwise suspend its operations" and to a suspension claimed "for the sole reason" of the customers' order; the Notice extended it to every employer and to any "reduction in demand" on March 1, 2021, eight months after the second quarter of 2020 had closed and after every 2020 quarter had closed. The position describes an employer this analysis does not address, and the rule it invokes cannot be reconciled with Q&A-10, Q&A-12 or the United States' brief.

Read the full answer to sentence 5 and the record behind it →

Sentence 6: 6. "The employer's measures were voluntary (Q&A-14)."

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

A door closed because EO 107 closed it, a floor capped at four customers per 1,000 square feet because EO 2020-42 capped it, a department cordoned because the same order cordoned it, a customer masked because a Governor's proclamation or a county health officer's order required the retailer to refuse the unmasked, a store shut at 10:00 p.m. because a Director's curfew shut it, and a stock of sanitizer held below a federal ceiling because a Federal Register notice fixed the ceiling are not voluntary. Q&A-14 by its own terms reaches only a suspension "not due to a governmental order"; every modification relied on here is traced to an order with an exhibit identifier. Where a chain adopted a nationwide policy to comply with the orders of the jurisdictions that bound it, Q&A-20 makes it eligible "with respect to all of its operations in all locations ... whether or not the employer voluntarily adopts consistent measures for its business operations in other jurisdictions." Tri-State answered the same argument for a hospital: the changes "were not voluntary," and "the required protocols and procedures to comply with the Proclamation" were the order's doing. A modification traced to an order with an exhibit identifier is not voluntary, and the position that it was describes an employer this analysis does not address.

The United States and the District Court have defined the employer Q&A-14 excludes as one "not being ordered to do so." No retailer in the eight States whose standing duties are set out above answered that description in any of the six quarters. The reopening orders permitted the sales floor to open only on conditions with the force of law, the occupancy a store "shall operate at no more than" and the policies every employer "shall develop, establish and implement" (Exs. TX-021, AZ-019), with the emergency act's penalty behind each (Exs. DUT-TX-012, DUT-AZ-007). The standing statutes commanded the same conduct independently: "Each person shall act responsibly to prevent and control communicable disease" (Ex. DUT-TX-001); "[e]ach employer shall" provide "a place of employment that is reasonably safe and healthful" (Ex. DUT-TX-013); and every employer in every State owed "employment and a place of employment which are free from recognized hazards," enforced by citation from September 2020 (Exs. DUT-FED-001, LAW-487). The legislatures then fixed the standard of care as compliance with governmental standards, guidance and protocols (Exs. DUT-TX-015, DUT-AZ-010, DUT-MI-015, DUT-FL-012). The safe-workplace statute had no COVID-19 content until the health authorities said what a safe workplace required; the measures were taken because those directives defined the duty and would not have been taken without them. "Due to" is but-for causation, and the causation runs from the command to the measure without an intervening choice; an owner's later description of compliance as a choice is not an element of the test and not evidence of the counterfactual, and compliance under threat of penalty is compliance whether or not the actor calls it a choice. The Notice's own words confirm it: a modification "required by a governmental order as a condition of reopening" is a partial suspension due to the order. A statute that commands conduct is an order from an appropriate governmental authority, and the Service's premise, that no command reached the employer, fails wherever a command did; here a command reached every retailer in every State on every day of the six quarters.

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

Sentence 7: 7. "The portion of the business affected was not more than nominal (the 10 percent figure applied as a floor)."

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

The ten percent figure is, in the United States' words, "not determinative," "[e]ffectively ... a safe harbor," "not an eligibility requirement," "a quintessential safe harbor," "a safe harbor rather than a hard floor"; the District Court held it "is not an exclusionary cut-off point" and "subject to rebuttal"; and Tri-State held that the Notice "provides a method for the test to be met not as a requirement to meet the test" and that reading it as a requirement "would read requirements into the statute that do not exist." The figure did not exist in the Service's guidance until March 1, 2021; the FAQs of April 29, 2020 contained no "nominal" test and no percentage, and "more than a nominal" first appeared June 19, 2020. The Service's FAQ page nonetheless tells every taxpayer that "[t]he IRS considers 'more than nominal' to be at least 10% of your business," and Chief Counsel's memorandum of October 18, 2023 instructs that an employer "needs to substantiate ... a reduction ... of not less than 10 percent to fall within the provisions of Notice 2021-20," in the same year the United States told the District Court the figure "isn't an eligibility requirement." The United States cannot describe the figure as an optional safe harbor when the Notice is challenged and administer it as a floor when a claim is examined. The showing for this industry exceeds the safe harbor many times over as a matter of the orders' own terms: a sales floor closed to the public is the whole of the in-store portion; a floor capped at 25 percent is a 75 percent limit on admission; a floor open to four customers per 1,000 square feet in a 100,000-square-foot store is a limit of 400 persons in a building certified for thousands; a garden department cordoned is that department; a 10:00 p.m. curfew is every evening hour; and e-commerce was one-ninth of the industry before the closures. The position applies as a floor a figure the United States has told two federal courts is not one, and it applies it to a record that clears it by any measure.

Read the full answer to sentence 7 and the record behind it →

Sentence 8: 8. "The required modifications (masks, gloves, spacing, screening) had only a nominal effect on operations (Q&A-18)."

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

The modifications relied on here are closure, curbside-only sale, capped admission, cordoned departments, curfews, compliance inspections with a closure sanction, rationed goods, fixed prices, warehouse closures, telework, and, in the third quarter of 2021, masked entry with a retailer's duty to enforce, a business's duty not to admit the unmasked, a verification-or-attestation duty and a vaccination check at the tenant's door. Q&A-18 itself lists "limiting occupancy to provide for social distancing, requiring services to be performed only on an appointment basis ..., changing the format of service ..., or requiring employees and customers to wear face coverings" as modifications "required by a governmental order as a condition of reopening a physical space for business or service to the public," and provides that a modification "that results in a reduction in an employer's ability to provide goods or services in the normal course of the employer's business of not less than 10 percent will be deemed to have more than a nominal effect." Q&A-18's sentence about "an occupancy restriction at a retailer with sufficient physical space to accommodate its customers regardless of the restriction," and Example 6's retailer whose storefront "is large enough that it is able to accommodate all of its customers after these short waits," describe a stipulated store on which the cap never binds; they do not describe a store capped at four customers per 1,000 square feet, at 20 or 25 percent, at one customer per 100 square feet, at ten patrons or at one adult per household, a store whose departments were cordoned, a store closed at 10:00 p.m., or a store whose right to be open turned on a compliance inspection, and they do not describe the holiday season. The masks-and-aisles sentence at the end of Q&A-18 first appeared on March 1, 2021, states a factual conclusion as a rule with no record, has no force of law by the United States' own account, and yields to Q&A-18's own first paragraph and to the statute: an order that conditions every customer's entry on a face covering the retailer must enforce, one of the workplace infection-prevention and exposure-control requirements the order attaches to the door, limits commerce at that door. Every instrument relied on in the six-quarters section, moreover, arrived as one condition among several on the same floor, and the United States' own position in the District Court is that "employees having to wear face masks may impact business operations" and that "orders that were otherwise directed at business operations (operational hours, space, etc.) would also be considered." Tri-State held that "the required protocols and procedures to comply with the Proclamation" were suspensions the order caused and refused the argument that they were nominal. A store at 25 percent occupancy is not a modification with a nominal effect; it is a 75 percent closure, and the Service's own Notice deems it more than nominal.

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

Sentence 9: 9. "A declaration of emergency is not an order (Q&A-10)."

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

This analysis relies on no bare declaration as a suspending order. Each instrument in the layers and six-quarters sections limited commerce, travel or group meetings in terms, and each carried a sanction. Where an emergency declaration is cited, it is cited as the instrument under which those orders were issued and continued, or as the record that every level of government treated the emergency as continuing on every day of the six quarters, which the Notice's own text allows: a declaration that "limits commerce, travel, or group meetings" is an order, and the declarations of Hawaii, Louisiana, Illinois, New Mexico and the District did exactly that. The ground answers an argument this analysis does not make.

Read the full answer to sentence 9 and the record behind it →

Sentence 10: 10. "The supplier was not itself closed by order; supply-chain effects are too attenuated (AM 2023-005)."

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

Chief Counsel memoranda "may not be used or cited as precedent," by their own legend, which Tri-State quoted in declining to rely on the Chief Counsel advice the United States offered there. The suppliers of this industry were closed or capped by order with a date and an exhibit identifier: Michigan's plants from March 24 to May 11, 2020; Pennsylvania's durable-goods manufacturing and non-food warehousing from March 19, 2020; New York's from March 22; New Jersey's from April 10; Washington's from March 25; the meat and poultry plants under a Defense Production Act priority order from April 28, 2020; and the goods themselves under a federal allocation and anti-hoarding order from March 25, 2020 to November 15, 2021 and an export bar from April 7, 2020 to June 30, 2021. Nothing here is attenuated. The United States told the Ninth Circuit that the supplier rule "never even mentions a 'physical[ ] clos[ure]' order against the supplier," and told the District Court that an employer is eligible where its operations are suspended "because of the supplier's inability to deliver"; Q&A-12's words contain no "narrow, limited exception," no requirement that any order apply to the employer, and no requirement that the employer possess the supplier's order, and Q&A-70's substantiation list asks for "any governmental order to suspend the employer's business operations" and the records "the employer relied upon," not for a document from the supplier's files. Causation is but-for on the United States' own agreed definition: absent the order closing the plant, no law kept the goods off the truck. The position describes an attenuated chain this analysis does not rely on, and a Chief Counsel memorandum that cannot be cited as precedent is not the statute.

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

Sentence 11: 11. "The orders had lifted before the quarter began; any effect was a lingering effect."

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

For the third quarter of 2021 the orders had not lifted: subpart B of the third-quarter section lists, with dates, the orders in force on July 1 and September 30, 2021, and the paragraph that closes that section names the expired instruments on which the proof does not rest. Where the position means that a suspension compelled by an order that expired between March 10 and July 1, 2021 ended at midnight on the day of expiry, it misreads the clause, which asks whether the operation "is fully or partially suspended during the calendar quarter," not whether an order was in effect during it; it contradicts Tri-State's definition of a suspension as a "delay"; and it contradicts the Notice's own Q&A-22 (a suspension during part of a quarter is eligibility for the whole quarter) and Q&A-16(4) (a transition period follows a compelled change). The orders' own phase steps fix the restoration period for this industry: fourteen to fifteen months from closure to the last capacity step in New Jersey, New York, Pennsylvania, California, Washington, New Mexico, Michigan, Ohio, Illinois and Massachusetts, with the last step falling between May 19 and July 1, 2021 and the third quarter beginning within days or weeks of it. The position mistakes the date an order lapsed for the date the suspension it compelled ended; the clause asks about the second.

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

Sentence 12: 12. "The employer did not experience the required decline in gross receipts."

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

The gross-receipts prong is not relied on. The statute makes an employer eligible on either prong, joined by "or"; the United States admitted in Tri-State that the gross-receipts test is "another method to qualify," and the court held that "the fact an employer can be eligible and affected without partial or full suspension is reasonable" and that the plain reading of the suspension prong "does not make the Gross Receipts Test superfluous." Congress placed its numerical thresholds in the gross-receipts prong alone and wrote none into the Suspension Clause. The suspension prong asks about operations, not revenue, and it is satisfied in every quarter. The ground answers a prong this analysis does not invoke.

Read the full answer to sentence 12 and the record behind it →

Sentence 13: 13. "The instruments relied on are guidance, recommendations or best practices, not orders."

The instruments relied on are guidance, recommendations or best practices, not orders.

Every instrument this analysis relies on as a suspending order is an executive order, proclamation, public health order, administrative rule, regulation, statute, ordinance or court order with the force of law, issued under a recited statutory or constitutional power and enforced by fine, misdemeanor, closure, license, contempt or contract: a Governor's executive order under a State emergency act (Exs. NJ-004, NY-002, MI-011, TX-008); a State health director's order under Ohio Revised Code § 3701.13 (Ex. SEC-07-037); a Secretary of Health's order under the Washington Public Health Code (Ex. WA-078); a rule filed in the Oregon Administrative Rules with a civil penalty of $500 a day (Ex. OR-048); a county health officer's order under the California Health and Safety Code (Ex. MET-LA-018); a city ordinance (Ex. MET-KC-002); a Federal Register notice enforced criminally under the Defense Production Act (Ex. SEC-07-031); a CDC order whose violation "constitutes a violation of Federal law" (Ex. FED-020); a presidential proclamation under 8 U.S.C. § 1182(f) (Ex. FED-207). Where a State made a federal guidance document binding by incorporating it into an order, as Texas GA-14 did with CISA Version 2.0 and as California's June 11, 2021 order did with the Department of Public Health's face-covering guidance, the binding instrument is the order, and it is the order that is cited; the CISA lists, OSHA's Alert 3996 and the CDC's retail considerations are described in this analysis as guidance and ground no finding. The Notice itself provides that whether an instrument is a governmental order "is determined without regard to the level of enforcement." An instrument enforced by fine, closure, misdemeanor or criminal prosecution is not a recommendation, and the position that it is misdescribes every instrument this analysis names.

Read the full answer to sentence 13 and the record behind it →

Sentence 14: 14. "'Order' must be given its ordinary meaning."

'Order' must be given its ordinary meaning.

Agreed. An "order" is "[a]n authoritative indication to be obeyed; a command or direction," and the Service's own Chief Counsel defines it as "a command or mandate delivered by a government official"; the United States agreed in Tri-State that the clause is read by "plain meaning." Every instrument in the findings of the six-quarters section is a command from a competent authority to do or refrain from doing something on pain of sanction: close the door; admit no more than four per 1,000 square feet; cordon the department; close at 10:00 p.m.; refuse the unmasked; hold no more than the reasonable demands of business; do not cross for non-essential purposes; wear a mask on the bus. That is the ordinary meaning, and it is satisfied.

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

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

10. Exhibit list

Every instrument cited in this report, by exhibit identifier: 380 records, of which The COVID Project holds the document for 362. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-FED-LABOR-IMMIGRATION-088	OSHA Direction DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19), effective July 7, 2021 (full directive text)	Assistant Secretary of Labor for Occupational Safety and Health	July 7, 2021	Assistant Secretary of Labor for Occupational Safety and Health, OSHA Direction DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19), effective July 7, 2021 (full directive text) (Ex. AGY-FED-LABOR-IMMIGRATION-088)	/library/AGY-FED-LABOR-IMMIGRATION-088	/exhibit/AGY-FED-LABOR-IMMIGRATION-088
Ex. AGY-USCG-PORTS-038	MSIB 02-21 (Change 3)	Commandant, U.S. Coast Guard, Inspections and Compliance Directorate	Sept. 2, 2021	Commandant, U.S. Coast Guard, Inspections and Compliance Directorate, MSIB 02-21 (Change 3) (Sept. 2, 2021) (Ex. AGY-USCG-PORTS-038)	/library/AGY-USCG-PORTS-038	/exhibit/AGY-USCG-PORTS-038
Ex. AGY-USCG-PORTS-052	Fact Finding Investigation No. 29, Interim Recommendations (presented July 28, 2021)	Commissioner Rebecca F. Dye, Fact Finding Officer, Federal Maritime Commission	July 28, 2021	Commissioner Rebecca F. Dye, Fact Finding Officer, Federal Maritime Commission, Fact Finding Investigation No. 29, Interim Recommendations (presented July 28, 2021) (Ex. AGY-USCG-PORTS-052)	/library/AGY-USCG-PORTS-052	/exhibit/AGY-USCG-PORTS-052
Ex. AZ-019	Executive Order 2020-36	Governor Douglas A. Ducey	May 12, 2020	Governor Douglas A. Ducey, Executive Order 2020-36 (May 12, 2020) (Ex. AZ-019)	/library/AZ-019	/exhibit/AZ-019
Ex. CA-024	COVID-19 Prevention Emergency Temporary Standards as readopted, 8 C.C.R. secs. 3205-3205.4	Occupational Safety and Health Standards Board (Cal/OSHA)	June 17, 2021	Occupational Safety and Health Standards Board (Cal/OSHA), COVID-19 Prevention Emergency Temporary Standards as readopted, 8 C.C.R. secs. 3205-3205.4 (June 17, 2021) (Ex. CA-024)	/library/CA-024	/exhibit/CA-024
Ex. CA-029	State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint)	State Public Health Officer Tomas J. Aragon	June 11, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint) (Ex. CA-029)	/library/CA-029	/exhibit/CA-029
Ex. CA-035	Guidance for the Use of Face Coverings (July 28, 2021)	California Department of Public Health	July 28, 2021	California Department of Public Health, Guidance for the Use of Face Coverings (July 28, 2021) (Ex. CA-035)	/library/CA-035	/exhibit/CA-035
Ex. CA-067	Executive Order N-09-21	Governor Gavin Newsom	June 17, 2021	Governor Gavin Newsom, Executive Order N-09-21 (June 17, 2021) (Ex. CA-067)	/library/CA-067	/exhibit/CA-067
Ex. DC-057	Mayor's Order 2021-097	Mayor Muriel Bowser	July 29, 2021	Mayor Muriel Bowser, Mayor's Order 2021-097 (July 29, 2021) (Ex. DC-057)	/library/DC-057	/exhibit/DC-057
Ex. DUT-AZ-007	Statute	Arizona Legislature (Arizona Revised Statutes, title 26, ch. 2, art. 1)	standing	Arizona Legislature (Arizona Revised Statutes, title 26, ch. 2, art. 1), Statute (standing) (Ex. DUT-AZ-007)	/library/DUT-AZ-007	/exhibit/DUT-AZ-007
Ex. DUT-AZ-010	Session law (Senate Bill 1377), adding A.R.S. §§ 12-515 and 12-516	Arizona Legislature (Fifty-fifth Legislature, First Regular Session); approved by Governor Douglas A. Ducey	standing	Arizona Legislature (Fifty-fifth Legislature, First Regular Session); approved by Governor Douglas A. Ducey, Session law (Senate Bill 1377), adding A.R.S. §§ 12-515 and 12-516 (standing) (Ex. DUT-AZ-010)	/library/DUT-AZ-010	/exhibit/DUT-AZ-010
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. DUT-FL-012	Chapter 2021-1, Laws of Florida (SB 72), § 1, creating Fla. Stat. § 768.38	Florida Legislature (SB 72), approved by Governor Ron DeSantis	standing	Florida Legislature (SB 72), approved by Governor Ron DeSantis, Chapter 2021-1, Laws of Florida (SB 72), § 1, creating Fla. Stat. § 768.38 (standing) (Ex. DUT-FL-012)	/library/DUT-FL-012	/exhibit/DUT-FL-012
Ex. DUT-MI-015	2020 PA 237 (MCL 408.1085), employer immunity for employee exposure to COVID-19 conditioned on compliance with all COVID-19 statutes, rules, regulations…	Michigan Legislature (Enrolled House Bill 6031, 2020 PA 237, approved and filed Oct. 22, 2020)	standing	Michigan Legislature (Enrolled House Bill 6031, 2020 PA 237, approved and filed Oct. 22, 2020), 2020 PA 237 (MCL 408.1085), employer immunity for employee exposure to COVID-19 conditioned on compliance with all COVID-19 statutes, rules, regulations, executive orders and agency orders (standing) (Ex. DUT-MI-015)	/library/DUT-MI-015	/exhibit/DUT-MI-015
Ex. DUT-TX-001	Tex. Health & Safety Code § 81.002	Texas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act)	standing	Texas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act), Tex. Health & Safety Code § 81.002 (standing) (Ex. DUT-TX-001)	/library/DUT-TX-001	/exhibit/DUT-TX-001
Ex. DUT-TX-012	Tex. Gov't Code § 418.173	Texas Legislature (Government Code ch. 418)	standing	Texas Legislature (Government Code ch. 418), Tex. Gov't Code § 418.173 (standing) (Ex. DUT-TX-012)	/library/DUT-TX-012	/exhibit/DUT-TX-012
Ex. DUT-TX-013	Tex. Labor Code § 411.103	Texas Legislature (Labor Code ch. 411, Workers' Health and Safety, Subchapter H, General Requirements Relating to Occupational Health and Safety)	standing	Texas Legislature (Labor Code ch. 411, Workers' Health and Safety, Subchapter H, General Requirements Relating to Occupational Health and Safety), Tex. Labor Code § 411.103 (standing) (Ex. DUT-TX-013)	/library/DUT-TX-013	/exhibit/DUT-TX-013
Ex. DUT-TX-015	Tex. Civ. Prac. & Rem. Code § 148.003	Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6)	standing	Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6), Tex. Civ. Prac. & Rem. Code § 148.003 (standing) (Ex. DUT-TX-015)	/library/DUT-TX-015	/exhibit/DUT-TX-015
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-002	Notice of February 24, 2021	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)	/library/FED-002	/exhibit/FED-002
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-011	Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)	Alex M. Azar II, Secretary of HHS	Apr. 21, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)	/library/FED-011	/exhibit/FED-011
Ex. FED-012	Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)	Alex M. Azar II, Secretary of HHS	July 23, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)	/library/FED-012	/exhibit/FED-012
Ex. FED-013	Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)	Alex M. Azar II, Secretary of HHS	Oct. 2, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)	/library/FED-013	/exhibit/FED-013
Ex. FED-014	Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)	Alex M. Azar II, Secretary of HHS	Jan. 7, 2021	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)	/library/FED-014	/exhibit/FED-014
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-022	CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)	Sept. 1, 2020	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)	/library/FED-022	/exhibit/FED-022
Ex. FED-023	CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)	Centers for Disease Control and Prevention, HHS	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)	/library/FED-023	/exhibit/FED-023
Ex. FED-024	CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)	Centers for Disease Control and Prevention, HHS	Mar. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)	/library/FED-024	/exhibit/FED-024
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-027	CDC No Sail Order and Suspension of Further Embarkation	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 14, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	/library/FED-027	/exhibit/FED-027
Ex. FED-028	No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)	Centers for Disease Control and Prevention, HHS	Apr. 9, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	/library/FED-028	/exhibit/FED-028
Ex. FED-029	No Sail Order; Second Modification and Extension (July 16, 2020)	Centers for Disease Control and Prevention, HHS	July 16, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)	/library/FED-029	/exhibit/FED-029
Ex. FED-030	No Sail Order; Third Modification and Extension (Sept. 30, 2020)	Centers for Disease Control and Prevention, HHS	Sept. 30, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	/library/FED-030	/exhibit/FED-030
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-036	Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)	Centers for Disease Control and Prevention, HHS	May 19, 2020	Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)	/library/FED-036	/exhibit/FED-036
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-039	Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…	Centers for Disease Control and Prevention, HHS	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)	/library/FED-039	/exhibit/FED-039
Ex. FED-040	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom	Centers for Disease Control and Prevention, HHS	Dec. 25, 2020	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)	/library/FED-040	/exhibit/FED-040
Ex. FED-041	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…	Centers for Disease Control and Prevention, HHS	Jan. 12, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)	/library/FED-041	/exhibit/FED-041
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-048	Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…	Centers for Disease Control and Prevention, HHS	Sept. 11, 2020	Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)	/library/FED-048	/exhibit/FED-048
Ex. FED-050	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)	Jan. 31, 2021	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	/library/FED-050	/exhibit/FED-050
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-054	Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)	/library/FED-054	/exhibit/FED-054
Ex. FED-055	Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	/library/FED-055	/exhibit/FED-055
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-061	Executive Order 13998	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	/library/FED-061	/exhibit/FED-061
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-066	Executive Order 13945	President Donald J. Trump	Aug. 8, 2020	President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)	/library/FED-066	/exhibit/FED-066
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-073	Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)	President Donald J. Trump	Apr. 28, 2020	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	/library/FED-073	/exhibit/FED-073
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-075	Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use	Federal Emergency Management Agency, DHS	Apr. 7, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)	/library/FED-075	/exhibit/FED-075
Ex. FED-076	Notification of Exemptions to the PPE allocation rule	Federal Emergency Management Agency, DHS	Apr. 17, 2020	Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)	/library/FED-076	/exhibit/FED-076
Ex. FED-077	Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)	Federal Emergency Management Agency, DHS	Aug. 10, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)	/library/FED-077	/exhibit/FED-077
Ex. FED-078	Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)	Federal Emergency Management Agency, DHS	Dec. 31, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)	/library/FED-078	/exhibit/FED-078
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-088	Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)	OSHA, U.S. Department of Labor	Mar. 9, 2020	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	/library/FED-088	/exhibit/FED-088
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-091	CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)	Centers for Medicare & Medicaid Services, HHS	May 1, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	/library/FED-091	/exhibit/FED-091
Ex. FED-092	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	Centers for Medicare & Medicaid Services, HHS	Sept. 2, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	/library/FED-092	/exhibit/FED-092
Ex. FED-093	CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)	Nov. 2, 2020	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	/library/FED-093	/exhibit/FED-093
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-097	QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 13, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	/library/FED-097	/exhibit/FED-097
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-104	FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	/library/FED-104	/exhibit/FED-104
Ex. FED-132	FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 20, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	/library/FED-132	/exhibit/FED-132
Ex. FED-147	FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	/library/FED-147	/exhibit/FED-147
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-154	QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)	CMS, Quality, Safety & Oversight Group	Sept. 17, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	/library/FED-154	/exhibit/FED-154
Ex. FED-155	QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19	CMS, Quality, Safety & Oversight Group	Mar. 10, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	/library/FED-155	/exhibit/FED-155
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-157	QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)	CMS, Quality, Safety & Oversight Group	May 18, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	/library/FED-157	/exhibit/FED-157
Ex. FED-158	CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…	Centers for Medicare & Medicaid Services, HHS	Apr. 7, 2020	Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)	/library/FED-158	/exhibit/FED-158
Ex. FED-159	CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)	Centers for Medicare & Medicaid Services, HHS	Apr. 19, 2020	Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)	/library/FED-159	/exhibit/FED-159
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-164	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)	/library/FED-164	/exhibit/FED-164
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-170	Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…	Congress (Pub. L. 116-127); approved by the President	Mar. 18, 2020	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	/library/FED-170	/exhibit/FED-170
Ex. FED-171	Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826	Wage and Hour Division, U.S. Department of Labor	Apr. 1, 2020	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	/library/FED-171	/exhibit/FED-171
Ex. FED-172	Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)	Wage and Hour Division, U.S. Department of Labor	Sept. 11, 2020	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	/library/FED-172	/exhibit/FED-172
Ex. FED-173	Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…	Congress (Pub. L. 116-260)	Dec. 27, 2020	Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)	/library/FED-173	/exhibit/FED-173
Ex. FED-174	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…	Congress (Pub. L. 117-2); approved by the President	Mar. 11, 2021	Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)	/library/FED-174	/exhibit/FED-174
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-185	Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)	Dec. 11, 2020	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	/library/FED-185	/exhibit/FED-185
Ex. FED-186	Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)	Food and Drug Administration, HHS	Dec. 18, 2020	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	/library/FED-186	/exhibit/FED-186
Ex. FED-187	Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)	Food and Drug Administration, HHS	Feb. 27, 2021	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	/library/FED-187	/exhibit/FED-187
Ex. FED-190	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)	/library/FED-190	/exhibit/FED-190
Ex. FED-191	30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)	The President and the White House Coronavirus Task Force	Mar. 31, 2020	The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)	/library/FED-191	/exhibit/FED-191
Ex. FED-192	Guidelines for Opening Up America Again (Apr. 16, 2020)	The President and the White House Coronavirus Task Force	Apr. 16, 2020	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	/library/FED-192	/exhibit/FED-192
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-202	Proclamation 9993	President Donald J. Trump	Mar. 11, 2020	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	/library/FED-202	/exhibit/FED-202
Ex. FED-203	Proclamation 9996	President Donald J. Trump	Mar. 14, 2020	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	/library/FED-203	/exhibit/FED-203
Ex. FED-204	Proclamation 10041	President Donald J. Trump	May 24, 2020	President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)	/library/FED-204	/exhibit/FED-204
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-210	Proclamation 10014	President Donald J. Trump	Apr. 22, 2020	President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)	/library/FED-210	/exhibit/FED-210
Ex. FED-211	Proclamation 10052	President Donald J. Trump	June 22, 2020	President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)	/library/FED-211	/exhibit/FED-211
Ex. FED-212	Proclamation 10054	President Donald J. Trump	June 29, 2020	President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)	/library/FED-212	/exhibit/FED-212
Ex. FED-213	Proclamation 10131	President Donald J. Trump	Dec. 31, 2020	President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)	/library/FED-213	/exhibit/FED-213
Ex. FED-214	Proclamation 10149	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)	/library/FED-214	/exhibit/FED-214
Ex. FED-216	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection	Mar. 24, 2020	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)	/library/FED-216	/exhibit/FED-216
Ex. FED-217	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)	/library/FED-217	/exhibit/FED-217
Ex. FED-219	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)	/library/FED-219	/exhibit/FED-219
Ex. FED-222	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)	/library/FED-222	/exhibit/FED-222
Ex. FED-225	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)	/library/FED-225	/exhibit/FED-225
Ex. FED-226	Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)	/library/FED-226	/exhibit/FED-226
Ex. FED-229	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)	/library/FED-229	/exhibit/FED-229
Ex. FED-230	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 21188 (Apr. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Apr. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 21188 (Apr. 22, 2021) (Ex. FED-230)	/library/FED-230	/exhibit/FED-230
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-233	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 38556 (July 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	July 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 38556 (July 22, 2021) (Ex. FED-233)	/library/FED-233	/exhibit/FED-233
Ex. FED-234	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 46964 (Aug. 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Aug. 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 46964 (Aug. 23, 2021) (Ex. FED-234)	/library/FED-234	/exhibit/FED-234
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-239	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…	DHS (Acting Secretary Chad F. Wolf), with CBP	Mar. 24, 2020	DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)	/library/FED-239	/exhibit/FED-239
Ex. FED-240	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)	/library/FED-240	/exhibit/FED-240
Ex. FED-242	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)	/library/FED-242	/exhibit/FED-242
Ex. FED-245	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)	/library/FED-245	/exhibit/FED-245
Ex. FED-248	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)	/library/FED-248	/exhibit/FED-248
Ex. FED-249	Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)	/library/FED-249	/exhibit/FED-249
Ex. FED-252	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)	/library/FED-252	/exhibit/FED-252
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-256	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 38554 (July 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	July 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 38554 (July 22, 2021) (Ex. FED-256)	/library/FED-256	/exhibit/FED-256
Ex. FED-257	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 46963 (Aug. 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Aug. 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 46963 (Aug. 23, 2021) (Ex. FED-257)	/library/FED-257	/exhibit/FED-257
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-262	OMB Memorandum M-20-13	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 12, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-13 (Mar. 12, 2020) (Ex. FED-262)	/library/FED-262	/exhibit/FED-262
Ex. FED-264	OMB Memorandum M-20-16	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 17, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)	/library/FED-264	/exhibit/FED-264
Ex. FED-265	OMB Memorandum M-20-17	Office of Management and Budget	Mar. 19, 2020	Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)	/library/FED-265	/exhibit/FED-265
Ex. FED-266	OMB Memorandum M-20-18	Office of Management and Budget (Deputy Director for Management)	Mar. 20, 2020	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	/library/FED-266	/exhibit/FED-266
Ex. FED-268	OMB/OPM Memorandum M-20-23	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)	Apr. 20, 2020	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	/library/FED-268	/exhibit/FED-268
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-279	Order of March 16, 2020 (COVID-19 building access)	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)	Mar. 16, 2020	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)	/library/FED-279	/exhibit/FED-279
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-281	Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019	Deputy Secretary of Defense David L. Norquist	Mar. 13, 2020	Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)	/library/FED-281	/exhibit/FED-281
Ex. FED-282	Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions	Secretary of Defense Mark T. Esper	Apr. 20, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)	/library/FED-282	/exhibit/FED-282
Ex. FED-283	Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…	Secretary of Defense Mark T. Esper	May 22, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)	/library/FED-283	/exhibit/FED-283
Ex. FED-284	Order of the Chief Judge No. 20-042	Chief Judge Virginia A. Phillips	Mar. 19, 2020	Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)	/library/FED-284	/exhibit/FED-284
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-286	General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)	Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)	/library/FED-286	/exhibit/FED-286
Ex. FED-287	General Order No. 44 (entrance protocols; COVID-19)	United States Court of Appeals for the Eleventh Circuit		United States Court of Appeals for the Eleventh Circuit, General Order No. 44 (entrance protocols; COVID-19) (Ex. FED-287)	/library/FED-287	/exhibit/FED-287
Ex. FED-288	General Order 2020-8	Chief Judge Philip A. Brimmer	May 6, 2020	Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)	/library/FED-288	/exhibit/FED-288
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	/library/FED-292	/exhibit/FED-292
Ex. FED-295	Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020	Mar. 29, 2020	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)	/library/FED-295	/exhibit/FED-295
Ex. FED-296	Tenth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Feb. 12, 2021	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	/library/FED-296	/exhibit/FED-296
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-303	Standing Order 20-17	Chief Judge Freda L. Wolfson	Nov. 25, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	/library/FED-303	/exhibit/FED-303
Ex. FED-304	Third Extension of Standing Order 20-12	Chief Judge Freda L. Wolfson	Dec. 17, 2020	Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)	/library/FED-304	/exhibit/FED-304
Ex. FED-305	Standing Order 21-02	Chief Judge Freda L. Wolfson	Mar. 17, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	/library/FED-305	/exhibit/FED-305
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-310	Second Amended Standing Order 2020-02	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)	/library/FED-310	/exhibit/FED-310
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-312	Standing Order 2020-05	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)	/library/FED-312	/exhibit/FED-312
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-316	Fourth Amendment to General Order 20-01	Chief Judge Thomas W. Thrash, Jr.	July 31, 2020	Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)	/library/FED-316	/exhibit/FED-316
Ex. FED-317	General Order 72	Chief Judge Phyllis J. Hamilton	Mar. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)	/library/FED-317	/exhibit/FED-317
Ex. FED-318	General Order 72-2	Chief Judge Phyllis J. Hamilton	Apr. 30, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)	/library/FED-318	/exhibit/FED-318
Ex. FED-319	Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…	U.S. Department of State, Bureau of Consular Affairs	Mar. 26, 2020	U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)	/library/FED-319
Ex. FED-320	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services	Apr. 20, 2020	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)	/library/FED-320	/exhibit/FED-320
Ex. FED-321	Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)	U.S. Department of Homeland Security, USCIS	May 14, 2020	U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)	/library/FED-321	/exhibit/FED-321
Ex. FED-322	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…	DHS, USCIS	Aug. 20, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)	/library/FED-322	/exhibit/FED-322
Ex. FED-323	Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…	DHS, USCIS	Dec. 18, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)	/library/FED-323	/exhibit/FED-323
Ex. FED-324	USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020	U.S. Citizenship and Immigration Services	Mar. 17, 2020	U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)	/library/FED-324	/exhibit/FED-324
Ex. FED-325	USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4	U.S. Citizenship and Immigration Services	May 27, 2020	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	/library/FED-325	/exhibit/FED-325
Ex. FED-327	Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)	U.S. Department of State, Bureau of Consular Affairs	Mar. 20, 2020	U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)	/library/FED-327	/exhibit/FED-327
Ex. FED-328	Phased Resumption of Routine Visa Services (announcement of July 14, 2020)	U.S. Department of State, Bureau of Consular Affairs	July 14, 2020	U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)	/library/FED-328	/exhibit/FED-328
Ex. FED-331	General Order 72-4	Chief Judge Phyllis J. Hamilton	June 24, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)	/library/FED-331	/exhibit/FED-331
Ex. FED-333	General Order 72-6	Chief Judge Phyllis J. Hamilton	Sept. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	/library/FED-333	/exhibit/FED-333
Ex. FED-334	General Order 73 (Amended May 21, 2020)	Chief Judge Phyllis J. Hamilton	May 21, 2020	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	/library/FED-334	/exhibit/FED-334
Ex. FED-336	General Order 77	Chief Judge Phyllis J. Hamilton	June 9, 2020	Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)	/library/FED-336	/exhibit/FED-336
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-338	General Order 20-0012 (original)	Chief Judge Rebecca R. Pallmeyer	Mar. 12, 2020	Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)	/library/FED-338	/exhibit/FED-338
Ex. FED-339	Eighth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Nov. 13, 2020	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	/library/FED-339	/exhibit/FED-339
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-343	Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…	Bureau of Consumer Financial Protection	June 30, 2020	Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)	/library/FED-343	/exhibit/FED-343
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-346	FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac	Mar. 18, 2020	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)	/library/FED-346	/exhibit/FED-346
Ex. FED-348	FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)	Federal Housing Finance Agency	June 17, 2020	Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)	/library/FED-348	/exhibit/FED-348
Ex. FED-349	FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)	Federal Housing Finance Agency	Aug. 27, 2020	Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)	/library/FED-349	/exhibit/FED-349
Ex. FED-350	FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)	Federal Housing Finance Agency	Dec. 2, 2020	Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)	/library/FED-350	/exhibit/FED-350
Ex. FED-353	FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…	Federal Housing Finance Agency	Feb. 25, 2021	Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)	/library/FED-353	/exhibit/FED-353
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-356	Mortgagee Letter 2020-04	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)	Mar. 18, 2020	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)	/library/FED-356	/exhibit/FED-356
Ex. FED-359	Mortgagee Letter 2020-19	HUD, Federal Housing Administration	June 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)	/library/FED-359
Ex. FED-360	Mortgagee Letter 2020-27	HUD, Federal Housing Administration	Aug. 27, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)	/library/FED-360	/exhibit/FED-360
Ex. FED-361	Mortgagee Letter 2020-43	HUD, Federal Housing Administration	Dec. 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)	/library/FED-361	/exhibit/FED-361
Ex. FED-362	Mortgagee Letter 2021-03	HUD, Federal Housing Administration	Jan. 21, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)	/library/FED-362	/exhibit/FED-362
Ex. FED-363	Mortgagee Letter 2021-05	HUD, Federal Housing Administration	Feb. 16, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)	/library/FED-363	/exhibit/FED-363
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-367	Circular 26-20-7	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service	Mar. 16, 2020	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	/library/FED-367	/exhibit/FED-367
Ex. FED-368	Circular 26-20-8	VA, Loan Guaranty Service	Mar. 18, 2020	VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)	/library/FED-368	/exhibit/FED-368
Ex. FED-369	Circular 26-20-12	VA, Loan Guaranty Service	Apr. 8, 2020	VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)	/library/FED-369	/exhibit/FED-369
Ex. FED-371	Circular 26-20-22	VA, Loan Guaranty Service	June 17, 2020	VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)	/library/FED-371	/exhibit/FED-371
Ex. FED-372	Circular 26-20-23	VA, Loan Guaranty Service	June 18, 2020	VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)	/library/FED-372	/exhibit/FED-372
Ex. FED-373	Circular 26-20-29	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)	/library/FED-373	/exhibit/FED-373
Ex. FED-374	Circular 26-20-30	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)	/library/FED-374	/exhibit/FED-374
Ex. FED-375	Circular 26-20-40	VA, Loan Guaranty Service	Dec. 28, 2020	VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)	/library/FED-375	/exhibit/FED-375
Ex. FED-376	Circular 26-21-2	VA, Loan Guaranty Service	Jan. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)	/library/FED-376	/exhibit/FED-376
Ex. FED-377	Circular 26-21-5	VA, Loan Guaranty Service	Feb. 16, 2021	VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)	/library/FED-377
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-381	USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…	U.S. Department of Agriculture, Rural Development	Mar. 19, 2020	U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)	/library/FED-381
Ex. FED-382	USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…	USDA Rural Development	Dec. 28, 2020	USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)	/library/FED-382
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-386	Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…	Secretary of the Interior David L. Bernhardt	Mar. 22, 2020	Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)	/library/FED-386	/exhibit/FED-386
Ex. FED-387	NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…	Secretary of the Interior David L. Bernhardt; National Park Service	Mar. 18, 2020	Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)	/library/FED-387	/exhibit/FED-387
Ex. FED-389	BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon	Bureau of Land Management, Oregon/Washington State Office and District Managers	Mar. 27, 2020	Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)	/library/FED-389	/exhibit/FED-389
Ex. FED-390	Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors	Bureau of Reclamation	Mar. 17, 2020	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	/library/FED-390	/exhibit/FED-390
Ex. FED-391	USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only	U.S. Department of Agriculture, Farm Production and Conservation mission area	Mar. 23, 2020	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	/library/FED-391
Ex. FED-393	USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…	U.S. Army Corps of Engineers Headquarters and district commanders	Mar. 17, 2020	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	/library/FED-393
Ex. FED-396	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)	/library/FED-396	/exhibit/FED-396
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. IL-042	Executive Order 2021-20 (COVID-19 Executive Order No. 87)	Governor JB Pritzker	Aug. 26, 2021	Governor JB Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. IL-042)	/library/IL-042	/exhibit/IL-042
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. LAW-487	U.S. Department of Labor, OSHA, News Release, 'U.S. Department of Labor Cites Smithfield Packaged Meats Corp. For Failing to Protect Employees from Coronavirus'…	OSHA, U.S. Department of Labor	Sept. 10, 2020	OSHA, U.S. Department of Labor, U.S. Department of Labor, OSHA, News Release, 'U.S. Department of Labor Cites Smithfield Packaged Meats Corp. For Failing to Protect Employees from Coronavirus' (Region 8, Sept. 10, 2020) (Ex. LAW-487)	/library/LAW-487	/exhibit/LAW-487
Ex. MET-KC-002	Committee Substitute for Ordinance No. 210694 (legislation text)	Council of Kansas City, Missouri (Mayor Quinton Lucas presiding)	Aug. 19, 2021	Council of Kansas City, Missouri (Mayor Quinton Lucas presiding), Committee Substitute for Ordinance No. 210694 (legislation text) (Aug. 19, 2021) (Ex. MET-KC-002)	/library/MET-KC-002	/exhibit/MET-KC-002
Ex. MET-LA-018	Responding Together at Work and in the Community, Beyond the Blueprint, Substantial Transmission (Issue Date July 16, 2021; effective 11:59 p.m. July 17, 2021)	County of Los Angeles Health Officer	July 16, 2021	County of Los Angeles Health Officer, Responding Together at Work and in the Community, Beyond the Blueprint, Substantial Transmission (Issue Date July 16, 2021; effective 11:59 p.m. July 17, 2021) (Ex. MET-LA-018)	/library/MET-LA-018	/exhibit/MET-LA-018
Ex. MI-011	Executive Order 2020-21	Governor Gretchen Whitmer	Mar. 23, 2020	Governor Gretchen Whitmer, Executive Order 2020-21 (Mar. 23, 2020) (Ex. MI-011)	/library/MI-011	/exhibit/MI-011
Ex. NE-080	KLKN, 'BREAKING: Mask mandate to start Thursday in Lancaster County' (Aug. 24, 2021)	KLKN-TV (Lincoln) report of the Lincoln-Lancaster County Health Department announcement	Aug. 24, 2021	KLKN-TV (Lincoln) report of the Lincoln-Lancaster County Health Department announcement, KLKN, 'BREAKING: Mask mandate to start Thursday in Lancaster County' (Aug. 24, 2021) (Ex. NE-080)	/library/NE-080	/exhibit/NE-080
Ex. NJ-004	New Jersey Executive Order 107 (Mar. 21, 2020; paras. 10-11 rescinded by EO 243 eff. June 4, 2021)	Governor Philip D. Murphy	Mar. 21, 2020	Governor Philip D. Murphy, New Jersey Executive Order 107 (Mar. 21, 2020; paras. 10-11 rescinded by EO 243 eff. June 4, 2021) (Ex. NJ-004)	/library/NJ-004	/exhibit/NJ-004
Ex. NJ-020	Executive Order No. 150 (2020)	Governor Philip D. Murphy	June 3, 2020	Governor Philip D. Murphy, Executive Order No. 150 (2020) (June 3, 2020) (Ex. NJ-020)	/library/NJ-020	/exhibit/NJ-020
Ex. NJ-026	Executive Order No. 157 (2020)	Governor Philip D. Murphy	June 26, 2020	Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. NJ-026)	/library/NJ-026	/exhibit/NJ-026
Ex. NM-023	Public Health Emergency Order of June 30, 2020 (extension; retail mask-entry rule)	Secretary of Health Kathyleen M. Kunkel	June 30, 2020	Secretary of Health Kathyleen M. Kunkel, Public Health Emergency Order of June 30, 2020 (extension; retail mask-entry rule) (Ex. NM-023)	/library/NM-023	/exhibit/NM-023
Ex. NM-060	Public Health Emergency Order of June 30, 2021 (county framework and capacity limits ended; masks for the unvaccinated; CSPs mandatory)	Secretary of Health Tracie C. Collins, M.D.	June 30, 2021	Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of June 30, 2021 (county framework and capacity limits ended; masks for the unvaccinated; CSPs mandatory) (Ex. NM-060)	/library/NM-060	/exhibit/NM-060
Ex. NY-002	Executive Order No. 202.8 (Mar. 20, 2020)	Governor Andrew M. Cuomo	Mar. 20, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.8 (Mar. 20, 2020) (Ex. NY-002)	/library/NY-002	/exhibit/NY-002
Ex. NY-073	Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.60	Commissioner of Health Howard A. Zucker, M.D., J.D.	Aug. 27, 2021	Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.60 (Aug. 27, 2021) (Ex. NY-073)	/library/NY-073	/exhibit/NY-073
Ex. NY-133	10 NYCRR Subpart 66-3 (Face-Coverings), emergency readoption I.D. No. HLT-28-21-00001-E, filed and effective June 23, 2021	New York State Department of Health / Public Health and Health Planning Council (New York State Register, July 14, 2021, Vol. XLIII, Issue 28)	June 23, 2021	New York State Department of Health / Public Health and Health Planning Council (New York State Register, July 14, 2021, Vol. XLIII, Issue 28), 10 NYCRR Subpart 66-3 (Face-Coverings), emergency readoption I.D. No. HLT-28-21-00001-E, filed and effective June 23, 2021 (Ex. NY-133)	/library/NY-133	/exhibit/NY-133
Ex. OR-048	OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022)	Oregon Health Authority, Public Health Division	Aug. 11, 2021	Oregon Health Authority, Public Health Division, OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022) (Aug. 11, 2021) (Ex. OR-048)	/library/OR-048	/exhibit/OR-048
Ex. SEC-07-001	Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, Version 1.0	Cybersecurity and Infrastructure Security Agency (CISA), Department of Homeland Security	Mar. 19, 2020	Cybersecurity and Infrastructure Security Agency (CISA), Department of Homeland Security, Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, Version 1.0 (Mar. 19, 2020) (Ex. SEC-07-001)	/library/SEC-07-001	/exhibit/SEC-07-001
Ex. SEC-07-002	Guidance on the Essential Critical Infrastructure Workforce, Version 2.0	CISA	Mar. 28, 2020	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 2.0 (Mar. 28, 2020) (Ex. SEC-07-002)	/library/SEC-07-002
Ex. SEC-07-003	Guidance on the Essential Critical Infrastructure Workforce, Version 3.0	CISA	Apr. 17, 2020	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 3.0 (Apr. 17, 2020) (Ex. SEC-07-003)	/library/SEC-07-003	/exhibit/SEC-07-003
Ex. SEC-07-004	Guidance on the Essential Critical Infrastructure Workforce, Version 3.1	CISA	May 19, 2020	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 3.1 (May 19, 2020) (Ex. SEC-07-004)	/library/SEC-07-004	/exhibit/SEC-07-004
Ex. SEC-07-005	Guidance on the Essential Critical Infrastructure Workforce, Version 4.0	CISA	Aug. 18, 2020	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 4.0 (Aug. 18, 2020) (Ex. SEC-07-005)	/library/SEC-07-005	/exhibit/SEC-07-005
Ex. SEC-07-006	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	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020) (Mar. 25, 2020) (Ex. SEC-07-006)	/library/SEC-07-006	/exhibit/SEC-07-006
Ex. SEC-07-007	OSHA Alert 3996, COVID-19 Guidance for Retail Workers	Occupational Safety and Health Administration	Apr. 8, 2020	Occupational Safety and Health Administration, OSHA Alert 3996, COVID-19 Guidance for Retail Workers (Apr. 8, 2020) (Ex. SEC-07-007)	/library/SEC-07-007	/exhibit/SEC-07-007
Ex. SEC-07-008	Advance Monthly Sales for Retail and Food Services, April 2020 (CB20-69)	U.S. Census Bureau	May 15, 2020	U.S. Census Bureau, Advance Monthly Sales for Retail and Food Services, April 2020 (CB20-69) (May 15, 2020) (Ex. SEC-07-008)	/library/SEC-07-008	/exhibit/SEC-07-008
Ex. SEC-07-010	The Employment Situation, April 2020 (USDL-20-0815)	Bureau of Labor Statistics	May 8, 2020	Bureau of Labor Statistics, The Employment Situation, April 2020 (USDL-20-0815) (May 8, 2020) (Ex. SEC-07-010)	/library/SEC-07-010
Ex. SEC-07-011	Executive Order No. 122 (2020)	Governor Philip D. Murphy	Apr. 8, 2020	Governor Philip D. Murphy, Executive Order No. 122 (2020) (Apr. 8, 2020) (Ex. SEC-07-011)	/library/SEC-07-011	/exhibit/SEC-07-011
Ex. SEC-07-012	Executive Order No. 142 (2020)	Governor Philip D. Murphy	May 13, 2020	Governor Philip D. Murphy, Executive Order No. 142 (2020) (May 13, 2020) (Ex. SEC-07-012)	/library/SEC-07-012	/exhibit/SEC-07-012
Ex. SEC-07-013	Executive Order No. 157 (2020)	Governor Philip D. Murphy	June 26, 2020	Governor Philip D. Murphy, Executive Order No. 157 (2020) (June 26, 2020) (Ex. SEC-07-013)	/library/SEC-07-013	/exhibit/SEC-07-013
Ex. SEC-07-015	Executive Order 53 (2020)	Governor Ralph S. Northam	Mar. 23, 2020	Governor Ralph S. Northam, Executive Order 53 (2020) (Mar. 23, 2020) (Ex. SEC-07-015)	/library/SEC-07-015
Ex. SEC-07-016	Emergency Executive Order 20-48	Governor Tim Walz	Apr. 30, 2020	Governor Tim Walz, Emergency Executive Order 20-48 (Apr. 30, 2020) (Ex. SEC-07-016)	/library/SEC-07-016	/exhibit/SEC-07-016
Ex. SEC-07-017	Emergency Executive Order 20-56	Governor Tim Walz	May 13, 2020	Governor Tim Walz, Emergency Executive Order 20-56 (May 13, 2020) (Ex. SEC-07-017)	/library/SEC-07-017	/exhibit/SEC-07-017
Ex. SEC-07-018	Executive Order 2020-246	Governor Andy Beshear	Mar. 22, 2020	Governor Andy Beshear, Executive Order 2020-246 (Mar. 22, 2020) (Ex. SEC-07-018)	/library/SEC-07-018	/exhibit/SEC-07-018
Ex. SEC-07-019	COVID-19 Order No. 13	Governor Charles D. Baker	Mar. 23, 2020	Governor Charles D. Baker, COVID-19 Order No. 13 (Mar. 23, 2020) (Ex. SEC-07-019)	/library/SEC-07-019	/exhibit/SEC-07-019
Ex. SEC-07-020	Executive Order No. 7F	Governor Ned Lamont	Mar. 18, 2020	Governor Ned Lamont, Executive Order No. 7F (Mar. 18, 2020) (Ex. SEC-07-020)	/library/SEC-07-020	/exhibit/SEC-07-020
Ex. SEC-07-021	Proclamation of Disaster Emergency (Public Health Disaster Emergency) of April 6, 2020	Governor Kim Reynolds	Apr. 6, 2020	Governor Kim Reynolds, Proclamation of Disaster Emergency (Public Health Disaster Emergency) of April 6, 2020 (Apr. 6, 2020) (Ex. SEC-07-021)	/library/SEC-07-021	/exhibit/SEC-07-021
Ex. SEC-07-022	Executive Order 2020-42	Governor Gretchen Whitmer	Apr. 9, 2020	Governor Gretchen Whitmer, Executive Order 2020-42 (Apr. 9, 2020) (Ex. SEC-07-022)	/library/SEC-07-022	/exhibit/SEC-07-022
Ex. SEC-07-023	Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential-business guidance)	Empire State Development (under Executive Order 202.6, Governor Andrew M. Cuomo)	Mar. 27, 2020	Empire State Development (under Executive Order 202.6, Governor Andrew M. Cuomo), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (ESD essential-business guidance) (Mar. 27, 2020) (Ex. SEC-07-023)	/library/SEC-07-023	/exhibit/SEC-07-023
Ex. SEC-07-024	Guidance on the Essential Critical Infrastructure Workforce, Version 4.1	CISA	Aug. 5, 2021	CISA, Guidance on the Essential Critical Infrastructure Workforce, Version 4.1 (Aug. 5, 2021) (Ex. SEC-07-024)	/library/SEC-07-024	/exhibit/SEC-07-024
Ex. SEC-07-029	Executive Order 2020-21	Governor Gretchen Whitmer	Mar. 23, 2020	Governor Gretchen Whitmer, Executive Order 2020-21 (Mar. 23, 2020) (Ex. SEC-07-029)	/library/SEC-07-029
Ex. SEC-07-030	Executive Order N-44-20	Governor Gavin Newsom	Apr. 3, 2020	Governor Gavin Newsom, Executive Order N-44-20 (Apr. 3, 2020) (Ex. SEC-07-030)	/library/SEC-07-030	/exhibit/SEC-07-030
Ex. SEC-07-031	Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With…	Secretary of Health and Human Services	July 7, 2021	Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With Modifications, 86 Fed. Reg. 35810 (July 7, 2021) (Ex. SEC-07-031)	/library/SEC-07-031	/exhibit/SEC-07-031
Ex. SEC-07-032	Executive Order N-78-20	Governor Gavin Newsom	Sept. 3, 2020	Governor Gavin Newsom, Executive Order N-78-20 (Sept. 3, 2020) (Ex. SEC-07-032)	/library/SEC-07-032	/exhibit/SEC-07-032
Ex. SEC-07-033	Executive Order N-03-21	Governor Gavin Newsom	Mar. 4, 2021	Governor Gavin Newsom, Executive Order N-03-21 (Mar. 4, 2021) (Ex. SEC-07-033)	/library/SEC-07-033	/exhibit/SEC-07-033
Ex. SEC-07-034	Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 45895 (July 30, 2020)	Secretary of Health and Human Services	July 23, 2020	Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 45895 (July 30, 2020) (July 23, 2020) (Ex. SEC-07-034)	/library/SEC-07-034	/exhibit/SEC-07-034
Ex. SEC-07-035	Extension of Designation of Scarce Materials or Threatened Materials; Correction of Extension Date, 85 Fed. Reg. 83975 (Dec. 23, 2020)	Secretary of Health and Human Services	Dec. 23, 2020	Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials; Correction of Extension Date, 85 Fed. Reg. 83975 (Dec. 23, 2020) (Ex. SEC-07-035)	/library/SEC-07-035	/exhibit/SEC-07-035
Ex. SEC-07-036	Extension of Designation of Scarce Materials or Threatened Materials; Extension of Effective Date With Modifications, 86 Fed. Reg. 7731 (Feb. 1, 2021)	Secretary of Health and Human Services	Feb. 1, 2021	Secretary of Health and Human Services, Extension of Designation of Scarce Materials or Threatened Materials; Extension of Effective Date With Modifications, 86 Fed. Reg. 7731 (Feb. 1, 2021) (Ex. SEC-07-036)	/library/SEC-07-036	/exhibit/SEC-07-036
Ex. SEC-07-037	Director's Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio	Director of the Ohio Department of Health (Stephanie McCloud, at Governor DeWine's direction)	Nov. 13, 2020	Director of the Ohio Department of Health (Stephanie McCloud, at Governor DeWine's direction), Director's Order for Retail and Business Compliance for Facial Coverings throughout the State of Ohio (Nov. 13, 2020) (Ex. SEC-07-037)	/library/SEC-07-037	/exhibit/SEC-07-037
Ex. SEC-07-040	Temporary Final Rule, Temporary Postponement of the Time to Deposit Certain Estimated Duties, Taxes, and Fees During the National Emergency Concerning the Novel…	U.S. Customs and Border Protection and Department of the Treasury	Apr. 20, 2020	U.S. Customs and Border Protection and Department of the Treasury, Temporary Final Rule, Temporary Postponement of the Time to Deposit Certain Estimated Duties, Taxes, and Fees During the National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 22349 (Apr. 22, 2020) (Apr. 20, 2020) (Ex. SEC-07-040)	/library/SEC-07-040	/exhibit/SEC-07-040
Ex. SEC-07-041	Executive Order 13916, 85 Fed. Reg. 22951 (Apr. 24, 2020)	President Donald J. Trump	Apr. 18, 2020	President Donald J. Trump, Executive Order 13916, 85 Fed. Reg. 22951 (Apr. 24, 2020) (Apr. 18, 2020) (Ex. SEC-07-041)	/library/SEC-07-041	/exhibit/SEC-07-041
Ex. SEC-07-042	Executive Order 14017, 86 Fed. Reg. 11849 (Mar. 1, 2021)	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Executive Order 14017, 86 Fed. Reg. 11849 (Mar. 1, 2021) (Feb. 24, 2021) (Ex. SEC-07-042)	/library/SEC-07-042	/exhibit/SEC-07-042
Ex. SEC-07-043	Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth: 100-Day Reviews under Executive Order 14017	The White House (interagency review under EO 14017)	June 8, 2021	The White House (interagency review under EO 14017), Building Resilient Supply Chains, Revitalizing American Manufacturing, and Fostering Broad-Based Growth: 100-Day Reviews under Executive Order 14017 (June 8, 2021) (Ex. SEC-07-043)	/library/SEC-07-043	/exhibit/SEC-07-043
Ex. SEC-07-050	Reopening Safer at Work and in the Community for Control of COVID-19: Health Officer Order (revised July 17, 2021)	County of Los Angeles Health Officer (Muntu Davis, M.D.)	July 17, 2021	County of Los Angeles Health Officer (Muntu Davis, M.D.), Reopening Safer at Work and in the Community for Control of COVID-19: Health Officer Order (revised July 17, 2021) (Ex. SEC-07-050)	/library/SEC-07-050
Ex. SEC-07-GM-001	Organizer notice	National Retail Federation	July 9, 2020	National Retail Federation, Organizer notice (July 9, 2020) (Ex. SEC-07-GM-001)	/library/SEC-07-GM-001	/exhibit/SEC-07-GM-001
Ex. SEC-07-GM-002	Organizer notice	High Point Market Authority (HPMA); showrooms owned by IMC and others	Apr. 16, 2020	High Point Market Authority (HPMA); showrooms owned by IMC and others, Organizer notice (Apr. 16, 2020) (Ex. SEC-07-GM-002)	/library/SEC-07-GM-002	/exhibit/SEC-07-GM-002
Ex. SEC-07-GM-003	Organizer notice	High Point Market Authority (HPMA); showrooms owned by IMC and others	Mar. 26, 2020	High Point Market Authority (HPMA); showrooms owned by IMC and others, Organizer notice (Mar. 26, 2020) (Ex. SEC-07-GM-003)	/library/SEC-07-GM-003	/exhibit/SEC-07-GM-003
Ex. SEC-07-GM-004	Organizer notice	International Market Centers (IMC; now ANDMORE)	Aug. 11, 2020	International Market Centers (IMC; now ANDMORE), Organizer notice (Aug. 11, 2020) (Ex. SEC-07-GM-004)	/library/SEC-07-GM-004	/exhibit/SEC-07-GM-004
Ex. SEC-07-GM-005	Organizer notice	Emerald X, LLC	Dec. 15, 2020	Emerald X, LLC, Organizer notice (Dec. 15, 2020) (Ex. SEC-07-GM-005)	/library/SEC-07-GM-005	/exhibit/SEC-07-GM-005
Ex. SEC-07-GM-006	Organizer notice	High Point Market Authority (HPMA); showrooms owned by IMC and others	Mar. 12, 2020	High Point Market Authority (HPMA); showrooms owned by IMC and others, Organizer notice (Mar. 12, 2020) (Ex. SEC-07-GM-006)	/library/SEC-07-GM-006	/exhibit/SEC-07-GM-006
Ex. SEC-07-GM-007	Organizer notice	International Housewares Association (IHA)	Mar. 5, 2020	International Housewares Association (IHA), Organizer notice (Mar. 5, 2020) (Ex. SEC-07-GM-007)	/library/SEC-07-GM-007	/exhibit/SEC-07-GM-007
Ex. SEC-07-GM-008	Organizer notice	International Housewares Association (IHA)	Aug. 3, 2020	International Housewares Association (IHA), Organizer notice (Aug. 3, 2020) (Ex. SEC-07-GM-008)	/library/SEC-07-GM-008	/exhibit/SEC-07-GM-008
Ex. SEC-07-GM-009	Organizer notice	International Housewares Association (IHA)	Jan. 5, 2021	International Housewares Association (IHA), Organizer notice (Jan. 5, 2021) (Ex. SEC-07-GM-009)	/library/SEC-07-GM-009	/exhibit/SEC-07-GM-009
Ex. SEC-07-GM-010	Organizer notice	National Shooting Sports Foundation (NSSF)	Oct. 30, 2020	National Shooting Sports Foundation (NSSF), Organizer notice (Oct. 30, 2020) (Ex. SEC-07-GM-010)	/library/SEC-07-GM-010	/exhibit/SEC-07-GM-010
Ex. SEC-07-GM-011	Organizer notice	National Shooting Sports Foundation (NSSF)	Nov. 30, 2020	National Shooting Sports Foundation (NSSF), Organizer notice (Nov. 30, 2020) (Ex. SEC-07-GM-011)	/library/SEC-07-GM-011	/exhibit/SEC-07-GM-011
Ex. SEC-07-GM-012	Organizer notice	National Confectioners Association	May 13, 2020	National Confectioners Association, Organizer notice (May 13, 2020) (Ex. SEC-07-GM-012)	/library/SEC-07-GM-012	/exhibit/SEC-07-GM-012
Ex. SEC-07-GM-014	Organizer notice	Emerald X, LLC (Outdoor Retailer)	Apr. 2, 2020	Emerald X, LLC (Outdoor Retailer), Organizer notice (Apr. 2, 2020) (Ex. SEC-07-GM-014)	/library/SEC-07-GM-014	/exhibit/SEC-07-GM-014
Ex. SEC-07-GM-015	Organizer notice	Emerald X, LLC	July 1, 2020	Emerald X, LLC, Organizer notice (July 1, 2020) (Ex. SEC-07-GM-015)	/library/SEC-07-GM-015	/exhibit/SEC-07-GM-015
Ex. SEC-07-GM-016	Organizer notice	Reed Exhibitions (RX)	Sept. 28, 2020	Reed Exhibitions (RX), Organizer notice (Sept. 28, 2020) (Ex. SEC-07-GM-016)	/library/SEC-07-GM-016	/exhibit/SEC-07-GM-016
Ex. SEC-07-GM-017	Organizer notice	National Grocers Association		National Grocers Association, Organizer notice (Ex. SEC-07-GM-017)	/library/SEC-07-GM-017
Ex. SEC-07-GM-018	Organizer notice	American Pet Products Association and Pet Industry Distributors Association	Apr. 17, 2020	American Pet Products Association and Pet Industry Distributors Association, Organizer notice (Apr. 17, 2020) (Ex. SEC-07-GM-018)	/library/SEC-07-GM-018	/exhibit/SEC-07-GM-018
Ex. SEC-07-GM-019	Organizer notice	Shoptalk (Hyve Group)		Shoptalk (Hyve Group), Organizer notice (Ex. SEC-07-GM-019)	/library/SEC-07-GM-019
Ex. SEC-07-GM-020	Organizer notice	The Toy Association, Inc.	Feb. 3, 2020	The Toy Association, Inc, Organizer notice (Feb. 3, 2020) (Ex. SEC-07-GM-020)	/library/SEC-07-GM-020	/exhibit/SEC-07-GM-020
Ex. SEC-07-GM-021	Organizer notice	Ace Hardware Corporation	Mar. 6, 2020	Ace Hardware Corporation, Organizer notice (Mar. 6, 2020) (Ex. SEC-07-GM-021)	/library/SEC-07-GM-021	/exhibit/SEC-07-GM-021
Ex. SEC-07-GM-022	Organizer notice	Ace Hardware Corporation	June 1, 2020	Ace Hardware Corporation, Organizer notice (June 1, 2020) (Ex. SEC-07-GM-022)	/library/SEC-07-GM-022	/exhibit/SEC-07-GM-022
Ex. SEC-07-GM-023	Organizer notice	Ace Hardware Corporation	Nov. 10, 2020	Ace Hardware Corporation, Organizer notice (Nov. 10, 2020) (Ex. SEC-07-GM-023)	/library/SEC-07-GM-023	/exhibit/SEC-07-GM-023
Ex. SEC-07-GM-024	Organizer notice	Ace Hardware Corporation	Sept. 27, 2021	Ace Hardware Corporation, Organizer notice (Sept. 27, 2021) (Ex. SEC-07-GM-024)	/library/SEC-07-GM-024	/exhibit/SEC-07-GM-024
Ex. SEC-07-GM-025	Organizer notice	Orgill, Inc.	Nov. 2, 2020	Orgill, Inc, Organizer notice (Nov. 2, 2020) (Ex. SEC-07-GM-025)	/library/SEC-07-GM-025	/exhibit/SEC-07-GM-025
Ex. SEC-07-GM-026	Organizer notice	True Value Company	June 29, 2020	True Value Company, Organizer notice (June 29, 2020) (Ex. SEC-07-GM-026)	/library/SEC-07-GM-026	/exhibit/SEC-07-GM-026
Ex. SEC-07-GM-027	Organizer notice	Do it Best Corp.	Oct. 4, 2021	Do it Best Corp, Organizer notice (Oct. 4, 2021) (Ex. SEC-07-GM-027)	/library/SEC-07-GM-027	/exhibit/SEC-07-GM-027
Ex. SEC-07-GM-028	Organizer notice	Informa Markets Fashion	Dec. 15, 2020	Informa Markets Fashion, Organizer notice (Dec. 15, 2020) (Ex. SEC-07-GM-028)	/library/SEC-07-GM-028	/exhibit/SEC-07-GM-028
Ex. SEC-07-GM-029	Organizer notice	Informa Markets Fashion	Aug. 25, 2021	Informa Markets Fashion, Organizer notice (Aug. 25, 2021) (Ex. SEC-07-GM-029)	/library/SEC-07-GM-029	/exhibit/SEC-07-GM-029
Ex. SEC-07-GM-030	Organizer notice	Informa Markets Fashion	May 1, 2021	Informa Markets Fashion, Organizer notice (May 1, 2021) (Ex. SEC-07-GM-030)	/library/SEC-07-GM-030	/exhibit/SEC-07-GM-030
Ex. SEC-07-GM-031	Organizer notice	Informa Markets Fashion		Informa Markets Fashion, Organizer notice (Ex. SEC-07-GM-031)	/library/SEC-07-GM-031
Ex. SEC-07-GM-032	Organizer notice	Consumer Technology Association	July 28, 2020	Consumer Technology Association, Organizer notice (July 28, 2020) (Ex. SEC-07-GM-032)	/library/SEC-07-GM-032	/exhibit/SEC-07-GM-032
Ex. SEC-07-GM-033	Organizer notice	Specialty Equipment Market Association; Auto Care Association and MEMA (AAPEX)	Aug. 6, 2020	Specialty Equipment Market Association; Auto Care Association and MEMA (AAPEX), Organizer notice (Aug. 6, 2020) (Ex. SEC-07-GM-033)	/library/SEC-07-GM-033	/exhibit/SEC-07-GM-033
Ex. SEC-07-GM-034	Organizer notice	RX (Reed Exhibitions) / Reed Jewelry Group	Aug. 27, 2020	RX (Reed Exhibitions) / Reed Jewelry Group, Organizer notice (Aug. 27, 2020) (Ex. SEC-07-GM-034)	/library/SEC-07-GM-034	/exhibit/SEC-07-GM-034
Ex. SEC-07-GM-035	Organizer notice	Dallas Market Center	Aug. 19, 2020	Dallas Market Center, Organizer notice (Aug. 19, 2020) (Ex. SEC-07-GM-035)	/library/SEC-07-GM-035	/exhibit/SEC-07-GM-035
Ex. SEC-07-GM-036	Organizer notice	Informa Markets Fashion	June 16, 2020	Informa Markets Fashion, Organizer notice (June 16, 2020) (Ex. SEC-07-GM-036)	/library/SEC-07-GM-036	/exhibit/SEC-07-GM-036
Ex. SEC-07-GM-037	Organizer notice	State and city governments with the Army Corps of Engineers and FEMA	Apr. 1, 2020	State and city governments with the Army Corps of Engineers and FEMA, Organizer notice (Apr. 1, 2020) (Ex. SEC-07-GM-037)	/library/SEC-07-GM-037	/exhibit/SEC-07-GM-037
Ex. SEC-07-GM-038	Organizer notice	International Housewares Association (IHA)	Sept. 18, 2020	International Housewares Association (IHA), Organizer notice (Sept. 18, 2020) (Ex. SEC-07-GM-038)	/library/SEC-07-GM-038	/exhibit/SEC-07-GM-038
Ex. SEC-07-GM-039	Organizer notice	Macy's, Inc.	Sept. 14, 2020	Macy's, Inc, Organizer notice (Sept. 14, 2020) (Ex. SEC-07-GM-039)	/library/SEC-07-GM-039	/exhibit/SEC-07-GM-039
Ex. SEC-07-GM-040	Organizer notice	National Association of Music Merchants (NAMM)	Aug. 10, 2020	National Association of Music Merchants (NAMM), Organizer notice (Aug. 10, 2020) (Ex. SEC-07-GM-040)	/library/SEC-07-GM-040	/exhibit/SEC-07-GM-040
Ex. SEC-07-GM-041	Organizer notice	Tobacco Media Group	Feb. 25, 2021	Tobacco Media Group, Organizer notice (Feb. 25, 2021) (Ex. SEC-07-GM-041)	/library/SEC-07-GM-041	/exhibit/SEC-07-GM-041
Ex. SEC-07-GM-042	Organizer notice	National Kitchen & Bath Association with Emerald X	Aug. 12, 2020	National Kitchen & Bath Association with Emerald X, Organizer notice (Aug. 12, 2020) (Ex. SEC-07-GM-042)	/library/SEC-07-GM-042	/exhibit/SEC-07-GM-042
Ex. SEC-07-GM-043	Organizer notice	National Association of Convenience Stores (NACS)		National Association of Convenience Stores (NACS), Organizer notice (Ex. SEC-07-GM-043)	/library/SEC-07-GM-043
Ex. SEC-07-GM-044	Organizer notice	National Association of Convenience Stores (NACS)	Oct. 5, 2021	National Association of Convenience Stores (NACS), Organizer notice (Oct. 5, 2021) (Ex. SEC-07-GM-044)	/library/SEC-07-GM-044	/exhibit/SEC-07-GM-044
Ex. SEC-07-GM-045	Organizer notice	International Market Centers (IMC)	Mar. 17, 2020	International Market Centers (IMC), Organizer notice (Mar. 17, 2020) (Ex. SEC-07-GM-045)	/library/SEC-07-GM-045	/exhibit/SEC-07-GM-045
Ex. SEC-07-GM-046	Organizer notice	International Market Centers (IMC)	July 15, 2020	International Market Centers (IMC), Organizer notice (July 15, 2020) (Ex. SEC-07-GM-046)	/library/SEC-07-GM-046	/exhibit/SEC-07-GM-046
Ex. SEC-07-GM-047	Organizer notice	International Market Centers (IMC)	Jan. 19, 2021	International Market Centers (IMC), Organizer notice (Jan. 19, 2021) (Ex. SEC-07-GM-047)	/library/SEC-07-GM-047	/exhibit/SEC-07-GM-047
Ex. SEC-07-GM-048	Organizer notice	International Market Centers (IMC)	June 24, 2021	International Market Centers (IMC), Organizer notice (June 24, 2021) (Ex. SEC-07-GM-048)	/library/SEC-07-GM-048	/exhibit/SEC-07-GM-048
Ex. SEC-07-GM-049	Organizer notice	Informa Markets (Global Licensing Group)	Mar. 20, 2020	Informa Markets (Global Licensing Group), Organizer notice (Mar. 20, 2020) (Ex. SEC-07-GM-049)	/library/SEC-07-GM-049	/exhibit/SEC-07-GM-049
Ex. SEC-07-GM-050	Organizer notice	The Toy Association, Inc.	Oct. 27, 2020	The Toy Association, Inc, Organizer notice (Oct. 27, 2020) (Ex. SEC-07-GM-050)	/library/SEC-07-GM-050	/exhibit/SEC-07-GM-050
Ex. SEC-07-GM-051	Organizer notice	Minnesota State Agricultural Society	May 22, 2020	Minnesota State Agricultural Society, Organizer notice (May 22, 2020) (Ex. SEC-07-GM-051)	/library/SEC-07-GM-051	/exhibit/SEC-07-GM-051
Ex. SEC-07-GM-052	Organizer notice	North American Hardware and Paint Association (NHPA) and industry partners	Jan. 14, 2021	North American Hardware and Paint Association (NHPA) and industry partners, Organizer notice (Jan. 14, 2021) (Ex. SEC-07-GM-052)	/library/SEC-07-GM-052	/exhibit/SEC-07-GM-052
Ex. SEC-07-GM-053	Organizer notice	American Pet Products Association and Pet Industry Distributors Association	Jan. 22, 2021	American Pet Products Association and Pet Industry Distributors Association, Organizer notice (Jan. 22, 2021) (Ex. SEC-07-GM-053)	/library/SEC-07-GM-053	/exhibit/SEC-07-GM-053
Ex. SEC-07-GM-054	Organizer notice	Emerald X, LLC (Outdoor Retailer)	Aug. 20, 2020	Emerald X, LLC (Outdoor Retailer), Organizer notice (Aug. 20, 2020) (Ex. SEC-07-GM-054)	/library/SEC-07-GM-054	/exhibit/SEC-07-GM-054
Ex. SEC-07-GM-055	Organizer notice	The Toy Association, Inc.	Oct. 14, 2021	The Toy Association, Inc, Organizer notice (Oct. 14, 2021) (Ex. SEC-07-GM-055)	/library/SEC-07-GM-055	/exhibit/SEC-07-GM-055
Ex. SEC-07-GM-056	Organizer notice	International Market Centers (IMC)	July 16, 2020	International Market Centers (IMC), Organizer notice (July 16, 2020) (Ex. SEC-07-GM-056)	/library/SEC-07-GM-056	/exhibit/SEC-07-GM-056
Ex. SEC-07-GM-057	Organizer notice	Eastern States Exposition	July 1, 2020	Eastern States Exposition, Organizer notice (July 1, 2020) (Ex. SEC-07-GM-057)	/library/SEC-07-GM-057	/exhibit/SEC-07-GM-057
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004
Ex. TX-008	Executive Order GA-14	Governor Greg Abbott	Mar. 31, 2020	Governor Greg Abbott, Executive Order GA-14 (Mar. 31, 2020) (Ex. TX-008)	/library/TX-008	/exhibit/TX-008
Ex. TX-021	Executive Order GA-28	Governor Greg Abbott	June 26, 2020	Governor Greg Abbott, Executive Order GA-28 (June 26, 2020) (Ex. TX-021)	/library/TX-021	/exhibit/TX-021
Ex. WA-072	Proclamation 20-25.14, Washington Ready (July 1, 2021), 'Additionally' paras. 3-4 and 'Furthermore' paras. 8-10	Governor Jay Inslee	July 1, 2021	Governor Jay Inslee, Proclamation 20-25.14, Washington Ready (July 1, 2021), 'Additionally' paras. 3-4 and 'Furthermore' paras. 8-10 (Ex. WA-072)	/library/WA-072	/exhibit/WA-072
Ex. WA-078	Order of the Secretary of Health 20-03.4	Umair A. Shah, MD, MPH, Washington State Secretary of Health	Aug. 19, 2021	Umair A. Shah, MD, MPH, Washington State Secretary of Health, Order of the Secretary of Health 20-03.4 (Aug. 19, 2021) (Ex. WA-078)	/library/WA-078	/exhibit/WA-078
Ex. WA-080	Proclamation 20-25.15, Washington Ready (Aug. 20, 2021; effective Aug. 23, 2021), paras. 2-3 and 'Customers' and 'Employers' clauses	Governor Jay Inslee	Aug. 20, 2021	Governor Jay Inslee, Proclamation 20-25.15, Washington Ready (Aug. 20, 2021; effective Aug. 23, 2021), paras. 2-3 and 'Customers' and 'Employers' clauses (Ex. WA-080)	/library/WA-080	/exhibit/WA-080

11. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?industry=07&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.