Eligibility report

Governmental Orders Record and Eligibility Analysis

Construction

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 317 instruments cited; 305 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?industry=09&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 Construction. 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=09&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)

Construction (the industry's regulators, nationally), first day (Apr. 1, 2020): Apr. 1, 2020: construction shut down or limited to essential projects in PA (Ex. SEC-09-007), NY (ESD guidance rev. Mar. 27, 2020), MI (Ex. SEC-09-031), WA (Ex. SEC-09-004), VT (Ex. SEC-09-030), Boston (Ex. SEC-09-024), the six Bay Area counties (Ex. SEC-09-039); NJ shutdown followed Apr. 10 (Ex. SEC-09-002). Elsewhere construction continued only as essential/critical work under stay-home orders with distancing conditions (e.g., WI EMO 12: 'optional or aesthetic construction should be avoided'; PA-style crew caps in none). Building departments closed to the public under stay-home orders; owners' projects in closed sectors suspended.

Construction (the industry's regulators, nationally), last day (June 30, 2020): June 30, 2020: shutdowns ended (PA May 1; MI May 7; VT May 11; NJ May 18; Boston May 26; Bay Area May 4; NY by region May 15-June 8) but every one replaced by mandatory site regimes (Exs. SEC-09-008, -033, -034, -029, -003, -025, -040, -017, -005); LADBS plan requirement (Ex. SEC-09-022).

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)

Construction (the industry's regulators, nationally), first day (July 1, 2020): July 1, 2020: mandatory construction site regimes in force in NY, PA, MI, WA, NJ, MA/Boston, CA counties, LA City; VA ETS effective July 27, 2020 (Ex. SEC-09-012); gathering caps and mask orders nationwide reached site meetings and indoor work.

Construction (the industry's regulators, nationally), last day (Sept. 30, 2020): Sept. 30, 2020: same regimes; MI executive orders in force to Oct. 2, 2020; VA ETS in force.

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)

Construction (the industry's regulators, nationally), first day (Oct. 1, 2020): Oct. 1, 2020: regimes in force; NJ EO 192 from Nov. 5, 2020 (Ex. SEC-09-023); OR OSHA rule from Nov. 16, 2020 (Ex. SEC-09-013); Cal/OSHA ETS operative Nov. 30, 2020 (Ex. SEC-09-010).

Construction (the industry's regulators, nationally), last day (Dec. 31, 2020): Dec. 31, 2020: all of the above in force; winter re-tightening orders (PA Dec. 12, 2020 limited-time mitigation; CA regional stay-home; MI 'pause') reached owners and offices.

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)

Construction (the industry's regulators, nationally), first day (Jan. 1, 2021): Jan. 1, 2021: NY Forward construction guidance; PA construction guidance and worker-safety order; MIOSHA rules; WA requirements; NJ EO 192; VA ETS then Permanent Standard (Jan. 27, 2021); OR OSHA rule; Cal/OSHA ETS; OSHA NEP DIR 2021-01 from Mar. 12, 2021 with construction NAICS 236-238 in Appendix B (Ex. SEC-09-018).

Construction (the industry's regulators, nationally), last day (Mar. 31, 2021): Mar. 31, 2021: same.

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)

Construction (the industry's regulators, nationally), first day (Apr. 1, 2021): Apr. 1, 2021: same; MIOSHA rules extended Apr. 13, 2021.

Construction (the industry's regulators, nationally), last day (June 30, 2021): June 30, 2021: PA regime lifted May 31; NY guidance lifted June 15; MIOSHA rescinded June 22; WA requirements ended June 30; Cal/OSHA ETS readopted June 17 (Ex. SEC-09-048); NJ EO 192 continued as modified by EO 243 (June 4; Ex. SEC-09-038); VA Permanent Standard and OR permanent rule (May 4; Ex. SEC-09-014) in force; HERO Act standard published July 6 (plans due Aug. 5).

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)

Construction (the industry's regulators, nationally), first day (July 1, 2021): July 1, 2021: Cal/OSHA ETS (readopted), VA Permanent Standard, OR permanent rule, NJ EO 192 as modified, OSHA NEP (DIR 2021-01 until July 7, then DIR 2021-03), CDC conveyance order and TSA directives, OSHA Healthcare ETS for trades in health-care settings, State emergencies in most States.

Construction (the industry's regulators, nationally), last day (Sept. 30, 2021): Sept. 30, 2021: all of the above plus NY HERO Act plans activated Sept. 6 (Exs. SEC-09-041, -047), EO 14042 (Sept. 9; Ex. SEC-09-006) and SFWTF contractor guidance (Sept. 24; Ex. SEC-09-044), Delta-wave indoor mask orders in CA counties, NV, DC, LA, NM, WA, IL, OR, HI and dozens of cities, CDPH health-care and school worker vaccination orders (Aug. 5 and Aug. 11, 2021) reaching contractors in those facilities, WA Proclamation 21-14 (Aug. 9, 2021) reaching on-site State contractors, school masking and quarantine orders (WF).

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	23	12	14	14	17	15	41
Group meetings and trade shows	3	0	4	2	3	2	14
All layers	205	175	178	191	185	184	385

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: Construction

Construction was the industry the March 2020 orders split in two. In most States the stay-home and closure orders permitted construction to continue as 'essential' or 'critical' infrastructure, but only on conditions the orders themselves imposed (distancing, crew limits, screening, written plans, closure of sites that could not comply), and only for owners whose own operations had not been closed. In the largest construction markets the orders went further and stopped the work itself. Pennsylvania's March 19, 2020 Life-Sustaining Business list marked every construction industry group 'No' (residential and nonresidential building construction, utility subsystem, land subdivision, highway, street and bridge, other heavy and civil, building equipment contractors, other specialty trade contractors) together with sawmills, wood product manufacturing and lumber wholesalers (Ex. SEC-09-007); construction did not resume statewide until May 1, 2020, and then only under the Governor's and Secretary of Health's mandatory construction guidance, with a four-person cap on residential sites and a square-footage headcount formula for enclosed commercial sites (Ex. SEC-09-008). New York's Empire State Development guidance under EO 202.6, revised on March 27, 2020, limited construction to essential projects (roads, bridges, transit, utilities, hospitals, homeless shelters, affordable housing, emergency work, single-worker sites) and directed that 'Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close'; construction reopened by region in Phase 1 from May 15, 2020 (New York City June 8, 2020) under the mandatory NY Forward construction guidance and Site Safety Plan requirement (Ex. SEC-09-017). Michigan's EO 2020-21 (effective March 24, 2020) prohibited in-person work other than by 'critical infrastructure workers' as defined by CISA's March 19, 2020 memorandum, which did not list general construction; construction resumed at 12:01 a.m. May 7, 2020 under EO 2020-70 § 11(g) and (i), which imposed a site-specific supervisor, daily screening, dedicated entry points and choke-point controls (Exs. SEC-09-031, -033), carried forward by EO 2020-97 § 3 (Ex. SEC-09-034). Washington's Governor wrote on March 25, 2020 that 'commercial and residential construction is not authorized under the Proclamation because construction is not considered to be an essential activity' (Ex. SEC-09-004); low-risk work resumed April 24, 2020 only under the Phase 1 Construction Restart requirements, whose posted exposure-control plan was enforced by job shutdown (Ex. SEC-09-005). Vermont's Addendum 6 confined construction to work 'necessary to support the COVID-19 response and maintain critical infrastructure' from March 25, 2020, then reopened it in steps of two-person crews (April 20), five-person crews (April 27), ten-person crews (May 4) and full operation on May 11, 2020 with mandatory VOSHA training (Exs. SEC-09-030, -027, -028, -029). New Jersey's EO 122 ceased 'the physical operations of all non-essential construction projects' at 8:00 p.m. April 10, 2020 and imposed written policies on essential sites, manufacturers and warehouses; EO 142 let non-essential projects resume at 6:00 a.m. May 18, 2020 under mandatory site policies (Exs. SEC-09-002, -003); EO 192 then imposed statewide workplace protocols on every employer with on-site staff from November 5, 2020 (Ex. SEC-09-023), which EO 243 kept in force 'as applicable' on June 4, 2021 (Ex. SEC-09-038). Boston paused non-essential construction from March 17, 2020, required every permitted site to be secured by March 23, and from April 27 conditioned every permit on a COVID-19 Safety Plan and a sworn affidavit, restarting in categories on May 5, May 18 and May 26, 2020 (Exs. SEC-09-024, -025, -026). The six Bay Area health officers limited construction to essential projects on March 31, 2020 and reopened all construction on May 4, 2020 only under the Small and Large Construction Project Safety Protocols (Exs. SEC-09-039, -040); Los Angeles let sites operate only under an exposure control plan and a COVID-19 Supervisor, enforced by withheld inspections and shutdown (Ex. SEC-09-022). Second quarter 2020 is therefore the quarter of shutdowns and conditioned restarts; the third and fourth quarters of 2020 and the first two quarters of 2021 are the quarters of mandatory site-safety regimes with the force of law: the NY Forward guidance, Pennsylvania's guidance and the Secretary of Health's worker-safety order, Michigan's executive orders and then MIOSHA's emergency rules, Washington's phased requirements, New Jersey's EO 192, Virginia's Emergency Temporary Standard 16VAC25-220 (effective July 27, 2020; 'indoor and outdoor construction settings' classified as medium exposure risk; Ex. SEC-09-012) and its Permanent Standard (January 27, 2021), Oregon OSHA's OAR 437-001-0744 (November 16, 2020; Ex. SEC-09-013) and its permanent successor (May 4, 2021; Ex. SEC-09-014), and Cal/OSHA's 8 CCR 3205 (operative November 30, 2020; readopted June 17, 2021; Exs. SEC-09-010, -048). The third quarter of 2021 is not empty for this industry. In force July 1 to September 30, 2021: the Cal/OSHA ETS as readopted (exclusion of exposed workers, face coverings, outbreak testing, employer-provided transport rules); Virginia's Permanent Standard; Oregon's permanent rule and, from August 13, 2021, the indoor mask rule; the New York HERO Act plans, which every private employer had to adopt by August 5, 2021, post by September 4, 2021 and activate on September 6, 2021 when the Commissioner of Health designated COVID-19 an airborne infectious disease (Exs. SEC-09-041, -047); New Jersey's EO 192 protocols as modified; OSHA's revised National Emphasis Program (July 7, 2021; Ex. SEC-09-019); Executive Order 14042 (September 9, 2021) and the Safer Federal Workforce Task Force guidance of September 24, 2021, which reached every federal construction contract and its subcontractors (Exs. SEC-09-006, -044, -049); the CDC conveyance mask order and TSA directives on every crew commuting by transit; the Delta-wave indoor mask orders of Los Angeles County (July 17), Nevada (July 30), the District of Columbia (July 31), the Bay Area counties (August 3), Louisiana (August 4), New Mexico (August 17), Washington (August 23), Illinois (August 30) and dozens of cities and counties, all of which applied to indoor job sites, site offices and building-department counters; the vaccination-or-testing orders on workers entering hospitals and schools in California and on on-site contractors of Washington State agencies; and the school masking and quarantine orders that governed the workforce's households. The suspension the 2020 shutdowns caused did not end with them: crews dispersed, subcontractor schedules collapsed, owners in the hotel, restaurant, retail, office and higher-education sectors, themselves under orders, suspended or cancelled projects, and building departments closed to walk-in permitting, inspections and plan review, so that the operation of a typical contractor on July 1 of any later quarter was not the operation of February 2020.

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
JS	job sites (shutdowns; essential-construction conditions; site safety plans)
PM	permits, inspections and plan review
BD	bidding, site visits and meetings
SC	materials
SB	subcontractors and trades
OW	owners and agencies (project suspensions)
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-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-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-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-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-266

OMB Memorandum M-20-18

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

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

Dates: In force from Mar. 20, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Telework mandateWorkplace rules
Functions reached: PL staffing, janitorial, security and IT contractor personnel at federal sites; PJ contract performance postponed or converted to telework; CB federal contractor base
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

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

Enforcement: OMB directive to contracting officers

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

Ex. FED-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-170

Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions)

Families First Coronavirus Response Act

Congress (Pub. L. 116-127); approved by the President, United States (private employers with fewer than 500 employees; public employers) (Federal)

Dates: In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF workforce availability of every employer under 500 employees (mandatory paid leave for quarantine, symptoms, school and child-care closures); HR payroll and leave administration; OP/OF
Grade: Primary source read
Days in this quarter: 91 (in force on the last day)

SEC. 5102. PAID SICK TIME REQUIREMENT. (a) IN GENERAL.--An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because: (1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. (2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. (3) The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. (4) The employee is caring for an individual who is subject to an order as described in subparagraph (1) or has been advised as described in paragraph (2). (5) The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is…

Enforcement: Fair Labor Standards Act enforcement by the Department of Labor (§ 5105); § 5104 anti-retaliation; private actions

Citation: Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170) Open the exhibit

Ex. FED-171

Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826

Paid Leave Under the Families First Coronavirus Response Act, 85 Fed. Reg. 19326 (Apr. 6, 2020)

Wage and Hour Division, U.S. Department of Labor, United States (Federal)

Dates: In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF; HR; OP
Grade: Primary source read
Days in this quarter: 90 (in force on the last day)

The Secretary of Labor ('Secretary') is promulgating temporary regulations to implement public health emergency leave under Title I of the Family and Medical Leave Act (FMLA), and emergency paid sick leave to assist working families facing public health emergencies arising out of Coronavirus Disease 2019 (COVID-19) global pandemic.... DATES: This rule is effective from April 2, 2020, through December 31, 2020. This rule became operational on April 1, 2020.... In general, the FFCRA requires covered employers to provide eligible employees up to two weeks of paid sick leave at full pay, up to a specified cap, when the employee is unable to work because the employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19

Enforcement: FLSA enforcement (29 C.F.R. § 826.150); DOL investigations

Citation: Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171) Open the exhibit

Ex. FED-158

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

Non-Emergent, Elective Medical Services, and Treatment Recommendations

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

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

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

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

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

Ex. FED-028

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-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-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-268

OMB/OPM Memorandum M-20-23

Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again

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

Dates: In force from Apr. 20, 2020 to June 10, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Telework mandateWorkplace rules
Functions reached: OF federal offices on maximum telework through the gating period, geography by geography; CS visitor screening and access limits at every federal facility; PJ contractor access
Grade: Primary source read
Days in this quarter: 72 (in force on the last day)

Gating Period: Agencies should continue in 'Maximum Telework Flexibility' operating status, at the discretion of the agency head.... Facilities Screening. Agencies must ensure their policies and procedures restrict individuals infected with or at higher risk for serious illness from COVID-19 from accessing Federal facilities... These agency policies must include specific considerations for Federal employees, contractors and visitors.... Agencies must continue to maximize telework flexibilities specifically for workers... at higher risk...

Enforcement: OMB/OPM directive; facility decisions by each GSA building's Designated Official and Facility Security Committee

Citation: Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268) Open the exhibit

Ex. FED-073

Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)

Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19, 85 Fed. Reg. 26313 (May 1, 2020)

President Donald J. Trump, United States (meat and poultry processors; food supply chain resources) (Federal)

Dates: In force from Apr. 28, 2020 to Apr. 10, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesSupply chain
Functions reached: PK packing and processing plants (agriculture-food); SC meat supply to restaurants, retail and food service; WF plant workforces (federal direction to operate under CDC/OSHA conditions); DS distribution
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

Accordingly, I find that meat and poultry in the food supply chain meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)). Under the delegation of authority provided in this order, the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA.... Sec. 2.... (b) The Secretary of Agriculture shall use the authority under section 101 of the Act... to determine the proper nationwide priorities and allocation of all the materials, services, and facilities necessary to ensure the continued supply of meat and poultry, consistent with the guidance for the operations of meat and poultry processing facilities jointly issued by the CDC and OSHA.

Enforcement: DPA § 101 orders by USDA; DPA § 103 penalties

Citation: President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073) Open the exhibit

Ex. FED-318

General Order 72-2

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

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

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

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

Enforcement: court order

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

Ex. FED-334

General Order 73 (Amended May 21, 2020)

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

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

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

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

Enforcement: court order; court security

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

Ex. FED-393

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

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

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

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

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

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

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

Ex. FED-325

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

USCIS Preparing to Resume Public Services on June 4

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

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

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

Enforcement: agency entry conditions

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

Ex. FED-010

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

Determination that a Public Health Emergency Exists

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

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

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

Enforcement: Predicate; the enabled instruments carry their own enforcement

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

Ex. FED-200

Proclamation 9984

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-180

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

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

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

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

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

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

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

Ex. FED-181

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

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

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

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

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

Enforcement: Framework for FDA emergency use authorizations

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

Ex. FED-001

Proclamation 9994

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-160

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

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

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

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

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

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

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

Ex. FED-182

Emergency Use Declaration: personal respiratory protective devices

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

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

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

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

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

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

Ex. FED-201

Proclamation 9992

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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-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

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 Construction

Ex. SEC-09-033

Executive Order 2020-70 (Stay Home, Stay Safe; MI Safe Start)

Construction, real estate and outdoor work permitted to resume May 7, 2020 under enhanced rules

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from May 1, 2020 to May 7, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureWorkplace rules
Functions reached: JS; SB; HR (screening; supervisor); OP; BD (choke points; visitors)
Grade: Primary source read
Days in this quarter: 7

(g) Effective at 12:01 am on May 7, 2020, workers in the construction industry, including workers in the building trades (plumbers, electricians, HVAC technicians, and similar workers), subject to the enhanced social-distancing rules described in section 11(i) of this order... (i) Businesses or operations in the construction industry must also: (1) Adhere to all of the provisions in subsection (h) of this section. (2) Designate a site-specific supervisor to monitor and oversee the implementation of COVID-19 control strategies developed under [the order]... [daily health screenings; dedicated entry points; choke points; hand-washing stations]

Enforcement: Misdemeanor (MCL 10.33; MCL 30.405(3))

Citation: Governor Gretchen Whitmer, Executive Order 2020-70 (Stay Home, Stay Safe; MI Safe Start) (May 1, 2020) (Ex. SEC-09-033) Open the exhibit

Ex. SEC-09-031

Executive Order 2020-21 (Stay Home, Stay Safe)

Temporary requirement to suspend activities that are not necessary to sustain or protect life

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Mar. 24, 2020 to May 7, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached: JS (general construction not critical under CISA v1.0); SB; OW; BD; PM; SC; CB
Grade: Primary source read
Days in this quarter: 45

1. This order must be construed broadly to prohibit in-person work that is not necessary to sustain or protect life... 5. Businesses and operations that employ critical infrastructure workers may continue in-person operations... 8. For purposes of this order, critical infrastructure workers are those workers described by the Director of the U.S. Cybersecurity and Infrastructure Security Agency in his guidance of March 19, 2020 on the COVID-19 response

Enforcement: Willful violation a misdemeanor (MCL 10.33; MCL 30.405(3))

Citation: Governor Gretchen Whitmer, Executive Order 2020-21 (Stay Home, Stay Safe) (Mar. 23, 2020) (Ex. SEC-09-031) Open the exhibit

Ex. SEC-09-004

Memorandum to Interested Stakeholders: Construction Guidance - Stay Home, Stay Healthy Proclamation (20-25)

Construction not authorized under Proclamation 20-25 except enumerated circumstances

Governor Jay Inslee, Washington (State)

Dates: In force from Mar. 25, 2020 to Apr. 24, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closure
Functions reached: JS all commercial and residential sites stopped; SB; OW; BD; PM
Grade: Primary source read
Days in this quarter: 31

In general, commercial and residential construction is not authorized under the Proclamation because construction is not considered to be an essential activity. However, an exception to the order allows for construction in the following limited circumstances: a) Construction related to essential activities as described in the order; b) To further a public purpose related to a public entity or governmental function or facility, including but not limited to publicly financed low-income housing; or c) To prevent spoliation and avoid damage or unsafe conditions, and address emergency repairs at both non-essential businesses and residential structures.

Enforcement: Proclamation 20-25: violation a gross misdemeanor under RCW 43.06.220(5)

Citation: Governor Jay Inslee, Memorandum to Interested Stakeholders: Construction Guidance - Stay Home, Stay Healthy Proclamation (20-25) (Mar. 25, 2020) (Ex. SEC-09-004) Open the exhibit

Ex. SEC-09-030

Addendum 6 to Executive Order 01-20 (Stay Home / Stay Safe)

Suspension of in-person business operations; construction limited to COVID-19 response and critical infrastructure

Governor Philip B. Scott, Vermont (State)

Dates: In force from Mar. 25, 2020 to Apr. 20, 2020 (issued Mar. 24, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandate
Functions reached: JS (all construction suspended except critical); SB; OW; BD; PM; CB
Grade: Primary source read
Days in this quarter: 27

3. Except as set forth below, effective Wednesday, March 25, 2020 at 5 p.m., subject to closures and limitations provided in prior orders, all businesses and not-for-profit entities in the state shall suspend in-person business operations... 6. Services or functions in Vermont deemed critical to public health and safety, as well as economic and national security include:... d. construction necessary to support the COVID-19 response and maintain critical infrastructure

Enforcement: 20 V.S.A. s. 8

Citation: Governor Philip B. Scott, Addendum 6 to Executive Order 01-20 (Stay Home / Stay Safe) (Mar. 24, 2020) (Ex. SEC-09-030) Open the exhibit

Ex. SEC-09-001

Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section)

ESD essential business guidance under EO 202.6 (construction revised Mar. 27, 2020; page updated Oct. 23, 2020)

Empire State Development Corporation (under Executive Order 202.6), New York (State)

Dates: In force from Mar. 27, 2020 to May 15, 2020 (issued Mar. 20, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureWorkplace rules
Functions reached: JS job sites limited to essential projects; SB; OW; BD; PM (DOB permitting limited to essential work)
Grade: Primary source read
Days in this quarter: 50

All non-essential construction is limited to only staging activities in regions that are not yet within the first phase of the state's reopening plan, except emergency construction... construction for, or your business provides necessary support for construction projects involving, roads, bridges, transit facilities, utilities, hospitals or healthcare facilities, homeless shelters, or public or private schools... construction for affordable housing... construction work that is being completed by a single worker who is the sole employee/worker on the job site... Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close.

Enforcement: EO 202.8 (violations subject to civil penalties and mandatory closure under Exec. Law s. 29-a and Public Health Law s. 12); NYC DOB stop-work orders and fines (metro NYC file)

Citation: Empire State Development Corporation (under Executive Order 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section) (Mar. 20, 2020) (Ex. SEC-09-001) Open the exhibit

Ex. SEC-09-032

Executive Order 2020-42 (Stay Home, Stay Safe extension)

Extension of stay-home order; store restrictions on non-essential goods

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 9, 2020 to Apr. 24, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureCapacity limitSupply chain
Functions reached: SC (paint, flooring, garden materials unavailable at large retailers); JS (construction remained non-critical); CB
Grade: Primary source read
Days in this quarter: 16

(c) For stores of less than 50,000 square feet of customer floor space, limit the number of people in the store (including employees) to 25% of the total occupancy limits... (d) For stores of more than 50,000 square feet:... 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.

Enforcement: Misdemeanor (MCL 10.33; MCL 30.405(3))

Citation: Governor Gretchen Whitmer, Executive Order 2020-42 (Stay Home, Stay Safe extension) (Apr. 9, 2020) (Ex. SEC-09-032) Open the exhibit

Ex. SEC-09-002

Executive Order No. 122

Ceasing non-essential construction; imposing mitigation requirements on essential construction, manufacturing, warehousing and essential retail

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Apr. 10, 2020 to May 18, 2020 (issued Apr. 8, 2020)
Quarters: 2020 Q2
Limitations: Business closureCapacity limitGathering capFace-covering requirementWorkplace rules
Functions reached: JS job sites ceased; SB subcontractors idled; OW owners' projects suspended; SC manufacturers and warehouses under mandatory policies; BD worksite meetings under ten; visitors prohibited; HR/WF screening; send home symptomatic workers; OP
Grade: Primary source read
Days in this quarter: 39

2. The physical operations of all non-essential construction projects shall cease when this Order takes effect. 'Essential construction projects' shall be defined as the following: a. Projects necessary for the delivery of health care services... b. Transportation projects, including roads, bridges, and mass transit... [f.] individual apartment unit where an individual already resides, with a construction crew of 5 or fewer individuals... m. Any work on a non-essential construction project that is required to physically secure the site... 3. Manufacturing businesses, warehousing businesses, and businesses engaged in essential construction projects must adopt policies that include, at minimum, the following requirements: a. Prohibit non-essential visitors from entering the worksite; b. Limit worksite meetings, inductions, and workgroups to groups of fewer than ten individuals...

Enforcement: Para. 8: 'Penalties for violations of this Executive Order may be imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50.'

Citation: Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-09-002) Open the exhibit

Ex. SEC-09-027

Addendum 10 to Executive Order 01-20 (Work Smart & Stay Safe - Restart VT: Phase I)

Micro-crews of two for outdoor work and construction in unoccupied structures

Governor Philip B. Scott, Vermont (State)

Dates: In force from Apr. 20, 2020 to Apr. 24, 2020 (issued Apr. 17, 2020)
Quarters: 2020 Q2
Limitations: Business closureCapacity limitWorkplace rules
Functions reached: JS (two persons per job); SB; CB (occupied homes off-limits); HR
Grade: Primary source read
Days in this quarter: 5

ACCD, in consultation with VDH and the DPS/VEM shall issue guidance, which authorizes 'micro-crews,' or no more than two (2) persons per location/job, to perform outdoor work and construction work in unoccupied structures.

Enforcement: 20 V.S.A. s. 8; EO 01-20 (enforcement by law enforcement; licensing consequences)

Citation: Governor Philip B. Scott, Addendum 10 to Executive Order 01-20 (Work Smart & Stay Safe - Restart VT: Phase I) (Apr. 17, 2020) (Ex. SEC-09-027) Open the exhibit

Ex. SEC-09-005

Phase 1 Construction Restart COVID-19 Job Site Requirements

Low-risk construction work resumes only under posted exposure control, mitigation and recovery plan

Governor Jay Inslee (with L&I), Washington (State)

Dates: In force from Apr. 24, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureWorkplace rules
Functions reached: JS; SB; HR (screening, training); OP (plan, posting)
Grade: Primary source read
Days in this quarter: 68 (in force on the last day)

Any existing construction projects complying with the points below may resume only those work activities that do not require workers to be closer than six-feet together. If a work activity requires workers to be closer than six-feet, it is not considered low-risk and is not authorized... Prior to recommencing work all contractors are required to develop and post at each job site a comprehensive COVID-19 exposure control, mitigation, and recovery plan... Failure to meet posting requirements will result in sanctions, including the job being shut down.

Enforcement: Job shutdown; RCW 49.17.060 duties enforced by L&I

Citation: Governor Jay Inslee (with L&I), Phase 1 Construction Restart COVID-19 Job Site Requirements (Apr. 24, 2020) (Ex. SEC-09-005) Open the exhibit

Ex. SEC-09-009

Amendments of Apr. 20, 2020 to the Orders closing businesses that are not life sustaining (construction permitted from May 1, 2020)

April 20, 2020 amendments to the Business Closure Orders

Governor Tom Wolf; Secretary of Health, Pennsylvania (State)

Dates: In force from May 1, 2020 to June 30, 2020 (issued Apr. 20, 2020)
Quarters: 2020 Q2
Limitations: Business closureWorkplace rules
Functions reached: JS
Grade: Confirmed from a secondary source
Days in this quarter: 61 (in force on the last day)

Citation: Governor Tom Wolf; Secretary of Health, Amendments of Apr. 20, 2020 to the Orders closing businesses that are not life sustaining (construction permitted from May 1, 2020) (Ex. SEC-09-009)

Ex. SEC-09-026

Letter to All Interested/Affected Parties: incremental expansion of allowed construction

Boston phased construction restart (May 5, May 18, May 26, 2020)

Patrick I. Brophy, Chief of Operations, Office of the Mayor, City of Boston (City)

Dates: In force from May 5, 2020 to May 26, 2020
Quarters: 2020 Q2
Limitations: Business closureWorkplace rules
Functions reached: JS; PM; SB; OW
Grade: Primary source read
Days in this quarter: 22

As of April 27, all construction sites that are allowed to operate have been required to submit a COVID-19 Safety Plan and a signed COVID-19 Safety Affidavit... May 5, 2020 - Essential construction projects with approved safety plans and signed affidavits... will be authorized to prepare the site... May 18, 2020 - The City of Boston will allow essential construction project on sites that meet the following criteria... the work is for hospitals, public schools, residential buildings [1-3 units], road and utility work, or other outdoor/open air-work such as steel erection, roofing and constructing foundations. May 26, 2020 - The City of Boston will allow all essential construction projects to re-commence construction activities in adherence to their safety plans... At no time will the City of Boston permit any construction beyond what is allowed by the Commonwealth of Massachusetts as an…

Enforcement: ISD and PWD inspectors; suspension, termination, permit revocation

Citation: Patrick I. Brophy, Chief of Operations, Office of the Mayor, Letter to All Interested/Affected Parties: incremental expansion of allowed construction (May 5, 2020) (Ex. SEC-09-026) Open the exhibit

Ex. SEC-09-024

Temporary Guidance for Construction in the City of Boston (construction moratorium)

Boston non-essential construction pause

Mayor Martin J. Walsh; Inspectional Services Department; Public Works Department, City of Boston (City)

Dates: In force from Mar. 17, 2020 to May 26, 2020 (issued Mar. 16, 2020)
Quarters: 2020 Q2
Limitations: Business closure
Functions reached: JS; PM (no new permits); SB; OW; BD
Grade: Primary source read
Days in this quarter: 71

On March 16, the City of Boston announced that it would temporarily pause some non-essential construction in the City of Boston... The City will still allow work that is essential to the safety and well-being of our residents at this time... Emergency utility, road or building work...; New utility connections to occupied buildings; Mandated building or utility work; Work at public health facilities, healthcare facilities, shelters...; Work which ensures the reliability of the transportation network; Other work necessary to render occupied residential buildings fully habitable... This policy is effective as of March 17... New projects cannot be started at this time, unless they meet the criteria above. Any currently permitted and active construction project must be in a secure situation by Monday, March 23.

Enforcement: Permit conditions; ISD and PWD stop-work authority

Citation: Mayor Martin J. Walsh; Inspectional Services Department; Public Works Department, Temporary Guidance for Construction in the City of Boston (construction moratorium) (Mar. 16, 2020) (Ex. SEC-09-024) Open the exhibit

Ex. SEC-09-007

Industry Operation Guidance: Life-Sustaining Businesses list accompanying the Mar. 19, 2020 Orders closing all businesses that are not life sustaining

Life-Sustaining Business list (version captured Mar. 20, 2020)

Governor Tom Wolf; Secretary of Health Rachel Levine, Pennsylvania (State)

Dates: In force from Mar. 19, 2020 to May 1, 2020
Quarters: 2020 Q2
Limitations: Business closureSupply chain
Functions reached: JS all construction stopped; SC lumber and wood products closed; SB; OW; BD; PM
Grade: Primary source read
Days in this quarter: 44

Construction of Buildings | Residential Building Construction | No; Nonresidential Building Construction | No; Utility Subsystem Construction | No; Heavy and Civil Engineering Construction | Land Subdivision | No; Highway, Street, and Bridge Construction | No; Other Heavy and Civil Engineering Construction | No; Specialty Trade Contractors | Building Equipment Contractors | No; Other Specialty Trade Contractors | No; Sawmills and Wood Preservation | No; Veneer, Plywood, and Engineered Wood Product Manufacturing | No; Other Wood Product Manufacturing | No; Cement and Concrete Product Manufacturing | Yes; Lumber and Other Construction Materials Merchant Wholesalers | No; Hardware, and Plumbing and Heating Equipment and Supplies | Yes; Building Material and Supplies Dealers | Yes

Enforcement: Governor's order: enforcement by Pennsylvania State Police, local officials, Department of Health, Liquor Control Board and Agriculture; citations, fines and license suspensions (State file PA)

Citation: Governor Tom Wolf; Secretary of Health Rachel Levine, Industry Operation Guidance: Life-Sustaining Businesses list accompanying the Mar. 19, 2020 Orders closing all businesses that are not life sustaining (Ex. SEC-09-007) Open the exhibit

Ex. SEC-09-022

LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites

LADBS construction site COVID-19 requirements

Los Angeles Department of Building and Safety, City of Los Angeles (City)

Dates: In force from Mar. 31, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Gathering capWorkplace rules
Functions reached: JS; PM (inspections withheld); BD (gatherings precluded); HR; SB
Grade: Primary source read
Days in this quarter: 92 (in force on the last day)

Construction industry employers shall develop a comprehensive COVID-19 exposure control plan, which includes control measures such as social distancing; symptom checking; hygiene; decontamination procedures, and training... Failure to comply with this guidance shall be deemed as creating unsafe conditions and may result in withheld inspections or shutting down the construction site until corrected... The owner/contractor shall designate a site specific COVID-19 Supervisor... Preclude gatherings of any size... Maintain a daily attendance log of all workers and visitors.

Enforcement: Withheld inspections; site shutdown; LADBS verification at scheduled inspections and on complaints

Citation: Los Angeles Department of Building and Safety, LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Mar. 31, 2020) (Ex. SEC-09-022) Open the exhibit

Ex. SEC-09-025

COVID-19 Safety Plan - Compliance Affidavit (with Construction Site Best Practices Worksheet, Exhibit A)

Boston construction COVID-19 safety affidavit

City of Boston (ISD / PWD), City of Boston (City)

Dates: In force from Apr. 27, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Workplace rules
Functions reached: JS; PM; SB (each subcontractor certified); OP
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

The undersigned Permittee ('Contractor') certifies the following under the pains and penalties of perjury... it will comply with the Commonwealth of Massachusetts COVID-19 Guidelines and Procedures for All Construction Sites and Workers at All Public Work... The Contractor agrees that the COVID-19 Safety Plan shall be in place and submitted to ISD or Public Works before any work may begin... non-compliance with any of the requirements above, including failure to abide by its own COVID-19 Safety Plan, may result in suspension or termination of work in progress or revocation of the City's permit for such work.

Enforcement: Suspension or termination of work; permit revocation; perjury

Citation: City of Boston (ISD / PWD), COVID-19 Safety Plan - Compliance Affidavit (with Construction Site Best Practices Worksheet, Exhibit A) (Apr. 27, 2020) (Ex. SEC-09-025) Open the exhibit

Ex. SEC-09-028

Addendum 11 to Executive Order 01-20 (Phase II)

Crews of five; manufacturing and distribution of five; outdoor retail of ten

Governor Philip B. Scott, Vermont (State)

Dates: In force from Apr. 27, 2020 to May 4, 2020 (issued Apr. 24, 2020)
Quarters: 2020 Q2
Limitations: Capacity limitWorkplace rules
Functions reached: JS; SB; SC (suppliers capped at five); HR
Grade: Primary source read
Days in this quarter: 8

a. 'Micro-crews,' or no more than five (5) persons per location/job, to perform outdoor work and construction work in unoccupied structures. b. Manufacturing and distribution operations may resume with a maximum of 5 (five) employees in any location if they are low-density and ensure employees are at least six feet apart at all times.

Enforcement: 20 V.S.A. s. 8

Citation: Governor Philip B. Scott, Addendum 11 to Executive Order 01-20 (Phase II) (Apr. 24, 2020) (Ex. SEC-09-028) Open the exhibit

Ex. SEC-09-008

Guidance for Businesses in the Construction Industry Permitted to Operate During the COVID-19 Disaster Emergency

Mandatory construction guidance (issued Apr. 23, 2020; effective May 1, 2020)

Governor Tom Wolf; Secretary of Health, Pennsylvania (State)

Dates: In force from May 1, 2020 to May 31, 2021 (issued Apr. 23, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitGathering capFace-covering requirementWorkplace rules
Functions reached: JS headcount caps and site rules; SB (caps count subcontractors); BD (gatherings of 10; virtual meetings); HR (screening; Pandemic Safety Officer); SC (limit supplier deliveries); WF (workers travel separately); PM (code inspectors excluded from count)
Grade: Primary source read
Days in this quarter: 61 (in force on the last day)

Previously, the Governor and Secretary of Health ordered most construction projects to cease unless they were supporting life-sustaining businesses or activities... Beginning May 1, 2020, all businesses in the construction industry in the Commonwealth... are permitted to maintain in-person operations pursuant to the Governor's and Secretary of Health's April 20, 2020 amendments to the Business Closure Orders so long as their activities strictly adhere to this guidance... All residential construction projects... may not permit more than four persons on the job site at any time inclusive of employees of both prime and sub contractors... enclosed projects or portions of enclosed projects, may not permit more than four persons on job sites of 2,000 square feet or less, and One additional person is allowed for each additional 500 square feet of enclosed area over 2,000 square feet... Ensure…

Enforcement: 'Enforcement actions against violators of the Governor's and Secretary of Health's Orders Closing Businesses That Are Not Life Sustaining commenced on March 23, 2020, and is ongoing.'

Citation: Governor Tom Wolf; Secretary of Health, Guidance for Businesses in the Construction Industry Permitted to Operate During the COVID-19 Disaster Emergency (Apr. 23, 2020) (Ex. SEC-09-008) Open the exhibit

Ex. SEC-09-029

Addendum 12 to Executive Order 01-20 (Phase III)

Crews of ten; full restart of manufacturing, construction and distribution May 11, 2020 with mandatory training

Governor Philip B. Scott, Vermont (State)

Dates: In force from May 4, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitWorkplace rules
Functions reached: JS; SB; SC; HR (mandatory training)
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

a. Small crews of no more than ten (10) persons per location/job, to perform outdoor work and construction work in unoccupied job sites. An unoccupied job site may be a single unit in a commercial or residential structure... 6. Manufacturing, construction, and distribution operations. Subject to (1) compliance with the health and safety requirements set forth above and ACCD guidance and (2) the development of enhanced training programs as set forth above, effective May 11, 2020, manufacturing, construction, and distribution operations may restart with as few employees as necessary to permit full operations while continuing to maintain health and safety.

Enforcement: Para. 7: VOSHA, VDH and AAFM inspectors ensure compliance

Citation: Governor Philip B. Scott, Addendum 12 to Executive Order 01-20 (Phase III) (May 4, 2020) (Ex. SEC-09-029) Open the exhibit

Ex. SEC-09-040

Appendices A and B to the Order of the Health Officer of Apr. 29, 2020 (effective May 4, 2020): Social Distancing Protocol (updated Apr. 29, 2020); Appendix B-1 Small Construction Project Safety Protocol; Appendix B-2 Large Construction Project Safety Protocol

Bay Area construction project safety protocols (May 4, 2020)

Health Officer Dr. Sara H. Cody, Santa Clara County (parallel Bay Area orders) (County)

Dates: In force from May 4, 2020 to May 18, 2020 (issued Apr. 29, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitGathering capWorkplace rules
Functions reached: JS; SB; PM; HR (screening; PPE); CB (occupied residences)
Grade: Primary source read
Days in this quarter: 15

1. Any construction project meeting any of the following specifications is subject to this Small Construction Project Safety Protocol ('SCP Protocol'), including public works projects... 2. The following restrictions and requirements must be in place at all construction job sites subject to this SCP Protocol:... designated COVID-19 supervisor must be present on the construction site at all times during construction activities... f. Where construction work occurs within an occupied residential unit, separate work areas... [Appendix B-2:] The SCO [COVID-19 Safety Compliance Officer] must not permit any construction activity to continue without bringing such [violations into compliance]

Enforcement: Misdemeanor; local enforcement; project shutdown by the SCO/jobsite safety accountability supervisor

Citation: Health Officer Dr. Sara H. Cody, Appendices A and B to the Order of the Health Officer of Apr. 29, 2020 (effective May 4, 2020): Social Distancing Protocol (updated Apr. 29, 2020); Appendix B-1 Small Construction Project Safety Protocol; Appendix B-2 Large Construction Project Safety Protocol (Ex. SEC-09-040) Open the exhibit

Ex. SEC-09-017

Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency (NY Forward)

NY Forward construction guidance (Phase 1; version as of June 26, 2020)

New York State (Governor's Office; Department of Health; Empire State Development) under NY Forward, New York (State)

Dates: In force from May 15, 2020 to June 15, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitGathering capFace-covering requirementWorkplace rules
Functions reached: JS; SB; HR (screening; training); BD (meetings limited; visitors); OP (Site Safety Plan); WF
Grade: Primary source read
Days in this quarter: 47 (in force on the last day)

These guidelines are minimum requirements only and any employer is free to provide additional precautions or increased restrictions... Construction sites must adhere to all local, state and federal requirements relative to construction activities. All construction-involved entities are also accountable for staying current with any updates to these requirements, as well as incorporating same into any construction activities and/or Site Safety Plan... as indoor and outdoor construction sites reopen.

Enforcement: EO 202.8 and Public Health Law s. 12 penalties; affirmation of compliance required; local enforcement (NYC DOB)

Citation: New York State (Governor's Office; Department of Health; Empire State Development) under NY Forward, Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency (NY Forward) (May 15, 2020) (Ex. SEC-09-017) Open the exhibit

Ex. SEC-09-003

Executive Order No. 142

Permitting resumption of non-essential construction subject to mandatory site policies; curbside retail; drive-in gatherings

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from May 18, 2020 to Nov. 5, 2020 (issued May 13, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Gathering capFace-covering requirementWorkplace rules
Functions reached: JS sites reopened only under mandatory policies; SB; BD; HR
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

1. The physical operations of all construction projects that were not designated as essential in Executive Order No. 122 (2020) are permitted to resume, subject to the conditions in paragraph 2 of this Order. 2. All businesses engaged in construction projects in the State, whether or not the projects were designated as essential under Executive Order No. 122 (2020), must adopt policies that include, at minimum, the following requirements: a. Prohibit non-essential visitors from entering the worksite; b. Engage in appropriate social distancing measures...

Enforcement: N.J.S.A. App. A:9-49 and -50 (as in EO 122)

Citation: Governor Philip D. Murphy, Executive Order No. 142 (May 13, 2020) (Ex. SEC-09-003) Open the exhibit

Ex. SEC-09-034

Executive Order 2020-97 (Safeguards to protect Michigan's workers from COVID-19)

Workplace safeguards; section 3 construction requirements

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from May 21, 2020 to Sept. 25, 2020
Quarters: 2020 Q22020 Q3
Limitations: Face-covering requirementWorkplace rules
Functions reached: JS; SB (contractors screened); SC (suppliers screened at entry); HR; OP
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

3.

Enforcement: Misdemeanor; MIOSHA enforcement under MCL 408.1011 (general duty)

Citation: Governor Gretchen Whitmer, Executive Order 2020-97 (Safeguards to protect Michigan's workers from COVID-19) (May 21, 2020) (Ex. SEC-09-034) Open the exhibit

Ex. SEC-09-035

Addendum 13 to Executive Order 01-20 (Play Smart and Play Safe)

Outdoor recreation reopening; 14-day quarantine for persons entering Vermont

Governor Philip B. Scott, Vermont (State)

Dates: In force from May 6, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Gathering capTravel and quarantineQuarantine and isolation
Functions reached: WF (out-of-State crews quarantined); HR; JS (traveling superintendents)
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

Enforcement: 20 V.S.A. s. 8

Citation: Governor Philip B. Scott, Addendum 13 to Executive Order 01-20 (Play Smart and Play Safe) (May 6, 2020) (Ex. SEC-09-035) Open the exhibit

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

Federal layer

Ex. FED-029

No Sail Order; Second Modification and Extension (July 16, 2020)

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-168

CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022)

QSO-20-38-NH (Aug. 26, 2020)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid LTC facilities) (Federal)

Dates: In force from Aug. 26, 2020 to Sept. 23, 2022
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC/RS nursing homes (home-care-senior-living); HR/WF of every contractor and agency worker serving nursing homes (staffing PL; hospice and home health HC; therapy; physicians CL; personal services SL); OF
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

Specifically, facilities are required to test residents and staff, including individuals providing services under arrangement and volunteers, for COVID-19 based on parameters set forth by the HHS Secretary. This memorandum provides guidance for facilities to meet the new requirements.... Routine Testing of Staff: Routine testing should be based on the extent of the virus in the community, therefore facilities should use their county positivity rate in the prior week as the trigger for staff testing frequency. [Table: county positivity Low (<5%) - Once a month; Medium (5%-10%) - Once a week; High (>10%) - Twice a week.]... (5) Have procedures for addressing residents and staff, including individuals providing services under arrangement and volunteers, who refuse testing or are unable to be tested.

Enforcement: F-tag F886 citations; civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168) Open the exhibit

Ex. FED-092

CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022)

Medicare and Medicaid Programs, Clinical Laboratory Improvement Amendments (CLIA), and Patient Protection and Affordable Care Act; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 54820 (Sept. 2, 2020)

Centers for Medicare & Medicaid Services, HHS, United States (Medicare and Medicaid long-term care facilities; hospitals and CAHs; CLIA laboratories) (Federal)

Dates: In force from Sept. 2, 2020 to May 11, 2023
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: RS residential care and IC infection control (nursing homes: mandatory routine staff testing keyed to county positivity, FED-168); HR/WF of nursing homes and of every contractor, therapist, hospice worker, agency nurse and vendor 'providing services under arrangement' (staffing agencies PL; home health HC; physicians CL); IP/ED hospitals (federal daily reporting)
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

This interim final rule with comment period (IFC) revises regulations to strengthen CMS' ability to enforce compliance with Medicare and Medicaid long-term care (LTC) facility requirements for reporting information related to coronavirus disease 2019 (COVID-19), establishes a new requirement for LTC facilities for COVID-19 testing of facility residents and staff, establishes new requirements in the hospital and critical access hospital (CAH) Conditions of Participation (CoPs) for tracking the incidence and impact of COVID-19... § 483.80(h): The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: F-tag F886 citations and civil money penalties for LTC facilities; hospital CoP enforcement (42 C.F.R. § 482.42(e)); CLIA sanctions

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092) Open the exhibit

Ex. FED-172

Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)

Paid Leave Under the Families First Coronavirus Response Act, 85 Fed. Reg. 57677 (Sept. 16, 2020)

Wage and Hour Division, U.S. Department of Labor, United States (Federal)

Dates: In force from Sept. 16, 2020 to Dec. 31, 2020 (issued Sept. 11, 2020)
Quarters: 2020 Q32020 Q4
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF; HR (health care employers lost the broad exclusion from Sept. 16, 2020)
Grade: Primary source read
Days in this quarter: 15 (in force on the last day)

DATES: This rule is effective from September 16, 2020 through December 31, 2020.... On August 3, 2020, the District Court ruled that four parts of the temporary rule are invalid: (1) The requirement under § 826.20 that paid sick leave and expanded family and medical leave are available only if an employee has work from which to take leave; (2) the requirement under § 826.50 that an employee may take FFCRA leave intermittently only with employer approval; (3) the definition of an employee who is a 'health care provider,' set forth in § 826.30(c)(1), whom an employer may exclude from being eligible for FFCRA leave; and (4) the statement in § 826.100 that employees who take FFCRA leave must provide their employers with certain documentation before taking leave.

Enforcement: FLSA enforcement

Citation: Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172) Open the exhibit

Ex. FED-333

General Order 72-6

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

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

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

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

Enforcement: court order

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

Ex. FED-030

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-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

Continuing in force from an earlier quarter of this report (26 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-097	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	In force from Mar. 13, 2020 to Sept. 17, 2020	Business closureGathering capHealth care orders
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-390	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	In force from Mar. 17, 2020 to Oct. 22, 2020	Business closure
Ex. FED-266	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	In force from Mar. 20, 2020 to Dec. 31, 2020	Telework mandateWorkplace rules
Ex. FED-391	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	In force from Mar. 23, 2020 to Sept. 30, 2020	Business closureCourts and public offices
Ex. FED-170	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-028	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)	Business closureTravel and quarantineEvents and venues
Ex. FED-192	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	In force from Apr. 16, 2020 to Sept. 30, 2020	Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-268	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-393	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)	Business closure
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
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

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 Construction

Ex. SEC-09-012

16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19

Virginia COVID-19 Emergency Temporary Standard (adopted July 15, 2020; effective July 27, 2020)

Virginia Safety and Health Codes Board; Department of Labor and Industry (VOSH), Virginia (Sector regulator)

Dates: In force from July 27, 2020 to Jan. 27, 2021 (issued July 15, 2020)
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: JS (medium-risk controls: distancing, PPE, sanitation, notification); HR (training; plans for 11+ employees); OP; WF (return-to-work rules)
Grade: Primary source read
Days in this quarter: 66 (in force on the last day)

16VAC25-220-10.C. This standard adopted in accordance with s. 40.1-22(6a) of the Code of Virginia shall apply to every employer, employee, and place of employment in the Commonwealth of Virginia within the jurisdiction of the VOSH program... 'Medium' exposure risk hazards or job tasks... may include, but are not limited to, operations and services in:... manufacturing settings; indoor and outdoor construction settings... 16VAC25-220-20... This emergency temporary standard shall expire within six months of its effective date, upon expiration of the Governor's State of Emergency, or when superseded by a permanent standard, whichever occurs first

Enforcement: VOSH citations and civil penalties (Va. Code s. 40.1-49.4)

Citation: Virginia Safety and Health Codes Board; Department of Labor and Industry (VOSH), 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 15, 2020) (Ex. SEC-09-012) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-09-001	Empire State Development Corporation (under Executive Order 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section) (Mar. 20, 2020) (Ex. SEC-09-001)	In force from Mar. 27, 2020 to May 15, 2020 (issued Mar. 20, 2020)	Business closureWorkplace rules
Ex. SEC-09-005	Governor Jay Inslee (with L&I), Phase 1 Construction Restart COVID-19 Job Site Requirements (Apr. 24, 2020) (Ex. SEC-09-005)	In force from Apr. 24, 2020 to June 30, 2021	Business closureWorkplace rules
Ex. SEC-09-022	Los Angeles Department of Building and Safety, LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Mar. 31, 2020) (Ex. SEC-09-022)	In force from Mar. 31, 2020 to June 30, 2021	Gathering capWorkplace rules
Ex. SEC-09-025	City of Boston (ISD / PWD), COVID-19 Safety Plan - Compliance Affidavit (with Construction Site Best Practices Worksheet, Exhibit A) (Apr. 27, 2020) (Ex. SEC-09-025)	In force from Apr. 27, 2020 to Dec. 31, 2020	Workplace rules
Ex. SEC-09-008	Governor Tom Wolf; Secretary of Health, Guidance for Businesses in the Construction Industry Permitted to Operate During the COVID-19 Disaster Emergency (Apr. 23, 2020) (Ex. SEC-09-008)	In force from May 1, 2020 to May 31, 2021 (issued Apr. 23, 2020)	Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-09-029	Governor Philip B. Scott, Addendum 12 to Executive Order 01-20 (Phase III) (May 4, 2020) (Ex. SEC-09-029)	In force from May 4, 2020 to Sept. 30, 2020	Capacity limitWorkplace rules
Ex. SEC-09-040	Health Officer Dr. Sara H. Cody, Appendices A and B to the Order of the Health Officer of Apr. 29, 2020 (effective May 4, 2020): Social Distancing Protocol (updated Apr. 29, 2020); Appendix B-1 Small Construction Project Safety Protocol; Appendix B-2 Large Construction Project Safety Protocol (Ex. SEC-09-040)	In force from May 4, 2020 to May 18, 2020 (issued Apr. 29, 2020)	Capacity limitGathering capWorkplace rules
Ex. SEC-09-017	New York State (Governor's Office; Department of Health; Empire State Development) under NY Forward, Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency (NY Forward) (May 15, 2020) (Ex. SEC-09-017)	In force from May 15, 2020 to June 15, 2021	Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-09-003	Governor Philip D. Murphy, Executive Order No. 142 (May 13, 2020) (Ex. SEC-09-003)	In force from May 18, 2020 to Nov. 5, 2020 (issued May 13, 2020)	Gathering capFace-covering requirementWorkplace rules
Ex. SEC-09-034	Governor Gretchen Whitmer, Executive Order 2020-97 (Safeguards to protect Michigan's workers from COVID-19) (May 21, 2020) (Ex. SEC-09-034)	In force from May 21, 2020 to Sept. 25, 2020	Face-covering requirementWorkplace rules
Ex. SEC-09-035	Governor Philip B. Scott, Addendum 13 to Executive Order 01-20 (Play Smart and Play Safe) (May 6, 2020) (Ex. SEC-09-035)	In force from May 6, 2020 to June 30, 2021	Gathering capTravel and quarantineQuarantine and isolation

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-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: 13 (in force on the first day)

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 (34 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-390	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	In force from Mar. 17, 2020 to Oct. 22, 2020	Business closure
Ex. FED-266	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	In force from Mar. 20, 2020 to Dec. 31, 2020	Telework mandateWorkplace rules
Ex. FED-170	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-268	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-172	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	In force from Sept. 16, 2020 to Dec. 31, 2020 (issued Sept. 11, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-030	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	In force from Sept. 30, 2020 to Oct. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-367	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	In force from Mar. 16, 2020 to Apr. 1, 2021	Other
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
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

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 Construction

Ex. SEC-09-023

Executive Order No. 192

Mandatory health and safety protocols for all employers with on-site employees

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Nov. 5, 2020 to June 4, 2021 (issued Oct. 28, 2020)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rules
Functions reached: JS; OP; HR; WF
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

1. Effective at 6:00 a.m. on Thursday, November 5, 2020, every business, non-profit, and governmental or educational entity... that requires or permits its workforce... to be physically present at a worksite... must abide by the following requirements: [distancing of six feet; face masks; sanitization materials; hand washing breaks; routine cleaning]... f. Prior to each shift, conduct daily health checks of employees

Enforcement: N.J.S.A. App. A:9-49, -50; DOL/DOH enforcement mechanism under EO 192 para. 3-5

Citation: Governor Philip D. Murphy, Executive Order No. 192 (Oct. 28, 2020) (Ex. SEC-09-023) Open the exhibit

Ex. SEC-09-013

OAR 437-001-0744, Addressing COVID-19 Workplace Risks (temporary rule, Administrative Order 3-2020)

Oregon OSHA temporary COVID-19 rule for all workplaces

Oregon OSHA (Department of Consumer and Business Services), Oregon (Sector regulator)

Dates: In force from Nov. 16, 2020 to May 4, 2021 (issued Nov. 6, 2020)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: JS; OP; HR (training; infection control plan; exposure risk assessment); WF (notification and quarantine)
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

Unless otherwise indicated, the rule's provisions take effect November 16, 2020. The rule will remain in effect until May 4, 2021, unless revised or repealed... (1)(a) This rule applies to all employees working in places of employment... (3) COVID-19 Requirements for All Workplaces... (b) Mask, face covering, or face shield requirements. Each employer must ensure that all individuals... at the workplace... wear a mask, face covering, or face shield as source control

Enforcement: Oregon OSHA citations and civil penalties (ORS 654.086)

Citation: Oregon OSHA (Department of Consumer and Business Services), OAR 437-001-0744, Addressing COVID-19 Workplace Risks (temporary rule, Administrative Order 3-2020) (Nov. 6, 2020) (Ex. SEC-09-013) Open the exhibit

Ex. SEC-09-010

8 CCR s. 3205, COVID-19 Prevention (section page with History note)

Title 8 s. 3205 as published with History 1-7 (emergency filings Nov. 30, 2020; June 17, 2021; Jan. 5, 2022)

Occupational Safety and Health Standards Board / Cal/OSHA (Department of Industrial Relations), California (Sector regulator)

Dates: In force from Nov. 30, 2020 to Feb. 3, 2023
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: JS; WF (exclusion of exposed workers); HR; OP
Grade: Primary source read
Days in this quarter: 32 (in force on the last day)

History: 1. New section filed 11-30-2020 as an emergency; operative 11-30-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2020, No. 49)... 4. New section refiled with amendments 6-17-2021 as an emergency; operative 6-17-2021 pursuant to Executive Order N-09-21 (Register 2021, No. 25)... 5. New section, including amendments, refiled 1-5-2022 as an emergency; operative 1-14-2022 (Register 2022, No. 1).

Enforcement: Cal/OSHA citations and penalties (Labor Code s. 6317 et seq.)

Citation: Occupational Safety and Health Standards Board / Cal/OSHA (Department of Industrial Relations), 8 CCR s. 3205, COVID-19 Prevention (section page with History note) (Nov. 30, 2020) (Ex. SEC-09-010) Open the exhibit

Ex. SEC-09-011

COVID-19 Prevention Emergency Temporary Standards, 8 CCR ss. 3205-3205.4, approved text (OAL approval Nov. 30, 2020)

Cal/OSHA ETS approved text (Nov. 30, 2020)

Occupational Safety and Health Standards Board, California (Sector regulator)

Dates: In force from Nov. 30, 2020 to June 17, 2021 (issued Nov. 19, 2020)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: JS; WF; HR; OP
Grade: Primary source read
Days in this quarter: 32 (in force on the last day)

Enforcement: Cal/OSHA citations

Citation: Occupational Safety and Health Standards Board, COVID-19 Prevention Emergency Temporary Standards, 8 CCR ss. 3205-3205.4, approved text (OAL approval Nov. 30, 2020) (Nov. 19, 2020) (Ex. SEC-09-011) Open the exhibit

Continuing in force from an earlier quarter of this report (10 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-09-001	Empire State Development Corporation (under Executive Order 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section) (Mar. 20, 2020) (Ex. SEC-09-001)	In force from Mar. 27, 2020 to May 15, 2020 (issued Mar. 20, 2020)	Business closureWorkplace rules
Ex. SEC-09-005	Governor Jay Inslee (with L&I), Phase 1 Construction Restart COVID-19 Job Site Requirements (Apr. 24, 2020) (Ex. SEC-09-005)	In force from Apr. 24, 2020 to June 30, 2021	Business closureWorkplace rules
Ex. SEC-09-022	Los Angeles Department of Building and Safety, LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Mar. 31, 2020) (Ex. SEC-09-022)	In force from Mar. 31, 2020 to June 30, 2021	Gathering capWorkplace rules
Ex. SEC-09-025	City of Boston (ISD / PWD), COVID-19 Safety Plan - Compliance Affidavit (with Construction Site Best Practices Worksheet, Exhibit A) (Apr. 27, 2020) (Ex. SEC-09-025)	In force from Apr. 27, 2020 to Dec. 31, 2020	Workplace rules
Ex. SEC-09-008	Governor Tom Wolf; Secretary of Health, Guidance for Businesses in the Construction Industry Permitted to Operate During the COVID-19 Disaster Emergency (Apr. 23, 2020) (Ex. SEC-09-008)	In force from May 1, 2020 to May 31, 2021 (issued Apr. 23, 2020)	Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-09-040	Health Officer Dr. Sara H. Cody, Appendices A and B to the Order of the Health Officer of Apr. 29, 2020 (effective May 4, 2020): Social Distancing Protocol (updated Apr. 29, 2020); Appendix B-1 Small Construction Project Safety Protocol; Appendix B-2 Large Construction Project Safety Protocol (Ex. SEC-09-040)	In force from May 4, 2020 to May 18, 2020 (issued Apr. 29, 2020)	Capacity limitGathering capWorkplace rules
Ex. SEC-09-017	New York State (Governor's Office; Department of Health; Empire State Development) under NY Forward, Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency (NY Forward) (May 15, 2020) (Ex. SEC-09-017)	In force from May 15, 2020 to June 15, 2021	Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-09-003	Governor Philip D. Murphy, Executive Order No. 142 (May 13, 2020) (Ex. SEC-09-003)	In force from May 18, 2020 to Nov. 5, 2020 (issued May 13, 2020)	Gathering capFace-covering requirementWorkplace rules
Ex. SEC-09-012	Virginia Safety and Health Codes Board; Department of Labor and Industry (VOSH), 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 15, 2020) (Ex. SEC-09-012)	In force from July 27, 2020 to Jan. 27, 2021 (issued July 15, 2020)	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-09-035	Governor Philip B. Scott, Addendum 13 to Executive Order 01-20 (Play Smart and Play Safe) (May 6, 2020) (Ex. SEC-09-035)	In force from May 6, 2020 to June 30, 2021	Gathering capTravel and quarantineQuarantine and isolation

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

Federal layer

Ex. FED-060

Executive Order 13991

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

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

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

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

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

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

Ex. FED-062

Executive Order 13999

Protecting Worker Health and Safety, 86 Fed. Reg. 7211 (Jan. 26, 2021)

President Joseph R. Biden, Jr., United States (workplaces under the OSH Act) (Federal)

Dates: In force from Jan. 21, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Workplace rules
Functions reached: predicate for the OSHA layer; the ETS recites it
Grade: Primary source read
Days in this quarter: 70 (in force on the last day)

Sec. 2. Protecting Workers from COVID-19 Under the Occupational Safety and Health Act. The Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health... shall: (a) issue, within 2 weeks of the date of this order... revised guidance to employers on workplace safety during the COVID-19 pandemic; (b) consider whether any emergency temporary standards on COVID-19, including with respect to masks in the workplace, are necessary, and if such standards are determined to be necessary, issue them by March 15, 2021; (c) review the enforcement efforts of the Occupational Safety and Health Administration (OSHA) related to COVID-19...; (d) launch a national program to focus OSHA enforcement efforts related to COVID-19 on violations that put the largest number of workers at serious risk or are contrary to anti-retaliation principles

Enforcement: Through OSHA instruments: the National Emphasis Program (FED-082, FED-083), the Healthcare ETS (FED-080) and the vaccination-or-testing ETS (FED-086, post-period)

Citation: President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062) Open the exhibit

Ex. FED-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-020

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

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

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

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

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

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

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

Ex. FED-050

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

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

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

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

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

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

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

Ex. FED-053

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

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

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

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

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

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

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

Ex. FED-054

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

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

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

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

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

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

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

Ex. FED-055

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

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

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

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

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

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

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

Ex. FED-082

DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)

DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide; targeted industries by NAICS) (Federal)

Dates: In force from Mar. 12, 2021 to July 7, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Workplace rules
Functions reached: EMP/HR workplace COVID-19 controls in the targeted industries (hospitals, physician practices, dental, home care, agriculture-food processing, logistics-warehousing, retail grocery, restaurants)
Grade: Primary source read
Days in this quarter: 20 (in force on the last day)

This Direction describes policies and procedures for implementing a National Emphasis Program (NEP) to ensure that employees in high-hazard industries or work tasks are protected from the hazard of contracting SARS-CoV-2... The NEP augments OSHA's efforts addressing unprogrammed COVID-19-related activities, e.g., complaints, referrals, and severe incident reports, by adding a component to target specific high-hazard industries or activities where this hazard is prevalent. The NEP targets establishments that have workers with increased potential exposure to this hazard, and that puts the largest number of workers at serious risk.

Enforcement: Programmed OSHA inspections; citations under the general duty clause and existing standards; whistleblower referrals

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082) Open the exhibit

Ex. FED-280

Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions

Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions

Secretary of Defense Lloyd J. Austin III, United States (Department of Defense components worldwide) (Federal)

Dates: In force from Mar. 15, 2021 to Sept. 30, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rules
Functions reached: TV DoD official travel restricted installation by installation through 2021 Q3; CB defense contractors, hotels, conference venues and installation-town businesses dependent on DoD travel and access; MK DoD attendance at conferences and trade shows
Grade: Primary source read
Days in this quarter: 17 (in force on the last day)

Effective immediately, this memorandum cancels reference (a) through (c) and reissues travel restriction guidance for DoD Components that will remain in effect until further notice.... This guidance applies to all DoD Service members, civilian employees, dependents of Service members, and personnel whose travel is Government-funded, whether traveling domestically or internationally. Except as provided below, this travel guidance applies to all official travel, including temporary duty (TDY) travel; Government-funded leave travel; permanent duty travel... Conditions for Unrestricted Travel to DoD Installations, Facilities, and Locations... Removal of local travel restrictions; Availability of essential services...; Quality control/assurance capability for household goods packing and moving; and Favorable Health Protection Conditions (HPCON) (i.e., installations operating below HPCON C).

Enforcement: DoD directive to component heads and installation commanders

Citation: Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280) Open the exhibit

Ex. FED-305

Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-173

Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments)

Consolidated Appropriations Act, 2021 (relevant sections)

Congress (Pub. L. 116-260), United States (Federal)

Dates: In force from Mar. 31, 2021 to Mar. 31, 2021 (issued Dec. 27, 2020)
Quarters: 2021 Q1
Limitations: Workplace rulesOther
Functions reached: WF (leave became voluntary from Jan. 1, 2021; the mandate ended Dec. 31, 2020); PM (eviction moratorium continuity Jan. 1-31, 2021)
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

§ 286(a): Sections 7001(g), 7002(e), 7003(g), and 7004(e) of the Families First Coronavirus Response Act are each amended by striking 'December 31, 2020' and inserting 'March 31, 2021'.

Enforcement: Statute

Citation: Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173) Open the exhibit

Ex. FED-008

Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

Continuing in force from an earlier quarter of this report (27 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-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-268	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-303	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	In force from Nov. 25, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-367	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	In force from Mar. 16, 2020 to Apr. 1, 2021	Other
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain

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

Regulators of Construction

Ex. SEC-09-043

16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19

Virginia Permanent COVID-19 Standard

Virginia Safety and Health Codes Board, Virginia (Sector regulator)

Dates: In force from Jan. 27, 2021 to Sept. 8, 2021 (issued Jan. 13, 2021)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: JS; HR; OP
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

Enforcement: VOSH citations

Citation: Virginia Safety and Health Codes Board, 16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (Jan. 13, 2021) (Ex. SEC-09-043) Open the exhibit

Ex. SEC-09-018

Directive DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

OSHA COVID-19 National Emphasis Program

Occupational Safety and Health Administration, United States (Federal)

Dates: In force from Mar. 12, 2021 to July 7, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Workplace rules
Functions reached: JS (inspection posture); HR; OP
Grade: Primary source read
Days in this quarter: 20 (in force on the last day)

APPENDIX B: Secondary Target Industries for the COVID-19 NEP... 236XXX Construction of Buildings * Construction; 237XXX Heavy and Civil Engineering Construction * Construction; 238XXX Specialty Trade Contractors * Construction

Enforcement: Programmed and unprogrammed inspections; citations under the General Duty Clause and existing standards

Citation: Occupational Safety and Health Administration, Directive DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (Mar. 12, 2021) (Ex. SEC-09-018) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-09-001	Empire State Development Corporation (under Executive Order 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section) (Mar. 20, 2020) (Ex. SEC-09-001)	In force from Mar. 27, 2020 to May 15, 2020 (issued Mar. 20, 2020)	Business closureWorkplace rules
Ex. SEC-09-005	Governor Jay Inslee (with L&I), Phase 1 Construction Restart COVID-19 Job Site Requirements (Apr. 24, 2020) (Ex. SEC-09-005)	In force from Apr. 24, 2020 to June 30, 2021	Business closureWorkplace rules
Ex. SEC-09-022	Los Angeles Department of Building and Safety, LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Mar. 31, 2020) (Ex. SEC-09-022)	In force from Mar. 31, 2020 to June 30, 2021	Gathering capWorkplace rules
Ex. SEC-09-008	Governor Tom Wolf; Secretary of Health, Guidance for Businesses in the Construction Industry Permitted to Operate During the COVID-19 Disaster Emergency (Apr. 23, 2020) (Ex. SEC-09-008)	In force from May 1, 2020 to May 31, 2021 (issued Apr. 23, 2020)	Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-09-040	Health Officer Dr. Sara H. Cody, Appendices A and B to the Order of the Health Officer of Apr. 29, 2020 (effective May 4, 2020): Social Distancing Protocol (updated Apr. 29, 2020); Appendix B-1 Small Construction Project Safety Protocol; Appendix B-2 Large Construction Project Safety Protocol (Ex. SEC-09-040)	In force from May 4, 2020 to May 18, 2020 (issued Apr. 29, 2020)	Capacity limitGathering capWorkplace rules
Ex. SEC-09-017	New York State (Governor's Office; Department of Health; Empire State Development) under NY Forward, Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency (NY Forward) (May 15, 2020) (Ex. SEC-09-017)	In force from May 15, 2020 to June 15, 2021	Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-09-012	Virginia Safety and Health Codes Board; Department of Labor and Industry (VOSH), 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 15, 2020) (Ex. SEC-09-012)	In force from July 27, 2020 to Jan. 27, 2021 (issued July 15, 2020)	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-09-023	Governor Philip D. Murphy, Executive Order No. 192 (Oct. 28, 2020) (Ex. SEC-09-023)	In force from Nov. 5, 2020 to June 4, 2021 (issued Oct. 28, 2020)	Face-covering requirementWorkplace rules
Ex. SEC-09-013	Oregon OSHA (Department of Consumer and Business Services), OAR 437-001-0744, Addressing COVID-19 Workplace Risks (temporary rule, Administrative Order 3-2020) (Nov. 6, 2020) (Ex. SEC-09-013)	In force from Nov. 16, 2020 to May 4, 2021 (issued Nov. 6, 2020)	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-09-010	Occupational Safety and Health Standards Board / Cal/OSHA (Department of Industrial Relations), 8 CCR s. 3205, COVID-19 Prevention (section page with History note) (Nov. 30, 2020) (Ex. SEC-09-010)	In force from Nov. 30, 2020 to Feb. 3, 2023	Face-covering requirementWorkplace rulesVaccination or testingQuarantine and isolation
Ex. SEC-09-011	Occupational Safety and Health Standards Board, COVID-19 Prevention Emergency Temporary Standards, 8 CCR ss. 3205-3205.4, approved text (OAL approval Nov. 30, 2020) (Nov. 19, 2020) (Ex. SEC-09-011)	In force from Nov. 30, 2020 to June 17, 2021 (issued Nov. 19, 2020)	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-09-035	Governor Philip B. Scott, Addendum 13 to Executive Order 01-20 (Play Smart and Play Safe) (May 6, 2020) (Ex. SEC-09-035)	In force from May 6, 2020 to June 30, 2021	Gathering capTravel and quarantineQuarantine and isolation

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

Federal layer

Ex. FED-156

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

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

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

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

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

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

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

Ex. FED-032

Notice: Conditional Sailing Order Technical Instructions and Operations Manual

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

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

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

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

Enforcement: as for FED-031

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

Ex. FED-051

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

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

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

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

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

Enforcement: as for FED-050

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

Ex. FED-094

CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH

Medicare and Medicaid Programs; COVID-19 Vaccine Requirements for Long-Term Care (LTC) Facilities and Intermediate Care Facilities for Individuals With Intellectual Disabilities (ICFs-IID) Residents, Clients, and Staff, 86 Fed. Reg. 26306 (May 13, 2021)

Centers for Medicare & Medicaid Services, HHS, United States (Medicare and Medicaid LTC facilities and ICFs-IID) (Federal)

Dates: In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: RS/IC nursing homes (home-care-senior-living); HR/WF of nursing homes and their contractors (staffing PL; hospice HC; therapy providers); OF reporting
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

With this IFC, we are amending the requirements at § 483.80 to add a new paragraph (d)(3). We require at new § 483.80(d)(3)(i) that LTC facilities develop and implement policies and procedures to ensure that they offer residents and staff vaccination against COVID-19 when vaccine supplies are available.... Any of these individuals who provide services on-site at least weekly would be included in 'staff' who must be educated and offered the vaccine as it becomes available.... DATES: These regulations are effective on May 21, 2021.

Enforcement: F-tag F887 (education and offering); F884 (reporting); civil money penalties

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094) Open the exhibit

Ex. FED-163

CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH

QSO-21-19-NH

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid LTC facilities) (Federal)

Dates: In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: RS/IC; HR/WF (education and offering to all staff including contract staff); OF reporting
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

On May 11, 2021, CMS published an interim final rule with comment period (IFC). This rule establishes Long-Term Care (LTC) Facility Vaccine Immunization Requirements for Residents and Staff. This includes new requirements for educating residents or resident representatives and staff regarding the benefits and potential side effects associated with the COVID-19 vaccine, and offering the vaccine. Furthermore, LTC facilities must report COVID-19 vaccine and therapeutics treatment information to the Centers for Disease Control and Prevention's (CDC) National Healthcare Safety Network (NHSN).... Noncompliance related to the new requirements for educating and offering COVID-19 vaccination to residents and staff will be cited at F-tag 887, and noncompliance related to COVID-19 vaccination reporting will be cited at F-tag 884.

Enforcement: F-tags F887 and F884; civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163) Open the exhibit

Ex. FED-297

Amended General Order 21-0006 (May 26, 2021)

In re: Plan for the Safe Resumption of Jury Trials and Court Operations (Amended May 26, 2021)

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

Dates: In force from May 26, 2021 to Sept. 15, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public officesWorkplace rulesVaccination or testing
Functions reached: CT jury trials resumed under a written plan with testing and vaccination conditions; in force July 1 - Sept. 15, 2021; HR federal courthouse workforce vaccination-or-testing condition (a Q3 2021 VAX instrument)
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

On February 17, 2021, General Order 21-0006 was entered by the Court to address [the resumption of jury trials]... It is, therefore, hereby ORDERED:... 2. Because the testing protocol will be fully effective only if all employees participate, it is also hereby ORDERED that all employees, contractors, and staff of all agencies and court units at the Dirksen and Roszkowski Courthouses participate in this program. Specifically, all employees who report to work at either of these Courthouses will be vaccinated, as defined by the CDC [or tested]...

Enforcement: court order to all court units and agencies in the courthouses

Citation: Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297) Open the exhibit

Ex. FED-271

OMB Memorandum M-21-25

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

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

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

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

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

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

Ex. FED-080

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

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

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

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

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

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

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

Ex. FED-081

DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)

DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 Emergency Temporary Standard

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide) (Federal)

Dates: In force from June 28, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IC, OF, HR/WF of every covered healthcare setting (the enforcement machinery in force on every day of 2021Q3)
Grade: Primary source read
Days in this quarter: 3 (in force on the last day)

This Direction establishes inspection procedures and enforcement policies for the COVID-19 Emergency Temporary Standard, 29 CFR § 1910.502, and 29 CFR § 1910.504. This Direction applies OSHA-wide. [References:] Presidential Executive Order on Protecting Worker Health and Safety, January 21, 2021.

Enforcement: Governs the issuance of citations and penalties under the ETS

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. FED-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-268	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	In force from Apr. 20, 2020 to June 10, 2021	Telework mandateWorkplace rules
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-062	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	In force from Jan. 21, 2021 to Sept. 30, 2021	Workplace rules
Ex. FED-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-020	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-050	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-053	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-054	Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-055	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-082	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	In force from Mar. 12, 2021 to July 7, 2021	Workplace rules
Ex. FED-280	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	In force from Mar. 15, 2021 to Sept. 30, 2021	Travel and quarantineWorkplace rules
Ex. FED-305	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	In force from Mar. 17, 2021 to June 1, 2021	Business closureCourts and public offices
Ex. FED-008	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders

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

Regulators of Construction

Ex. SEC-09-014

Administrative Order 2-2021 (permanent rule OAR 437-001-0744 and appendices), Summary of Key Issues: Revision and Extension of Oregon COVID-19 Workplace Rules

Oregon OSHA permanent COVID-19 workplace rule (May 4, 2021) - agency summary

Oregon OSHA, Oregon (Sector regulator)

Dates: In force from May 4, 2021 to June 30, 2022
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: JS; OP; HR
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

1. Time Frame for Repeal. Oregon OSHA received considerable comment about the lack of a repeal date and/or the 'permanent' nature of the rule... 2. Facial Coverings and Distancing. The proposed rule continued the basic requirements related to facial coverings and distancing.

Enforcement: Oregon OSHA citations

Citation: Oregon OSHA, Administrative Order 2-2021 (permanent rule OAR 437-001-0744 and appendices), Summary of Key Issues: Revision and Extension of Oregon COVID-19 Workplace Rules (May 4, 2021) (Ex. SEC-09-014) Open the exhibit

Ex. SEC-09-038

Executive Order No. 243

Lifting mask and distancing requirements for vaccinated employees at worksites closed to the public; EO 192 continued 'as applicable'

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from June 4, 2021 to Sept. 30, 2021 (issued May 26, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rules
Functions reached: JS; OP; HR (proof of vaccination to lift masking)
Grade: Primary source read
Days in this quarter: 27 (in force on the last day)

1.... Businesses and non-profits that require staff to report to a physical worksite must continue to follow the provisions of Executive Order No. 192 (2020), as applicable. 2. It is hereby clarified that employers, as defined in Executive Order No. 192 (2020), in workplaces that are not open to the public per Executive Order No. 242 (2021) are not mandated to require employees to wear face masks or social distance at the worksite where the employee provides proof that they are fully vaccinated

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

Citation: Governor Philip D. Murphy, Executive Order No. 243 (May 26, 2021) (Ex. SEC-09-038) Open the exhibit

Ex. SEC-09-042

N.Y. Labor Law s. 218-b (Prevention of occupational exposure to an airborne infectious disease)

NY HERO Act, section 1

New York Legislature, New York (State)

Dates: In force from June 4, 2021 to Sept. 30, 2021 (issued May 5, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rules
Functions reached: JS; OP; HR
Grade: Confirmed from a secondary source
Days in this quarter: 27 (in force on the last day)

Enforcement: s. 218-b(6)-(7)

Citation: New York Legislature, N.Y. Labor Law s. 218-b (Prevention of occupational exposure to an airborne infectious disease) (May 5, 2021) (Ex. SEC-09-042)

Ex. SEC-09-048

COVID-19 Prevention Emergency Temporary Standards, 8 CCR ss. 3205-3205.4, text as readopted with amendments (Board consideration June 17, 2021)

Cal/OSHA ETS readoption text (June 17, 2021)

Occupational Safety and Health Standards Board, California (Sector regulator)

Dates: In force from June 17, 2021 to Jan. 5, 2022
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: JS; WF (exclusion pay; quarantine); HR (vaccination documentation); OP; SB (multi-employer sites)
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

[s. 3205(a) scope; (c)(1) written COVID-19 Prevention Program; (c)(6) face coverings for employees not fully vaccinated indoors and in vehicles; (c)(9)-(10) exclusion of COVID-19 cases and close contacts with continued earnings; s. 3205.1 multiple infections and outbreaks (testing); s. 3205.3 employer-provided housing; s. 3205.4 employer-provided transportation]

Enforcement: Cal/OSHA citations and penalties

Citation: Occupational Safety and Health Standards Board, COVID-19 Prevention Emergency Temporary Standards, 8 CCR ss. 3205-3205.4, text as readopted with amendments (Board consideration June 17, 2021) (Ex. SEC-09-048) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-09-001	Empire State Development Corporation (under Executive Order 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section) (Mar. 20, 2020) (Ex. SEC-09-001)	In force from Mar. 27, 2020 to May 15, 2020 (issued Mar. 20, 2020)	Business closureWorkplace rules
Ex. SEC-09-005	Governor Jay Inslee (with L&I), Phase 1 Construction Restart COVID-19 Job Site Requirements (Apr. 24, 2020) (Ex. SEC-09-005)	In force from Apr. 24, 2020 to June 30, 2021	Business closureWorkplace rules
Ex. SEC-09-022	Los Angeles Department of Building and Safety, LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Mar. 31, 2020) (Ex. SEC-09-022)	In force from Mar. 31, 2020 to June 30, 2021	Gathering capWorkplace rules
Ex. SEC-09-008	Governor Tom Wolf; Secretary of Health, Guidance for Businesses in the Construction Industry Permitted to Operate During the COVID-19 Disaster Emergency (Apr. 23, 2020) (Ex. SEC-09-008)	In force from May 1, 2020 to May 31, 2021 (issued Apr. 23, 2020)	Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-09-040	Health Officer Dr. Sara H. Cody, Appendices A and B to the Order of the Health Officer of Apr. 29, 2020 (effective May 4, 2020): Social Distancing Protocol (updated Apr. 29, 2020); Appendix B-1 Small Construction Project Safety Protocol; Appendix B-2 Large Construction Project Safety Protocol (Ex. SEC-09-040)	In force from May 4, 2020 to May 18, 2020 (issued Apr. 29, 2020)	Capacity limitGathering capWorkplace rules
Ex. SEC-09-017	New York State (Governor's Office; Department of Health; Empire State Development) under NY Forward, Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency (NY Forward) (May 15, 2020) (Ex. SEC-09-017)	In force from May 15, 2020 to June 15, 2021	Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-09-023	Governor Philip D. Murphy, Executive Order No. 192 (Oct. 28, 2020) (Ex. SEC-09-023)	In force from Nov. 5, 2020 to June 4, 2021 (issued Oct. 28, 2020)	Face-covering requirementWorkplace rules
Ex. SEC-09-013	Oregon OSHA (Department of Consumer and Business Services), OAR 437-001-0744, Addressing COVID-19 Workplace Risks (temporary rule, Administrative Order 3-2020) (Nov. 6, 2020) (Ex. SEC-09-013)	In force from Nov. 16, 2020 to May 4, 2021 (issued Nov. 6, 2020)	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-09-010	Occupational Safety and Health Standards Board / Cal/OSHA (Department of Industrial Relations), 8 CCR s. 3205, COVID-19 Prevention (section page with History note) (Nov. 30, 2020) (Ex. SEC-09-010)	In force from Nov. 30, 2020 to Feb. 3, 2023	Face-covering requirementWorkplace rulesVaccination or testingQuarantine and isolation
Ex. SEC-09-011	Occupational Safety and Health Standards Board, COVID-19 Prevention Emergency Temporary Standards, 8 CCR ss. 3205-3205.4, approved text (OAL approval Nov. 30, 2020) (Nov. 19, 2020) (Ex. SEC-09-011)	In force from Nov. 30, 2020 to June 17, 2021 (issued Nov. 19, 2020)	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-09-043	Virginia Safety and Health Codes Board, 16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (Jan. 13, 2021) (Ex. SEC-09-043)	In force from Jan. 27, 2021 to Sept. 8, 2021 (issued Jan. 13, 2021)	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-09-018	Occupational Safety and Health Administration, Directive DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (Mar. 12, 2021) (Ex. SEC-09-018)	In force from Mar. 12, 2021 to July 7, 2021	Workplace rules
Ex. SEC-09-035	Governor Philip B. Scott, Addendum 13 to Executive Order 01-20 (Play Smart and Play Safe) (May 6, 2020) (Ex. SEC-09-035)	In force from May 6, 2020 to June 30, 2021	Gathering capTravel and quarantineQuarantine and isolation

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

Federal layer

Ex. FED-337

General Order 78

In re: Update to Court Operations in Light of California's Reopening

Chief Judge Richard Seeborg, United States District Court for the Northern District of California (Court)

Dates: In force from July 1, 2021 to Oct. 15, 2021 (issued June 23, 2021)
Quarters: 2021 Q3
Limitations: Courts and public officesWorkplace rules
Functions reached: CT the N.D. Cal. Q3 2021 instrument: general-access restrictions abrogated July 1, 2021, but safety protocols, remote criminal proceedings and suspended paper requirements continued
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

WHEREAS, effective June 15, 2021, the State of California reopened its economy with limited [restrictions]... General Order No. 73 (Continuing Temporary Restrictions on Courthouse Access due to COVID-19 [and the General Order 72 series]) are abrogated, effective July 1, 2021. The Court additionally ORDERS as follows, effective July 1, 2021: Courthouse Access: 1. All courthouse visitors must follow any safety protocols announced on the Court's website... [initial appearances and detention hearings to proceed by] telephone or by videoconference until further order of the Court. New arrestees shall be booked [remotely]... 3. Other court appearances may be waived or postponed, or may be conducted by telephone or [videoconference]... [courtesy-copy requirements] remain suspended until further notice.

Enforcement: court order

Citation: Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337) Open the exhibit

Ex. FED-083

DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)

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

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide) (Federal)

Dates: In force from July 7, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: EMP/HR/IC in the targeted industries throughout 2021Q3
Grade: Primary source read
Days in this quarter: 86 (in force on the last day)

This revised Direction describes policies and procedures for implementing a National Emphasis Program (NEP) to ensure that employees in high-hazard industries or work tasks are protected from the hazard of contracting SARS-CoV-2... The NEP targets establishments that have workers with increased potential exposure to this hazard, and that puts the largest number of workers at serious risk. In addition, this NEP includes an added focus to ensure that workers are protected from retaliation... This Direction applies OSHA-wide. [References:] Presidential Executive Order on Protecting Worker Health and Safety, January 21, 2021.

Enforcement: Programmed inspections; ETS citations per DIR 2021-02 in covered healthcare settings; general duty clause elsewhere

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083) Open the exhibit

Ex. FED-084

Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)

Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)

OSHA (memorandum for Regional Administrators and State Plan Designees), United States (Federal)

Dates: In force from July 7, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rules
Functions reached: EMP (non-healthcare workplaces in 2021Q3)
Grade: Primary source read
Days in this quarter: 86 (in force on the last day)

Enforcement: General duty clause and existing standards for non-ETS workplaces

Citation: OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084) Open the exhibit

Ex. FED-272

COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks

COVID-19 Workplace Safety: Agency Model Safety Principles (Issued July 29, 2021)

Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, United States (all federal buildings and federal lands; federally hosted meetings) (Federal)

Dates: In force from July 29, 2021 to Sept. 13, 2021
Quarters: 2021 Q3
Limitations: Gathering capFace-covering requirementTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: CS vendor, contractor and visitor entry to every federal building conditioned on vaccination status or testing from July 29, 2021; MK federally hosted meetings, conferences and events over 50 participants restricted; TR federal official travel for the unvaccinated limited to mission-critical trips; OF masks in federal buildings in areas of substantial or high transmission regardless of vaccination status (which by August 2021 was nearly the whole country)
Grade: Primary source read
Days in this quarter: 47

Federal agencies need to ask about the vaccination status of Federal employees and onsite contractors -- employees and onsite contractors must sign an attestation confirming their vaccination status, or they will be treated as not fully vaccinated for purposes of safety protocols.... Visitors must provide information on their vaccination status and comply with the requisite safety protocols.... [for employees and contractors] who are not fully vaccinated or who decline to provide information about their vaccination status, official domestic travel should be limited to only necessary mission-critical trips.... Should an agency intend to host an in-person meeting, conference, or event that will be attended by more than 50 participants -- regardless of whether participants include members of the public -- the agency must first seek the approval of its agency head, in consultation with the…

Enforcement: EO 13991 § 2; agency safety plans; attestation under penalty of administrative action (Certification of Vaccination form, Ex. FED-278)

Citation: Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272) Open the exhibit

Ex. FED-278

Certification of Vaccination form (employees, onsite contractors and visitors), August 2021

Certification of Vaccination

Safer Federal Workforce Task Force (OMB control number 3206-0277), United States (federal buildings) (Federal)

Dates: In force from Aug. 6, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: CS visitor and vendor entry to federal buildings; PL onsite contractors
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

I am a visitor or I am an onsite contractor who is not enrolled in an agency's testing program... [a] contractor making a false statement on this form could result in additional administrative action, including removal from a contract.

Enforcement: administrative action; removal from contract; 18 U.S.C. § 1001 warning

Citation: Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278) Open the exhibit

Ex. FED-063

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

Ensuring Adequate COVID Safety Protocols for Federal Contractors, 86 Fed. Reg. 50985 (Sept. 14, 2021)

President Joseph R. Biden, Jr., United States (federal procurement contractors and subcontractors) (Federal)

Dates: In force from Sept. 9, 2021 to Dec. 7, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR/WF vaccination status of contractor workforces (from Oct. 15, 2021); PL staffing placements on federal contracts; JS federal construction
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

Sec. 6. Effective Date. (a) Except as provided in subsection (b) of this section, this order is effective immediately and shall apply to new contracts; new contract-like instruments; new solicitations for contracts or contract-like instruments; extensions or renewals of existing contracts or contract-like instruments; and exercises of options on existing contracts or contract-like instruments, as described in section 5(a) of this order, where the relevant contract or contract-like instrument will be entered into, the relevant contract or contract-like instrument will be extended or renewed, or the relevant option will be exercised, on or after: (i) October 15, 2021

Enforcement: Contract clause (FAR deviation 52.223-99); Task Force Guidance of Sept. 24, 2021 (FED-B)

Citation: President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063) Open the exhibit

Ex. FED-052

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

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

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

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

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

Enforcement: as for FED-050

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

Ex. FED-275

Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)

Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042

Office of Management and Budget (Acting Director Shalanda D. Young), United States (federal contractors and subcontractors) (Federal)

Dates: In force from Sept. 24, 2021 to Nov. 16, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; PL; OP
Grade: Primary source read
Days in this quarter: 7 (in force on the last day)

The Director of the Office of Management and Budget determines that compliance by Federal contractors and subcontractors with the COVID-19 workplace safety protocols detailed in the Safer Federal Workforce Task Force guidance issued on September 24, 2021 will improve economy and efficiency by reducing absenteeism and decreasing labor costs for contractors and subcontractors working on or in connection with a Federal Government contract. DATES: September 24, 2021.

Enforcement: triggers the contract clause requirement of EO 14042 § 2

Citation: Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275) Open the exhibit

Ex. FED-274

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

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

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

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

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

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

Ex. FED-300

General Order 21-0033

In re: Employee COVID-Vaccine Condition of Employment

Executive Committee and Restart Task Force of the Court (unanimous vote), United States District Court for the Northern District of Illinois (Court)

Dates: In force from Nov. 22, 2021 to Sept. 6, 2022 (issued Sept. 20, 2021)
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; PL contractors at the courthouse
Grade: Primary source read
Days in this quarter: 0

By unanimous vote of the Court's Executive Committee and its Restart Task Force, it is hereby ordered: 1. As of November 22, 2021, all employees and all contractors (including all law clerks, [and the staff of the Clerk's Office, Probation Office and] the Pretrial Services Office must be fully vaccinated against COVID-19, unless they have [an approved exemption]... Any person whose vaccine status has changed since August 2, 2021, must complete and return the Vaccine Attestation form on or before November 8, 2021.

Enforcement: condition of employment and of contract

Citation: Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-073	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	In force from Apr. 28, 2020 to Apr. 10, 2023	Workplace rulesSupply chain
Ex. FED-325	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-062	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	In force from Jan. 21, 2021 to Sept. 30, 2021	Workplace rules
Ex. FED-020	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-082	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	In force from Mar. 12, 2021 to July 7, 2021	Workplace rules
Ex. FED-280	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	In force from Mar. 15, 2021 to Sept. 30, 2021	Travel and quarantineWorkplace rules
Ex. FED-156	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	In force from Apr. 27, 2021 to Nov. 12, 2021	Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-032	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	In force from May 5, 2021 to Sept. 30, 2021	Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-051	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	In force from May 12, 2021 to Sept. 13, 2021 (issued Apr. 30, 2021)	Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-094	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)	Health care ordersWorkplace rulesVaccination or testing
Ex. FED-163	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)	Health care ordersWorkplace rulesVaccination or testing
Ex. FED-297	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	In force from May 26, 2021 to Sept. 15, 2021	Courts and public officesWorkplace rulesVaccination or testing
Ex. FED-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-080	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	In force from June 21, 2021 to Dec. 27, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-081	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	In force from June 28, 2021 to Dec. 27, 2021	Health care ordersWorkplace rules
Ex. FED-008	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders

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

Regulators of Construction

Ex. SEC-09-045

Airborne Infectious Disease Exposure Prevention Standard (July 6, 2021)

NY DOL HERO Act standard

New York State Department of Labor, New York (State)

Dates: In force from July 6, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rules
Functions reached: JS; OP; HR
Grade: Confirmed from a secondary source
Days in this quarter: 87 (in force on the last day)

Enforcement: Labor Law s. 218-b

Citation: New York State Department of Labor, Airborne Infectious Disease Exposure Prevention Standard (July 6, 2021) (Ex. SEC-09-045)

Ex. SEC-09-019

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

OSHA Revised COVID-19 NEP

Occupational Safety and Health Administration, United States (Federal)

Dates: In force from July 7, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rules
Functions reached: JS
Grade: Primary source read
Days in this quarter: 86 (in force on the last day)

Appendix B, which was the list of Secondary Target Industries for the former COVID-19 NEP... industries within the former NEP's Appendix B are being deleted from this revised NEP... [inspections of any] general industry, maritime, or construction operation alleging potential exposures to SARS-CoV-2

Enforcement: Inspections; citations

Citation: Occupational Safety and Health Administration, Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. SEC-09-019) Open the exhibit

Ex. SEC-09-041

Section 1 of the NY HERO Act: Information & FAQs (timeline and requirements)

NY DOL HERO Act FAQ

New York State Department of Labor (Section 1 of the NY HERO Act; Commissioner of Health designation), New York (State)

Dates: In force from Aug. 5, 2021 to Mar. 17, 2022 (issued Sept. 6, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: JS; OP; HR; SB; WF
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

Section 1 of the New York Health and Essential Rights Act (the HERO Act) requires every private employer in New York State to adopt a safety and health plan to protect employees from airborne infectious diseases... May 5, 2021 - NY HERO Act signed into law. July 6, 2021 - NYS DOL published the HERO Act standard and model plans. August 5, 2021 - All employers in New York were required to adopt their safety and health plan. September 4, 2021 - All employers in New York were required to give their safety and health plan to their employees and post the plan in each work site. September 6, 2021 - The New York State Commissioner of Health designated COVID-19 as an airborne infectious disease... This means that employers must now implement their HERO Act plan specifically for COVID-19.

Enforcement: Labor Law s. 218-b(6)-(7): civil penalties ($50 per day for failure to adopt; $1,000-$10,000 for failure to abide); private right of action

Citation: New York State Department of Labor (Section 1 of the NY HERO Act; Commissioner of Health designation), Section 1 of the NY HERO Act: Information & FAQs (timeline and requirements) (Sept. 6, 2021) (Ex. SEC-09-041) Open the exhibit

Ex. SEC-09-047

Model Airborne Infectious Disease Exposure Prevention Plan for Construction Industry (P765B)

NY HERO Act construction industry model plan

New York State Department of Labor, New York (State)

Dates: In force from Aug. 5, 2021 to Mar. 17, 2022 (issued July 6, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: JS; SB; HR; OP; BD (toolbox talks and meetings limited); WF (isolation/quarantine compliance)
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

This plan goes into effect when an airborne infectious disease is designated by the New York State Commissioner of Health as a highly contagious communicable disease that presents a serious risk of harm to the public health... This plan applies to all 'employees' as defined by the New York State Labor Law 218-b, which means any person providing labor or services for remuneration for a private entity or business within the state... and shall include part-time workers, independent contractors, domestic workers, home care and personal care workers, day laborers, farmworkers and other temporary and seasonal workers... [Minimum controls:] 3. Health Screening: Employees will be screened for symptoms of the infectious disease at the beginning of their shift... 4. Face Coverings... 5. Physical Distancing... Limit attendance to in-person meetings (including toolbox talks, pre-shift meeting…

Enforcement: Labor Law s. 218-b(6)-(7)

Citation: New York State Department of Labor, Model Airborne Infectious Disease Exposure Prevention Plan for Construction Industry (P765B) (July 6, 2021) (Ex. SEC-09-047) Open the exhibit

Ex. SEC-09-006

Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 14, 2021)

Ensuring Adequate COVID Safety Protocols for Federal Contractors

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

Dates: In force from Sept. 9, 2021 to Dec. 7, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: JS federal construction sites; OW federal agencies; SB flow-down to subcontractors; HR vaccination; OP
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

Sec. 2... shall... ensure that contracts and contract-like instruments... include a clause that the contractor and any subcontractors (at any tier) shall incorporate into lower-tier subcontracts. This clause shall specify that the contractor or subcontractor shall, for the duration of the contract, comply with all guidance for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force... Sec. 5(a) This order shall apply to any new contract; new contract-like instrument; new solicitation... (i)... services, construction, or a leasehold interest in real property

Enforcement: Contract clause; FAR Council deviation; agency contracting officers

Citation: President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 14, 2021) (Sept. 9, 2021) (Ex. SEC-09-006) Open the exhibit

Ex. SEC-09-044

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

Task Force contractor guidance (Sept. 24, 2021)

Safer Federal Workforce Task Force (approved by the Director of OMB under EO 14042 s. 2(c)), United States (Federal)

Dates: In force from Sept. 24, 2021 to Dec. 7, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Functions reached: HR (vaccination; accommodations); JS (masking; distancing at covered workplaces); OP (coordinator); SB (flow-down); OW
Grade: Primary source read
Days in this quarter: 7 (in force on the last day)

1. COVID-19 vaccination of covered contractor employees, except in limited circumstances where an employee is legally entitled to an accommodation; 2. Compliance by individuals, including covered contractor employees and visitors, with the Guidance related to masking and physical distancing while in covered contractor workplaces; and 3. Designation by covered contractors of a person or persons to coordinate COVID-19 workplace safety efforts at covered contractor workplaces... Covered contractor employees must be fully vaccinated no later than December 8, 2021... [contract] includes, but is not limited to, a mutually binding legal relationship obligating one party to furnish services (including construction) and another party to pay for them.

Enforcement: Contract clause (FAR deviation); agency contracting officers

Citation: Safer Federal Workforce Task Force (approved by the Director of OMB under EO 14042 s. 2(c)), COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021) (Ex. SEC-09-044) Open the exhibit

Ex. SEC-09-049

'For Federal Contractors' page (as captured Sept. 30, 2021)

Task Force contractors page announcing EO 14042 clause and Sept. 24, 2021 guidance

Safer Federal Workforce Task Force, United States (Federal)

Dates: In force from Sept. 24, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: JS; HR; SB; OW
Grade: Primary source read
Days in this quarter: 7 (in force on the last day)

These workplace safety protocols will apply to all covered contractor employees, including employees in covered contractor workplaces who are not working on a Federal Government contract or contract-like instrument.

Enforcement: Contract clause

Citation: Safer Federal Workforce Task Force, 'For Federal Contractors' page (as captured Sept. 30, 2021) (Sept. 24, 2021) (Ex. SEC-09-049) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-09-023	Governor Philip D. Murphy, Executive Order No. 192 (Oct. 28, 2020) (Ex. SEC-09-023)	In force from Nov. 5, 2020 to June 4, 2021 (issued Oct. 28, 2020)	Face-covering requirementWorkplace rules
Ex. SEC-09-010	Occupational Safety and Health Standards Board / Cal/OSHA (Department of Industrial Relations), 8 CCR s. 3205, COVID-19 Prevention (section page with History note) (Nov. 30, 2020) (Ex. SEC-09-010)	In force from Nov. 30, 2020 to Feb. 3, 2023	Face-covering requirementWorkplace rulesVaccination or testingQuarantine and isolation
Ex. SEC-09-043	Virginia Safety and Health Codes Board, 16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (Jan. 13, 2021) (Ex. SEC-09-043)	In force from Jan. 27, 2021 to Sept. 8, 2021 (issued Jan. 13, 2021)	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-09-018	Occupational Safety and Health Administration, Directive DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (Mar. 12, 2021) (Ex. SEC-09-018)	In force from Mar. 12, 2021 to July 7, 2021	Workplace rules
Ex. SEC-09-014	Oregon OSHA, Administrative Order 2-2021 (permanent rule OAR 437-001-0744 and appendices), Summary of Key Issues: Revision and Extension of Oregon COVID-19 Workplace Rules (May 4, 2021) (Ex. SEC-09-014)	In force from May 4, 2021 to June 30, 2022	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-09-038	Governor Philip D. Murphy, Executive Order No. 243 (May 26, 2021) (Ex. SEC-09-038)	In force from June 4, 2021 to Sept. 30, 2021 (issued May 26, 2021)	Face-covering requirementWorkplace rules
Ex. SEC-09-042	New York Legislature, N.Y. Labor Law s. 218-b (Prevention of occupational exposure to an airborne infectious disease) (May 5, 2021) (Ex. SEC-09-042)	In force from June 4, 2021 to Sept. 30, 2021 (issued May 5, 2021)	Workplace rules
Ex. SEC-09-048	Occupational Safety and Health Standards Board, COVID-19 Prevention Emergency Temporary Standards, 8 CCR ss. 3205-3205.4, text as readopted with amendments (Board consideration June 17, 2021) (Ex. SEC-09-048)	In force from June 17, 2021 to Jan. 5, 2022	Face-covering requirementWorkplace rulesVaccination or testingQuarantine and isolation

Third quarter of 2021: the instruments in force, Construction (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-09-048 Cal/OSHA COVID-19 Prevention ETS as readopted June 17, 2021 (8 CCR 3205-3205.4) (JS, WF, HR, OP)
SEC-09-010 8 CCR 3205 history note confirming operative dates (Nov. 30, 2020; June 17, 2021)
SEC-09-014 Oregon OSHA permanent rule OAR 437-001-0744 (May 4, 2021) (JS, OP); Oregon OAR 333-019-1025 indoor mask rule (Aug. 13, 2021) [State file OR]
SEC-09-041 / SEC-09-047 New York HERO Act: plans adopted by Aug. 5, posted by Sept. 4, activated Sept. 6, 2021 (JS, OP, HR, SB)
SEC-09-019 OSHA Revised NEP DIR 2021-03 (July 7, 2021) (posture; construction inspections on complaint/referral) (JS)
SEC-09-006 EO 14042 (Sept. 9, 2021) and SEC-09-044 SFWTF Guidance (Sept. 24, 2021); SEC-09-049 SFWTF contractors page (JS, OW, HR, SB, OP)
FED-A: CDC conveyance mask order, 86 Fed. Reg. 8025, and TSA SD 1582/84-21-01 series (WF: crews on transit); OSHA Healthcare ETS 29 C.F.R. 1910.502 (June 21, 2021) (JS: trades inside health-care settings; host screening of non-employees)
State/metro files: Delta-wave indoor mask orders reaching indoor job sites, site offices and permit counters: Los Angeles County (July 17, 2021), Nevada Directive 047 (July 30), D.C. Mayor's Order 2021-097 (July 31), Bay Area counties (Aug. 3), Louisiana (Aug. 4), Philadelphia (Aug. 12), New Mexico (Aug. 17), Washington Order 20-03.4 (Aug. 23), Cook County (Aug. 23), Illinois EO 2021-20 (Aug. 30), Hawaii (continuing), St. Louis City and County (July 26), Kansas City (Aug. 2), New Orleans (July 30), Austin/Travis and Dallas County (Aug. 11) (JS, OP, PM)
State files: CDPH orders of Aug. 5, 2021 (health-care facility workers incl. contractors; Sept. 30 deadline) and Aug. 11, 2021 (school workers incl. contractors; Oct. 15 deadline); Washington Proclamation 21-14 (Aug. 9, 2021; on-site contractors of State agencies; Oct. 18 deadline) (JS, OW, HR)
ECO-B: 2021-22 school masking and quarantine orders; State quarantine and isolation directives (WF)
State emergency declarations continuing in most States (predicate)

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/construction.

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

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

Date	Organizer	Event	What the notice said	Exhibit
Feb. 13, 2020	Informa Markets	World of Concrete (annual; concrete and masonry)	After discussions with key stakeholders and feedback from industry-leading concrete and masonry associations, World of Concrete made the proactive decision to reschedule WOC 2021 from January to June.... This is the first time in our 46-year history we have been faced with circumstances that have caused us to…	Ex. SEC-09-GM-005
Feb. 25, 2020	Association of Equipment Manufacturers (AEM)	CONEXPO-CON/AGG and IFPE 2020 (triennial; North America's largest construction trade show)	Due to the growing concerns about COVID-19, the travel restrictions put in place by the President and changing corporate travel policies that impact many of our attendees and exhibitors, we have made the decision to close CONEXPO-CON/AGG & IFPE one day early, closing on Friday, March 13 at 5 p.m. We made this decision…	Ex. SEC-09-GM-002
Mar. 13, 2020	Association of Equipment Manufacturers (AEM)	CONEXPO-CON/AGG and IFPE 2020 (triennial; North America's largest construction trade show)	Due to the growing concerns about COVID-19, the travel restrictions put in place by the President and changing corporate travel policies that impact many of our attendees and exhibitors, we have made the decision to close CONEXPO-CON/AGG & IFPE one day early, closing on Friday, March 13 at 5 p.m. We made this decision…	Ex. SEC-09-GM-001
Mar. 27, 2020	Occupational Safety and Health Administration, U.S. Department of Labor (with NIOSH and CPWR)	OSHA National Safety Stand-Down to Prevent Falls in Construction (annual nationwide week of employer-led safety meetings)	Join the National Safety Stand-Down To Prevent Falls in Construction: Postponed due to COVID-19.... 7th Annual National Safety Stand-Down to Prevent Falls Postponed Due to COVID-19. The event will be rescheduled this summer. OSHA Trade Release (March 27, 2020). (Ex. SEC-09-GM-006)	Ex. SEC-09-GM-006
Mar. 27, 2020	SkillsUSA	SkillsUSA National Leadership and Skills Conference (NLSC) and SkillsUSA Championships (the trades' national skills competition and recruiting event)	SkillsUSA... has canceled all in-person events at its 2020 National Leadership and Skills Conference (NLSC) due to the effects of the COVID-19 pandemic.... SkillsUSA was scheduled to hold its 56th annual national conference at the Kentucky Exposition Center in Louisville from June 22-26. The organization's decision…	Ex. SEC-09-GM-007
Oct. 9, 2020	National Association of Home Builders (NAHB) with the National Kitchen & Bath Association (NKBA) and Emerald	NAHB International Builders' Show (IBS) with the Kitchen & Bath Industry Show (KBIS): Design & Construction Week	Due to health and safety concerns and ongoing travel restrictions stemming from the COVID-19 pandemic, NAHB and the National Kitchen & Bath Association (NKBA) today regretfully announce that the 8th annual Design & Construction Week featuring NAHB's International Builders' Show (IBS) and NKBA's Kitchen & Bath Industry…	Ex. SEC-09-GM-004
Oct. 15, 2020	International Exposition Company, co-sponsored by ASHRAE and AHRI	AHR Expo (International Air-Conditioning, Heating, Refrigerating Exposition; HVACR and plumbing contractors' principal show)	After exhausting all possibilities to tentatively reschedule the Show for March 2021, we regret to announce today the forced cancellation of the 2021 AHR Expo in Chicago. With roadblocks set in place by the ongoing COVID-19 pandemic and resulting current state and local restrictions that prohibit mass gatherings over…	Ex. SEC-09-GM-003
Oct. 27, 2020	Informa Markets	World of Concrete (annual; concrete and masonry)	After discussions with key stakeholders and feedback from industry-leading concrete and masonry associations, World of Concrete made the proactive decision to reschedule WOC 2021 from January to June.... This is the first time in our 46-year history we have been faced with circumstances that have caused us to…	Ex. SEC-09-GM-008
Nov. 6, 2020	Design-Build Institute of America (DBIA)	DBIA Design-Build Conference and Expo	It's safe to say the 2020 Design-Build Conference & Expo was an unprecedented success. Last week, more than 1,400 attendees came together online to participate in the most creative conference ever.... Though this year's conference looked quite different, one thing remained the same... (DBIA, Nov. 6, 2020)	Ex. SEC-09-GM-015
Mar. 17, 2021	Informa Markets	The International Surface Event (TISE): SURFACES, StonExpo/Marmomac, TileExpo (flooring, stone and tile trades)	Just Announced! TISE Set to Move Forward this June (Informa release, Mar. 17, 2021)	Ex. SEC-09-GM-013
Mar. 18, 2021	Informa Markets	World of Concrete (annual; concrete and masonry)	After discussions with key stakeholders and feedback from industry-leading concrete and masonry associations, World of Concrete made the proactive decision to reschedule WOC 2021 from January to June.... This is the first time in our 46-year history we have been faced with circumstances that have caused us to…	Ex. SEC-09-GM-009
Apr. 21, 2021	Associated General Contractors of America (AGC)	AGC Annual Convention (general contractors)	AGC Convention home page: September 21-23, 2021, Marriott World Center, Orlando; 'Watch the recap of our 2020 Convention in Las Vegas' (as captured Apr. 21, 2021)	Ex. SEC-09-GM-018
June 17, 2021	Coverings (Taffy Event Strategies for the Tile Council of North America, Ceramics of Italy, Tile of Spain, the National Tile Contractors Association and the Natural Stone Institute)	Coverings (tile and stone; tile-setting and stone trades)	Coverings blog, A Sneak Peek of the Products You'll Find at Coverings 2021 (July 7-9, 2021, Orange County Convention Center, Orlando, and virtually; June 17, 2021)	Ex. SEC-09-GM-036
June 21, 2021	National Electrical Contractors Association (NECA)	NECA Convention and Trade Show (electrical contractors)	The NECA 2020 Convention and Trade Show will take place entirely online October 6-8 in EST, featuring brand-new virtual experiences. The virtual event will maintain its traditional dynamic speakers and educational opportunities but has been adjusted to meet the evol[ving circumstances]. (Ex. SEC-09-GM-011)	Ex. SEC-09-GM-020
July 31, 2021	Informa Markets, with the National Roofing Contractors Association (NRCA)	International Roofing Expo (IRE) (roofing and exteriors contractors)	IRE Returns to the Show Floor August 10-12 as the Premier Trade Event for Roofing and Exteriors in Las Vegas, NV (Informa release, July 31, 2021)	Ex. SEC-09-GM-012
Sept. 24, 2021	Association of Equipment Manufacturers (AEM)	The Utility Expo (formerly ICUEE; utility and underground construction equipment show, biennial)	The Utility Expo home page: 'THE SHOW IS ON! SEE YOU IN LOUISVILLE, KY!' Sept. 28-30, 2021; Health & Safety Commitment (as captured Sept. 24, 2021)	Ex. SEC-09-GM-016
Nov. 2, 2021	Plumbing-Heating-Cooling Contractors - National Association (PHCC)	PHCC CONNECT (plumbing, heating and cooling contractors' annual conference and technology showcase)	PHCC, PHCCCONNECT2021: Reconnecting... Live and In Person (Oct. 20-22, 2021, Kansas City; Nov. 2, 2021)	Ex. SEC-09-GM-042
	Association of Equipment Manufacturers (AEM) and the National Asphalt Pavement Association (NAPA)	World of Asphalt Show and Conference with AGG1 Aggregates Academy and Expo (paving and aggregates)	World of Asphalt, NAPA to Present 'People, Plants, and Paving Digital Conference' March 9-11, 2021 (release, as captured Jan. 17, 2021)	Ex. SEC-09-GM-010
	National Electrical Contractors Association (NECA)	NECA Convention and Trade Show (electrical contractors)	The NECA 2020 Convention and Trade Show will take place entirely online October 6-8 in EST, featuring brand-new virtual experiences. The virtual event will maintain its traditional dynamic speakers and educational opportunities but has been adjusted to meet the evol[ving circumstances]. (Ex. SEC-09-GM-011)	Ex. SEC-09-GM-011
	Seattle Home Show (presented with the Master Builders Association of King and Snohomish Counties)	Seattle Home Show (the Northwest's largest consumer home show; two editions a year)	Seattle Home Show home page: 'SPRING 2021 SHOW IS CANCELLED' (wording as archived Feb. 15, 2021; live page rendered Sept. 28, 2026)	Ex. SEC-09-GM-014
	Informa Markets (Journal of Light Construction)	JLC LIVE New England (residential construction trade show and hands-on training)	Due to the Coronavirus (COVID-19) pandemic, Rhode Island authorized a six-month lease of the RI Convention Center which is being converted to a hospital annex. While our team hopes the entire country is well on the mend in August, we support the RI Convention Center team and applaud their contributions to our community…	Ex. SEC-09-GM-017
	California Building Industry Association (CBIA)	PCBC (Pacific Coast Builders Conference; the West's home-building show)	2021 PCBC: The ReThink Conference, Oct. 4-7, 2021, Omni La Costa Resort, Carlsbad (replacing the June 16-17, 2021 Moscone Center save-the-date; as captured June 24, 2021)	Ex. SEC-09-GM-019
	Reed Exhibitions (RX)	National Hardware Show (tools, hardware and building products; contractor supply channel)	NHS 2020 scheduled for September 1-3 in Las Vegas, Nevada - has been canceled due to industry and market circumstances. While we cannot convene in person in 2020, the NHS team is launching the 2020 National Hardware Virtual Show, an all-virtual event occurring October 12-15, 2020 to serve the hardware & home…	Ex. SEC-09-GM-022
	Florida Roofing and Sheet Metal Contractors Association (FRSA)	FRSA Annual Convention and the Florida Roofing and Sheet Metal Expo (regional roofing show)	After much consideration, FRSA has decided to cancel the July 15-17, 2020 Convention and the Florida Roofing and Sheet Metal Expo. It was a difficult decision for all involved, but the health and safety of our members, attendees, exhibitors and staff remains our first priority.... Many components of the convention will…	Ex. SEC-09-GM-023
	Florida Roofing and Sheet Metal Contractors Association (FRSA)	FRSA Annual Convention and the Florida Roofing and Sheet Metal Expo (regional roofing show)	After much consideration, FRSA has decided to cancel the July 15-17, 2020 Convention and the Florida Roofing and Sheet Metal Expo. It was a difficult decision for all involved, but the health and safety of our members, attendees, exhibitors and staff remains our first priority.... Many components of the convention will…	Ex. SEC-09-GM-024
	Informa Markets	WWETT Show (Water and Wastewater Equipment, Treatment and Transport; plumbing, septic and underground contractors)	WWETT Show 2021 Virtual and Live Events: WWETT+ Feb. 23-25, 2021; in-person show rescheduled from February to May 3-6, 2021, Indiana Convention Center (as captured Jan. 18, 2021)	Ex. SEC-09-GM-026
	Construction Financial Management Association (CFMA)	CFMA Annual Conference and Exhibition (construction financial managers)	CFMA Annual Conference & Exhibition 2020: Tips for a Successful Virtual Conference (as captured June 21, 2020)	Ex. SEC-09-GM-027
	Informa Markets for the U.S. Green Building Council	Greenbuild International Conference and Expo (green building; contractors, architects, owners)	Greenbuild Virtual 2020 Registration is Closed (organizer registration page, as captured June 22, 2021)	Ex. SEC-09-GM-030
	Texas Association of Builders (TAB)	Sunbelt Builders Show (Texas Association of Builders' summer conference and trade show)	The Sunbelt Builders Show management takes the health and safety of our exhibitors and attendees very seriously. We are utilizing 'The Governor's Report to Open Texas' for g[uidance]... (Ex. SEC-09-GM-033, May 2020)	Ex. SEC-09-GM-033
	Texas Association of Builders (TAB)	Sunbelt Builders Show (Texas Association of Builders' summer conference and trade show)	The Sunbelt Builders Show management takes the health and safety of our exhibitors and attendees very seriously. We are utilizing 'The Governor's Report to Open Texas' for g[uidance]... (Ex. SEC-09-GM-033, May 2020)	Ex. SEC-09-GM-034
	Florida Home Builders Association	Southeast Building Conference (SEBC) (Florida Home Builders Association's regional show)	The 2020 Southeast Building Conference (SEBC), scheduled for July 30-31, 2020 in Kissimmee, FL has been cancelled due to the ongoing COVID-19 crisis. Please click here for more details and stay tuned for details about SEBC 2020 Re-Imagined, a virtual experience! (Ex. SEC-09-GM-035)	Ex. SEC-09-GM-035
	Marketplace Events	Indianapolis Home Show	Indianapolis Home Show home page: COVID-19 NOTICE, show of Jan. 22-31, 2021 postponed to Apr. 23-May 2, 2021; Virtual Showroom (as captured Jan. 18, 2021)	Ex. SEC-09-GM-038
	Marketplace Events	Minneapolis Home + Garden Show	Minneapolis Home + Garden Show home page: COVID-19 NOTICE, show of Mar. 3-7, 2021 postponed to Apr. 28-May 2, 2021; Virtual Showroom (as captured Jan. 25, 2021)	Ex. SEC-09-GM-040
	Marketplace Events	Great Big Home + Garden Show (Cleveland)	Great Big Home + Garden Show home page: COVID-19 NOTICE, show of Feb. 5-14, 2021 canceled (as captured Jan. 19, 2021)	Ex. SEC-09-GM-041

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 Construction 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 202 instruments in force for this selection: 23 instruments from the regulators of Construction (Governor Gretchen Whitmer, Executive Order 2020-70 (Stay Home, Stay Safe; MI Safe Start) (May 1, 2020) (Ex. SEC-09-033); Governor Gretchen Whitmer, Executive Order 2020-21 (Stay Home, Stay Safe) (Mar. 23, 2020) (Ex. SEC-09-031); Governor Jay Inslee, Memorandum to Interested Stakeholders: Construction Guidance - Stay Home, Stay Healthy Proclamation (20-25) (Mar. 25, 2020) (Ex. SEC-09-004); and 20 more) and 179 federal instruments (Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264); OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088); 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 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 Construction industry, as the Library records them: job sites (JS; Ex. SEC-09-033, Ex. SEC-09-031, Ex. SEC-09-004, Ex. SEC-09-030 and 19 more); permits, inspections and plan review (PM; Ex. SEC-09-031, Ex. SEC-09-004, Ex. SEC-09-030, Ex. SEC-09-001 and 7 more); bidding, site visits and meetings (BD; Ex. SEC-09-033, Ex. SEC-09-031, Ex. SEC-09-004, Ex. SEC-09-030 and 8 more); materials (SC; Ex. SEC-09-031, Ex. SEC-09-032, Ex. SEC-09-002, Ex. SEC-09-007 and 4 more); subcontractors and trades (SB; Ex. SEC-09-033, Ex. SEC-09-031, Ex. SEC-09-004, Ex. SEC-09-030 and 16 more); owners and agencies (OW; Ex. SEC-09-031, Ex. SEC-09-004, Ex. SEC-09-030, Ex. SEC-09-001 and 4 more); hiring, screening, training and credentialing (HR; Ex. SEC-09-033, Ex. SEC-09-027, Ex. SEC-09-005, Ex. SEC-09-022 and 8 more); office, administration and telework (OP; Ex. SEC-09-033, Ex. SEC-09-002, Ex. SEC-09-005, Ex. SEC-09-025 and 2 more); workforce availability (WF; Ex. SEC-09-008, Ex. SEC-09-017, Ex. SEC-09-035); the customer base (CB; Ex. SEC-09-031, Ex. SEC-09-030, Ex. SEC-09-032, Ex. SEC-09-027 and 1 more).

Step three, the change compelled. Governor Gretchen Whitmer, Executive Order 2020-70 (Stay Home, Stay Safe; MI Safe Start) (May 1, 2020) (Ex. SEC-09-033) ordered: "(g) Effective at 12:01 am on May 7, 2020, workers in the construction industry, including workers in the building trades (plumbers, electricians, HVAC technicians, and similar workers), subject to the enhanced social-distancing rules described in section 11(i) of this order... (i) Businesses or…" Enforcement: Misdemeanor (MCL 10.33; MCL 30.405(3)) Governor Gretchen Whitmer, Executive Order 2020-21 (Stay Home, Stay Safe) (Mar. 23, 2020) (Ex. SEC-09-031) ordered: "1. This order must be construed broadly to prohibit in-person work that is not necessary to sustain or protect life... 5. Businesses and operations that employ critical infrastructure workers may continue in-person operations... 8. For purposes of this order, critical infrastructure workers are…" Enforcement: Willful violation a misdemeanor (MCL 10.33; MCL 30.405(3)) Governor Jay Inslee, Memorandum to Interested Stakeholders: Construction Guidance - Stay Home, Stay Healthy Proclamation (20-25) (Mar. 25, 2020) (Ex. SEC-09-004) ordered: "In general, commercial and residential construction is not authorized under the Proclamation because construction is not considered to be an essential activity. However, an exception to the order allows for construction in the following limited circumstances: a) Construction related to essential…" Enforcement: Proclamation 20-25: violation a gross misdemeanor under RCW 43.06.220(5) 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 2020-70 (Stay Home, Stay Safe; MI Safe Start) (Ex. SEC-09-033) was in force from May 1, 2020 to May 7, 2020, 7 of the quarter's 110 days; Executive Order 2020-21 (Stay Home, Stay Safe) (Ex. SEC-09-031) was in force from Mar. 24, 2020 to May 7, 2020, 45 of the quarter's 110 days; Memorandum to Interested Stakeholders: Construction Guidance - Stay Home, Stay Healthy… (Ex. SEC-09-004) was in force from Mar. 25, 2020 to Apr. 24, 2020, 31 of the quarter's 110 days. Of the 23 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 Construction 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 175 instruments in force for this selection: 12 instruments from the regulators of Construction (Empire State Development Corporation (under Executive Order 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section) (Mar. 20, 2020) (Ex. SEC-09-001); Governor Jay Inslee (with L&I), Phase 1 Construction Restart COVID-19 Job Site Requirements (Apr. 24, 2020) (Ex. SEC-09-005); Los Angeles Department of Building and Safety, LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Mar. 31, 2020) (Ex. SEC-09-022); and 9 more) and 163 federal instruments (OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088); 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 Construction industry, as the Library records them: job sites (JS; Ex. SEC-09-001, Ex. SEC-09-005, Ex. SEC-09-022, Ex. SEC-09-025 and 8 more); permits, inspections and plan review (PM; Ex. SEC-09-001, Ex. SEC-09-022, Ex. SEC-09-025, Ex. SEC-09-008 and 1 more); bidding, site visits and meetings (BD; Ex. SEC-09-001, Ex. SEC-09-022, Ex. SEC-09-008, Ex. SEC-09-017 and 1 more); materials (SC; Ex. SEC-09-008, Ex. SEC-09-029, Ex. SEC-09-034); subcontractors and trades (SB; Ex. SEC-09-001, Ex. SEC-09-005, Ex. SEC-09-022, Ex. SEC-09-025 and 6 more); owners and agencies (OW; Ex. SEC-09-001); hiring, screening, training and credentialing (HR; Ex. SEC-09-005, Ex. SEC-09-022, Ex. SEC-09-008, Ex. SEC-09-029 and 6 more); office, administration and telework (OP; Ex. SEC-09-005, Ex. SEC-09-025, Ex. SEC-09-017, Ex. SEC-09-034 and 1 more); workforce availability (WF; Ex. SEC-09-008, Ex. SEC-09-017, Ex. SEC-09-012, Ex. SEC-09-035); the customer base (CB; Ex. SEC-09-040).

Step three, the change compelled. Empire State Development Corporation (under Executive Order 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section) (Mar. 20, 2020) (Ex. SEC-09-001) ordered: "All non-essential construction is limited to only staging activities in regions that are not yet within the first phase of the state's reopening plan, except emergency construction... construction for, or your business provides necessary support for construction projects involving, roads, bridges…" Enforcement: EO 202.8 (violations subject to civil penalties and mandatory closure under Exec. Law s. 29-a and Public Health Law s. 12); NYC DOB stop-work orders and fines… Governor Jay Inslee (with L&I), Phase 1 Construction Restart COVID-19 Job Site Requirements (Apr. 24, 2020) (Ex. SEC-09-005) ordered: "Any existing construction projects complying with the points below may resume only those work activities that do not require workers to be closer than six-feet together. If a work activity requires workers to be closer than six-feet, it is not considered low-risk and is not authorized... Prior to…" Enforcement: Job shutdown; RCW 49.17.060 duties enforced by L&I Los Angeles Department of Building and Safety, LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Mar. 31, 2020) (Ex. SEC-09-022) ordered: "Construction industry employers shall develop a comprehensive COVID-19 exposure control plan, which includes control measures such as social distancing; symptom checking; hygiene; decontamination procedures, and training... Failure to comply with this guidance shall be deemed as creating unsafe…" Enforcement: Withheld inspections; site shutdown; LADBS verification at scheduled inspections and on complaints 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. Phase 1 Construction Restart COVID-19 Job Site Requirements (Ex. SEC-09-005) was in force from Apr. 24, 2020 to June 30, 2021, 92 of the quarter's 92 days; LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Ex. SEC-09-022) was in force from Mar. 31, 2020 to June 30, 2021, 92 of the quarter's 92 days; COVID-19 Safety Plan - Compliance Affidavit (with Construction Site Best Practices… (Ex. SEC-09-025) was in force from Apr. 27, 2020 to Dec. 31, 2020, 92 of the quarter's 92 days. Of the 12 instruments in the quarter's record, 9 were in force on its first day, 9 on its last day and 8 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Construction 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 174 instruments in force for this selection: 14 instruments from the regulators of Construction (Empire State Development Corporation (under Executive Order 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section) (Mar. 20, 2020) (Ex. SEC-09-001); Governor Jay Inslee (with L&I), Phase 1 Construction Restart COVID-19 Job Site Requirements (Apr. 24, 2020) (Ex. SEC-09-005); Los Angeles Department of Building and Safety, LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Mar. 31, 2020) (Ex. SEC-09-022); and 11 more) and 160 federal instruments (OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); and 157 more). 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 Construction industry, as the Library records them: job sites (JS; Ex. SEC-09-001, Ex. SEC-09-005, Ex. SEC-09-022, Ex. SEC-09-025 and 10 more); permits, inspections and plan review (PM; Ex. SEC-09-001, Ex. SEC-09-022, Ex. SEC-09-025, Ex. SEC-09-008 and 1 more); bidding, site visits and meetings (BD; Ex. SEC-09-001, Ex. SEC-09-022, Ex. SEC-09-008, Ex. SEC-09-017 and 1 more); materials (SC; Ex. SEC-09-008); subcontractors and trades (SB; Ex. SEC-09-001, Ex. SEC-09-005, Ex. SEC-09-022, Ex. SEC-09-025 and 4 more); owners and agencies (OW; Ex. SEC-09-001); hiring, screening, training and credentialing (HR; Ex. SEC-09-005, Ex. SEC-09-022, Ex. SEC-09-008, Ex. SEC-09-040 and 8 more); office, administration and telework (OP; Ex. SEC-09-005, Ex. SEC-09-025, Ex. SEC-09-017, Ex. SEC-09-012 and 4 more); workforce availability (WF; Ex. SEC-09-008, Ex. SEC-09-017, Ex. SEC-09-012, Ex. SEC-09-023 and 4 more); the customer base (CB; Ex. SEC-09-040).

Step four, the quarter. The quarter's record runs from Oct. 1, 2020 to Dec. 31, 2020, 92 days. Phase 1 Construction Restart COVID-19 Job Site Requirements (Ex. SEC-09-005) was in force from Apr. 24, 2020 to June 30, 2021, 92 of the quarter's 92 days; LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Ex. SEC-09-022) was in force from Mar. 31, 2020 to June 30, 2021, 92 of the quarter's 92 days; COVID-19 Safety Plan - Compliance Affidavit (with Construction Site Best Practices… (Ex. SEC-09-025) was in force from Apr. 27, 2020 to Dec. 31, 2020, 92 of the quarter's 92 days. Of the 14 instruments in the quarter's record, 8 were in force on its first day, 11 on its last day and 7 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 Construction 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 189 instruments in force for this selection: 14 instruments from the regulators of Construction (Empire State Development Corporation (under Executive Order 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section) (Mar. 20, 2020) (Ex. SEC-09-001); Governor Jay Inslee (with L&I), Phase 1 Construction Restart COVID-19 Job Site Requirements (Apr. 24, 2020) (Ex. SEC-09-005); Los Angeles Department of Building and Safety, LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Mar. 31, 2020) (Ex. SEC-09-022); and 11 more) and 175 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); 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); President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073); and 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 Construction industry, as the Library records them: job sites (JS; Ex. SEC-09-001, Ex. SEC-09-005, Ex. SEC-09-022, Ex. SEC-09-008 and 10 more); permits, inspections and plan review (PM; Ex. SEC-09-001, Ex. SEC-09-022, Ex. SEC-09-008, Ex. SEC-09-040); bidding, site visits and meetings (BD; Ex. SEC-09-001, Ex. SEC-09-022, Ex. SEC-09-008, Ex. SEC-09-017); materials (SC; Ex. SEC-09-008); subcontractors and trades (SB; Ex. SEC-09-001, Ex. SEC-09-005, Ex. SEC-09-022, Ex. SEC-09-008 and 2 more); owners and agencies (OW; Ex. SEC-09-001); hiring, screening, training and credentialing (HR; Ex. SEC-09-005, Ex. SEC-09-022, Ex. SEC-09-008, Ex. SEC-09-040 and 9 more); office, administration and telework (OP; Ex. SEC-09-005, Ex. SEC-09-017, Ex. SEC-09-012, Ex. SEC-09-023 and 5 more); workforce availability (WF; Ex. SEC-09-008, Ex. SEC-09-017, Ex. SEC-09-012, Ex. SEC-09-023 and 4 more); the customer base (CB; Ex. SEC-09-040).

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. Phase 1 Construction Restart COVID-19 Job Site Requirements (Ex. SEC-09-005) was in force from Apr. 24, 2020 to June 30, 2021, 90 of the quarter's 90 days; LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Ex. SEC-09-022) was in force from Mar. 31, 2020 to June 30, 2021, 90 of the quarter's 90 days; Guidance for Businesses in the Construction Industry Permitted to Operate During the… (Ex. SEC-09-008) was in force from May 1, 2020 to May 31, 2021, 90 of the quarter's 90 days. Of the 14 instruments in the quarter's record, 10 were in force on its first day, 11 on its last day and 9 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 Construction 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 182 instruments in force for this selection: 17 instruments from the regulators of Construction (Empire State Development Corporation (under Executive Order 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section) (Mar. 20, 2020) (Ex. SEC-09-001); Governor Jay Inslee (with L&I), Phase 1 Construction Restart COVID-19 Job Site Requirements (Apr. 24, 2020) (Ex. SEC-09-005); Los Angeles Department of Building and Safety, LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Mar. 31, 2020) (Ex. SEC-09-022); and 14 more) and 165 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); 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); President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073); and 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 Construction industry, as the Library records them: job sites (JS; Ex. SEC-09-001, Ex. SEC-09-005, Ex. SEC-09-022, Ex. SEC-09-008 and 13 more); permits, inspections and plan review (PM; Ex. SEC-09-001, Ex. SEC-09-022, Ex. SEC-09-008, Ex. SEC-09-040); bidding, site visits and meetings (BD; Ex. SEC-09-001, Ex. SEC-09-022, Ex. SEC-09-008, Ex. SEC-09-017); materials (SC; Ex. SEC-09-008); subcontractors and trades (SB; Ex. SEC-09-001, Ex. SEC-09-005, Ex. SEC-09-022, Ex. SEC-09-008 and 3 more); owners and agencies (OW; Ex. SEC-09-001); hiring, screening, training and credentialing (HR; Ex. SEC-09-005, Ex. SEC-09-022, Ex. SEC-09-008, Ex. SEC-09-040 and 12 more); office, administration and telework (OP; Ex. SEC-09-005, Ex. SEC-09-017, Ex. SEC-09-023, Ex. SEC-09-013 and 8 more); workforce availability (WF; Ex. SEC-09-008, Ex. SEC-09-017, Ex. SEC-09-023, Ex. SEC-09-013 and 4 more); the customer base (CB; Ex. SEC-09-040).

Step four, the quarter. The quarter's record runs from Apr. 1, 2021 to June 30, 2021, 91 days. Phase 1 Construction Restart COVID-19 Job Site Requirements (Ex. SEC-09-005) was in force from Apr. 24, 2020 to June 30, 2021, 91 of the quarter's 91 days; LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Ex. SEC-09-022) was in force from Mar. 31, 2020 to June 30, 2021, 91 of the quarter's 91 days; Guidance for Businesses in the Construction Industry Permitted to Operate During the… (Ex. SEC-09-008) was in force from May 1, 2020 to May 31, 2021, 61 of the quarter's 91 days. Of the 17 instruments in the quarter's record, 11 were in force on its first day, 10 on its last day and 6 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Construction 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 182 instruments in force for this selection: 15 instruments from the regulators of Construction (Governor Philip D. Murphy, Executive Order No. 192 (Oct. 28, 2020) (Ex. SEC-09-023); Occupational Safety and Health Standards Board / Cal/OSHA (Department of Industrial Relations), 8 CCR s. 3205, COVID-19 Prevention (section page with History note) (Nov. 30, 2020) (Ex. SEC-09-010); Virginia Safety and Health Codes Board, 16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (Jan. 13, 2021) (Ex. SEC-09-043); and 12 more) and 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); 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); U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325); 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 Construction industry, as the Library records them: job sites (JS; Ex. SEC-09-023, Ex. SEC-09-010, Ex. SEC-09-043, Ex. SEC-09-018 and 11 more); bidding, site visits and meetings (BD; Ex. SEC-09-047); subcontractors and trades (SB; Ex. SEC-09-048, Ex. SEC-09-041, Ex. SEC-09-047, Ex. SEC-09-006 and 2 more); owners and agencies (OW; Ex. SEC-09-006, Ex. SEC-09-044, Ex. SEC-09-049); hiring, screening, training and credentialing (HR; Ex. SEC-09-023, Ex. SEC-09-010, Ex. SEC-09-043, Ex. SEC-09-018 and 10 more); office, administration and telework (OP; Ex. SEC-09-023, Ex. SEC-09-010, Ex. SEC-09-043, Ex. SEC-09-018 and 9 more); workforce availability (WF; Ex. SEC-09-023, Ex. SEC-09-010, Ex. SEC-09-048, Ex. SEC-09-041 and 1 more).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 192 (Oct. 28, 2020) (Ex. SEC-09-023) ordered: "1. Effective at 6:00 a.m. on Thursday, November 5, 2020, every business, non-profit, and governmental or educational entity... that requires or permits its workforce... to be physically present at a worksite... must abide by the following requirements: [distancing of six feet; face masks…" Enforcement: N.J.S.A. App. A:9-49, -50; DOL/DOH enforcement mechanism under EO 192 para. 3-5 Occupational Safety and Health Standards Board / Cal/OSHA (Department of Industrial Relations), 8 CCR s. 3205, COVID-19 Prevention (section page with History note) (Nov. 30, 2020) (Ex. SEC-09-010) ordered: "History: 1. New section filed 11-30-2020 as an emergency; operative 11-30-2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2020, No. 49)... 4. New section refiled with amendments 6-17-2021 as an emergency; operative…" Enforcement: Cal/OSHA citations and penalties (Labor Code s. 6317 et seq.) Occupational Safety and Health Administration, Directive DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (Mar. 12, 2021) (Ex. SEC-09-018) ordered: "APPENDIX B: Secondary Target Industries for the COVID-19 NEP... 236XXX Construction of Buildings * Construction; 237XXX Heavy and Civil Engineering Construction * Construction; 238XXX Specialty Trade Contractors * Construction" Enforcement: Programmed and unprogrammed inspections; citations under the General Duty Clause and existing standards The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2021 to Sept. 30, 2021, 92 days. 8 CCR s. 3205, COVID-19 Prevention (section page with History note) (Ex. SEC-09-010) was in force from Nov. 30, 2020 to Feb. 3, 2023, 92 of the quarter's 92 days; 16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2… (Ex. SEC-09-043) was in force from Jan. 27, 2021 to Sept. 8, 2021, 70 of the quarter's 92 days; Directive DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019… (Ex. SEC-09-018) was in force from Mar. 12, 2021 to July 7, 2021, 7 of the quarter's 92 days. Of the 15 instruments in the quarter's record, 7 were in force on its first day, 12 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 Construction 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 Construction

Each position the Service takes against employers of this class is answered below from the text of the Suspension Clause, from Tri-State, from the instruments in the Library and from the United States' own representations, which are collected with their pins at The IRS: in the Government's own words. None survives contact with the orders. Each section is headed with the position in the Service's general vocabulary and closes with the answer.

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: Ground 1. No orders in effect

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

For the second quarter of 2020 the sentence is answered by the closure orders of Pennsylvania, New Jersey, Michigan, Washington, Vermont, New York, Boston, Philadelphia, New York City and the Bay Area and by the stay-at-home orders of every other State; for the third and fourth quarters of 2020 and the first and second quarters of 2021 by the mandatory site regimes and workplace standards stated quarter by quarter above; and for the third quarter of 2021 by the instruments listed in the third-quarter inventory, each with its issuer, effective date and status on July 1 and September 30, 2021: the Cal/OSHA, Virginia, Oregon and Washington standards, New Jersey's Executive Order No. 192, New York's HERO Act plans and activation, OSHA's National Emphasis Program, Executive Order 14042, the CDC conveyance order, the Healthcare ETS, the Delta-wave face-covering orders of the States and metros and the court orders of at least twenty-nine States. The Service's letter recites the state of its records; the Library records the state of the law. A sentence that describes a construction industry under no governmental order between March 2020 and September 2021 describes a period that did not occur.

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Sentence 2: Ground 2. The "essential" designation

The employer operated an essential business and remained open.

The word "essential" is not in the statute. In Pennsylvania construction was not essential at all from March 19 to May 1, 2020; in New Jersey non-essential construction ceased from April 10 to May 18, 2020; in Michigan construction was not critical infrastructure from March 24 to May 7, 2020; in Washington it was "not considered to be an essential activity" from March 25 to April 24, 2020; in New York, Vermont and the Bay Area only enumerated projects were essential. Where construction was designated essential, the designation permitted work only on the order's terms, and the terms were the suspension: four persons on a Pennsylvania site, crews of two in Vermont, six feet in Washington, a supervisor "at all times" in the Bay Area, daily screening in Michigan, a written plan in New York, dictated policies in New Jersey, and a workplace standard in California, Virginia, Oregon and Washington. The Notice's own Q&A-15 and Q&A-17 provide that an employer whose operations continue is partially suspended where some operations are closed "for certain purposes, but not others" or where a required modification affects them, and the United States told the District Court that an employer is partially suspended "if it was required to suspend certain operations for certain purposes." An "essential" designation that came with a headcount cap is a partial suspension with a label attached.

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Sentence 3: Ground 3. Orders directed to the public

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

The statute says nothing of the source, the addressee or the subject of the order; it asks whether the order limited commerce, travel or group meetings. A stay-at-home order limits all three in terms, and the Notice's own Q&A-10 lists a State's shelter-in-place proclamation among the qualifying orders. The United States has represented that the Notice "lacks the force of law," so the only document carrying the "directed at" gloss binds no one, and the United States itself told the Ninth Circuit that an order addressing a third party suffices. For this industry the stay-at-home orders were also orders directed at business operations: every one of them told construction what it could and could not do, from Pennsylvania's "No" to Minnesota's "Construction and critical trades" to Wisconsin's "optional or aesthetic construction should be avoided." The position asks the statute to distinguish between an order that closes a contractor's site and an order that confines the contractor's crews, customers and inspectors to their homes; the statute makes no such distinction, and neither did the orders.

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Sentence 4: Ground 4. Telework

The employer could have continued comparable operations through telework.

A job site is not performed by telework; the operation the Suspension Clause asks about is the pouring of concrete, the framing of walls, the pulling of wire and the setting of pipe, and no order permitted those to be done from home. The Notice's telework rule (Q&A-15) addresses an employer "able to continue operations comparable to its operations prior to the closure" and, by its own second paragraph and Q&A-16's fourth factor, recognizes partial suspension where some operations cannot be performed remotely and where the transition itself delays the work. The offices of this industry did telework, because orders in New York, New Jersey, Oregon, Minnesota, Colorado, Vermont, Pennsylvania, Iowa, Michigan and Washington required them to; that compelled conversion of the estimating and project-management function is itself a modification the orders imposed, and Tri-State holds that the "required protocols and procedures to comply" with an order are the suspension the order caused. Telework is the compelled modification of the office, not the absence of a suspension of the site.

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Sentence 5: Ground 5. Customers, not the employer

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

The orders that reached this industry reached the employer by name: the Pennsylvania list marked its NAICS codes, New Jersey's Executive Order No. 122 ceased its "physical operations," Michigan's order prohibited its in-person work, Washington's memorandum said it was "not authorized," Virginia's standard classified its settings, Cal/OSHA's standard governed its sites and vehicles, the HERO template named its toolbox talks and day laborers, Executive Order 14042 named its subcontractors at any tier, and Columbus's ordinance named NAICS 236-238. Where the order reached the customer, the statute still asks whether the order limited commerce, and an order that closed a restaurant, a hotel, an office building or a school closed the site on which the contractor was working; Q&A-12 applies the clause exactly so to a supplier, and the United States has said the supplier rule requires no order against the employer. Q&A-13, as rewritten on March 1, 2021, extended the customer exclusion from essential businesses not required to close to every employer and to any "reduction in demand"; it is a gloss without force of law, and it does not reach an employer whose own sites were closed, capped and conditioned. A position that treats the closure of the building a contractor is building as an event that happened to someone else has mistaken the statute's object.

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Sentence 6: Ground 6. Voluntary measures

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

Nothing in the instruments inventoried above was voluntary. A crew capped at four persons in Pennsylvania, a site shut in New Jersey, a supervisor posted "at all times" on a Bay Area site, a daily entry screen in Michigan, a written program and paid exclusion under 8 CCR § 3205, a plan adopted under Labor Law § 218-b, a face covering worn under Ordinance 2388-2021 and a vaccination clause inserted under Executive Order 14042 were each imposed by an instrument carrying penalties: N.J.S.A. App. A:9-49 and -50, Va. Code § 40.1-49.4, Labor Code § 6317, RCW 49.17.180, civil citations and license suspension. Tri-State held on the same argument that the hospital's changes "were not voluntary" because "[t]he Proclamation required" them. Q&A-14 addresses an employer that suspends operations "voluntarily" without an order; it has no application where the order is in the Library with a penalty clause. A measure taken because the law commanded it is the opposite of voluntary.

Q&A-14 reaches only a suspension "not due to a governmental order," and the United States and the District Court have defined the excluded employer as one "not being ordered to do so." No contractor in the eight principal States answered that description in any quarter. The reopening orders permitted work only on conditions with the force of law: Pennsylvania's "must adhere," New Jersey's "is required to abide," Michigan's "must, at a minimum," Washington's "[n]o employer may operate ... unless," New York's "must be operated subject to," California's "shall establish, implement, and maintain," Texas's "shall operate at no more than" and Arizona's "shall develop, establish and implement," each carrying a penalty clause (the standing duties). The standing statutes commanded the same conduct: Texas Health and Safety Code section 81.002 ("Each person shall act responsibly to prevent and control communicable disease"), the workplace-safety statutes of all eight States, and the general duty clause, 29 U.S.C. § 654(a)(1). Texas, Arizona and Michigan then fixed the standard of care as compliance with governmental standards and orders, retroactive to March 2020, and California, Washington and Pennsylvania left the contractor to a negligence law that takes the breach of a statute or rule as proof or evidence of fault. The safe-workplace statute had no COVID-19 content until the health authorities said what a safe site required; the crew caps, gate screens, spacing rules and emptied estimating offices were taken because those directives defined the duty and would not have been taken without them. "Due to" is but-for causation, and the causation here runs from the command to the measure without an intervening choice. The Notice's own words confirm it: a modification "required by a governmental order as a condition of reopening a physical space for business or service to the public" is a partial suspension due to the order. A statute that commands conduct is an order from an appropriate governmental authority; the Service's premise that no command reached the employer fails wherever one did, and in this industry one reached every employer in every State on every day of the six quarters.

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Sentence 7: Ground 7. Not more than nominal; the ten percent figure

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

The ten percent figure is, by the United States' own account, "not an eligibility requirement," "[e]ffectively ... a safe harbor," "not an exclusionary cut-off point" and "a safe harbor rather than a hard floor"; Tri-State held it "a method for the test to be met not as a requirement to meet the test"; and it appeared for the first time on March 1, 2021, after every 2020 quarter had closed. The statute asks whether a portion of the operation was suspended, and Tri-State holds that "portion" does not mean "significant." The portion of this industry's operation the orders reached was its sites, its crews, its permits, its materials, its subcontractors, its owners, its hiring, its offices and its workforce; in the shutdown markets it was the whole operation for weeks, and everywhere it was the site itself for the life of the caps and standards. The showing exceeds the United States' safe harbor many times over in every State: in the shutdown markets because the whole operation was terminated for weeks, and everywhere else because the site itself ran under caps, distancing rules, plans and standards for the life of those orders. It is measured by the statute's words, and it satisfies them. A number the United States has twice told courts is not a floor cannot be applied as one against a contractor whose site was ordered closed.

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Sentence 8: Ground 8. Masks, gloves, spacing and screening as nominal modifications

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

The modifications the orders required of this industry were not masks and gloves. They were the closure of sites; caps of four persons and of four per 2,000 square feet; crews of two, five and ten; six feet between workers on a framing line; a designated supervisor or Pandemic Safety Officer on every project; daily entry screening of every worker, contractor and supplier; a written plan, program or affidavit as a condition of the permit; paid exclusion of every case and close contact for ten to fourteen days; the suspension of toolbox talks, pre-shift and safety meetings in person; and attestation, testing or vaccination as a condition of entering federal, State-agency and health-care sites. Q&A-17's own rule is that a compelled modification partially suspends operations, and Tri-State held that screening, distancing, isolation, testing and reassignment protocols compelled by an order are a suspension the order caused. Q&A-18's masks-and-aisles sentence, added March 1, 2021 without force of law, addresses a retailer's aisle; it does not describe a construction site ordered to run at four persons or six feet apart. The position confuses the mask a worker wore with the crew the order dispersed.

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Sentence 9: Ground 9. A declaration is not an order

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

The statute's word is "orders," and this analysis relies on no bare declaration as a suspending order; the ground answers an argument this analysis does not make. Where an emergency declaration itself commands or limits (Executive Order GA-38's terms; Alabama's proclamation of August 13, 2021; Georgia's Economic Recovery State of Emergency orders of June 30 and August 19, 2021), it is an order in the statute's sense whatever its caption, and the Notice's contrary treatment of declarations is a gloss the United States has represented carries no force of law. The instruments inventoried above are executive orders with operative commands, health officer orders with penalties, occupational-safety standards adopted under statute, legislative enactments, court orders, ordinances and directives; the emergency declarations are stated as the instruments under which those orders issued and were continued, and, where a declaration itself carried operative terms (Alabama's, Arkansas's, Rhode Island's and Georgia's of 2021 each did), for those terms. A Pennsylvania list that says "No" beside every construction industry group is not a declaration; it is an order.

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Sentence 10: Ground 10. The supplier was not closed; supply-chain effects too attenuated

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

The suppliers of this industry were closed by order: Pennsylvania closed its sawmills, wood product plants and lumber wholesalers; Michigan closed the paint, flooring and garden departments of its large retailers and its non-critical manufacturing; a dozen States closed manufacturing outside critical infrastructure; the United States allocated respirators, restricted the land borders and conditioned every vessel and port. Q&A-12 requires no closure of the supplier and no order against the employer; the United States told the Ninth Circuit that the rule "never even mentions a 'physical[ ] clos[ure]' order against the supplier," and Tri-State refused AM 2023-005, which "may not be used or cited as precedent," whose scenarios "are not comparable or persuasive," and whose "proximate" causation theory "improperly adds words into the statute." The Census Bureau's finding that 58.5 percent of construction small businesses reported domestic supplier delays in July 2021 is the measured consequence of the orders named. A document that cannot be cited as precedent does not amend the statute.

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Sentence 11: Ground 11. The orders had lifted

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

The orders had not lifted. The third-quarter inventory lists the instruments in force on every day of the third quarter of 2021, from the Cal/OSHA standard to Executive Order 14042, and its closing paragraph names the expired instruments on which the proof does not rest. Where an order had ended, the clause asks whether the operation was suspended "during the calendar quarter," not whether an order was in effect during it; Tri-State defines suspension to include "delay"; Q&A-22 makes an employer suspended for part of a quarter eligible for the whole of it; and the restoration arithmetic shows, from the orders' own reopening steps, that the crews, schedules, projects, permits and materials the orders dismantled were not restored on the day the last cap lifted. The Service's phrase is not in the statute. An operation that governmental orders held under compelled site conditions until May 31, 2021 was suspended during the quarter that began thirty days later, and the orders were its but-for cause.

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Sentence 12: Ground 12. No decline in gross receipts

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

The gross-receipts prong is clause (II); the suspension prong is clause (I); the clauses are joined by "or," and Tri-State held them independent "by Defendant's admission," finding that "even Defendant's own argument is contradictory" when the United States argued otherwise. Congress wrote a numerical threshold into clause (II) and none into clause (I). This analysis does not rely on the gross-receipts prong, and a contractor whose receipts were carried by progress billings on contracts signed before the orders was partially suspended in every quarter in which its sites, crews, permits and owners were under orders. A test Congress placed in a different clause is not a condition of the clause this analysis applies.

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Sentence 13: Ground 13. Guidance, recommendations or best practices

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

The instruments relied on are the Pennsylvania Governor's and Secretary of Health's orders and the list they incorporate; the New Jersey Governor's executive orders under N.J.S.A. App. A:9-33 et seq.; the Michigan Governor's executive orders under MCL 30.403 and 10.31 and MIOSHA's rules under MCL 408.1024; the Washington Governor's proclamation under RCW 43.06.220 and the Department of Labor and Industries' rule under RCW 49.17; the Vermont Governor's addenda to Executive Order 01-20; the Boston Mayor's and Inspectional Services Department's order enforced through permits; the Bay Area health officers' orders under Cal. Health & Safety Code § 101040; the Virginia Safety and Health Codes Board's standard under Va. Code § 40.1-22(6a); the Occupational Safety and Health Standards Board's standard under Labor Code § 142.3; Oregon OSHA's rule under ORS 654.025; the New York Legislature's Labor Law § 218-b and the Commissioner of Health's designation; the President's Executive Order 14042 under the Federal Property and Administrative Services Act; the CDC's order under 42 U.S.C. § 264; OSHA's Healthcare ETS under 29 U.S.C. § 655(c); and the ordinances of Columbus, Dallas County and Clark County with civil penalties. Where a document was guidance (CISA's list; OSHA's construction alert), this analysis says so and relies on it only as the text a State order incorporated. The Pennsylvania construction guidance itself recites that enforcement "commenced on March 23, 2020, and is ongoing," and Florida's Executive Order 20-120, § 3 (May 9, 2020), reopened the barbershops and salons it named only under the measures the Department of Business and Professional Regulation prescribed, and the Department's implementing document, styled "Information," recited that from May 11, 2020 "the following restrictions are mandatory." An instrument that closes a site on pain of a citation is an order whatever its title.

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

"Order" must be given its ordinary meaning.

Agreed. An order is "[a]n authoritative indication to be obeyed; a command or direction." Applied to the instruments listed: the Pennsylvania list commanded every construction business to close; New Jersey's Executive Order No. 122 commanded that physical operations "shall cease"; Michigan's Executive Order 2020-21 commanded that in-person work not necessary to sustain or protect life stop; Washington's Phase 1 requirements commanded a posted plan on pain of "the job being shut down"; the Cal/OSHA standard commands a written program and paid exclusion; the HERO Act commands a plan; Executive Order 14042 commands a contract clause; Columbus's Ordinance 2388-2021 commands face coverings, an airborne-transmission control, on construction sites and in every high-density occupational setting it names. Each is a command or direction to be obeyed, from an authority with power to give it, limiting commerce, travel or group meetings, due to COVID-19. On the ordinary meaning of the word, every instrument this analysis states as an order is one, and the Library holds each of them by exhibit number, with its issuer, its date and its operative clause. The ordinary meaning of "order" is the Service's ground; applied to the exhibits, it is the proof.

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: 317 records, of which The COVID Project holds the document for 305. 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. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-002	Notice of February 24, 2021	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)	/library/FED-002	/exhibit/FED-002
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-011	Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)	Alex M. Azar II, Secretary of HHS	Apr. 21, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)	/library/FED-011	/exhibit/FED-011
Ex. FED-012	Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)	Alex M. Azar II, Secretary of HHS	July 23, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)	/library/FED-012	/exhibit/FED-012
Ex. FED-013	Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)	Alex M. Azar II, Secretary of HHS	Oct. 2, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)	/library/FED-013	/exhibit/FED-013
Ex. FED-014	Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)	Alex M. Azar II, Secretary of HHS	Jan. 7, 2021	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)	/library/FED-014	/exhibit/FED-014
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-022	CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)	Sept. 1, 2020	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)	/library/FED-022	/exhibit/FED-022
Ex. FED-023	CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)	Centers for Disease Control and Prevention, HHS	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)	/library/FED-023	/exhibit/FED-023
Ex. FED-024	CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)	Centers for Disease Control and Prevention, HHS	Mar. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)	/library/FED-024	/exhibit/FED-024
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-027	CDC No Sail Order and Suspension of Further Embarkation	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 14, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	/library/FED-027	/exhibit/FED-027
Ex. FED-028	No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)	Centers for Disease Control and Prevention, HHS	Apr. 9, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	/library/FED-028	/exhibit/FED-028
Ex. FED-029	No Sail Order; Second Modification and Extension (July 16, 2020)	Centers for Disease Control and Prevention, HHS	July 16, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)	/library/FED-029	/exhibit/FED-029
Ex. FED-030	No Sail Order; Third Modification and Extension (Sept. 30, 2020)	Centers for Disease Control and Prevention, HHS	Sept. 30, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	/library/FED-030	/exhibit/FED-030
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-036	Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)	Centers for Disease Control and Prevention, HHS	May 19, 2020	Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)	/library/FED-036	/exhibit/FED-036
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-039	Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…	Centers for Disease Control and Prevention, HHS	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)	/library/FED-039	/exhibit/FED-039
Ex. FED-040	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom	Centers for Disease Control and Prevention, HHS	Dec. 25, 2020	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)	/library/FED-040	/exhibit/FED-040
Ex. FED-041	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…	Centers for Disease Control and Prevention, HHS	Jan. 12, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)	/library/FED-041	/exhibit/FED-041
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-048	Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…	Centers for Disease Control and Prevention, HHS	Sept. 11, 2020	Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)	/library/FED-048	/exhibit/FED-048
Ex. FED-050	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)	Jan. 31, 2021	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	/library/FED-050	/exhibit/FED-050
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-054	Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)	/library/FED-054	/exhibit/FED-054
Ex. FED-055	Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	/library/FED-055	/exhibit/FED-055
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-061	Executive Order 13998	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	/library/FED-061	/exhibit/FED-061
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-066	Executive Order 13945	President Donald J. Trump	Aug. 8, 2020	President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)	/library/FED-066	/exhibit/FED-066
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-073	Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)	President Donald J. Trump	Apr. 28, 2020	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	/library/FED-073	/exhibit/FED-073
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-075	Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use	Federal Emergency Management Agency, DHS	Apr. 7, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)	/library/FED-075	/exhibit/FED-075
Ex. FED-076	Notification of Exemptions to the PPE allocation rule	Federal Emergency Management Agency, DHS	Apr. 17, 2020	Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)	/library/FED-076	/exhibit/FED-076
Ex. FED-077	Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)	Federal Emergency Management Agency, DHS	Aug. 10, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)	/library/FED-077	/exhibit/FED-077
Ex. FED-078	Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)	Federal Emergency Management Agency, DHS	Dec. 31, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)	/library/FED-078	/exhibit/FED-078
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-088	Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)	OSHA, U.S. Department of Labor	Mar. 9, 2020	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	/library/FED-088	/exhibit/FED-088
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-091	CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)	Centers for Medicare & Medicaid Services, HHS	May 1, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	/library/FED-091	/exhibit/FED-091
Ex. FED-092	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	Centers for Medicare & Medicaid Services, HHS	Sept. 2, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	/library/FED-092	/exhibit/FED-092
Ex. FED-093	CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)	Nov. 2, 2020	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	/library/FED-093	/exhibit/FED-093
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-097	QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 13, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	/library/FED-097	/exhibit/FED-097
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-154	QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)	CMS, Quality, Safety & Oversight Group	Sept. 17, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	/library/FED-154	/exhibit/FED-154
Ex. FED-155	QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19	CMS, Quality, Safety & Oversight Group	Mar. 10, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	/library/FED-155	/exhibit/FED-155
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-157	QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)	CMS, Quality, Safety & Oversight Group	May 18, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	/library/FED-157	/exhibit/FED-157
Ex. FED-158	CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…	Centers for Medicare & Medicaid Services, HHS	Apr. 7, 2020	Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)	/library/FED-158	/exhibit/FED-158
Ex. FED-159	CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)	Centers for Medicare & Medicaid Services, HHS	Apr. 19, 2020	Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)	/library/FED-159	/exhibit/FED-159
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-164	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)	/library/FED-164	/exhibit/FED-164
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-170	Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…	Congress (Pub. L. 116-127); approved by the President	Mar. 18, 2020	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	/library/FED-170	/exhibit/FED-170
Ex. FED-171	Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826	Wage and Hour Division, U.S. Department of Labor	Apr. 1, 2020	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	/library/FED-171	/exhibit/FED-171
Ex. FED-172	Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)	Wage and Hour Division, U.S. Department of Labor	Sept. 11, 2020	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	/library/FED-172	/exhibit/FED-172
Ex. FED-173	Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…	Congress (Pub. L. 116-260)	Dec. 27, 2020	Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)	/library/FED-173	/exhibit/FED-173
Ex. FED-174	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…	Congress (Pub. L. 117-2); approved by the President	Mar. 11, 2021	Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)	/library/FED-174	/exhibit/FED-174
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-185	Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)	Dec. 11, 2020	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	/library/FED-185	/exhibit/FED-185
Ex. FED-186	Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)	Food and Drug Administration, HHS	Dec. 18, 2020	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	/library/FED-186	/exhibit/FED-186
Ex. FED-187	Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)	Food and Drug Administration, HHS	Feb. 27, 2021	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	/library/FED-187	/exhibit/FED-187
Ex. FED-190	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)	/library/FED-190	/exhibit/FED-190
Ex. FED-191	30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)	The President and the White House Coronavirus Task Force	Mar. 31, 2020	The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)	/library/FED-191	/exhibit/FED-191
Ex. FED-192	Guidelines for Opening Up America Again (Apr. 16, 2020)	The President and the White House Coronavirus Task Force	Apr. 16, 2020	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	/library/FED-192	/exhibit/FED-192
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-202	Proclamation 9993	President Donald J. Trump	Mar. 11, 2020	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	/library/FED-202	/exhibit/FED-202
Ex. FED-203	Proclamation 9996	President Donald J. Trump	Mar. 14, 2020	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	/library/FED-203	/exhibit/FED-203
Ex. FED-204	Proclamation 10041	President Donald J. Trump	May 24, 2020	President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)	/library/FED-204	/exhibit/FED-204
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-210	Proclamation 10014	President Donald J. Trump	Apr. 22, 2020	President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)	/library/FED-210	/exhibit/FED-210
Ex. FED-211	Proclamation 10052	President Donald J. Trump	June 22, 2020	President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)	/library/FED-211	/exhibit/FED-211
Ex. FED-212	Proclamation 10054	President Donald J. Trump	June 29, 2020	President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)	/library/FED-212	/exhibit/FED-212
Ex. FED-213	Proclamation 10131	President Donald J. Trump	Dec. 31, 2020	President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)	/library/FED-213	/exhibit/FED-213
Ex. FED-214	Proclamation 10149	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)	/library/FED-214	/exhibit/FED-214
Ex. FED-216	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection	Mar. 24, 2020	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)	/library/FED-216	/exhibit/FED-216
Ex. FED-217	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)	/library/FED-217	/exhibit/FED-217
Ex. FED-219	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)	/library/FED-219	/exhibit/FED-219
Ex. FED-222	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)	/library/FED-222	/exhibit/FED-222
Ex. FED-225	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)	/library/FED-225	/exhibit/FED-225
Ex. FED-226	Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)	/library/FED-226	/exhibit/FED-226
Ex. FED-229	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)	/library/FED-229	/exhibit/FED-229
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-239	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…	DHS (Acting Secretary Chad F. Wolf), with CBP	Mar. 24, 2020	DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)	/library/FED-239	/exhibit/FED-239
Ex. FED-240	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)	/library/FED-240	/exhibit/FED-240
Ex. FED-242	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)	/library/FED-242	/exhibit/FED-242
Ex. FED-245	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)	/library/FED-245	/exhibit/FED-245
Ex. FED-248	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)	/library/FED-248	/exhibit/FED-248
Ex. FED-249	Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)	/library/FED-249	/exhibit/FED-249
Ex. FED-252	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)	/library/FED-252	/exhibit/FED-252
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-262	OMB Memorandum M-20-13	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 12, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-13 (Mar. 12, 2020) (Ex. FED-262)	/library/FED-262	/exhibit/FED-262
Ex. FED-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-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. 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. SEC-09-001	Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section)	Empire State Development Corporation (under Executive Order 202.6)	Mar. 20, 2020	Empire State Development Corporation (under Executive Order 202.6), Guidance for Determining Whether a Business Enterprise is Subject to a Workforce Reduction Under Recent Executive Orders (construction section) (Mar. 20, 2020) (Ex. SEC-09-001)	/library/SEC-09-001	/exhibit/SEC-09-001
Ex. SEC-09-002	Executive Order No. 122	Governor Philip D. Murphy	Apr. 8, 2020	Governor Philip D. Murphy, Executive Order No. 122 (Apr. 8, 2020) (Ex. SEC-09-002)	/library/SEC-09-002	/exhibit/SEC-09-002
Ex. SEC-09-003	Executive Order No. 142	Governor Philip D. Murphy	May 13, 2020	Governor Philip D. Murphy, Executive Order No. 142 (May 13, 2020) (Ex. SEC-09-003)	/library/SEC-09-003	/exhibit/SEC-09-003
Ex. SEC-09-004	Memorandum to Interested Stakeholders: Construction Guidance - Stay Home, Stay Healthy Proclamation (20-25)	Governor Jay Inslee	Mar. 25, 2020	Governor Jay Inslee, Memorandum to Interested Stakeholders: Construction Guidance - Stay Home, Stay Healthy Proclamation (20-25) (Mar. 25, 2020) (Ex. SEC-09-004)	/library/SEC-09-004	/exhibit/SEC-09-004
Ex. SEC-09-005	Phase 1 Construction Restart COVID-19 Job Site Requirements	Governor Jay Inslee (with L&I)	Apr. 24, 2020	Governor Jay Inslee (with L&I), Phase 1 Construction Restart COVID-19 Job Site Requirements (Apr. 24, 2020) (Ex. SEC-09-005)	/library/SEC-09-005	/exhibit/SEC-09-005
Ex. SEC-09-006	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 14, 2021)	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 14, 2021) (Sept. 9, 2021) (Ex. SEC-09-006)	/library/SEC-09-006	/exhibit/SEC-09-006
Ex. SEC-09-007	Industry Operation Guidance: Life-Sustaining Businesses list accompanying the Mar. 19, 2020 Orders closing all businesses that are not life sustaining	Governor Tom Wolf; Secretary of Health Rachel Levine	Mar. 19, 2020	Governor Tom Wolf; Secretary of Health Rachel Levine, Industry Operation Guidance: Life-Sustaining Businesses list accompanying the Mar. 19, 2020 Orders closing all businesses that are not life sustaining (Ex. SEC-09-007)	/library/SEC-09-007	/exhibit/SEC-09-007
Ex. SEC-09-008	Guidance for Businesses in the Construction Industry Permitted to Operate During the COVID-19 Disaster Emergency	Governor Tom Wolf; Secretary of Health	Apr. 23, 2020	Governor Tom Wolf; Secretary of Health, Guidance for Businesses in the Construction Industry Permitted to Operate During the COVID-19 Disaster Emergency (Apr. 23, 2020) (Ex. SEC-09-008)	/library/SEC-09-008	/exhibit/SEC-09-008
Ex. SEC-09-009	Amendments of Apr. 20, 2020 to the Orders closing businesses that are not life sustaining (construction permitted from May 1, 2020)	Governor Tom Wolf; Secretary of Health	Apr. 20, 2020	Governor Tom Wolf; Secretary of Health, Amendments of Apr. 20, 2020 to the Orders closing businesses that are not life sustaining (construction permitted from May 1, 2020) (Ex. SEC-09-009)	/library/SEC-09-009
Ex. SEC-09-010	8 CCR s. 3205, COVID-19 Prevention (section page with History note)	Occupational Safety and Health Standards Board / Cal/OSHA (Department of Industrial Relations)	Nov. 30, 2020	Occupational Safety and Health Standards Board / Cal/OSHA (Department of Industrial Relations), 8 CCR s. 3205, COVID-19 Prevention (section page with History note) (Nov. 30, 2020) (Ex. SEC-09-010)	/library/SEC-09-010	/exhibit/SEC-09-010
Ex. SEC-09-011	COVID-19 Prevention Emergency Temporary Standards, 8 CCR ss. 3205-3205.4, approved text (OAL approval Nov. 30, 2020)	Occupational Safety and Health Standards Board	Nov. 19, 2020	Occupational Safety and Health Standards Board, COVID-19 Prevention Emergency Temporary Standards, 8 CCR ss. 3205-3205.4, approved text (OAL approval Nov. 30, 2020) (Nov. 19, 2020) (Ex. SEC-09-011)	/library/SEC-09-011	/exhibit/SEC-09-011
Ex. SEC-09-012	16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19	Virginia Safety and Health Codes Board; Department of Labor and Industry (VOSH)	July 15, 2020	Virginia Safety and Health Codes Board; Department of Labor and Industry (VOSH), 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 15, 2020) (Ex. SEC-09-012)	/library/SEC-09-012	/exhibit/SEC-09-012
Ex. SEC-09-013	OAR 437-001-0744, Addressing COVID-19 Workplace Risks (temporary rule, Administrative Order 3-2020)	Oregon OSHA (Department of Consumer and Business Services)	Nov. 6, 2020	Oregon OSHA (Department of Consumer and Business Services), OAR 437-001-0744, Addressing COVID-19 Workplace Risks (temporary rule, Administrative Order 3-2020) (Nov. 6, 2020) (Ex. SEC-09-013)	/library/SEC-09-013	/exhibit/SEC-09-013
Ex. SEC-09-014	Administrative Order 2-2021 (permanent rule OAR 437-001-0744 and appendices), Summary of Key Issues: Revision and Extension of Oregon COVID-19 Workplace Rules	Oregon OSHA	May 4, 2021	Oregon OSHA, Administrative Order 2-2021 (permanent rule OAR 437-001-0744 and appendices), Summary of Key Issues: Revision and Extension of Oregon COVID-19 Workplace Rules (May 4, 2021) (Ex. SEC-09-014)	/library/SEC-09-014	/exhibit/SEC-09-014
Ex. SEC-09-017	Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency (NY Forward)	New York State (Governor's Office; Department of Health; Empire State Development) under NY Forward	May 15, 2020	New York State (Governor's Office; Department of Health; Empire State Development) under NY Forward, Interim Guidance for Construction Activities During the COVID-19 Public Health Emergency (NY Forward) (May 15, 2020) (Ex. SEC-09-017)	/library/SEC-09-017	/exhibit/SEC-09-017
Ex. SEC-09-018	Directive DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19)	Occupational Safety and Health Administration	Mar. 12, 2021	Occupational Safety and Health Administration, Directive DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (Mar. 12, 2021) (Ex. SEC-09-018)	/library/SEC-09-018	/exhibit/SEC-09-018
Ex. SEC-09-019	Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19)	Occupational Safety and Health Administration	July 7, 2021	Occupational Safety and Health Administration, Directive DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19) (July 7, 2021) (Ex. SEC-09-019)	/library/SEC-09-019	/exhibit/SEC-09-019
Ex. SEC-09-022	LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites	Los Angeles Department of Building and Safety	Mar. 31, 2020	Los Angeles Department of Building and Safety, LADBS Announcement No. 5, COVID-19 Safety Guidance for Construction Sites (Mar. 31, 2020) (Ex. SEC-09-022)	/library/SEC-09-022	/exhibit/SEC-09-022
Ex. SEC-09-023	Executive Order No. 192	Governor Philip D. Murphy	Oct. 28, 2020	Governor Philip D. Murphy, Executive Order No. 192 (Oct. 28, 2020) (Ex. SEC-09-023)	/library/SEC-09-023	/exhibit/SEC-09-023
Ex. SEC-09-024	Temporary Guidance for Construction in the City of Boston (construction moratorium)	Mayor Martin J. Walsh; Inspectional Services Department; Public Works Department	Mar. 16, 2020	Mayor Martin J. Walsh; Inspectional Services Department; Public Works Department, Temporary Guidance for Construction in the City of Boston (construction moratorium) (Mar. 16, 2020) (Ex. SEC-09-024)	/library/SEC-09-024	/exhibit/SEC-09-024
Ex. SEC-09-025	COVID-19 Safety Plan - Compliance Affidavit (with Construction Site Best Practices Worksheet, Exhibit A)	City of Boston (ISD / PWD)	Apr. 27, 2020	City of Boston (ISD / PWD), COVID-19 Safety Plan - Compliance Affidavit (with Construction Site Best Practices Worksheet, Exhibit A) (Apr. 27, 2020) (Ex. SEC-09-025)	/library/SEC-09-025	/exhibit/SEC-09-025
Ex. SEC-09-026	Letter to All Interested/Affected Parties: incremental expansion of allowed construction	Patrick I. Brophy, Chief of Operations, Office of the Mayor	May 5, 2020	Patrick I. Brophy, Chief of Operations, Office of the Mayor, Letter to All Interested/Affected Parties: incremental expansion of allowed construction (May 5, 2020) (Ex. SEC-09-026)	/library/SEC-09-026	/exhibit/SEC-09-026
Ex. SEC-09-027	Addendum 10 to Executive Order 01-20 (Work Smart & Stay Safe - Restart VT: Phase I)	Governor Philip B. Scott	Apr. 17, 2020	Governor Philip B. Scott, Addendum 10 to Executive Order 01-20 (Work Smart & Stay Safe - Restart VT: Phase I) (Apr. 17, 2020) (Ex. SEC-09-027)	/library/SEC-09-027	/exhibit/SEC-09-027
Ex. SEC-09-028	Addendum 11 to Executive Order 01-20 (Phase II)	Governor Philip B. Scott	Apr. 24, 2020	Governor Philip B. Scott, Addendum 11 to Executive Order 01-20 (Phase II) (Apr. 24, 2020) (Ex. SEC-09-028)	/library/SEC-09-028	/exhibit/SEC-09-028
Ex. SEC-09-029	Addendum 12 to Executive Order 01-20 (Phase III)	Governor Philip B. Scott	May 4, 2020	Governor Philip B. Scott, Addendum 12 to Executive Order 01-20 (Phase III) (May 4, 2020) (Ex. SEC-09-029)	/library/SEC-09-029	/exhibit/SEC-09-029
Ex. SEC-09-030	Addendum 6 to Executive Order 01-20 (Stay Home / Stay Safe)	Governor Philip B. Scott	Mar. 24, 2020	Governor Philip B. Scott, Addendum 6 to Executive Order 01-20 (Stay Home / Stay Safe) (Mar. 24, 2020) (Ex. SEC-09-030)	/library/SEC-09-030	/exhibit/SEC-09-030
Ex. SEC-09-031	Executive Order 2020-21 (Stay Home, Stay Safe)	Governor Gretchen Whitmer	Mar. 23, 2020	Governor Gretchen Whitmer, Executive Order 2020-21 (Stay Home, Stay Safe) (Mar. 23, 2020) (Ex. SEC-09-031)	/library/SEC-09-031	/exhibit/SEC-09-031
Ex. SEC-09-032	Executive Order 2020-42 (Stay Home, Stay Safe extension)	Governor Gretchen Whitmer	Apr. 9, 2020	Governor Gretchen Whitmer, Executive Order 2020-42 (Stay Home, Stay Safe extension) (Apr. 9, 2020) (Ex. SEC-09-032)	/library/SEC-09-032	/exhibit/SEC-09-032
Ex. SEC-09-033	Executive Order 2020-70 (Stay Home, Stay Safe; MI Safe Start)	Governor Gretchen Whitmer	May 1, 2020	Governor Gretchen Whitmer, Executive Order 2020-70 (Stay Home, Stay Safe; MI Safe Start) (May 1, 2020) (Ex. SEC-09-033)	/library/SEC-09-033	/exhibit/SEC-09-033
Ex. SEC-09-034	Executive Order 2020-97 (Safeguards to protect Michigan's workers from COVID-19)	Governor Gretchen Whitmer	May 21, 2020	Governor Gretchen Whitmer, Executive Order 2020-97 (Safeguards to protect Michigan's workers from COVID-19) (May 21, 2020) (Ex. SEC-09-034)	/library/SEC-09-034	/exhibit/SEC-09-034
Ex. SEC-09-035	Addendum 13 to Executive Order 01-20 (Play Smart and Play Safe)	Governor Philip B. Scott	May 6, 2020	Governor Philip B. Scott, Addendum 13 to Executive Order 01-20 (Play Smart and Play Safe) (May 6, 2020) (Ex. SEC-09-035)	/library/SEC-09-035	/exhibit/SEC-09-035
Ex. SEC-09-038	Executive Order No. 243	Governor Philip D. Murphy	May 26, 2021	Governor Philip D. Murphy, Executive Order No. 243 (May 26, 2021) (Ex. SEC-09-038)	/library/SEC-09-038	/exhibit/SEC-09-038
Ex. SEC-09-040	Appendices A and B to the Order of the Health Officer of Apr. 29, 2020 (effective May 4, 2020): Social Distancing Protocol (updated Apr. 29, 2020); Appendix B-1…	Health Officer Dr. Sara H. Cody	Apr. 29, 2020	Health Officer Dr. Sara H. Cody, Appendices A and B to the Order of the Health Officer of Apr. 29, 2020 (effective May 4, 2020): Social Distancing Protocol (updated Apr. 29, 2020); Appendix B-1 Small Construction Project Safety Protocol; Appendix B-2 Large Construction Project Safety Protocol (Ex. SEC-09-040)	/library/SEC-09-040	/exhibit/SEC-09-040
Ex. SEC-09-041	Section 1 of the NY HERO Act: Information & FAQs (timeline and requirements)	New York State Department of Labor (Section 1 of the NY HERO Act; Commissioner of Health designation)	Sept. 6, 2021	New York State Department of Labor (Section 1 of the NY HERO Act; Commissioner of Health designation), Section 1 of the NY HERO Act: Information & FAQs (timeline and requirements) (Sept. 6, 2021) (Ex. SEC-09-041)	/library/SEC-09-041	/exhibit/SEC-09-041
Ex. SEC-09-042	N.Y. Labor Law s. 218-b (Prevention of occupational exposure to an airborne infectious disease)	New York Legislature	May 5, 2021	New York Legislature, N.Y. Labor Law s. 218-b (Prevention of occupational exposure to an airborne infectious disease) (May 5, 2021) (Ex. SEC-09-042)	/library/SEC-09-042
Ex. SEC-09-043	16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19	Virginia Safety and Health Codes Board	Jan. 13, 2021	Virginia Safety and Health Codes Board, 16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (Jan. 13, 2021) (Ex. SEC-09-043)	/library/SEC-09-043	/exhibit/SEC-09-043
Ex. SEC-09-044	COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors	Safer Federal Workforce Task Force (approved by the Director of OMB under EO 14042 s. 2(c))	Sept. 24, 2021	Safer Federal Workforce Task Force (approved by the Director of OMB under EO 14042 s. 2(c)), COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021) (Ex. SEC-09-044)	/library/SEC-09-044	/exhibit/SEC-09-044
Ex. SEC-09-045	Airborne Infectious Disease Exposure Prevention Standard (July 6, 2021)	New York State Department of Labor	July 6, 2021	New York State Department of Labor, Airborne Infectious Disease Exposure Prevention Standard (July 6, 2021) (Ex. SEC-09-045)	/library/SEC-09-045
Ex. SEC-09-047	Model Airborne Infectious Disease Exposure Prevention Plan for Construction Industry (P765B)	New York State Department of Labor	July 6, 2021	New York State Department of Labor, Model Airborne Infectious Disease Exposure Prevention Plan for Construction Industry (P765B) (July 6, 2021) (Ex. SEC-09-047)	/library/SEC-09-047	/exhibit/SEC-09-047
Ex. SEC-09-048	COVID-19 Prevention Emergency Temporary Standards, 8 CCR ss. 3205-3205.4, text as readopted with amendments (Board consideration June 17, 2021)	Occupational Safety and Health Standards Board	June 17, 2021	Occupational Safety and Health Standards Board, COVID-19 Prevention Emergency Temporary Standards, 8 CCR ss. 3205-3205.4, text as readopted with amendments (Board consideration June 17, 2021) (Ex. SEC-09-048)	/library/SEC-09-048	/exhibit/SEC-09-048
Ex. SEC-09-049	'For Federal Contractors' page (as captured Sept. 30, 2021)	Safer Federal Workforce Task Force	Sept. 24, 2021	Safer Federal Workforce Task Force, 'For Federal Contractors' page (as captured Sept. 30, 2021) (Sept. 24, 2021) (Ex. SEC-09-049)	/library/SEC-09-049	/exhibit/SEC-09-049
Ex. SEC-09-GM-001	CONEXPO-CON/AGG & IFPE to Close 1 Day Early, Friday, March 13 at 5 p.m. (AEM statement, Mar. 13, 2020)	Association of Equipment Manufacturers (AEM)	Mar. 13, 2020	Association of Equipment Manufacturers (AEM), CONEXPO-CON/AGG & IFPE to Close 1 Day Early, Friday, March 13 at 5 p.m. (AEM statement, Mar. 13, 2020) (Ex. SEC-09-GM-001)	/library/SEC-09-GM-001	/exhibit/SEC-09-GM-001
Ex. SEC-09-GM-002	CONEXPO-CON/AGG & IFPE Affirm 2020 Show Is Set for March 10-14; Devotes Resources to Address Coronavirus Concerns (AEM release, Feb. 25, 2020)	Association of Equipment Manufacturers (AEM)	Feb. 25, 2020	Association of Equipment Manufacturers (AEM), CONEXPO-CON/AGG & IFPE Affirm 2020 Show Is Set for March 10-14; Devotes Resources to Address Coronavirus Concerns (AEM release, Feb. 25, 2020) (Ex. SEC-09-GM-002)	/library/SEC-09-GM-002	/exhibit/SEC-09-GM-002
Ex. SEC-09-GM-003	AHR Expo Show Update, Oct. 15, 2020: Chicago 2021 is Cancelled; Looking ahead to the 2022 AHR Expo in Las Vegas (with FAQ)	International Exposition Company, co-sponsored by ASHRAE and AHRI	Oct. 15, 2020	International Exposition Company, co-sponsored by ASHRAE and AHRI, AHR Expo Show Update, Oct. 15, 2020: Chicago 2021 is Cancelled; Looking ahead to the 2022 AHR Expo in Las Vegas (with FAQ) (Ex. SEC-09-GM-003)	/library/SEC-09-GM-003	/exhibit/SEC-09-GM-003
Ex. SEC-09-GM-004	NAHB Now, 2021 Design & Construction Week Will be an All-Virtual Event (Oct. 9, 2020)	National Association of Home Builders (NAHB) with the National Kitchen & Bath Association (NKBA) and Emerald	Oct. 9, 2020	National Association of Home Builders (NAHB) with the National Kitchen & Bath Association (NKBA) and Emerald, NAHB Now, 2021 Design & Construction Week Will be an All-Virtual Event (Oct. 9, 2020) (Ex. SEC-09-GM-004)	/library/SEC-09-GM-004	/exhibit/SEC-09-GM-004
Ex. SEC-09-GM-005	World of Concrete 2020: Bringing the Concrete and Masonry Industries Together in Las Vegas (Informa results release, Feb. 13, 2020)	Informa Markets	Feb. 13, 2020	Informa Markets, World of Concrete 2020: Bringing the Concrete and Masonry Industries Together in Las Vegas (Informa results release, Feb. 13, 2020) (Ex. SEC-09-GM-005)	/library/SEC-09-GM-005	/exhibit/SEC-09-GM-005
Ex. SEC-09-GM-006	OSHA, National Safety Stand-Down to Prevent Falls in Construction: Postponed due to COVID-19 (page as captured May 14, 2020, citing the OSHA Trade Release of…	Occupational Safety and Health Administration, U.S. Department of Labor (with NIOSH and CPWR)	Mar. 27, 2020	Occupational Safety and Health Administration, U.S. Department of Labor (with NIOSH and CPWR), OSHA, National Safety Stand-Down to Prevent Falls in Construction: Postponed due to COVID-19 (page as captured May 14, 2020, citing the OSHA Trade Release of Mar. 27, 2020) (Ex. SEC-09-GM-006)	/library/SEC-09-GM-006	/exhibit/SEC-09-GM-006
Ex. SEC-09-GM-007	SkillsUSA, COVID-19 Crisis Forces Cancellation of All In-Person Events at SkillsUSA's 2020 National Leadership and Skills Conference (Mar. 27, 2020)	SkillsUSA	Mar. 27, 2020	SkillsUSA, SkillsUSA, COVID-19 Crisis Forces Cancellation of All In-Person Events at SkillsUSA's 2020 National Leadership and Skills Conference (Mar. 27, 2020) (Ex. SEC-09-GM-007)	/library/SEC-09-GM-007	/exhibit/SEC-09-GM-007
Ex. SEC-09-GM-008	World of Concrete 2021 Announces New Show Dates (Informa notice, Oct. 27, 2020)	Informa Markets	Oct. 27, 2020	Informa Markets, World of Concrete 2021 Announces New Show Dates (Informa notice, Oct. 27, 2020) (Ex. SEC-09-GM-008)	/library/SEC-09-GM-008	/exhibit/SEC-09-GM-008
Ex. SEC-09-GM-009	World of Concrete 2021 Health & Safety FAQs (face masks required, temperature screening, distancing; as captured Mar. 18, 2021)	Informa Markets	Mar. 18, 2021	Informa Markets, World of Concrete 2021 Health & Safety FAQs (face masks required, temperature screening, distancing; as captured Mar. 18, 2021) (Ex. SEC-09-GM-009)	/library/SEC-09-GM-009	/exhibit/SEC-09-GM-009
Ex. SEC-09-GM-010	World of Asphalt, NAPA to Present 'People, Plants, and Paving Digital Conference' March 9-11, 2021 (release, as captured Jan. 17, 2021)	Association of Equipment Manufacturers (AEM) and the National Asphalt Pavement Association (NAPA)		Association of Equipment Manufacturers (AEM) and the National Asphalt Pavement Association (NAPA), World of Asphalt, NAPA to Present 'People, Plants, and Paving Digital Conference' March 9-11, 2021 (release, as captured Jan. 17, 2021) (Ex. SEC-09-GM-010)	/library/SEC-09-GM-010	/exhibit/SEC-09-GM-010
Ex. SEC-09-GM-011	NECA 2020 LIVE: Important Registration Information (convention 'entirely online October 6-8'; site as captured Aug. 7, 2020)	National Electrical Contractors Association (NECA)		National Electrical Contractors Association (NECA), NECA 2020 LIVE: Important Registration Information (convention 'entirely online October 6-8'; site as captured Aug. 7, 2020) (Ex. SEC-09-GM-011)	/library/SEC-09-GM-011	/exhibit/SEC-09-GM-011
Ex. SEC-09-GM-012	IRE Returns to the Show Floor August 10-12 as the Premier Trade Event for Roofing and Exteriors in Las Vegas, NV (Informa release, July 31, 2021)	Informa Markets, with the National Roofing Contractors Association (NRCA)	July 31, 2021	Informa Markets, with the National Roofing Contractors Association (NRCA), IRE Returns to the Show Floor August 10-12 as the Premier Trade Event for Roofing and Exteriors in Las Vegas, NV (Informa release, July 31, 2021) (Ex. SEC-09-GM-012)	/library/SEC-09-GM-012	/exhibit/SEC-09-GM-012
Ex. SEC-09-GM-013	Just Announced! TISE Set to Move Forward this June (Informa release, Mar. 17, 2021)	Informa Markets	Mar. 17, 2021	Informa Markets, Just Announced! TISE Set to Move Forward this June (Informa release, Mar. 17, 2021) (Ex. SEC-09-GM-013)	/library/SEC-09-GM-013	/exhibit/SEC-09-GM-013
Ex. SEC-09-GM-014	Seattle Home Show home page: 'SPRING 2021 SHOW IS CANCELLED' (wording as archived Feb. 15, 2021; live page rendered Sept. 28, 2026)	Seattle Home Show (presented with the Master Builders Association of King and Snohomish Counties)		Seattle Home Show (presented with the Master Builders Association of King and Snohomish Counties), Seattle Home Show home page: 'SPRING 2021 SHOW IS CANCELLED' (wording as archived Feb. 15, 2021; live page rendered Sept. 28, 2026) (Ex. SEC-09-GM-014)	/library/SEC-09-GM-014	/exhibit/SEC-09-GM-014
Ex. SEC-09-GM-015	DBIA, A Virtual Success - Recapping the 2020 Design-Build Conference & Expo (Nov. 6, 2020)	Design-Build Institute of America (DBIA)	Nov. 6, 2020	Design-Build Institute of America (DBIA), DBIA, A Virtual Success - Recapping the 2020 Design-Build Conference & Expo (Nov. 6, 2020) (Ex. SEC-09-GM-015)	/library/SEC-09-GM-015	/exhibit/SEC-09-GM-015
Ex. SEC-09-GM-016	The Utility Expo home page: 'THE SHOW IS ON! SEE YOU IN LOUISVILLE, KY!' Sept. 28-30, 2021; Health & Safety Commitment (as captured Sept. 24, 2021)	Association of Equipment Manufacturers (AEM)	Sept. 24, 2021	Association of Equipment Manufacturers (AEM), The Utility Expo home page: 'THE SHOW IS ON! SEE YOU IN LOUISVILLE, KY!' Sept. 28-30, 2021; Health & Safety Commitment (as captured Sept. 24, 2021) (Ex. SEC-09-GM-016)	/library/SEC-09-GM-016	/exhibit/SEC-09-GM-016
Ex. SEC-09-GM-017	JLC LIVE home page: New England 2020 Exhibit Hall Aug. 28-29, Conference Aug. 26-29, Rhode Island Convention Center (postponed from March; wording as archived…	Informa Markets (Journal of Light Construction)		Informa Markets (Journal of Light Construction), JLC LIVE home page: New England 2020 Exhibit Hall Aug. 28-29, Conference Aug. 26-29, Rhode Island Convention Center (postponed from March; wording as archived Apr. 16, 2020; live page rendered Sept. 28, 2026) (Ex. SEC-09-GM-017)	/library/SEC-09-GM-017	/exhibit/SEC-09-GM-017
Ex. SEC-09-GM-018	AGC Convention home page: September 21-23, 2021, Marriott World Center, Orlando; 'Watch the recap of our 2020 Convention in Las Vegas' (as captured Apr. 21…	Associated General Contractors of America (AGC)	Apr. 21, 2021	Associated General Contractors of America (AGC), AGC Convention home page: September 21-23, 2021, Marriott World Center, Orlando; 'Watch the recap of our 2020 Convention in Las Vegas' (as captured Apr. 21, 2021) (Ex. SEC-09-GM-018)	/library/SEC-09-GM-018	/exhibit/SEC-09-GM-018
Ex. SEC-09-GM-019	2021 PCBC: The ReThink Conference, Oct. 4-7, 2021, Omni La Costa Resort, Carlsbad (replacing the June 16-17, 2021 Moscone Center save-the-date; as captured June…	California Building Industry Association (CBIA)		California Building Industry Association (CBIA), 2021 PCBC: The ReThink Conference, Oct. 4-7, 2021, Omni La Costa Resort, Carlsbad (replacing the June 16-17, 2021 Moscone Center save-the-date; as captured June 24, 2021) (Ex. SEC-09-GM-019)	/library/SEC-09-GM-019	/exhibit/SEC-09-GM-019
Ex. SEC-09-GM-020	NECA 2021 LIVE Convention & Trade Show: 'in-person, this fall in Nashville... Oct. 9-12, 2021' (as captured June 21, 2021)	National Electrical Contractors Association (NECA)	June 21, 2021	National Electrical Contractors Association (NECA), NECA 2021 LIVE Convention & Trade Show: 'in-person, this fall in Nashville... Oct. 9-12, 2021' (as captured June 21, 2021) (Ex. SEC-09-GM-020)	/library/SEC-09-GM-020	/exhibit/SEC-09-GM-020
Ex. SEC-09-GM-022	National Hardware Show FAQs: NHS 2020 (Sept. 1-3) canceled; National Hardware Virtual Show Oct. 12-15, 2020; refunds and credits (as captured Sept. 28, 2020)	Reed Exhibitions (RX)		Reed Exhibitions (RX), National Hardware Show FAQs: NHS 2020 (Sept. 1-3) canceled; National Hardware Virtual Show Oct. 12-15, 2020; refunds and credits (as captured Sept. 28, 2020) (Ex. SEC-09-GM-022)	/library/SEC-09-GM-022	/exhibit/SEC-09-GM-022
Ex. SEC-09-GM-023	FRSA's 98th Annual Convention and the Florida Roofing & Sheet Metal Expo, Gaylord Palms, Kissimmee: CANCELLED (July 15-17, 2020; as captured May 13, 2020)	Florida Roofing and Sheet Metal Contractors Association (FRSA)		Florida Roofing and Sheet Metal Contractors Association (FRSA), FRSA's 98th Annual Convention and the Florida Roofing & Sheet Metal Expo, Gaylord Palms, Kissimmee: CANCELLED (July 15-17, 2020; as captured May 13, 2020) (Ex. SEC-09-GM-023)	/library/SEC-09-GM-023	/exhibit/SEC-09-GM-023
Ex. SEC-09-GM-024	FRSA's 99th Annual Convention and the Florida Roofing & Sheet Metal Expo, July 21-23, 2021, Gaylord Palms, Kissimmee (Health and Safety Info; over 230…	Florida Roofing and Sheet Metal Contractors Association (FRSA)		Florida Roofing and Sheet Metal Contractors Association (FRSA), FRSA's 99th Annual Convention and the Florida Roofing & Sheet Metal Expo, July 21-23, 2021, Gaylord Palms, Kissimmee (Health and Safety Info; over 230 exhibitors; as captured June 22, 2021) (Ex. SEC-09-GM-024)	/library/SEC-09-GM-024	/exhibit/SEC-09-GM-024
Ex. SEC-09-GM-026	WWETT Show 2021 Virtual and Live Events: WWETT+ Feb. 23-25, 2021; in-person show rescheduled from February to May 3-6, 2021, Indiana Convention Center (as…	Informa Markets		Informa Markets, WWETT Show 2021 Virtual and Live Events: WWETT+ Feb. 23-25, 2021; in-person show rescheduled from February to May 3-6, 2021, Indiana Convention Center (as captured Jan. 18, 2021) (Ex. SEC-09-GM-026)	/library/SEC-09-GM-026	/exhibit/SEC-09-GM-026
Ex. SEC-09-GM-027	CFMA Annual Conference & Exhibition 2020: Tips for a Successful Virtual Conference (as captured June 21, 2020)	Construction Financial Management Association (CFMA)		Construction Financial Management Association (CFMA), CFMA Annual Conference & Exhibition 2020: Tips for a Successful Virtual Conference (as captured June 21, 2020) (Ex. SEC-09-GM-027)	/library/SEC-09-GM-027	/exhibit/SEC-09-GM-027
Ex. SEC-09-GM-030	Greenbuild Virtual 2020 Registration is Closed (organizer registration page, as captured June 22, 2021)	Informa Markets for the U.S. Green Building Council		Informa Markets for the U.S. Green Building Council, Greenbuild Virtual 2020 Registration is Closed (organizer registration page, as captured June 22, 2021) (Ex. SEC-09-GM-030)	/library/SEC-09-GM-030	/exhibit/SEC-09-GM-030
Ex. SEC-09-GM-033	Sunbelt Builders Show home page: 20th show July 15-16, 2020, Gaylord Texan; 'utilizing The Governor's Report to Open Texas' (as captured May 19, 2020)	Texas Association of Builders (TAB)		Texas Association of Builders (TAB), Sunbelt Builders Show home page: 20th show July 15-16, 2020, Gaylord Texan; 'utilizing The Governor's Report to Open Texas' (as captured May 19, 2020) (Ex. SEC-09-GM-033)	/library/SEC-09-GM-033	/exhibit/SEC-09-GM-033
Ex. SEC-09-GM-034	Sunbelt Builders Show home page: 20th show July 13-16, 2021, Hilton Anatole, Dallas (as captured July 13, 2021)	Texas Association of Builders (TAB)		Texas Association of Builders (TAB), Sunbelt Builders Show home page: 20th show July 13-16, 2021, Hilton Anatole, Dallas (as captured July 13, 2021) (Ex. SEC-09-GM-034)	/library/SEC-09-GM-034	/exhibit/SEC-09-GM-034
Ex. SEC-09-GM-035	SEBC home page: 2020 Southeast Building Conference (July 30-31, 2020, Kissimmee) cancelled; SEBC 2020 Re-Imagined virtual (as captured about Sept. 1, 2020)	Florida Home Builders Association		Florida Home Builders Association, SEBC home page: 2020 Southeast Building Conference (July 30-31, 2020, Kissimmee) cancelled; SEBC 2020 Re-Imagined virtual (as captured about Sept. 1, 2020) (Ex. SEC-09-GM-035)	/library/SEC-09-GM-035	/exhibit/SEC-09-GM-035
Ex. SEC-09-GM-036	Coverings blog, A Sneak Peek of the Products You'll Find at Coverings 2021 (July 7-9, 2021, Orange County Convention Center, Orlando, and virtually; June 17…	Coverings (Taffy Event Strategies for the Tile Council of North America, Ceramics of Italy, Tile of Spain, the National Tile Contractors Association and the Natural Stone Institute)	June 17, 2021	Coverings (Taffy Event Strategies for the Tile Council of North America, Ceramics of Italy, Tile of Spain, the National Tile Contractors Association and the Natural Stone Institute), Coverings blog, A Sneak Peek of the Products You'll Find at Coverings 2021 (July 7-9, 2021, Orange County Convention Center, Orlando, and virtually; June 17, 2021) (Ex. SEC-09-GM-036)	/library/SEC-09-GM-036	/exhibit/SEC-09-GM-036
Ex. SEC-09-GM-038	Indianapolis Home Show home page: COVID-19 NOTICE, show of Jan. 22-31, 2021 postponed to Apr. 23-May 2, 2021; Virtual Showroom (as captured Jan. 18, 2021)	Marketplace Events		Marketplace Events, Indianapolis Home Show home page: COVID-19 NOTICE, show of Jan. 22-31, 2021 postponed to Apr. 23-May 2, 2021; Virtual Showroom (as captured Jan. 18, 2021) (Ex. SEC-09-GM-038)	/library/SEC-09-GM-038	/exhibit/SEC-09-GM-038
Ex. SEC-09-GM-040	Minneapolis Home + Garden Show home page: COVID-19 NOTICE, show of Mar. 3-7, 2021 postponed to Apr. 28-May 2, 2021; Virtual Showroom (as captured Jan. 25, 2021)	Marketplace Events		Marketplace Events, Minneapolis Home + Garden Show home page: COVID-19 NOTICE, show of Mar. 3-7, 2021 postponed to Apr. 28-May 2, 2021; Virtual Showroom (as captured Jan. 25, 2021) (Ex. SEC-09-GM-040)	/library/SEC-09-GM-040	/exhibit/SEC-09-GM-040
Ex. SEC-09-GM-041	Great Big Home + Garden Show home page: COVID-19 NOTICE, show of Feb. 5-14, 2021 canceled (as captured Jan. 19, 2021)	Marketplace Events		Marketplace Events, Great Big Home + Garden Show home page: COVID-19 NOTICE, show of Feb. 5-14, 2021 canceled (as captured Jan. 19, 2021) (Ex. SEC-09-GM-041)	/library/SEC-09-GM-041	/exhibit/SEC-09-GM-041
Ex. SEC-09-GM-042	PHCC, PHCCCONNECT2021: Reconnecting... Live and In Person (Oct. 20-22, 2021, Kansas City; Nov. 2, 2021)	Plumbing-Heating-Cooling Contractors - National Association (PHCC)	Nov. 2, 2021	Plumbing-Heating-Cooling Contractors - National Association (PHCC), PHCC, PHCCCONNECT2021: Reconnecting... Live and In Person (Oct. 20-22, 2021, Kansas City; Nov. 2, 2021) (Ex. SEC-09-GM-042)	/library/SEC-09-GM-042	/exhibit/SEC-09-GM-042
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004

11. How to use this report

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

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

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

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

Printed from covidproject.com/report?industry=09&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.