Skip to content
The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Agriculture and Food Processing

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 349 instruments cited; 335 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?industry=20&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 Agriculture and Food Processing. 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=20&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)

Agriculture and Food Processing (the industry's regulators, nationally), first day (Apr. 1, 2020): Mar. 13, 2020 (wages after Mar. 12): national emergency (Proclamation 9994); restaurant and school closure orders issuing in every State Mar. 15-24; DOS suspends routine visa services Mar. 20 (Ex. SEC-20-013 recital); USDA Service Centers phone-only from Mar. 23 (bundle, secondary).

Agriculture and Food Processing (the industry's regulators, nationally), last day (June 30, 2020): June 30, 2020: EO 13917 in force (Ex. SEC-20-001); Proclamations 10014 and 10052 in force (Exs. SEC-20-009, -010); DHS H-2A TFR in force to Aug. 18 (Ex. SEC-20-005); WA 20-57 and TWH rules in force (Exs. SEC-20-031 to -033); OR AO 2-2020 in force (Ex. SEC-20-036); CA EO N-51-20 in force (Ex. SEC-20-040); MI EO 2020-114 in force (Ex. SEC-20-045); NC EO 147 effective June 26 (Ex. SEC-20-044); CFAP rule in force (Ex. SEC-20-014); stay-home orders still in force in CA, NJ, NY (regional), IL (Phase 3), MA, and others per State files.

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)

Agriculture and Food Processing (the industry's regulators, nationally), first day (July 1, 2020): July 1, 2020: all of the above except the lapsed 2020 stay-home orders of most States; MI EO 2020-145 (July 9) supersedes 2020-114 (Ex. SEC-20-043); VA ETS July 27 (Ex. SEC-10-042).

Agriculture and Food Processing (the industry's regulators, nationally), last day (Sept. 30, 2020): Sept. 30, 2020: EO 13917; Proclamation 10052; DHS H-2A extension (Aug. 20; Ex. SEC-20-006); MI MDHHS ag testing order (Aug. 3; secondary); WA TWH rules renewed Sept. 10 (WSR 20-19-048/-049; recited in Ex. SEC-20-034); NC EO 147 face-covering rules as extended; VA ETS; OR AO 2-2020 to Oct. 24; CFAP 2 rule (Sept. 22; Ex. SEC-20-015).

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)

Agriculture and Food Processing (the industry's regulators, nationally), first day (Oct. 1, 2020): Oct. 1, 2020: as above; MI EOs invalidated Oct. 2 (In re Certified Questions) and replaced by MDHHS orders (Oct. 5) and MIOSHA emergency rules (Oct. 14).

Agriculture and Food Processing (the industry's regulators, nationally), last day (Dec. 31, 2020): Dec. 31, 2020: EO 13917; Proclamation 10131 (Dec. 31) continuing 10014/10052 to Mar. 31, 2021 (Ex. SEC-20-011); DHS H-2A extension (Dec. 18; Ex. SEC-20-007); Cal/OSHA ETS incl. 3205.3/3205.4 (Nov. 30; Ex. SEC-10-041 text); OR OAR 437-001-0744 (Nov. 16; Ex. SEC-10-054); MIOSHA rules; VA ETS; NC EO 147 rules; WA TWH rules; the winter re-tightening orders of CA, WA, OR, MI, MN, IL, PA, NM, CO (State files) closing indoor dining again (MK).

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)

Agriculture and Food Processing (the industry's regulators, nationally), first day (Jan. 1, 2021): Jan. 1, 2021: as above; CFAP additional assistance rule Jan. 19 (Ex. SEC-20-016); WA TWH rules re-adopted Jan. 8 (Ex. SEC-20-034); VA permanent standard Jan. 27 (Ex. SEC-10-043); CDC conveyance order eff. Feb. 1 (FED-A); CDC inbound air-testing order eff. Jan. 26 (FED-A); Proclamation 10143 (Jan. 25) adds South Africa to entry suspensions (FED-B).

Agriculture and Food Processing (the industry's regulators, nationally), last day (Mar. 31, 2021): Mar. 31, 2021: Proclamations 10014/10052 expire; OSHA NEP DIR 2021-01 (Mar. 12; Ex. SEC-10-014) in force; all workplace standards in force; DHS H-2A filing window open to June 16.

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)

Agriculture and Food Processing (the industry's regulators, nationally), first day (Apr. 1, 2021): Apr. 1, 2021: workplace standards (CA, OR, VA, MI), WA TWH rules, NC EO 147 rules (to May 14), MN EO 20-56 plans (to July 1), NJ EO 122/192 (to June 4), EO 13917, NEP, federal travel layer.

Agriculture and Food Processing (the industry's regulators, nationally), last day (June 30, 2021): June 30, 2021: OR permanent rule (May 4; Ex. SEC-10-055); Cal/OSHA readoption (June 17; Ex. SEC-10-041); NY HERO Act (May 5; Ex. SEC-10-029); MIOSHA rules rescinded June 22; NJ protocols ended June 4; NC masks lifted May 14; DHS H-2A window closed June 16; EO 13917; NEP; federal travel layer.

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)

Agriculture and Food Processing (the industry's regulators, nationally), first day (July 1, 2021): July 1, 2021: EO 13917; NEP DIR 2021-01 (revised July 7 as DIR 2021-03, Ex. SEC-10-015); Cal/OSHA ETS incl. 3205.3/3205.4; OR OAR 437-001-0744; VA 16VAC25-220; WA TWH emergency rules (2021 season; renewal filings not read); CDC conveyance order and TSA SD 1582/84-21-01A; DHS land-border notice (July 21, 2021 extension); entry proclamations incl. South Africa, India, Brazil, China, Iran, Schengen, UK, Ireland; CDC inbound air-testing order; CFAP 2 continuing.

Agriculture and Food Processing (the industry's regulators, nationally), last day (Sept. 30, 2021): Sept. 30, 2021: all of the above plus IL EO 2021-20 (Aug. 30; Ex. SEC-10-036), NV ED 047 (July 30), NM PHO (Aug. 20), LA Proclamation 137 JBE 2021 (Aug. 2, eff. Aug. 4, 2021) (Ex. LA-036), DC (July 31), OR OAR 333-019-1025 and OR-OSHA AO 10-2021 (Aug. 13; Ex. SEC-10-056), WA SOH Order 20-03.4 (Aug. 23), NY HERO designation (Sept. 6; Ex. SEC-10-031), CFAP 2 rule of Aug. 27, 2021 finding 'continuing market disruptions' (Ex. SEC-20-017), EO 14042/14043 (Sept. 9) for federal contractors and employees, the county and city mask orders of July-September 2021 (metro files), school masking and quarantine orders of the 2021-22 year (ECO-B).

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

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

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

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

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

Layer2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Total
Federal layer179163160175165167330
Sector regulators24282320161336
Group meetings and trade shows24211461066
All layers227212197201182180432

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: Agriculture and Food Processing

The conclusion. Agriculture and food processing were reached by orders in every one of the six claimable quarters, and the proof begins with the President's own words. Executive Order 13917 of April 28, 2020 (85 Fed. Reg. 26313) found that 'recent actions in some States have led to the complete closure of some large processing facilities,' that 'closure of a single large beef processing facility can result in the loss of over 10 million individual servings of beef in a single day,' and delegated Defense Production Act authority to the Secretary of Agriculture to ensure that meat and poultry processors 'continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA' (Ex. SEC-20-001, secs. 1, 2(b)). Three weeks later the Secretary of Agriculture published a rule reciting, in the Federal Register, that 'due to the COVID-19 outbreak, many farmers markets, restaurants, and schools have temporarily or permanently closed, thus causing significantly decreased demand for commodities grown by producers that are ordinarily supplied to these places' and that the mitigation measures, 'some of which are government-mandated, are being implemented nationwide and include the closures of restaurants, bars, and gyms' (85 Fed. Reg. 30825, May 21, 2020, Ex. SEC-20-014). The United States therefore holds, in its own Federal Register, the finding that governmental closures of the industry's customers limited the industry's commerce; it repeated the finding on September 22, 2020 ('continuing market disruptions,' Ex. SEC-20-015), on January 19, 2021 (Ex. SEC-20-016) and on August 27, 2021, inside the third quarter of 2021 (Ex. SEC-20-017). 2020 Q2 (Mar. 13 - June 30, 2020). The restaurant, bar, school and event closures of March 15-24, 2020 in every State and the District closed the food-service channel that takes roughly half of consumer food spending; the stay-home orders of 42 States kept the customer base at home; the Department of State suspended routine visa services at every embassy and consulate as of March 20, 2020 and restored H-2 processing only by interview waiver on March 26, 2020 (Ex. SEC-20-013); DHS rewrote the H-2A regulations by temporary final rule on April 20, 2020 because of 'disruptions and uncertainty to the U.S. food agriculture sector' (85 Fed. Reg. 21739, Ex. SEC-20-005); Proclamation 10014 (April 22) suspended immigrant entry and Proclamation 10052 (June 22, effective June 24) suspended H-2B entry except for labor 'essential to the United States food supply chain' (Exs. SEC-20-009, -010). Plants closed under State and county pressure or outbreak: Smithfield Sioux Falls halted production April 11-14, 2020 and 'would be shut down indefinitely' (CDC memorandum to the South Dakota Department of Health, Ex. SEC-20-020); JBS Greeley, JBS Worthington, Tyson Waterloo, Tyson Columbus Junction, Tyson Logansport, Tyson Wallula, JBS Green Bay, JBS Souderton and Cargill Hazleton closed for one to three weeks each between March 31 and May 7, 2020; the CDC counted 4,913 cases and 20 deaths in 115 plants in 19 States by April 27, 2020 and 16,233 cases and 86 deaths in 239 plants in 23 States by May 31, 2020 (MMWR 69:557 and 69:887). Washington prohibited any agricultural employer 'from continuing to operate beyond June 3, 2020, unless the employer complies with all provisions of the Agriculture COVID-19 Requirements' (Proclamation 20-57, May 28, 2020, Ex. SEC-20-031) and, with the Department of Health and Labor and Industries, rewrote temporary-worker-housing law by emergency rule on May 13, 2020, prohibiting top bunks, requiring isolation housing and revised management plans (WSR 20-11-024 and -025, Exs. SEC-20-032, -033); Oregon OSHA's temporary rule of April 28, 2020 (effective May 11) imposed a social-distancing officer, six-foot spacing in fields, breaks and meals, and housing and transportation limits on every labor-intensive agricultural operation (OAR 437-001-0749, Ex. SEC-20-036); California's EO N-51-20 (April 16, 2020) imposed supplemental paid sick leave on food-sector hiring entities of 500 or more employees (Ex. SEC-20-040). 2020 Q3. The plant safeguards became law: Michigan's EO 2020-114 (June 5) and EO 2020-145 (July 9) carried industry-specific safeguard sections through October 2, 2020 (Exs. SEC-20-045, -043); North Carolina's EO 147 (June 24, effective 5:00 p.m. June 26) required face coverings for 'all workers' in NAICS 111, 112, 1151 and 1152 and surgical masks for 'all workers in any meat or poultry processing plant, packing plant, or slaughterhouse' (Ex. SEC-20-044, sec. 3.5(7)-(8)); Virginia's ETS of July 27, 2020 named 'poultry, meat, and seafood processing; agricultural and hand labor' among the settings it governed (Ex. SEC-10-042); Michigan's MDHHS ordered baseline and pre-work testing of migrant-housing residents, farmworkers, greenhouse workers and meat, poultry and egg processors on August 3, 2020; Washington renewed its housing rules on September 10, 2020 (WSR 20-19-048, -049); DHS extended the H-2A flexibilities on August 20, 2020 (Ex. SEC-20-006); OSHA cited Smithfield (Sept. 10) and JBS (Sept. 11) for failing to protect employees (Ex. SEC-20-022). 2020 Q4. Cal/OSHA's ETS took effect November 30, 2020 with sections 3205.3 (employer-provided housing) and 3205.4 (employer-provided transportation) written for farm labor camps and crew buses (Ex. SEC-10-041); Oregon OSHA's all-workplace rule took effect November 16, 2020 (Ex. SEC-10-054); MIOSHA's emergency rules bound every Michigan employer from October 14, 2020; DHS extended the H-2A flexibilities again on December 18, 2020 (Ex. SEC-20-007); Proclamation 10131 (Dec. 31, 2020) carried the entry suspensions to March 31, 2021 (Ex. SEC-20-011). 2021 Q1. Washington re-adopted the housing rules on January 8, 2021 (WSR 21-03-012, Ex. SEC-20-034); Virginia's permanent standard took effect January 27, 2021; the CDC conveyance order (86 Fed. Reg. 8025) governed every crew bus and every worker's flight from February 1, 2021; OSHA's National Emphasis Program of March 12, 2021 listed NAICS 311611, 311612 and 311615 for programmed inspection. 2021 Q2. Oregon's rule became permanent May 4, 2021; Cal/OSHA re-adopted its ETS June 17, 2021; New York enacted the HERO Act May 5, 2021; the DHS H-2A filing window under the December rule closed June 16, 2021. 2021 Q3. What was in force is listed in q3_2021_in_force: EO 13917's delegation; the revised NEP of July 7, 2021 targeting meat and poultry plants; the California, Oregon, Virginia and (from September 6) New York workplace standards; the Washington housing rules and the August 23, 2021 statewide indoor mask order; the Delta-wave mask orders of Illinois, Nevada, New Mexico, Louisiana, Hawaii, Oregon, Washington and the District and of the metropolitan counties; the federal conveyance and land-border instruments to November 8, 2021; the entry proclamations that required national-interest exceptions for H-2A workers from South Africa and other listed countries; and USDA's own August 27, 2021 finding of 'continuing market disruptions.' The industry's suspension in the third quarter of 2021 is documented from the orders' own terms, and the restoration period the April 2020 closures compelled (herds depopulated, crops disked under, contracts cancelled, seasonal crews not admitted) ran on the orders' own dates through the 2021 season.

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.

CodeFunction
FPfarm production and harvest (worker housing, distancing, testing rules)
PKpacking and processing plants (EO 13917, State plant orders, outbreak closures)
LBlabor (H-2A consular closures, quarantines)
MKmarkets (farmers markets, restaurants, schools, export)
TRtransport and exports (borders, ports)
INinputs (seed, parts, equipment from closed plants)
HRhiring, screening, training and credentialing
OPoffice, administration and telework
WFworkforce availability
CBthe 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-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-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-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-075
Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use

Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, 85 Fed. Reg. 20195 (Apr. 10, 2020)

Federal Emergency Management Agency, DHS, United States (all exports of covered PPE) (Federal)

Dates
In force from Apr. 7, 2020 to Aug. 10, 2020
Quarters
2020 Q22020 Q3
Limitations
Travel and quarantineSupply chain
Functions reached
SC/DS export and distribution of N95 respirators, surgical masks, gloves and other covered PPE; PT ports and freight (logistics); MK exporters' foreign customer commerce
Grade
Primary source read
Days in this quarter
85 (in force on the last day)

The Federal Emergency Management Agency (FEMA) is issuing a temporary rule to allocate certain scarce or threatened materials for domestic use, so that these materials may not be exported from the United States without explicit approval by FEMA. The rule covers five types of personal protective equipment (PPE), outlined below. While this rule remains in effect, and subject to certain exemptions stated below, no shipments of such designated materials may leave the United States without explicit approval by FEMA.

Enforcement: DPA § 103 (50 U.S.C. § 4513) criminal penalties; CBP detention of shipments at the port

Citation: 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) 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-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-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-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-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-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
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 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
107 (in force on the last day)

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-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-281
Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019

Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019

Deputy Secretary of Defense David L. Norquist, United States (Department of Defense) (Federal)

Dates
In force from Mar. 16, 2020 to May 22, 2020 (issued Mar. 13, 2020)
Quarters
2020 Q2
Limitations
Travel and quarantine
Functions reached
TV PCS, TDY and Government-funded leave travel halted for 1.3 million service members and DoD civilians; CB moving companies, hotels, airlines and installation-town commerce; MK DoD trade-show and conference attendance
Grade
Primary source read
Days in this quarter
68

All DoD military personnel will stop movement while this memorandum is in effect. [as quoted in contemporaneous press]

Enforcement: DoD directive; exceptions for mission-essential, humanitarian and extreme-hardship travel

Citation: 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) 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-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
105 (in force on the last day)

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-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-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
103 (in force on the last day)

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
103 (in force on the last 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

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 (Mar. 24, 2020)

Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada

U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, United States-Canada land border (all land ports of entry and ferry terminals) (Federal)

Dates
In force from Mar. 20, 2020 to Apr. 20, 2020 (issued Mar. 24, 2020)
Quarters
2020 Q2
Limitations
Travel and quarantine
Functions reached
TV cross-border tourism, shopping and recreation travel from Canada (border retail, hotels, casinos, attractions, second-home owners); CB Canadian customer base of border-State businesses; MK cross-border events and cultural events; SC unaffected for cargo (lawful cross-border trade is essential travel)
Grade
Primary source read
Days in this quarter
32

land ports of entry along the U.S.-Canadian border will suspend normal operations and process for entry only those travelers engaged in 'essential travel'... The following travel does not fall within the definition of 'essential travel' for purposes of this Notification: Individuals traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events).... this Notification does not apply to air, freight rail, or sea travel... DATES: These restrictions go into effect at 11:59 p.m. Eastern Daylight Time (EDT) on March 20, 2020 and will remain in effect until 11:59 p.m. EDT on April 20, 2020.

Enforcement: CBP officers at ports of entry refuse processing of travelers not engaged in essential travel; 19 U.S.C. § 1318(b)

Citation: 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) Open the exhibit

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 (Mar. 24, 2020)

Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico

DHS (Acting Secretary Chad F. Wolf), with CBP, United States-Mexico land border (all land ports of entry and ferry terminals) (Federal)

Dates
In force from Mar. 20, 2020 to Apr. 20, 2020 (issued Mar. 24, 2020)
Quarters
2020 Q2
Limitations
Travel and quarantine
Functions reached
TV cross-border shopping, medical, dental and recreation travel from Mexico (border-city retail, dental and pharmacy clusters, restaurants, hotels); CB Mexican customer base of Texas, Arizona, New Mexico and California border commerce; SC unaffected for cargo; WF cross-border commuting workers permitted as essential
Grade
Primary source read
Days in this quarter
32

travel through the land ports of entry and ferry terminals along the United States-Mexico border shall be limited to 'essential travel,' which includes, but is not limited to... Individuals traveling to work in the United States (e.g., individuals working in the farming or agriculture industry who must travel between the United States and Mexico in furtherance of such work);... Individuals engaged in lawful cross-border trade (e.g., truck drivers supporting the movement of cargo between the United States and Mexico)... The following travel does not fall within the definition of 'essential travel'... Individuals traveling for tourism purposes (e.g., sightseeing, recreation, gambling, or attending cultural events).... DATES: These restrictions go into effect at 11:59 p.m. Eastern Daylight Time (EDT) on March 20, 2020 and will remain in effect until 11:59 p.m. EDT on April 20, 2020.

Enforcement: CBP officers refuse processing of non-essential travelers; 19 U.S.C. § 1318(b)

Citation: 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) 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-327
Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)

Suspension of Routine Visa Services

U.S. Department of State, Bureau of Consular Affairs, United States (all U.S. embassies and consulates) (Federal)

Dates
In force from Mar. 20, 2020 to July 15, 2020
Quarters
2020 Q22020 Q3
Limitations
Travel and quarantineOther
Functions reached
HR foreign hires, transferees and students could not obtain visas; LB H-2A and H-2B labor confined to emergency and interview-waiver processing; TV inbound business visitors (B-1) could not obtain visas; CB foreign customers and distributors; MK inbound trade-show attendance
Grade
Primary source read
Days in this quarter
103 (in force on the last day)

[The Department of] State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020.... Last Updated: March 20, 2020

Enforcement: consular operations

Citation: 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) Open the exhibit

Ex. FED-071
Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-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-183
Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices

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

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

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

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

Enforcement: Framework

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

Ex. FED-074
Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

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

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

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

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

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

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

Ex. FED-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 services

Important Announcement on H2 Visas

U.S. Department of State, Bureau of Consular Affairs, United States (Department of State consular posts worldwide; H-2 processing chiefly at Mission Mexico) (Federal)

Dates
In force from Mar. 26, 2020 to July 15, 2020
Quarters
2020 Q22020 Q3
Limitations
Travel and quarantineOther
Functions reached
LB H-2A farm labor arrivals limited to interview-waiver-eligible returning workers; WF H-2B seasonal labor (landscaping, hospitality, seafood processing); FP planting and harvest schedules
Grade
Confirmed from a secondary source
Days in this quarter
97 (in force on the last day)

Enforcement: consular processing rules

Citation: 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)

Ex. FED-072
Executive Order 13911

Delegating Additional Authority Under the Defense Production Act With Respect to Health and Medical Resources To Respond to the Spread of COVID-19, 85 Fed. Reg. 18403 (Apr. 1, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from Mar. 27, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Supply chain
Functions reached
SC (federal direction of medical-supply production and purchasing); PF manufacturing (title III contracts)
Grade
Primary source read
Days in this quarter
96 (in force on the last day)

Sec. 2. Delegation of Authority Under Title III of the Act. (a) Notwithstanding Executive Order 13603 of March 16, 2012 (National Defense Resources Preparedness), the Secretary of Health and Human Services and the Secretary of Homeland Security are each delegated, with respect to responding to the spread of COVID-19 within the United States, the authority of the President conferred by sections 301, 302, and 303 of the Act (50 U.S.C. 4531, 4532, and 4533)

Enforcement: DPA title III (purchases, purchase commitments, installation of equipment in private plants)

Citation: President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072) Open the exhibit

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-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

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 Agriculture and Food Processing

Ex. SEC-20-048
COVID-19 Health Mandate 010 (Mar. 23, 2020): International and Interstate Travel - Order for Self-Quarantine; Attachment A: Alaska Essential Services and Critical Workforce Infrastructure Order (protective plans)

same

Governor Dunleavy; DHSS, Alaska (State)

Dates
In force from Mar. 25, 2020 to June 6, 2020 (issued Mar. 23, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Travel and quarantineWorkplace rulesQuarantine and isolation
Functions reached
LB; PK; TR; WF
Grade
Confirmed from a secondary source
Days in this quarter
74

Enforcement: AS 12.55.035 fines recited

Citation: Governor Dunleavy; DHSS, COVID-19 Health Mandate 010 (Mar. 23, 2020): International and Interstate Travel - Order for Self-Quarantine; Attachment A: Alaska Essential Services and Critical Workforce Infrastructure Order (protective plans) (Ex. SEC-20-048)

Ex. SEC-20-047
COVID-19 Health Mandate 017

Protective Measures for Independent Commercial Fishing Vessels

Governor Mike Dunleavy; Commissioner Adam Crum (DHSS); Dr. Anne Zink (Chief Medical Officer), Alaska (State)

Dates
In force from Apr. 24, 2020 to Sept. 30, 2020 (issued Apr. 23, 2020)
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rulesQuarantine and isolation
Functions reached
PK seafood processors' supply (vessels must certify compliance to buyers); LB crews (quarantine and screening); TR; WF
Grade
Primary source read
Days in this quarter
68 (in force on the last day)

Independent commercial fishing vessels operating in Alaskan waters and ports must enact the protective measures and procedures described in Appendix 01, the Alaska Protective Plan for Commercial Fishing Vessels... Vessel captains are required to maintain documentation as directed by Appendix 01, Paragraph I, and must provide a copy of the Mandate 017 Acknowledgement Form (Appendix 02) upon request by any seafood purchasing agent

Enforcement: Reckless endangerment, class A misdemeanor (AS 11.41.250), as recited

Citation: Governor Mike Dunleavy; Commissioner Adam Crum (DHSS); Dr. Anne Zink (Chief Medical Officer), COVID-19 Health Mandate 017 (Apr. 23, 2020) (Ex. SEC-20-047) Open the exhibit

Ex. SEC-20-001
Executive Order 13917

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

President Donald J. Trump, United States (Federal)

Dates
In force from Apr. 28, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesSupply chain
Functions reached
PK plants placed under DPA priority and allocation authority and directed to operate under the CDC/OSHA guidance; SC/MK packer capacity and allocation; WF plant workforce under the incorporated guidance (distancing, barriers, screening, masks)
Grade
Primary source read
Days in this quarter
64 (in force on the last day)

recent actions in some States have led to the complete closure of some large processing facilities... closure of a single large beef processing facility can result in the loss of over 10 million individual servings of beef in a single day... 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…

Enforcement: DPA secs. 101, 103 (50 U.S.C. 4511, 4513: willful failure to perform prioritized contracts or orders punishable by fine and imprisonment); orders and regulations of the Secretary under sec. 2(c)

Citation: President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001) Open the exhibit

Ex. SEC-20-031
Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3)

Concerning the Health of Agricultural Workers

Governor Jay Inslee, Washington (State)

Dates
In force from June 3, 2020 to June 30, 2021 (issued May 28, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Business closureGathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
FP fields and orchards; PK packing warehouses; LB housing and transport; WF; HR
Grade
Primary source read
Days in this quarter
28 (in force on the last day)

I hereby modify those provisions of Proclamation 20-25 (as amended) applicable to essential workers and workplaces to prohibit any agricultural employer from continuing to operate beyond June 3, 2020, unless the employer complies with all provisions of the Agriculture COVID-19 Requirements - Provisions for All Worksites and Work-Related Functions found here, which prohibition shall remain in effect throughout the duration of the State of Emergency.... These requirements do not apply to meat or other food processing operations.

Enforcement: 'Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5) in addition to enforcement actions taken by the Washington Department of Labor & Industries' Division of Occupational Health and Safety.'

Citation: Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031) Open the exhibit

Ex. SEC-20-027
Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85 Fed. Reg. 21739)

Status of U.S. Consular Operations in Mexico in Light of COVID-19

U.S. Embassy and Consulates in Mexico, United States Mission Mexico (Federal)

Dates
In force from Mar. 18, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineCourts and public offices
Functions reached
LB; FP
Grade
Confirmed from a secondary source
Days in this quarter
105 (in force on the last day)

Enforcement: Administrative

Citation: U.S. Embassy and Consulates in Mexico, Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85 Fed. Reg. 21739) (Mar. 18, 2020) (Ex. SEC-20-027)

Ex. SEC-20-012
Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020)

Suspension of Routine Visa Services

Department of State, Bureau of Consular Affairs, United States (all embassies and consulates) (Federal)

Dates
In force from Mar. 20, 2020 to July 14, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineCourts and public offices
Functions reached
LB the H-2A and H-2B pipeline (Monterrey, Mexico processes most H-2A visas); HR; FP planting and harvest crews
Grade
Primary source read
Days in this quarter
103 (in force on the last day)

the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide emergency and mission critical visa services.

Enforcement: Administrative (no appointments; no adjudication)

Citation: Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020) (Ex. SEC-20-012) Open the exhibit

Ex. SEC-20-013
Important Announcement on H2 Visas

Important Announcement on H2 Visas (Last Updated March 26, 2020)

Department of State, Bureau of Consular Affairs, United States (Federal)

Dates
In force from Mar. 26, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantine
Functions reached
LB (processing 'as permitted by post resources and local government restrictions'); FP; HR
Grade
Primary source read
Days in this quarter
97 (in force on the last day)

the Department of State temporarily suspended routine visa services at all U.S. Embassies and Consulates as of March 20, 2020... The H-2 program is essential to the economy and food security of the United States and is a national security priority. Therefore, we intend to continue processing H-2 cases as much as possible, as permitted by post resources and local government restrictions.... Consular officers can, if they so choose, now waive the visa interview requirement for first-time and returning H-2 applicants who have no apparent ineligibility

Enforcement: Administrative

Citation: Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020) (Ex. SEC-20-013) Open the exhibit

Ex. SEC-20-040
Executive Order N-51-20

COVID-19 Supplemental Paid Sick Leave for Food Sector Workers

Governor Gavin Newsom, California (State)

Dates
In force from Apr. 16, 2020 to Sept. 9, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Workplace rulesQuarantine and isolation
Functions reached
WF paid leave mandate; FP; PK; OP
Grade
Confirmed from a secondary source
Days in this quarter
76 (in force on the last day)

(scanned PDF; text not machine-readable; content per the Governor's release: up to 80 hours of supplemental paid sick leave for food sector workers subject to quarantine or isolation orders)

Enforcement: Labor Commissioner (Labor Code 248)

Citation: Governor Gavin Newsom, Executive Order N-51-20 (Apr. 16, 2020) (Ex. SEC-20-040) Open the exhibit

Ex. SEC-20-005
Temporary Final Rule, 85 Fed. Reg. 21739 (CIS No. 2667-20; DHS Docket USCIS-2020-0008)

Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency

Department of Homeland Security, U.S. Citizenship and Immigration Services, United States (Federal)

Dates
In force from Apr. 20, 2020 to Aug. 18, 2020
Quarters
2020 Q22020 Q3
Limitations
Travel and quarantineOther
Functions reached
LB the H-2A labor pipeline (the rule is the Government's own finding that consular and travel limits disrupted farm labor); FP harvest crews; HR
Grade
Primary source read
Days in this quarter
72 (in force on the last day)

As a result of disruptions and uncertainty to the U.S. food agriculture sector during the upcoming summer agricultural season caused by the global novel Coronavirus Disease 2019 (COVID-19) public health emergency, the Department of Homeland Security... has decided to temporarily amend the regulations regarding temporary and seasonal agricultural workers... The Department is temporarily removing certain limitations on agricultural employers and workers in order to provide agricultural employers with an orderly and timely flow of legal foreign workers, thereby protecting the integrity of the nation's food supply chain

Enforcement: Regulatory (8 CFR 214.2(h)(5) as temporarily amended)

Citation: Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Final Rule, 85 Fed. Reg. 21739 (CIS No. 2667-20; DHS Docket USCIS-2020-0008) (Apr. 20, 2020) (Ex. SEC-20-005) Open the exhibit

Ex. SEC-20-009
Proclamation 10014, 85 Fed. Reg. 23441

Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak

President, United States (Federal)

Dates
In force from Apr. 23, 2020 to Mar. 31, 2021 (issued Apr. 22, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Travel and quarantine
Functions reached
LB immigrant-visa pipeline for permanent farm and plant workers and their families; WF
Grade
Primary source read
Days in this quarter
69 (in force on the last day)

Sec. 4. Termination. This proclamation shall expire 60 days from its effective date and may be continued as necessary.

Enforcement: Consular officers; CBP

Citation: President, Proclamation 10014, 85 Fed. Reg. 23441 (Apr. 22, 2020) (Ex. SEC-20-009) Open the exhibit

Ex. SEC-20-002
Interim Guidance: Meat and Poultry Processing Workers and Employers

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA)

CDC and OSHA (joint interim guidance), United States (Federal)

Dates
In force from Apr. 26, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
PK line spacing, barriers, staggered shifts, cohorting, screening; WF transport and housing practices; HR screening and return-to-work
Grade
Primary source read
Days in this quarter
66 (in force on the last day)

meat and poultry processing workers often work close to one another on processing lines... often have prolonged closeness to coworkers (e.g., for 10-12 hours per shift)... A common practice at some workplaces of sharing transportation such as ride-share vans or shuttle vehicles, car-pools, and public transportation

Enforcement: Through EO 13917 (USDA DPA authority) and OSHA general duty clause citations (Exs. SEC-20-022)

Citation: CDC and OSHA (joint interim guidance), Interim Guidance: Meat and Poultry Processing Workers and Employers (Apr. 26, 2020) (Ex. SEC-20-002) Open the exhibit

Ex. SEC-20-036
Administrative Order 2-2020; OAR 437-001-0749

Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation

Oregon OSHA, Department of Consumer and Business Services, Oregon (State)

Dates
In force from May 11, 2020 to Oct. 24, 2020 (issued Apr. 28, 2020)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
FP hand-labor operations; LB housing and transport; WF; HR
Grade
Primary source read
Days in this quarter
51 (in force on the last day)

(5) Social distancing officer. Affected agricultural employers must identify one or more individuals who will be responsible for identifying appropriate social distancing and sanitation measures and ensuring that such measures are implemented. (6) General social distancing requirement. Affected agricultural employers must plan and implement work activities so that workers will not need to be within 6 feet of each other as they perform their duties, during breaks, or during meal periods.

Enforcement: Oregon Safe Employment Act citations and penalties (ORS 654.086)

Citation: Oregon OSHA, Department of Consumer and Business Services, Administrative Order 2-2020; OAR 437-001-0749 (Apr. 28, 2020) (Ex. SEC-20-036) Open the exhibit

Ex. SEC-20-008
Temporary Final Rule, 85 Fed. Reg. 28843

Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency

DHS, USCIS, United States (Federal)

Dates
In force from May 14, 2020 to Sept. 11, 2020
Quarters
2020 Q22020 Q3
Limitations
Travel and quarantineOther
Functions reached
LB seafood, crab, crawfish and meat-processing H-2B labor; PK
Grade
Primary source read
Days in this quarter
48 (in force on the last day)

The Department is temporarily removing certain limitations on employers or U.S. agents seeking to hire certain H-2B workers already in the United States to provide temporary labor or services essential to the U.S. food supply chain, and certain H-2B workers, who are essential to the U.S. food supply chain, seeking to extend their stay.

Enforcement: Regulatory

Citation: DHS, USCIS, Temporary Final Rule, 85 Fed. Reg. 28843 (May 14, 2020) (Ex. SEC-20-008) Open the exhibit

Ex. SEC-20-032
Emergency rule WSR 20-11-025, new WAC 296-307-16102

Temporary worker housing: COVID-19 requirements

Department of Labor and Industries (with Department of Health), Washington (State)

Dates
In force from May 18, 2020 to Sept. 30, 2021 (issued May 13, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
LB housing capacity cut (top bunks barred; cohorts of fifteen); FP crews; WF
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

The emergency rule requires operators: Educate occupants... on COVID-19; Provide occupants cloth face coverings; Ensure physical distancing of occupants when at housing sites, which includes all cooking, eating, bathing, washing, recreational, and sleeping facilities; Ensure frequent cleaning and disinfecting of surfaces; Identify and isolate occupants with suspect and confirmed positive cases; and Submit to DOH a revised temporary worker housing management plan... The physical distancing requirements of the emergency rule otherwise prohibit the use of the top bunk of bunk beds.

Enforcement: WISHA citations and penalties (chapter 49.17 RCW); DOH licensing (chapter 70.114A RCW)

Citation: Department of Labor and Industries (with Department of Health), Emergency rule WSR 20-11-025, new WAC 296-307-16102 (May 13, 2020) (Ex. SEC-20-032) Open the exhibit

Ex. SEC-20-033
Emergency rule WSR 20-11-024, chapter 246-358 WAC

Temporary worker housing: COVID-19 requirements

Department of Health (with Department of Labor and Industries), Washington (State)

Dates
In force from May 18, 2020 to Sept. 30, 2021 (issued May 13, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
LB; FP; WF
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

(DOH companion to WSR 20-11-025; same requirements)

Enforcement: DOH licensing

Citation: Department of Health (with Department of Labor and Industries), Emergency rule WSR 20-11-024, chapter 246-358 WAC (May 13, 2020) (Ex. SEC-20-033) Open the exhibit

Ex. SEC-20-045
Executive Order 2020-114

Safeguards to protect Michigan's workers from COVID-19 (rescinding EO 2020-97)

Governor Gretchen Whitmer, Michigan (State)

Dates
In force from June 5, 2020 to July 9, 2020
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
PK; FP; LB; WF; HR; OP
Grade
Confirmed from a secondary source
Days in this quarter
26 (in force on the last day)

(scanned; not machine-readable)

Enforcement: MCL 30.405(3)

Citation: Governor Gretchen Whitmer, Executive Order 2020-114 (June 5, 2020) (Ex. SEC-20-045) Open the exhibit

Ex. SEC-20-026
Interim Guidance for Agricultural Workers and Employers (June 12, 2020)

same

CDC and DOL, United States (Federal)

Dates
In force from June 12, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rules
Functions reached
FP; LB; WF
Grade
Confirmed from a secondary source
Days in this quarter
19 (in force on the last day)

Enforcement: guidance incorporated by State orders (WA 20-57 requirements; NY, CA, MN guidance)

Citation: CDC and DOL, Interim Guidance for Agricultural Workers and Employers (June 12, 2020) (Ex. SEC-20-026)

Ex. SEC-20-010
Proclamation 10052, 85 Fed. Reg. 38263

Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak

President, United States (Federal)

Dates
In force from June 24, 2020 to Mar. 31, 2021 (issued June 22, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Travel and quarantine
Functions reached
LB H-2B seafood and food-processing labor (exception required case-by-case consular determination); PK; IN (H-1B engineers for equipment suppliers)
Grade
Primary source read
Days in this quarter
7 (in force on the last day)

Sec. 2. Suspension and Limitation on Entry. The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation: (a) an H-1B or H-2B visa... Sec. 3... (b)... (iii) any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain

Enforcement: Consular officers (sec. 4); CBP

Citation: President, Proclamation 10052, 85 Fed. Reg. 38263 (June 22, 2020) (Ex. SEC-20-010) Open the exhibit

Ex. SEC-20-044
Executive Order No. 147

Extension of Phase 2 Order and New Interim Measures to Save Lives in the COVID-19 Pandemic (face coverings)

Governor Roy Cooper, North Carolina (State)

Dates
In force from June 26, 2020 to June 30, 2021 (issued June 24, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirementWorkplace rules
Functions reached
FP 'migrant farm, other farm, and agricultural settings'; PK slaughterhouses (surgical masks); WF; HR
Grade
Primary source read
Days in this quarter
5 (in force on the last day)

7. In Certain High-Density Occupational Settings Where Social Distancing is Difficult. Social distancing is inherently difficult where multiple workers are together in manufacturing settings, at construction sites, and in migrant farm, other farm, and agricultural settings. Therefore, in businesses or operations within North American Industry Classification System (NAICS) sectors 311 to 339 (manufacturing), 236 to 238 (construction), and 111, 112, 1151, and 1152 (agriculture), all workers must wear Face Coverings when they are or may be within six (6) feet of another person. 8. In Meat or Poultry Processing Plants. All workers in any meat or poultry processing plant, packing plant, or slaughterhouse must wear Face Coverings when they are or may be within six (6) feet of another person, and those Face Coverings must be Surgical Masks, as long as Surgical Mask supplies are available.

Enforcement: N.C. Gen. Stat. 166A-19.30(d) (Class 2 misdemeanor) as recited in EO 141/147

Citation: Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. SEC-20-044) Open the exhibit

Ex. SEC-20-025
USDA Service Centers Open for Business by Phone Appointment Only (Mar. 23, 2020)

same

USDA Farm Production and Conservation, United States (Federal)

Dates
In force from Mar. 23, 2020 to Dec. 31, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Telework mandateCourts and public offices
Functions reached
OP program paperwork by phone only; CB (FSA loans, NRCS contracts)
Grade
Confirmed from a secondary source
Days in this quarter
100 (in force on the last day)

Enforcement: administrative

Citation: USDA Farm Production and Conservation, USDA Service Centers Open for Business by Phone Appointment Only (Mar. 23, 2020) (Ex. SEC-20-025)

Ex. SEC-20-020
Memorandum: Strategies to reduce COVID-19 transmission at the Smithfield Foods Sioux Falls Pork Plant

same

CDC (NIOSH and NCEZID) memorandum to Joshua Clayton, South Dakota Department of Health, South Dakota (Smithfield Foods Sioux Falls) (Federal)

Dates
In force from Apr. 22, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Other
Functions reached
PK (closure of the plant that processed 4-5 percent of U.S. pork); FP (hog producers backed up); MK; TR
Grade
Primary source read
Days in this quarter
70 (in force on the last day)

No harvesting or further production work were taking place in the plant while we were on site. The first case among employees was detected on March 24, 2020. Smithfield Foods announced that the process to halt production began on April 11, 2020. The [process was] completed on April 14, 2020 and that the plant would be shut down indefinitely while Smithfield Foods continued extensive sanitation and modification efforts in the plant.

Enforcement: n/a

Citation: CDC (NIOSH and NCEZID) memorandum to Joshua Clayton, South Dakota Department of Health, Memorandum: Strategies to reduce COVID-19 transmission at the Smithfield Foods Sioux Falls Pork Plant (Apr. 22, 2020) (Ex. SEC-20-020) Open the exhibit

Ex. SEC-20-018
MMWR: COVID-19 Among Workers in Meat and Poultry Processing Facilities, 19 States, April 2020

COVID-19 Among Workers in Meat and Poultry Processing Facilities - 19 States, April 2020

CDC (MMWR 69(18):557-561, Dyal et al.), United States (19 States reporting) (Federal)

Dates
In force from May 8, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Other
Functions reached
PK (facts of the plant outbreaks and closures the orders addressed)
Grade
Primary source read
Days in this quarter
54 (in force on the last day)

During April 9-27, aggregate data on COVID-19 cases among 115 meat or poultry processing facilities in 19 states were reported to CDC. Among these facilities, COVID-19 was diagnosed in 4,913 (approximately 3%) workers, and 20 COVID-19-related deaths were reported.

Enforcement: n/a

Citation: CDC (MMWR 69(18):557-561, Dyal et al.), MMWR: COVID-19 Among Workers in Meat and Poultry Processing Facilities, 19 States, April 2020 (May 8, 2020) (Ex. SEC-20-018) Open the exhibit

Ex. SEC-20-014
Final Rule, 85 Fed. Reg. 30825 (Docket FSA-2020-0004)

Coronavirus Food Assistance Program

USDA, Office of the Secretary; Farm Service Agency; Agricultural Marketing Service, United States (Federal)

Dates
In force from May 21, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Functions reached
MK the United States' finding that governmental closures of restaurants, schools and markets cut demand for farm commodities; CB; TR 'disruptions to shipping patterns'
Grade
Primary source read
Days in this quarter
41 (in force on the last day)

due to the COVID-19 outbreak, many farmers markets, restaurants, and schools have temporarily or permanently closed, thus causing significantly decreased demand for commodities grown by producers that are ordinarily supplied to these places.... These measures, some of which are government-mandated, are being implemented nationwide and include the closures of restaurants, bars, and gyms.... The beneficiaries of this rule have been significantly impacted by the COVID-19 outbreak, which has resulted in income losses due to significant declines in demand and market disruptions.

Enforcement: n/a (program rule; the value is the Federal Register finding)

Citation: USDA, Office of the Secretary; Farm Service Agency; Agricultural Marketing Service, Final Rule, 85 Fed. Reg. 30825 (Docket FSA-2020-0004) (May 21, 2020) (Ex. SEC-20-014) Open the exhibit

Ex. SEC-20-019
MMWR: Update: COVID-19 Among Workers in Meat and Poultry Processing Facilities, United States, April-May 2020

same

CDC (MMWR 69(27):887-892, Waltenburg et al.), United States (23 States) (Federal)

Dates
In force from July 10, 2020; end: n/a
Quarters
2020 Q2
Limitations
Other
Functions reached
PK
Grade
Confirmed from a secondary source
Days in this quarter
0

Citation: CDC (MMWR 69(27):887-892, Waltenburg et al.), MMWR: Update: COVID-19 Among Workers in Meat and Poultry Processing Facilities, United States, April-May 2020 (July 10, 2020) (Ex. SEC-20-019)

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-077
Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)

Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use, 85 Fed. Reg. 48113 (Aug. 10, 2020)

Federal Emergency Management Agency, DHS, United States (Federal)

Dates
In force from Aug. 10, 2020 to Dec. 31, 2020
Quarters
2020 Q32020 Q4
Limitations
Travel and quarantineSupply chain
Functions reached
SC/DS; PT ports
Grade
Primary source read
Days in this quarter
52 (in force on the last day)

While this rule remains in effect, and subject to certain exemptions stated below, no shipments of such designated materials may leave the United States without explicit approval by FEMA. Through this extension, FEMA modifies the types of PPE covered and extends the duration of the temporary final rule. DATES: Effective date: This rule is effective from August 10, 2020 until December 31, 2020.

Enforcement: as for FED-075

Citation: Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077) 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-076
Notification of Exemptions to the PPE allocation rule

Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use; Exemptions, 85 Fed. Reg. 22021 (Apr. 21, 2020)

Federal Emergency Management Agency, DHS, United States (Federal)

Dates
In force from Apr. 17, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Supply chain
Functions reached
SC/DS (defines the lawful channels of export: to Canada and Mexico, to U.S. government agencies, intracompany transfers, etc.)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

The Federal Emergency Management Agency (FEMA) announces exemptions from a temporary final rule that FEMA published in the Federal Register on April 10, 2020. DATES: Applicability date: This notification applies beginning on April 17, 2020.

Enforcement: as for FED-075

Citation: Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076) 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
92 (the whole quarter)

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-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)

Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency

U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, United States (H-2A employers and workers) (Federal)

Dates
In force from Apr. 20, 2020 to Aug. 18, 2020
Quarters
2020 Q22020 Q3
Limitations
Supply chainOther
Functions reached
LB farm labor supply; FP harvest and packing; SC food supply chain
Grade
Primary source read
Days in this quarter
49 (in force on the first day)

DATES: This final rule is effective from April 20, 2020 through August 18, 2020. [The rule permits H-2A workers already in the United States to begin work with a new petitioning employer upon filing, and temporarily lifts the three-year maximum period of stay, 'as a result of disruptions and uncertainty to the U.S. food agriculture sector' caused by the COVID-19 national emergency and the suspension of routine visa services.]

Enforcement: USCIS petition adjudication; 8 C.F.R. § 214.2(h)

Citation: 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) Open the exhibit

Ex. FED-210
Proclamation 10014

Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak, 85 Fed. Reg. 23441 (Apr. 27, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from Apr. 23, 2020 to Feb. 24, 2021 (issued Apr. 22, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Travel and quarantineOther
Functions reached
HR immigrant hiring and family-based onboarding; WF workforce pipelines
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 of aliens as immigrants 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 April 23, 2020.

Enforcement: Sec. 3: consular officers determine eligibility; implemented by State and DHS

Citation: President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210) Open the exhibit

Ex. FED-036
Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)

Amendment and Extension of Order Under Sections 362 and 365 of the Public Health Service Act; Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists, 85 Fed. Reg. 31503 (May 26, 2020)

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

Dates
In force from May 21, 2020 to Oct. 13, 2020 (issued May 19, 2020)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Travel and quarantine
Functions reached
TRAV; WF; CB border commerce
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

I am extending the duration of the Order until I determine that the danger of further introduction of COVID-19 into the United States has ceased to be a serious danger to the public health, and continuation of the Order is no longer necessary to protect the public health. Every 30 days, the Centers for Disease Control and Prevention (CDC) shall review the latest information regarding the status of the COVID-19 pandemic and associated public health risks to ensure that the Order remains necessary to protect the public health.

Enforcement: as for FED-034

Citation: Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036) 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
92 (the whole quarter)

[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
92 (the whole quarter)

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-204
Proclamation 10041

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (Federative Republic of Brazil), 85 Fed. Reg. 31933 (May 28, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from May 26, 2020 to Jan. 26, 2021 (issued May 24, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Travel and quarantine
Functions reached
TV inbound Brazilian business travel; CB Brazilian customers and distributors (agriculture, aviation, energy)
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 Federative Republic of Brazil 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 May 28, 2020.

Enforcement: Sec. 3 implementation by State and DHS

Citation: President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204) Open the exhibit

Ex. FED-283
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

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

Secretary of Defense Mark T. Esper, United States (Department of Defense) (Federal)

Dates
In force from May 26, 2020 to Mar. 15, 2021 (issued May 22, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Travel and quarantine
Functions reached
TV DoD travel restricted wherever State or local travel restrictions remained or HPCON C or above applied; CB installation-town commerce, hotels, movers, conference venues
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Secretary of Defense Memorandum, 'Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions,' May 22, 2020 (hereby cancelled) [reference (a) of the Mar. 15, 2021 memorandum, Ex. FED-280]

Enforcement: DoD directive; installation commanders' HPCON determinations

Citation: 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) Open the exhibit

Ex. FED-325
USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4

USCIS Preparing to Resume Public Services on June 4

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

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

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

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

ExhibitCitationDatesLimitations
Ex. FED-027Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)In force from Mar. 14, 2020 to Dec. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-075Federal 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)In force from Apr. 7, 2020 to Aug. 10, 2020Travel and quarantineSupply chain
Ex. FED-028Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)Business closureTravel and quarantineEvents and venues
Ex. FED-192The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)In force from Apr. 16, 2020 to Sept. 30, 2020Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-073President 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, 2023Workplace rulesSupply chain
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-097CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)In force from Mar. 13, 2020 to Sept. 17, 2020Business closureGathering capHealth care orders
Ex. FED-202President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)Travel and quarantine
Ex. FED-203President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)Travel and quarantine
Ex. FED-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-039Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)In force from Mar. 20, 2020 to Oct. 13, 2020Travel and quarantine
Ex. FED-266Office 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, 2020Telework mandateWorkplace rules
Ex. FED-327U.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)In force from Mar. 20, 2020 to July 15, 2020Travel and quarantineOther
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-391U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)In force from Mar. 23, 2020 to Sept. 30, 2020Business closureCourts and public offices
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-319U.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)In force from Mar. 26, 2020 to July 15, 2020Travel and quarantineOther
Ex. FED-072President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. FED-170Congress (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-171Wage 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

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 Agriculture and Food Processing

Ex. SEC-20-028
Interim Guidance: Meat and Poultry Processing Workers and Employers (updated July 9, 2020)

same

CDC and OSHA, United States (Federal)

Dates
In force from July 9, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
PK; WF; HR
Grade
Primary source read
Days in this quarter
84 (in force on the last day)

Updated July 9, 2020

Enforcement: as SEC-20-002

Citation: CDC and OSHA, Interim Guidance: Meat and Poultry Processing Workers and Employers (updated July 9, 2020) (Ex. SEC-20-028) Open the exhibit

Ex. SEC-20-043
Executive Order 2020-145

Safeguards to protect Michigan's workers from COVID-19 (rescinding EO 2020-114)

Governor Gretchen Whitmer, Michigan (State)

Dates
In force from July 9, 2020 to Oct. 2, 2020
Quarters
2020 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
PK; FP; LB; WF; HR; OP
Grade
Confirmed from a secondary source
Days in this quarter
84 (in force on the last day)

(official Michigan Legislature scan; text not machine-readable.

Enforcement: MCL 30.405(3) (misdemeanor); MIOSHA

Citation: Governor Gretchen Whitmer, Executive Order 2020-145 (July 9, 2020) (Ex. SEC-20-043) Open the exhibit

Ex. SEC-20-042
MDHHS release of Aug. 17, 2020 describing the Emergency Order of Aug. 3, 2020 (Testing of Agricultural and Food Processing Employees)

Emergency Order Requiring Testing of Agricultural and Food Processing Employees Remains in Effect

Michigan Department of Health and Human Services (Director Robert Gordon), Michigan (State)

Dates
In force from Aug. 3, 2020 to Dec. 31, 2020 (issued Aug. 17, 2020)
Quarters
2020 Q32020 Q4
Limitations
Health care ordersWorkplace rulesQuarantine and isolation
Functions reached
LB testing and 14-day separate housing of arrivals; FP; PK; WF
Grade
Confirmed from a secondary source
Days in this quarter
59 (in force on the last day)

It requires migrant housing camp operators to provide COVID-19 testing as follows: One-time baseline testing of all residents ages 18 and over. Testing of all new residents with 48 hours of arrival, with separate housing for newly arriving residents for 14 days and a second test 10 - 14 days after arrival.... Employers of migrant or seasonal workers, meat, poultry and egg processing facilities and greenhouses with over 20 employees on-site at a time to provide COVID-19 testing as follows: One-time baseline testing of all workers. Testing of all new workers prior to any in-person work.... Failure to comply with this order may result in the issuance of a civil monetary penalty under the authority of MCL 333.2262.

Enforcement: Civil monetary penalty, MCL 333.2262

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS release of Aug. 17, 2020 describing the Emergency Order of Aug. 3, 2020 (Testing of Agricultural and Food Processing Employees) (Ex. SEC-20-042) Open the exhibit

Ex. SEC-20-006
Temporary Final Rule, 85 Fed. Reg. 51304

Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities

DHS, USCIS, United States (Federal)

Dates
In force from Aug. 19, 2020 to Dec. 17, 2020 (issued Aug. 20, 2020)
Quarters
2020 Q32020 Q4
Limitations
Travel and quarantineOther
Functions reached
LB; FP; HR
Grade
Primary source read
Days in this quarter
43 (in force on the last day)

This final rule is effective from August 19, 2020, through August 19, 2023. Employers may request the flexibilities under this rule by filing an H-2A petition on or after August 19, 2020 and through December 17, 2020.

Enforcement: Regulatory

Citation: DHS, USCIS, Temporary Final Rule, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. SEC-20-006) Open the exhibit

Ex. SEC-20-021
News release: U.S. Department of Labor Cites Smithfield Packaged Meats Corp. for Failing to Protect Employees from Coronavirus (Sept. 10, 2020; $13,494)

same

OSHA Region 7, South Dakota (Federal)

Dates
In force from Sept. 10, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Workplace rules
Functions reached
PK
Grade
Confirmed from a secondary source
Days in this quarter
21 (in force on the last day)

Enforcement: citation

Citation: OSHA Region 7, News release: U.S. Department of Labor Cites Smithfield Packaged Meats Corp. for Failing to Protect Employees from Coronavirus (Sept. 10, 2020; $13,494) (Ex. SEC-20-021)

Ex. SEC-20-022
News release: U.S. Department of Labor Cites JBS Foods Inc. for Failing To Protect Employees from Exposure to the Coronavirus

same

OSHA Region 8 (U.S. Department of Labor news release), Colorado (JBS Greeley) (Federal)

Dates
In force from Sept. 11, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Workplace rules
Functions reached
PK (federal enforcement of the plant safeguards); HR
Grade
Primary source read
Days in this quarter
20 (in force on the last day)

OSHA has cited JBS Foods Inc. in Greeley, Colorado, for failing to protect employees from exposure to the coronavirus. OSHA proposed $15,615 in penalties. Based on a coronavirus-related inspection, OSHA cited the company... for a violation of the general duty clause

Enforcement: Citation and proposed penalty

Citation: OSHA Region 8 (U.S. Department of Labor news release), News release: U.S. Department of Labor Cites JBS Foods Inc. for Failing To Protect Employees from Exposure to the Coronavirus (Sept. 11, 2020) (Ex. SEC-20-022) Open the exhibit

Ex. SEC-20-015
Final Rule, 85 Fed. Reg. 59380

Coronavirus Food Assistance Program (CFAP 2)

USDA, United States (Federal)

Dates
In force from Sept. 22, 2020 to Sept. 30, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Functions reached
MK; CB; TR
Grade
Primary source read
Days in this quarter
9 (in force on the last day)

to provide additional assistance under the Coronavirus Food Assistance Program (CFAP) to agricultural producers who continue to be impacted by the effects of the COVID-19 outbreak... producers of agricultural commodities who face continuing market disruptions, low farm-level prices, and significant marketing costs.

Enforcement: n/a

Citation: USDA, Final Rule, 85 Fed. Reg. 59380 (Sept. 22, 2020) (Ex. SEC-20-015) Open the exhibit

Continuing in force from an earlier quarter of this report (21 instruments):

ExhibitCitationDatesLimitations
Ex. SEC-20-048Governor Dunleavy; DHSS, COVID-19 Health Mandate 010 (Mar. 23, 2020): International and Interstate Travel - Order for Self-Quarantine; Attachment A: Alaska Essential Services and Critical Workforce Infrastructure Order (protective plans) (Ex. SEC-20-048)In force from Mar. 25, 2020 to June 6, 2020 (issued Mar. 23, 2020)Travel and quarantineWorkplace rulesQuarantine and isolation
Ex. SEC-20-047Governor Mike Dunleavy; Commissioner Adam Crum (DHSS); Dr. Anne Zink (Chief Medical Officer), COVID-19 Health Mandate 017 (Apr. 23, 2020) (Ex. SEC-20-047)In force from Apr. 24, 2020 to Sept. 30, 2020 (issued Apr. 23, 2020)Face-covering requirementTravel and quarantineWorkplace rulesQuarantine and isolation
Ex. SEC-20-001President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001)In force from Apr. 28, 2020 to Sept. 30, 2021Workplace rulesSupply chain
Ex. SEC-20-031Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031)In force from June 3, 2020 to June 30, 2021 (issued May 28, 2020)Business closureGathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-027U.S. Embassy and Consulates in Mexico, Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85 Fed. Reg. 21739) (Mar. 18, 2020) (Ex. SEC-20-027)In force from Mar. 18, 2020 to Sept. 30, 2021Travel and quarantineCourts and public offices
Ex. SEC-20-012Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020) (Ex. SEC-20-012)In force from Mar. 20, 2020 to July 14, 2020Travel and quarantineCourts and public offices
Ex. SEC-20-013Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020) (Ex. SEC-20-013)In force from Mar. 26, 2020 to Sept. 30, 2021Travel and quarantine
Ex. SEC-20-040Governor Gavin Newsom, Executive Order N-51-20 (Apr. 16, 2020) (Ex. SEC-20-040)In force from Apr. 16, 2020 to Sept. 9, 2020Workplace rulesQuarantine and isolation
Ex. SEC-20-005Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Final Rule, 85 Fed. Reg. 21739 (CIS No. 2667-20; DHS Docket USCIS-2020-0008) (Apr. 20, 2020) (Ex. SEC-20-005)In force from Apr. 20, 2020 to Aug. 18, 2020Travel and quarantineOther
Ex. SEC-20-009President, Proclamation 10014, 85 Fed. Reg. 23441 (Apr. 22, 2020) (Ex. SEC-20-009)In force from Apr. 23, 2020 to Mar. 31, 2021 (issued Apr. 22, 2020)Travel and quarantine
Ex. SEC-20-002CDC and OSHA (joint interim guidance), Interim Guidance: Meat and Poultry Processing Workers and Employers (Apr. 26, 2020) (Ex. SEC-20-002)In force from Apr. 26, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-036Oregon OSHA, Department of Consumer and Business Services, Administrative Order 2-2020; OAR 437-001-0749 (Apr. 28, 2020) (Ex. SEC-20-036)In force from May 11, 2020 to Oct. 24, 2020 (issued Apr. 28, 2020)Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-008DHS, USCIS, Temporary Final Rule, 85 Fed. Reg. 28843 (May 14, 2020) (Ex. SEC-20-008)In force from May 14, 2020 to Sept. 11, 2020Travel and quarantineOther
Ex. SEC-20-032Department of Labor and Industries (with Department of Health), Emergency rule WSR 20-11-025, new WAC 296-307-16102 (May 13, 2020) (Ex. SEC-20-032)In force from May 18, 2020 to Sept. 30, 2021 (issued May 13, 2020)Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-033Department of Health (with Department of Labor and Industries), Emergency rule WSR 20-11-024, chapter 246-358 WAC (May 13, 2020) (Ex. SEC-20-033)In force from May 18, 2020 to Sept. 30, 2021 (issued May 13, 2020)Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-045Governor Gretchen Whitmer, Executive Order 2020-114 (June 5, 2020) (Ex. SEC-20-045)In force from June 5, 2020 to July 9, 2020Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-026CDC and DOL, Interim Guidance for Agricultural Workers and Employers (June 12, 2020) (Ex. SEC-20-026)In force from June 12, 2020 to Sept. 30, 2021Workplace rules
Ex. SEC-20-010President, Proclamation 10052, 85 Fed. Reg. 38263 (June 22, 2020) (Ex. SEC-20-010)In force from June 24, 2020 to Mar. 31, 2021 (issued June 22, 2020)Travel and quarantine
Ex. SEC-20-044Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. SEC-20-044)In force from June 26, 2020 to June 30, 2021 (issued June 24, 2020)Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-20-025USDA Farm Production and Conservation, USDA Service Centers Open for Business by Phone Appointment Only (Mar. 23, 2020) (Ex. SEC-20-025)In force from Mar. 23, 2020 to Dec. 31, 2020Telework mandateCourts and public offices
Ex. SEC-20-014USDA, Office of the Secretary; Farm Service Agency; Agricultural Marketing Service, Final Rule, 85 Fed. Reg. 30825 (Docket FSA-2020-0004) (May 21, 2020) (Ex. SEC-20-014)In force from May 21, 2020 to Sept. 30, 2021Other

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-078
Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)

Prioritization and Allocation of Certain Scarce and Critical Health and Medical Resources for Domestic Use, 85 Fed. Reg. 86835 (Dec. 31, 2020)

Federal Emergency Management Agency, DHS, United States (Federal)

Dates
In force from Dec. 31, 2020 to June 30, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Travel and quarantineSupply chain
Functions reached
SC/DS; PT ports
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

DATES: Effective date: This rule is effective from December 31, 2020 until June 30, 2021.... FEMA is now further extending and modifying this rule to reflect current domestic supply needs of health and medical resources to promote the national defense. The temporary final rule, as extended and modified, will remain in effect until June 30, 2021, unless sooner modified or terminated by the Administrator.

Enforcement: as for FED-075

Citation: Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078) Open the exhibit

Ex. FED-211
Proclamation 10052

Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak, 85 Fed. Reg. 38263 (June 25, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from June 24, 2020 to Mar. 31, 2021 (issued June 22, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Travel and quarantineOther
Functions reached
HR H-1B, L and J hiring and transfers (technology, engineering, health care, education, hospitality); WF seasonal H-2B labor (landscaping, hospitality, seafood, amusement); SC intra-company transferees for foreign-owned plants
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Sec. 2. Suspension and Limitation on Entry. The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation: (a) an H-1B or H-2B visa, and any alien accompanying or following to join such alien; (b) a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and (c) an L visa, and any alien accompanying or following to join such alien.... Sec. 6. Termination. This proclamation shall expire on December 31, 2020, and may be continued as necessary.

Enforcement: Sec. 4 implementation by State, Labor and DHS; consular officers determine coverage

Citation: President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211) Open the exhibit

Ex. FED-212
Proclamation 10054

Amendment to Proclamation 10052, 85 Fed. Reg. 40085 (July 2, 2020)

President Donald J. Trump, United States (Federal)

Dates
In force from June 29, 2020 to Mar. 31, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Travel and quarantine
Functions reached
HR nonimmigrant hiring
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Amends section 3(a)(ii) of Proclamation 10052 to read: (ii) does not have a nonimmigrant visa, of any of the classifications specified in section 2 of this proclamation and pursuant to which the alien is seeking entry, that is valid on the effective date of this proclamation.

Enforcement: as Proclamation 10052

Citation: President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212) Open the exhibit

Ex. FED-328
Phased Resumption of Routine Visa Services (announcement of July 14, 2020)

Phased Resumption of Routine Visa Services

U.S. Department of State, Bureau of Consular Affairs, United States (all U.S. embassies and consulates) (Federal)

Dates
In force from July 15, 2020 to Sept. 30, 2021 (issued July 14, 2020)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineOther
Functions reached
HR; LB; TV; CB
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

Enforcement: consular operations

Citation: U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328) Open the exhibit

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. 51304 (Aug. 20, 2020)

Temporary Changes to Requirements Affecting H-2A Nonimmigrants: Partial Extension of Certain Flexibilities

DHS, USCIS, United States (H-2A) (Federal)

Dates
In force from Aug. 19, 2020 to Dec. 17, 2020 (issued Aug. 20, 2020)
Quarters
2020 Q32020 Q4
Limitations
Supply chainOther
Functions reached
LB; FP; SC
Grade
Primary source read
Days in this quarter
78 (in force on the first day)

DATES: This final rule is effective from August 19, 2020, through August 19, 2023. Employers may request the flexibilities under this rule by filing an H-2A petition on or after August 19, 2020 and through December 17, 2020.

Enforcement: USCIS adjudication

Citation: 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) 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
92 (the whole quarter)

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
92 (the whole quarter)

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
92 (the whole quarter)

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
92 (the whole quarter)

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

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

ExhibitCitationDatesLimitations
Ex. FED-027Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)In force from Mar. 14, 2020 to Dec. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-073President 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, 2023Workplace rulesSupply chain
Ex. FED-077Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)In force from Aug. 10, 2020 to Dec. 31, 2020Travel and quarantineSupply chain
Ex. FED-030Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)In force from Sept. 30, 2020 to Oct. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-202President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)Travel and quarantine
Ex. FED-203President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)Travel and quarantine
Ex. FED-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-039Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)In force from Mar. 20, 2020 to Oct. 13, 2020Travel and quarantine
Ex. FED-266Office 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, 2020Telework mandateWorkplace rules
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-072President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. FED-170Congress (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-171Wage 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-076Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)In force from Apr. 17, 2020 to June 30, 2021Supply chain
Ex. FED-268Office 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, 2021Telework mandateWorkplace rules
Ex. FED-210President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)In force from Apr. 23, 2020 to Feb. 24, 2021 (issued Apr. 22, 2020)Travel and quarantineOther
Ex. FED-036Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)In force from May 21, 2020 to Oct. 13, 2020 (issued May 19, 2020)Travel and quarantine
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-204President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)In force from May 26, 2020 to Jan. 26, 2021 (issued May 24, 2020)Travel and quarantine
Ex. FED-283Secretary 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)In force from May 26, 2020 to Mar. 15, 2021 (issued May 22, 2020)Travel and quarantine
Ex. FED-325U.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

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 Agriculture and Food Processing

Ex. SEC-20-007
Temporary Final Rule, 85 Fed. Reg. 82291

Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities

DHS, USCIS, United States (Federal)

Dates
In force from Dec. 18, 2020 to June 16, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Travel and quarantineOther
Functions reached
LB; FP; HR
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

This final rule is effective from December 18, 2020, through December 18, 2023. Employers may request the flexibilities under this rule by filing an H-2A petition on or after December 18, 2020, and through June 16, 2021.

Enforcement: Regulatory

Citation: DHS, USCIS, Temporary Final Rule, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. SEC-20-007) Open the exhibit

Ex. SEC-20-011
Proclamation 10131, 86 Fed. Reg. 417

Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak

President, United States (Federal)

Dates
In force from Dec. 31, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitations
Travel and quarantine
Functions reached
LB; PK; IN
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

Sec. 6. Termination. This proclamation shall expire on March 31, 2021, and may be continued as necessary.

Enforcement: Consular officers; CBP

Citation: President, Proclamation 10131, 86 Fed. Reg. 417 (Dec. 31, 2020) (Ex. SEC-20-011) Open the exhibit

Continuing in force from an earlier quarter of this report (21 instruments):

ExhibitCitationDatesLimitations
Ex. SEC-20-048Governor Dunleavy; DHSS, COVID-19 Health Mandate 010 (Mar. 23, 2020): International and Interstate Travel - Order for Self-Quarantine; Attachment A: Alaska Essential Services and Critical Workforce Infrastructure Order (protective plans) (Ex. SEC-20-048)In force from Mar. 25, 2020 to June 6, 2020 (issued Mar. 23, 2020)Travel and quarantineWorkplace rulesQuarantine and isolation
Ex. SEC-20-001President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001)In force from Apr. 28, 2020 to Sept. 30, 2021Workplace rulesSupply chain
Ex. SEC-20-031Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031)In force from June 3, 2020 to June 30, 2021 (issued May 28, 2020)Business closureGathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-027U.S. Embassy and Consulates in Mexico, Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85 Fed. Reg. 21739) (Mar. 18, 2020) (Ex. SEC-20-027)In force from Mar. 18, 2020 to Sept. 30, 2021Travel and quarantineCourts and public offices
Ex. SEC-20-012Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020) (Ex. SEC-20-012)In force from Mar. 20, 2020 to July 14, 2020Travel and quarantineCourts and public offices
Ex. SEC-20-013Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020) (Ex. SEC-20-013)In force from Mar. 26, 2020 to Sept. 30, 2021Travel and quarantine
Ex. SEC-20-040Governor Gavin Newsom, Executive Order N-51-20 (Apr. 16, 2020) (Ex. SEC-20-040)In force from Apr. 16, 2020 to Sept. 9, 2020Workplace rulesQuarantine and isolation
Ex. SEC-20-009President, Proclamation 10014, 85 Fed. Reg. 23441 (Apr. 22, 2020) (Ex. SEC-20-009)In force from Apr. 23, 2020 to Mar. 31, 2021 (issued Apr. 22, 2020)Travel and quarantine
Ex. SEC-20-002CDC and OSHA (joint interim guidance), Interim Guidance: Meat and Poultry Processing Workers and Employers (Apr. 26, 2020) (Ex. SEC-20-002)In force from Apr. 26, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-036Oregon OSHA, Department of Consumer and Business Services, Administrative Order 2-2020; OAR 437-001-0749 (Apr. 28, 2020) (Ex. SEC-20-036)In force from May 11, 2020 to Oct. 24, 2020 (issued Apr. 28, 2020)Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-032Department of Labor and Industries (with Department of Health), Emergency rule WSR 20-11-025, new WAC 296-307-16102 (May 13, 2020) (Ex. SEC-20-032)In force from May 18, 2020 to Sept. 30, 2021 (issued May 13, 2020)Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-033Department of Health (with Department of Labor and Industries), Emergency rule WSR 20-11-024, chapter 246-358 WAC (May 13, 2020) (Ex. SEC-20-033)In force from May 18, 2020 to Sept. 30, 2021 (issued May 13, 2020)Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-026CDC and DOL, Interim Guidance for Agricultural Workers and Employers (June 12, 2020) (Ex. SEC-20-026)In force from June 12, 2020 to Sept. 30, 2021Workplace rules
Ex. SEC-20-010President, Proclamation 10052, 85 Fed. Reg. 38263 (June 22, 2020) (Ex. SEC-20-010)In force from June 24, 2020 to Mar. 31, 2021 (issued June 22, 2020)Travel and quarantine
Ex. SEC-20-044Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. SEC-20-044)In force from June 26, 2020 to June 30, 2021 (issued June 24, 2020)Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-20-028CDC and OSHA, Interim Guidance: Meat and Poultry Processing Workers and Employers (updated July 9, 2020) (Ex. SEC-20-028)In force from July 9, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-042Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS release of Aug. 17, 2020 describing the Emergency Order of Aug. 3, 2020 (Testing of Agricultural and Food Processing Employees) (Ex. SEC-20-042)In force from Aug. 3, 2020 to Dec. 31, 2020 (issued Aug. 17, 2020)Health care ordersWorkplace rulesQuarantine and isolation
Ex. SEC-20-006DHS, USCIS, Temporary Final Rule, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. SEC-20-006)In force from Aug. 19, 2020 to Dec. 17, 2020 (issued Aug. 20, 2020)Travel and quarantineOther
Ex. SEC-20-025USDA Farm Production and Conservation, USDA Service Centers Open for Business by Phone Appointment Only (Mar. 23, 2020) (Ex. SEC-20-025)In force from Mar. 23, 2020 to Dec. 31, 2020Telework mandateCourts and public offices
Ex. SEC-20-014USDA, Office of the Secretary; Farm Service Agency; Agricultural Marketing Service, Final Rule, 85 Fed. Reg. 30825 (Docket FSA-2020-0004) (May 21, 2020) (Ex. SEC-20-014)In force from May 21, 2020 to Sept. 30, 2021Other
Ex. SEC-20-015USDA, Final Rule, 85 Fed. Reg. 59380 (Sept. 22, 2020) (Ex. SEC-20-015)In force from Sept. 22, 2020 to Sept. 30, 2021Other

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

Federal layer

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

Ex. FED-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-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-037
CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)

Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists, 85 Fed. Reg. 65806 (Oct. 16, 2020)

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

Dates
In force from Oct. 13, 2020 to Aug. 2, 2021
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantine
Functions reached
TRAV; WF; CB border commerce
Grade
Primary source read
Days in this quarter
90 (the whole quarter)

Based on these ongoing concerns and to protect the public health, I hereby suspend the introduction of all covered aliens into the United States until I determine that the danger of further introduction of COVID-19 into the United States has ceased to be a serious danger to the public health, and continuation of the Order is no longer necessary to protect the public health. Every 30 days, CDC shall review the latest information regarding the status of the COVID-19 pandemic and associated public health risks to ensure that the Order remains necessary to protect the public health.

Enforcement: as for FED-034

Citation: 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) Open the exhibit

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 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 the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes, 85 Fed. Reg. 56424 (Sept. 11, 2020)

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

Dates
In force from Oct. 13, 2020 to Sept. 30, 2021 (issued Sept. 11, 2020)
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantine
Functions reached
TRAV (regulatory basis of FED-037 and FED-038)
Grade
Primary source read
Days in this quarter
90 (the whole quarter)

DATES: This final rule is effective on October 13, 2020.

Enforcement: 42 U.S.C. § 271

Citation: 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) 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
90 (the whole quarter)

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-323
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)

Temporary Changes to Requirements Affecting H-2A Nonimmigrants: Extension of Certain Flexibilities

DHS, USCIS, United States (H-2A) (Federal)

Dates
In force from Dec. 18, 2020 to June 16, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Supply chainOther
Functions reached
LB; FP; SC
Grade
Primary source read
Days in this quarter
90 (the whole quarter)

DATES: This final rule is effective from December 18, 2020, through December 18, 2023. Employers may request the flexibilities under this rule by filing an H-2A petition on or after December 18, 2020, and through June 16, 2021.

Enforcement: USCIS adjudication

Citation: 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) Open the exhibit

Ex. FED-225
Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)

Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada

DHS (Acting Secretary Chad F. Wolf), United States-Canada land border (Federal)

Dates
In force from Dec. 22, 2020 to Jan. 21, 2021
Quarters
2020 Q42021 Q1
Limitations
Travel and quarantine
Functions reached
TV; CB; MK
Grade
Primary source read
Days in this quarter
21 (in force on the first day)

DATES: These restrictions go into effect at 12 a.m. Eastern Standard Time (EST) on December 22, 2020 and will remain in effect until 11:59 p.m. EST on January 21, 2020.

Enforcement: CBP; 19 U.S.C. § 1318(b)

Citation: DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225) Open the exhibit

Continuing in force from an earlier quarter of this report (28 instruments):

ExhibitCitationDatesLimitations
Ex. FED-073President 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, 2023Workplace rulesSupply chain
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-078Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)In force from Dec. 31, 2020 to June 30, 2021Travel and quarantineSupply chain
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-202President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)Travel and quarantine
Ex. FED-203President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)Travel and quarantine
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-072President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. FED-076Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)In force from Apr. 17, 2020 to June 30, 2021Supply chain
Ex. FED-268Office 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, 2021Telework mandateWorkplace rules
Ex. FED-210President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)In force from Apr. 23, 2020 to Feb. 24, 2021 (issued Apr. 22, 2020)Travel and quarantineOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-204President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)In force from May 26, 2020 to Jan. 26, 2021 (issued May 24, 2020)Travel and quarantine
Ex. FED-283Secretary 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)In force from May 26, 2020 to Mar. 15, 2021 (issued May 22, 2020)Travel and quarantine
Ex. FED-325U.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-211President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)In force from June 24, 2020 to Mar. 31, 2021 (issued June 22, 2020)Travel and quarantineOther
Ex. FED-212President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)In force from June 29, 2020 to Mar. 31, 2021Travel and quarantine
Ex. FED-328U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)In force from July 15, 2020 to Sept. 30, 2021 (issued July 14, 2020)Travel and quarantineOther
Ex. FED-168CMS, 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, 2022Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092Centers 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, 2023Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices

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 Agriculture and Food Processing

Ex. SEC-20-034
Emergency rule WSR 21-03-012, chapter 246-358 WAC

Temporary worker housing: COVID-19 requirements (third emergency rule)

Department of Health (with Department of Labor and Industries), Washington (State)

Dates
In force from Jan. 8, 2021 to May 8, 2021
Quarters
2021 Q12021 Q2
Limitations
Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Functions reached
LB; FP; WF
Grade
Primary source read
Days in this quarter
83 (in force on the last day)

DOH and L&I filed the initial emergency rules on May 13, 2020, WSR 20-11-024 and 20-11-025 respectively.... DOH and L&I filed a second emergency rule on September 10, 2020, WSR 20-19-048 and 20-19-049... This emergency rule continues the requirements adopted in the first and second emergency rule... (4) with the exception of group shelters, prohibit the use of the top of bunk beds;... (8) report to L&I division of occupational safety and health within twenty-four hours whenever symptomatic or COVID-19 positive workers are placed in isolation... specifies requirements for mechanical ventilation systems including the use of MERV13 filters

Enforcement: DOH licensing; WISHA

Citation: Department of Health (with Department of Labor and Industries), Emergency rule WSR 21-03-012, chapter 246-358 WAC (Jan. 8, 2021) (Ex. SEC-20-034) Open the exhibit

Ex. SEC-20-016
Final Rule, 86 Fed. Reg. 4877

Coronavirus Food Assistance Program; Additional Assistance

USDA, United States (Federal)

Dates
In force from Jan. 19, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Other
Functions reached
MK; CB
Grade
Primary source read
Days in this quarter
72 (in force on the last day)

Rule implements CAA sec. 751-754 payments for 2020 losses)

Enforcement: n/a

Citation: USDA, Final Rule, 86 Fed. Reg. 4877 (Jan. 19, 2021) (Ex. SEC-20-016) Open the exhibit

Continuing in force from an earlier quarter of this report (18 instruments):

ExhibitCitationDatesLimitations
Ex. SEC-20-048Governor Dunleavy; DHSS, COVID-19 Health Mandate 010 (Mar. 23, 2020): International and Interstate Travel - Order for Self-Quarantine; Attachment A: Alaska Essential Services and Critical Workforce Infrastructure Order (protective plans) (Ex. SEC-20-048)In force from Mar. 25, 2020 to June 6, 2020 (issued Mar. 23, 2020)Travel and quarantineWorkplace rulesQuarantine and isolation
Ex. SEC-20-001President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001)In force from Apr. 28, 2020 to Sept. 30, 2021Workplace rulesSupply chain
Ex. SEC-20-031Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031)In force from June 3, 2020 to June 30, 2021 (issued May 28, 2020)Business closureGathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-027U.S. Embassy and Consulates in Mexico, Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85 Fed. Reg. 21739) (Mar. 18, 2020) (Ex. SEC-20-027)In force from Mar. 18, 2020 to Sept. 30, 2021Travel and quarantineCourts and public offices
Ex. SEC-20-012Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020) (Ex. SEC-20-012)In force from Mar. 20, 2020 to July 14, 2020Travel and quarantineCourts and public offices
Ex. SEC-20-013Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020) (Ex. SEC-20-013)In force from Mar. 26, 2020 to Sept. 30, 2021Travel and quarantine
Ex. SEC-20-009President, Proclamation 10014, 85 Fed. Reg. 23441 (Apr. 22, 2020) (Ex. SEC-20-009)In force from Apr. 23, 2020 to Mar. 31, 2021 (issued Apr. 22, 2020)Travel and quarantine
Ex. SEC-20-002CDC and OSHA (joint interim guidance), Interim Guidance: Meat and Poultry Processing Workers and Employers (Apr. 26, 2020) (Ex. SEC-20-002)In force from Apr. 26, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-032Department of Labor and Industries (with Department of Health), Emergency rule WSR 20-11-025, new WAC 296-307-16102 (May 13, 2020) (Ex. SEC-20-032)In force from May 18, 2020 to Sept. 30, 2021 (issued May 13, 2020)Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-033Department of Health (with Department of Labor and Industries), Emergency rule WSR 20-11-024, chapter 246-358 WAC (May 13, 2020) (Ex. SEC-20-033)In force from May 18, 2020 to Sept. 30, 2021 (issued May 13, 2020)Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-026CDC and DOL, Interim Guidance for Agricultural Workers and Employers (June 12, 2020) (Ex. SEC-20-026)In force from June 12, 2020 to Sept. 30, 2021Workplace rules
Ex. SEC-20-010President, Proclamation 10052, 85 Fed. Reg. 38263 (June 22, 2020) (Ex. SEC-20-010)In force from June 24, 2020 to Mar. 31, 2021 (issued June 22, 2020)Travel and quarantine
Ex. SEC-20-044Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. SEC-20-044)In force from June 26, 2020 to June 30, 2021 (issued June 24, 2020)Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-20-028CDC and OSHA, Interim Guidance: Meat and Poultry Processing Workers and Employers (updated July 9, 2020) (Ex. SEC-20-028)In force from July 9, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-007DHS, USCIS, Temporary Final Rule, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. SEC-20-007)In force from Dec. 18, 2020 to June 16, 2021Travel and quarantineOther
Ex. SEC-20-011President, Proclamation 10131, 86 Fed. Reg. 417 (Dec. 31, 2020) (Ex. SEC-20-011)In force from Dec. 31, 2020 to Mar. 31, 2021Travel and quarantine
Ex. SEC-20-014USDA, Office of the Secretary; Farm Service Agency; Agricultural Marketing Service, Final Rule, 85 Fed. Reg. 30825 (Docket FSA-2020-0004) (May 21, 2020) (Ex. SEC-20-014)In force from May 21, 2020 to Sept. 30, 2021Other
Ex. SEC-20-015USDA, Final Rule, 85 Fed. Reg. 59380 (Sept. 22, 2020) (Ex. SEC-20-015)In force from Sept. 22, 2020 to Sept. 30, 2021Other

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

Federal layer

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-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
91 (the whole quarter)

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

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

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

Ex. FED-061
Executive Order 13998

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

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

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

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

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

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

Ex. FED-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
91 (the whole quarter)

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-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 Passengers Arriving Into the United States From Any Foreign Country

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, 86 Fed. Reg. 7387 (Jan. 28, 2021)

Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), United States (all aircraft passengers arriving from any foreign country) (Federal)

Dates
In force from Jan. 26, 2021 to Dec. 31, 2021 (issued Jan. 25, 2021)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Travel and quarantine
Functions reached
TR/TV every international business trip (outbound trips required a test to return); CB inbound foreign customers, tourists, students, patients; SC supplier and foreign-plant visits, field service abroad; MK international trade shows and conferences; HR recruitment of foreign workers
Grade
Primary source read
Days in this quarter
91 (the whole quarter)

This Order prohibits the introduction into the United States of any aircraft passenger departing from any foreign country unless the passenger: (1) Has a negative pre-departure test result for SARS-CoV-2, the virus that causes COVID-19 (Qualifying Test); or (2) written or electronic documentation of recovery from COVID-19 after previous SARS-CoV-2 infection in the form of a positive viral test result and a letter from a licensed health care provider or public health official stating that the passenger has been cleared for travel (Documentation of Recovery).... This Order shall enter into effect on January 26, 2021 and shall remain in effect until the earliest of (1) the expiration of the Secretary of Health and Human Services' declaration that COVID-19 constitutes a public health emergency; (2) the CDC Director rescinds or modifies the order based on specific public health or other…

Enforcement: 42 U.S.C. § 271; 42 C.F.R. § 71.2; airlines must deny boarding to non-compliant passengers

Citation: 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) Open the exhibit

Ex. FED-207
Proclamation 10143

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 (Schengen Area, United Kingdom, Republic of Ireland, Federative Republic of Brazil, Republic of South Africa), 86 Fed. Reg. 7467 (Jan. 28, 2021)

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

Dates
In force from Jan. 26, 2021 to Nov. 8, 2021 (issued Jan. 25, 2021)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Travel and quarantine
Functions reached
TV inbound business travel from Europe, the UK, Ireland, Brazil and South Africa through Sept. 30, 2021; SC supplier and engineering visits; MK trade-show attendance; CB foreign customers
Grade
Primary source read
Days in this quarter
91 (the whole quarter)

Section 1. Suspension and Limitation on Entry. (a) The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Schengen Area, the United Kingdom (excluding overseas territories outside of Europe), the Republic of Ireland, and the Federative Republic of Brazil 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. (b) The entry into the United States, as immigrants or nonimmigrants, of noncitizens who were physically present within the Republic of South Africa 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.

Enforcement: Sec. 3 implementation by State and DHS; sec. 5 amends the termination clauses of Proclamations 9984 and 9992 so that they too continue until terminated by the President

Citation: President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207) Open the exhibit

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)

Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System, 86 Fed. Reg. 8217 (Feb. 4, 2021)

Acting Secretary of Homeland Security David P. Pekoske, United States transportation system (Federal)

Dates
In force from Jan. 27, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Emergency declarationTravel and quarantine
Functions reached
predicate for the transport layer
Grade
Primary source read
Days in this quarter
91 (the whole quarter)

the Acting Secretary of Homeland Security on January 27, 2021, issued a Declaration of a National Emergency Requiring Actions to Protect the Safety of Americans Using and Employed by the Transportation System ('declaration'). The declaration finds that a national emergency exists and directs the Transportation Security Administration to take certain actions to promote safety in and to secure the transportation system and to mitigate the spread of COVID-19 through the transportation system.

Enforcement: Predicate for the TSA security directives (FED-050 to FED-055)

Citation: 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) 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
91 (the whole quarter)

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

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

ExhibitCitationDatesLimitations
Ex. FED-073President 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, 2023Workplace rulesSupply chain
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-078Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)In force from Dec. 31, 2020 to June 30, 2021Travel and quarantineSupply chain
Ex. FED-270Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)In force from Jan. 24, 2021 to June 10, 2021Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-020Centers 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-050Transportation 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-053Transportation 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-054Transportation 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-055Transportation 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-280Secretary 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, 2021Travel and quarantineWorkplace rules
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-072President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. FED-076Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)In force from Apr. 17, 2020 to June 30, 2021Supply chain
Ex. FED-268Office 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, 2021Telework mandateWorkplace rules
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-325U.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-328U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)In force from July 15, 2020 to Sept. 30, 2021 (issued July 14, 2020)Travel and quarantineOther
Ex. FED-168CMS, 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, 2022Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092Centers 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, 2023Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-037Centers 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)In force from Oct. 13, 2020 to Aug. 2, 2021Travel and quarantine
Ex. FED-048Centers 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)In force from Oct. 13, 2020 to Sept. 30, 2021 (issued Sept. 11, 2020)Travel and quarantine
Ex. FED-323DHS, 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)In force from Dec. 18, 2020 to June 16, 2021Supply chainOther

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 Agriculture and Food Processing

Continuing in force from an earlier quarter of this report (16 instruments):

ExhibitCitationDatesLimitations
Ex. SEC-20-001President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001)In force from Apr. 28, 2020 to Sept. 30, 2021Workplace rulesSupply chain
Ex. SEC-20-031Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031)In force from June 3, 2020 to June 30, 2021 (issued May 28, 2020)Business closureGathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-027U.S. Embassy and Consulates in Mexico, Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85 Fed. Reg. 21739) (Mar. 18, 2020) (Ex. SEC-20-027)In force from Mar. 18, 2020 to Sept. 30, 2021Travel and quarantineCourts and public offices
Ex. SEC-20-012Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020) (Ex. SEC-20-012)In force from Mar. 20, 2020 to July 14, 2020Travel and quarantineCourts and public offices
Ex. SEC-20-013Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020) (Ex. SEC-20-013)In force from Mar. 26, 2020 to Sept. 30, 2021Travel and quarantine
Ex. SEC-20-002CDC and OSHA (joint interim guidance), Interim Guidance: Meat and Poultry Processing Workers and Employers (Apr. 26, 2020) (Ex. SEC-20-002)In force from Apr. 26, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-032Department of Labor and Industries (with Department of Health), Emergency rule WSR 20-11-025, new WAC 296-307-16102 (May 13, 2020) (Ex. SEC-20-032)In force from May 18, 2020 to Sept. 30, 2021 (issued May 13, 2020)Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-033Department of Health (with Department of Labor and Industries), Emergency rule WSR 20-11-024, chapter 246-358 WAC (May 13, 2020) (Ex. SEC-20-033)In force from May 18, 2020 to Sept. 30, 2021 (issued May 13, 2020)Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-026CDC and DOL, Interim Guidance for Agricultural Workers and Employers (June 12, 2020) (Ex. SEC-20-026)In force from June 12, 2020 to Sept. 30, 2021Workplace rules
Ex. SEC-20-044Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. SEC-20-044)In force from June 26, 2020 to June 30, 2021 (issued June 24, 2020)Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-20-028CDC and OSHA, Interim Guidance: Meat and Poultry Processing Workers and Employers (updated July 9, 2020) (Ex. SEC-20-028)In force from July 9, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-007DHS, USCIS, Temporary Final Rule, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. SEC-20-007)In force from Dec. 18, 2020 to June 16, 2021Travel and quarantineOther
Ex. SEC-20-034Department of Health (with Department of Labor and Industries), Emergency rule WSR 21-03-012, chapter 246-358 WAC (Jan. 8, 2021) (Ex. SEC-20-034)In force from Jan. 8, 2021 to May 8, 2021Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-014USDA, Office of the Secretary; Farm Service Agency; Agricultural Marketing Service, Final Rule, 85 Fed. Reg. 30825 (Docket FSA-2020-0004) (May 21, 2020) (Ex. SEC-20-014)In force from May 21, 2020 to Sept. 30, 2021Other
Ex. SEC-20-015USDA, Final Rule, 85 Fed. Reg. 59380 (Sept. 22, 2020) (Ex. SEC-20-015)In force from Sept. 22, 2020 to Sept. 30, 2021Other
Ex. SEC-20-016USDA, Final Rule, 86 Fed. Reg. 4877 (Jan. 19, 2021) (Ex. SEC-20-016)In force from Jan. 19, 2021 to Sept. 30, 2021Other

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

Federal layer

Ex. FED-272
COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks

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

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

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

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

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

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

Ex. FED-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-056
Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)

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

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

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

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

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

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

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

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

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

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

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

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

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

Ex. FED-208
Proclamation 10199

Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 (Republic of India), 86 Fed. Reg. 24297 (May 6, 2021)

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

Dates
In force from May 4, 2021 to Nov. 8, 2021 (issued Apr. 30, 2021)
Quarters
2021 Q22021 Q3
Limitations
Travel and quarantine
Functions reached
TV inbound business and technical travel from India (software, engineering, pharmaceutical, staffing); HR onboarding of India-based hires and transferees; CB Indian customers
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 nonimmigrants, of noncitizens who were physically present within the Republic of India 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.

Enforcement: Sec. 3 implementation by State and DHS

Citation: President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208) 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
92 (the whole quarter)

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
92 (the whole quarter)

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
77 (in force on the first 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
92 (the whole quarter)

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
92 (the whole quarter)

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

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

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

Ex. FED-232
Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)

Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada

DHS (Secretary Alejandro N. Mayorkas), United States-Canada land border (Federal)

Dates
In force from June 22, 2021 to July 21, 2021 (issued June 23, 2021)
Quarters
2021 Q22021 Q3
Limitations
Travel and quarantine
Functions reached
TV; CB; MK
Grade
Primary source read
Days in this quarter
21 (in force on the first day)

DATES: These restrictions go into effect at 12 a.m. Eastern Daylight Time (EDT) on June 22, 2021 and will remain in effect until 11:59 p.m. EDT on July 21, 2021, unless amended or rescinded prior to that time.

Enforcement: CBP; 19 U.S.C. § 1318(b)

Citation: DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232) Open the exhibit

Continuing in force from an earlier quarter of this report (29 instruments):

ExhibitCitationDatesLimitations
Ex. FED-073President 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, 2023Workplace rulesSupply chain
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-020Centers 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-280Secretary 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, 2021Travel and quarantineWorkplace rules
Ex. FED-032Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)In force from May 5, 2021 to Sept. 30, 2021Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-051Transportation 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-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-072President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)In force from Mar. 27, 2020 to Sept. 30, 2021Supply chain
Ex. FED-325U.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-328U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)In force from July 15, 2020 to Sept. 30, 2021 (issued July 14, 2020)Travel and quarantineOther
Ex. FED-168CMS, 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, 2022Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092Centers 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, 2023Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-037Centers 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)In force from Oct. 13, 2020 to Aug. 2, 2021Travel and quarantine
Ex. FED-048Centers 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)In force from Oct. 13, 2020 to Sept. 30, 2021 (issued Sept. 11, 2020)Travel and quarantine
Ex. FED-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-061President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)In force from Jan. 21, 2021 to Sept. 30, 2021Face-covering requirementTravel and quarantine
Ex. FED-062President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)In force from Jan. 21, 2021 to Sept. 30, 2021Workplace rules
Ex. FED-042Centers 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)In force from Jan. 26, 2021 to Dec. 31, 2021 (issued Jan. 25, 2021)Travel and quarantine
Ex. FED-207President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)In force from Jan. 26, 2021 to Nov. 8, 2021 (issued Jan. 25, 2021)Travel and quarantine
Ex. FED-057Acting 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)In force from Jan. 27, 2021 to Sept. 30, 2021Emergency declarationTravel and quarantine
Ex. FED-082OSHA, 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, 2021Workplace rules

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 Agriculture and Food Processing

Ex. SEC-20-017
Final Rule, 86 Fed. Reg. 48013

Coronavirus Food Assistance Program 2; Producers of Sale-Based Commodities and Contract Producers

USDA, United States (Federal)

Dates
In force from Aug. 27, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Other
Functions reached
MK; CB
Grade
Primary source read
Days in this quarter
35 (in force on the last day)

USDA established CFAP to assist producers of agricultural commodities marketed in 2020 who faced continuing market disruptions, reduced farm-level prices, and increased production and marketing costs due to COVID-19.... The beneficiaries of this rule have been significantly impacted by the COVID-19 outbreak, which has resulted in significant declines in demand and market disruptions.

Enforcement: n/a

Citation: USDA, Final Rule, 86 Fed. Reg. 48013 (Aug. 27, 2021) (Ex. SEC-20-017) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. SEC-20-001President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001)In force from Apr. 28, 2020 to Sept. 30, 2021Workplace rulesSupply chain
Ex. SEC-20-027U.S. Embassy and Consulates in Mexico, Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85 Fed. Reg. 21739) (Mar. 18, 2020) (Ex. SEC-20-027)In force from Mar. 18, 2020 to Sept. 30, 2021Travel and quarantineCourts and public offices
Ex. SEC-20-012Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020) (Ex. SEC-20-012)In force from Mar. 20, 2020 to July 14, 2020Travel and quarantineCourts and public offices
Ex. SEC-20-013Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020) (Ex. SEC-20-013)In force from Mar. 26, 2020 to Sept. 30, 2021Travel and quarantine
Ex. SEC-20-002CDC and OSHA (joint interim guidance), Interim Guidance: Meat and Poultry Processing Workers and Employers (Apr. 26, 2020) (Ex. SEC-20-002)In force from Apr. 26, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-032Department of Labor and Industries (with Department of Health), Emergency rule WSR 20-11-025, new WAC 296-307-16102 (May 13, 2020) (Ex. SEC-20-032)In force from May 18, 2020 to Sept. 30, 2021 (issued May 13, 2020)Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-033Department of Health (with Department of Labor and Industries), Emergency rule WSR 20-11-024, chapter 246-358 WAC (May 13, 2020) (Ex. SEC-20-033)In force from May 18, 2020 to Sept. 30, 2021 (issued May 13, 2020)Gathering capFace-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-026CDC and DOL, Interim Guidance for Agricultural Workers and Employers (June 12, 2020) (Ex. SEC-20-026)In force from June 12, 2020 to Sept. 30, 2021Workplace rules
Ex. SEC-20-028CDC and OSHA, Interim Guidance: Meat and Poultry Processing Workers and Employers (updated July 9, 2020) (Ex. SEC-20-028)In force from July 9, 2020 to Sept. 30, 2021Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. SEC-20-014USDA, Office of the Secretary; Farm Service Agency; Agricultural Marketing Service, Final Rule, 85 Fed. Reg. 30825 (Docket FSA-2020-0004) (May 21, 2020) (Ex. SEC-20-014)In force from May 21, 2020 to Sept. 30, 2021Other
Ex. SEC-20-015USDA, Final Rule, 85 Fed. Reg. 59380 (Sept. 22, 2020) (Ex. SEC-20-015)In force from Sept. 22, 2020 to Sept. 30, 2021Other
Ex. SEC-20-016USDA, Final Rule, 86 Fed. Reg. 4877 (Jan. 19, 2021) (Ex. SEC-20-016)In force from Jan. 19, 2021 to Sept. 30, 2021Other

Third quarter of 2021: the instruments in force, Agriculture and Food Processing (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-20-001 (EO 13917; DPA delegation to USDA, never revoked in period)
  • SEC-10-015 (OSHA revised NEP DIR 2021-03, July 7, 2021; NAICS 311611, 311612, 311615 targeted)
  • SEC-10-041 (Cal/OSHA 8 CCR 3205, 3205.3 employer-provided housing, 3205.4 employer-provided transportation; readopted June 17, 2021)
  • SEC-10-055 (OR-OSHA OAR 437-001-0744 permanent, May 4, 2021)
  • SEC-10-056 (OR-OSHA AO 10-2021, masks in all workplaces, Aug. 13, 2021)
  • SEC-10-043 (VA 16VAC25-220 permanent standard; amended Sept. 8, 2021)
  • SEC-10-031 (NY HERO Act designation Sept. 6, 2021; plans activated for every employer)
  • SEC-20-034 (WA TWH emergency rules chain; 2021-season renewals cited by category, filings not read)
  • WA SOH Order 20-03.4
  • SEC-10-036 (IL EO 2021-20, indoor masks Aug. 30, 2021)
  • NV ED 047
  • NM PHO Aug. 17, 2021 eff. Aug. 20
  • DC Mayor's Order July 29/31, 2021
  • HI emergency proclamations and county orders
  • Metro Delta-wave mask orders: LA County July 17; Sacramento July 30; Bay Area Aug. 3; Yolo Aug.; Philadelphia Aug. 12; Chicago Aug. 20; Minneapolis/St. Paul Aug. 19; Kansas City Aug. 2; St. Louis July 26; New Orleans July 30; Atlanta and Savannah Aug.; Dane County Aug. 19; Boulder Sept. 3
  • FED-A: CDC conveyance mask order 86 FR 8025 and TSA SD 1582/84-21-01A/-01B
  • FED-A: CDC order requiring negative test for inbound international air passengers (Jan. 26, 2021 onward) reaching H-2A/H-2B arrivals by air
  • FED-B: DHS land-border notices (monthly extensions to Nov. 8, 2021) and presidential entry proclamations 9984, 9992, 9993, 9996, 10041, 10143 (South Africa from Jan. 30, 2021), 10199 (India, May 4, 2021) to Nov. 8, 2021; national-interest exceptions required for H-2A workers from listed countries (category; not verified from text)
  • SEC-20-017 (USDA CFAP 2 rule of Aug. 27, 2021 reciting 'continuing market disruptions')
  • EO 14042 and EO 14043 (Sept. 9, 2021; federal contractors and employees; FED-A)
  • ECO-B: school masking and quarantine orders of Aug.-Sept. 2021 reaching the workforce
  • NYC Key to NYC (Aug. 16/17, 2021; enforcement Sept. 13) vaccination-proof for indoor dining (MK channel; MET-NYC)

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/agriculture-food.

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.

DateOrganizerEventWhat the notice saidExhibit
Mar. 16, 2020Texas International Produce AssociationViva Fresh Expo (Texas and Mexico produce)'We continued to weigh options for postponement but in light of the rapid escalation of COVID-19 and the dangers to public health, we could not in good conscience continue... The bottom line is that we will not put our exhibitors and attendees at risk.'Ex. SEC-20-GM-004
Mar. 18, 2020News page: March 11, 2020 News Update; Rodeo Hosts Online Auctions to Support Junior Exhibitors (Mar. 18, 2020)News page: March 11, 2020 News Update; Rodeo Hosts Online Auctions to Support Junior Exhibitors (Mar. 18, 2020)Ex. SEC-20-GM-057
Mar. 19, 2020Land-grant university extension services (Iowa State University Extension and Outreach as the example)Cooperative extension meetings, grower schools, field days and certification classes (class)'Our goal is to do our part to reduce the spread of COVID-19' (ISU Extension, Mar. 19, 2020)Ex. SEC-20-GM-008
Mar. 23, 2020Guidance for Livestock Auction Markets During COVID-19 (Mar. 23, 2020)Guidance for Livestock Auction Markets During COVID-19 (Mar. 23, 2020)Ex. SEC-20-GM-024
Mar. 23, 2020Letter to livestock market operators and producers (Mar. 23, 2020) with recommended sale practicesLetter to livestock market operators and producers (Mar. 23, 2020) with recommended sale practicesEx. SEC-20-GM-025
Mar. 24, 2020Director's waiver letter of Mar. 24, 2020 on closures or restrictions of businesses relating to the food supplyDirector's waiver letter of Mar. 24, 2020 on closures or restrictions of businesses relating to the food supplyEx. SEC-20-GM-026
Mar. 27, 2020Letter to livestock market managers (Mar. 27, 2020): recommendations for all livestock salesLetter to livestock market managers (Mar. 27, 2020): recommendations for all livestock salesEx. SEC-20-GM-027
Mar. 27, 2020COVID-19 and Livestock Markets: Guidance and Best Practices (Mar. 27, 2020)COVID-19 and Livestock Markets: Guidance and Best Practices (Mar. 27, 2020)Ex. SEC-20-GM-028
Mar. 30, 2020COVID-19 Guidance for Livestock Markets (Mar. 30, 2020): essential functions under EO 20-16COVID-19 Guidance for Livestock Markets (Mar. 30, 2020): essential functions under EO 20-16Ex. SEC-20-GM-030
Mar. 30, 2020National Pork Producers CouncilWorld Pork Expo'its board of directors has decided to cancel the 2020 World Pork Expo in June due to COVID-19 human health concerns'; 'By eliminating COVID 19-related uncertainty surrounding the event, we allow producers and others across the industry to focus on the essential role we play in the nation's food' supply.Ex. SEC-20-GM-058
Mar. 31, 2020United Fresh Produce AssociationUnited Fresh 2020 Convention & Expo (fresh produce supply chain)'With the continuing COVID-19 crisis, the United Fresh Board of Directors has made the decision to move from an in-person event in San Diego this June to United Fresh LIVE!, a new, free virtual event that will connect customers, suppliers and colleagues across the industry.' (release of Mar. 31, 2020, Ex.…Ex. SEC-20-GM-067
Apr. 1, 2020Guidance for Livestock Markets to Slow the Spread of COVID-19 Virus (Apr. 1, 2020)Guidance for Livestock Markets to Slow the Spread of COVID-19 Virus (Apr. 1, 2020)Ex. SEC-20-GM-029
Apr. 10, 2020Wisconsin Farm Technology Days, Inc. (2020 Eau Claire host committee)Wisconsin Farm Technology Days'postponed this year's event to July 20-22, 2021 because of the impact Covid-19 is anticipated to have across Wisconsin this year'; 'The decision was made by the Executive Committee after discussion and input from the Eau Claire County officials, sponsors, volunteers, and exhibitors.'Ex. SEC-20-GM-019
Apr. 26, 2020Institute of Food TechnologistsIFT Annual Event & Food Expo (IFT20 / SHIFT20)'IMPORTANT NOTICE: IFT20 transitions to virtual experience'Ex. SEC-20-GM-021
May 1, 2020California Exposition & State Fair (Cal Expo), a State agencyCalifornia State Fair & Food Festival (Cal Expo)'Based on the advice of health experts and the continued guidance issued by the governor'Ex. SEC-20-GM-005
May 12, 2020State-licensed livestock auction markets (Livestock Marketing Association members)Livestock auction markets (weekly sale-barn auctions; special feeder and breeding-stock sales) (class)Tennessee Department of Agriculture (Mar. 27, 2020): 'This is not business as usual... Prohibit spectators, including children... Only allow one bidder per business or family on site... If possible, allow bidding online and/or over the phone.' Iowa (IDALS and IDPH, Mar. 23, 2020): 'No spectators (including family…Ex. SEC-20-GM-023
May 15, 2020American Royal AssociationAmerican Royal (livestock show, horse shows, rodeo and World Series of Barbecue)'With concerns surrounding the COVID-19 pandemic, the health and safety of our guests, community members, volunteers, and our employees is our top priority.'Ex. SEC-20-GM-022
May 22, 2020Minnesota State Agricultural SocietyMinnesota State Fair'2020 STATE FAIR CANCELED' (organizer's homepage, captured June 2, 2020)Ex. SEC-20-GM-048
May 29, 2020Wisconsin State Fair Park (a State agency)Wisconsin State Fair'The 2020 Wisconsin State Fair has been cancelled. Click here for details and refund information.'Ex. SEC-20-GM-034
June 3, 2020IDEAg Group (Farm Journal)Dakotafest'As the COVID-19 pandemic has affected the world, we have carried on, optimistic for the future.... the safety, health and well-being of everyone involved with the show, their families, and surrounding communities is paramount. Therefore, it is with great disappointment and heavy hearts that we share that Dakotafest…Ex. SEC-20-GM-038
June 4, 2020World Dairy Expo, Inc.World Dairy Expo'based on the public health orders and restrictions related to COVID-19, in place and issued by Public Health Madison & Dane County'; the county-owned venue 'falls under the jurisdiction of Emergency Order #3 and Forward Dane'; the anticipated phase 'includes a limit of 250 people at outdoor events, eliminating any…Ex. SEC-20-GM-002
June 24, 2020Penn State College of Agricultural SciencesPenn State Ag Progress Days'cancelled due to the ongoing coronavirus pandemic'Ex. SEC-20-GM-018
June 26, 2020National FFA OrganizationNational FFA Convention & Expo'The National FFA Organization announced today that the 2020 National FFA Convention & Expo will be held virtually.' (release of June 26, 2020)Ex. SEC-20-GM-016
June 29, 2020Farm Progress (Informa Markets)Husker Harvest Days'While farmer and exhibitor interest remains, due to changing conditions Husker Harvest Days is cancelled for 2020.'Ex. SEC-20-GM-003
July 1, 2020Lee Trade Shows (Empire Farm Days)Empire Farm Days'The final straw was the Governor's executive order limiting the number of people that can currently gather in one place.' Seneca County Attorney, as quoted: 'A significant factor in the decision includes the current Executive Orders which prohibit gatherings in excess of 25 persons, except for narrowly defined…Ex. SEC-20-GM-013
July 3, 2020Farm Progress (Informa Markets)Farm Progress Show'While farmer and exhibitor interest remains, due to changing conditions the Farm Progress Show cancelled for 2020.' The organizer added: 'We have been working with officials in Iowa and Nebraska for our shows, and we appreciate the support they expressed for us to hold the events.'Ex. SEC-20-GM-017
July 6, 2020New York State Department of Agriculture and Markets (State Fair Director)Great New York State Fair'Today, Governor Cuomo announced that the 2020 Great New York State Fair would be canceled to ensure the health and safety of New Yorkers and all fairgoers. This is the second time in the Fair's long history that it has been necessary to cancel the State Fair: the first was during World War II, and today in 2020, due…Ex. SEC-20-GM-035
July 6, 2020New York State Department of Agriculture and Markets (State Fair Director)Great New York State Fair'Today, Governor Cuomo announced that the 2020 Great New York State Fair would be canceled to ensure the health and safety of New Yorkers and all fairgoers. This is the second time in the Fair's long history that it has been necessary to cancel the State Fair: the first was during World War II, and today in 2020, due…Ex. SEC-20-GM-064
July 7, 2020State Fair of Texas (a 501(c)(3) nonprofit)State Fair of Texas'the State Fair of Texas will not open for the 2020 season'Ex. SEC-20-GM-033
July 8, 2020Indiana State Fair Commission (a State body)Indiana State Fair'This year's traditional Indiana State Fair will not take place. Ultimately, the difficult decision was driven by the impact of COVID-19.' 'While Indiana's Back on Track plan currently has large gatherings resuming after July 4th, we must make these difficult decisions based on what we know today.'Ex. SEC-20-GM-012
July 14, 2020Ohio State College of Food, Agricultural, and Environmental SciencesFarm Science Review (Ohio State University)'will not be held in-person. Instead, a virtual show will be implemented for 2020.'Ex. SEC-20-GM-054
July 15, 2020Oklahoma State Fair, Inc.Oklahoma State Fair'Due to the evolving COVID-19 health crisis, its impact on community health and well-being, the 2020 Oklahoma State Fair has been canceled. We look forward to brighter days ahead when we can gather again.'Ex. SEC-20-GM-050
July 29, 2020Produce Marketing AssociationPMA Fresh Summit (produce and floral)'Fresh Summit is going virtual!'Ex. SEC-20-GM-052
Aug. 7, 2020Nebraska State Fair Board (Nebraska State Fair 1868 Foundation)Nebraska State Fair'The 2020 State Fair will include 4-H and FFA livestock competitions, contests, presentations, and static exhibits'Ex. SEC-20-GM-044
Aug. 8, 2020Tulsa County Public Facilities Authority (Expo Square)Tulsa State Fair (junior livestock show)'The Tulsa State Fair will implement and follow all CDC and THD guidelines.... Mask guidelines will be followed as defined by the City of Tulsa, Oklahoma; Ordinance Number 24408.'Ex. SEC-20-GM-061
Aug. 12, 2020Washington State Fair AssociationWashington State Fair (Puyallup)'any fair, ours included, is a people-gathering event... That hypothesis runs contrary to the challenges of containing this pandemic.' 'based on what we currently know in the governor's phased approach to reopening the economy, this was the time to make the decision to cancel.'Ex. SEC-20-GM-011
Aug. 13, 2020Sunbelt Agricultural Exposition, Inc.Sunbelt Ag Expo'Sunbelt Ag Expo Suspends Plans for Its 43rd Annual Show'Ex. SEC-20-GM-037
Aug. 14, 2020Arizona Exposition & State Fair Board (a State agency)Arizona State Fair'While the fun and carefree environment the State Fair provides is appreciated by the community, we know this year it's not the right time to hold a large event. The health and safety of our team, visitors and community is most important.' (Wanell Costello, Executive Director)Ex. SEC-20-GM-051
Aug. 19, 2020Pennsylvania Department of AgriculturePennsylvania Farm Show (and the Keystone International Livestock Exposition)'canceled to mitigate the risk of COVID-19'Ex. SEC-20-GM-036
Aug. 20, 2020New Mexico State Fair (EXPO New Mexico, a State agency)New Mexico State Fair'The 2020 New Mexico State Fair Has Been Canceled'Ex. SEC-20-GM-043
Aug. 27, 2020Red River Valley Fair AssociationBig Iron Farm Show'will work closely with Cass County Public Health to ensure the safest layout'Ex. SEC-20-GM-056
Aug. 28, 202093rd National FFA Convention & Expo homepage: Join Virtually Oct. 27-29, 202093rd National FFA Convention & Expo homepage: Join Virtually Oct. 27-29, 2020Ex. SEC-20-GM-031
Sept. 3, 2020Diversified CommunicationsPacific Marine Expo (commercial fishing and seafood processing)'UPDATE: NOVEL CORONAVIRUS (COVID-19)... Expo Online: Nov. 17-19, 2020'Ex. SEC-20-GM-062
Sept. 14, 2020International Agri-Center, Inc.World Ag Expo (International Agri-Center)News: 2021 World Ag Expo Cancelled due to COVID-19Ex. SEC-20-GM-001
Sept. 14, 2020Western Stock Show AssociationNational Western Stock ShowPress Release: The 115th National Western Stock Show postponed until January 2022 (Sept. 14, 2020)Ex. SEC-20-GM-014
Oct. 1, 2020Arizona National Livestock Show, Inc.Arizona National Livestock Show'COVID restrictions have definitely kept us on our toes and will change the way we do things this year.'Ex. SEC-20-GM-060
Oct. 6, 2020Southwestern Exposition and Livestock ShowFort Worth Stock Show & RodeoHomepage notice: 2021 Fort Worth Stock Show & Rodeo Cancelled ('very high risk')Ex. SEC-20-GM-049
Oct. 9, 2020U.S. Poultry & Egg Association, American Feed Industry Association and North American Meat InstituteInternational Production & Processing Expo (IPPE) (poultry, meat and feed)Release of Oct. 9, 2020 (Tucker, Ga.): No IPPE 2021 In-Person Event; Exhibitor Engagement and Education Opportunities to Be Offered Jan. 25 - 29; next in-person IPPE Jan. 25-27, 2022Ex. SEC-20-GM-066
Oct. 12, 2020U.S. Poultry & Egg Association, American Feed Industry Association and North American Meat InstituteInternational Production & Processing Expo (IPPE) (poultry, meat and feed)IPPE homepage: No IPPE 2021 In-Person Event; digital exhibitor engagement Jan. 25-29, 2021Ex. SEC-20-GM-020
Oct. 14, 2020American Farm Bureau FederationAmerican Farm Bureau Federation Annual Convention & Trade ShowConvention page: American Farm Bureau's 102nd Convention Goes Virtual (Oct. 14, 2020) following the San Diego Convention Center's cancellation of all events through Jan. 31, 2021Ex. SEC-20-GM-053
Nov. 1, 2020National Potato CouncilPotato ExpoHomepage notice: Potato Expo 2021 Goes 100% VirtualEx. SEC-20-GM-007
Nov. 11, 2020Southeast Produce CouncilSouthern Exposure (Southeast Produce Council)'SEPC RESCHEDULES SOUTHERN EXPOSURE 11/11/20'Ex. SEC-20-GM-047
Nov. 18, 2020CHS Inc.CHS Inc. Annual Meeting (farmer-owned cooperative)'Please join us online for the 2020 CHS Annual Meeting on Thursday, Dec. 3. The abbreviated virtual meeting will include business reports from the Board and management, a financial update and an opportunity to ask questions during the live member interaction session.'Ex. SEC-20-GM-015
Nov. 26, 2020Greater Spokane IncorporatedSpokane Ag Show (Spokane Ag Expo and Pacific Northwest Farm Forum)Homepage notice: in-person 2021 Spokane Ag Show cancelled; virtual Feb. 1-5, 2021Ex. SEC-20-GM-041
Nov. 29, 2020FMI - The Food Industry Association and North American Meat InstituteAnnual Meat Conference (retail meat and poultry)Homepage notice: The 2021 Annual Meat Conference is now a virtual eventEx. SEC-20-GM-042
Dec. 2, 2020National Cattlemen's Beef AssociationCattle Industry Convention & NCBA Trade ShowConvention news page: 2021 Cattle Industry Convention and NCBA Trade Show moved to Aug. 10-12, 2021Ex. SEC-20-GM-010
Dec. 2, 2020American Society for Enology and Viticulture and California Association of Winegrape GrowersUnified Wine & Grape SymposiumHomepage: 2021 Unified Symposium, Virtual Conference & Trade Show, Jan. 26-29, 2021Ex. SEC-20-GM-055
Dec. 7, 2020Western Equipment Dealers AssociationWestern Farm ShowHomepage notice: The Western Farm Show has cancelled for 2021 (Dec. 7, 2020); rescheduled to Feb. 25-27, 2022Ex. SEC-20-GM-040
Dec. 17, 2020National Corn Growers Association and American Soybean Association (with NAWG and National Sorghum Producers)Commodity Classic (corn, soybean, wheat and sorghum growers' convention and trade show)Homepage notice: Commodity Classic Announces Transition to Digital Experience; In-Person 2021 Event Will Not Take Place Due to COVID-19 RestrictionsEx. SEC-20-GM-006
Jan. 1, 2021Florida State Fair Authority (a State body)Florida State FairHomepage: Florida State Fair Postponed to April 2021Ex. SEC-20-GM-045
Jan. 25, 2021Southern Cotton Ginners Association and Foundation with Delta Farm PressMid-South Farm & Gin ShowHomepage notice: 2021 Mid-South Farm & Gin Show, A Virtual Experience (Jan. 25, 2021)Ex. SEC-20-GM-039
Jan. 27, 2021Southern Shows Inc.Southern Farm ShowPage: The Southern Farm Show will not take place in 2021; next show Feb. 2-4, 2022Ex. SEC-20-GM-059
Jan. 28, 2021Kentucky Venues (Kentucky State Fair Board)National Farm Machinery Show and Championship Tractor PullRelease: National Farm Machinery Show and Championship Tractor Pull Postpones Until 2022 (Jan. 28, 2021)Ex. SEC-20-GM-009
Mar. 2, 2021California Exposition & State Fair (Cal Expo), a State agencyCalifornia State Fair & Food Festival (Cal Expo)'Based on the advice of health experts and the continued guidance issued by the governor'Ex. SEC-20-GM-065
Mar. 21, 2021Institute of Food TechnologistsIFT FIRST 2021 (Annual Event & Expo)Homepage: IFT Transitions 2021 Annual Event to Digital ExperienceEx. SEC-20-GM-063
Apr. 30, 2021California Exposition & State Fair (Cal Expo), a State agencyCalifornia State Fair & Food Festival (Cal Expo)'Based on the advice of health experts and the continued guidance issued by the governor'Ex. SEC-20-GM-046

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 Agriculture and Food Processing 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 203 instruments in force for this selection: 24 instruments from the regulators of Agriculture and Food Processing (Governor Dunleavy; DHSS, COVID-19 Health Mandate 010 (Mar. 23, 2020): International and Interstate Travel - Order for Self-Quarantine; Attachment A: Alaska Essential Services and Critical Workforce Infrastructure Order (protective plans) (Ex. SEC-20-048); Governor Mike Dunleavy; Commissioner Adam Crum (DHSS); Dr. Anne Zink (Chief Medical Officer), COVID-19 Health Mandate 017 (Apr. 23, 2020) (Ex. SEC-20-047); President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001); and 21 more) and 179 federal instruments (Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); 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); Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264); 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 Agriculture and Food industry, as the Library records them: farm production and harvest (FP; Ex. SEC-20-031, Ex. SEC-20-027, Ex. SEC-20-012, Ex. SEC-20-013 and 9 more); packing and processing plants (PK; Ex. SEC-20-048, Ex. SEC-20-047, Ex. SEC-20-001, Ex. SEC-20-031 and 9 more); labor (LB; Ex. SEC-20-048, Ex. SEC-20-047, Ex. SEC-20-031, Ex. SEC-20-027 and 11 more); markets (MK; Ex. SEC-20-020, Ex. SEC-20-014); transport and exports (TR; Ex. SEC-20-048, Ex. SEC-20-047, Ex. SEC-20-020, Ex. SEC-20-014); inputs (IN; Ex. SEC-20-010); hiring, screening, training and credentialing (HR; Ex. SEC-20-031, Ex. SEC-20-012, Ex. SEC-20-013, Ex. SEC-20-005 and 4 more); office, administration and telework (OP; Ex. SEC-20-040, Ex. SEC-20-045, Ex. SEC-20-025); workforce availability (WF; Ex. SEC-20-048, Ex. SEC-20-047, Ex. SEC-20-001, Ex. SEC-20-031 and 9 more); the customer base (CB; Ex. SEC-20-025, Ex. SEC-20-014).

Step three, the change compelled. Governor Mike Dunleavy; Commissioner Adam Crum (DHSS); Dr. Anne Zink (Chief Medical Officer), COVID-19 Health Mandate 017 (Apr. 23, 2020) (Ex. SEC-20-047) ordered: "Independent commercial fishing vessels operating in Alaskan waters and ports must enact the protective measures and procedures described in Appendix 01, the Alaska Protective Plan for Commercial Fishing Vessels... Vessel captains are required to maintain documentation as directed by Appendix 01…" Enforcement: Reckless endangerment, class A misdemeanor (AS 11.41.250), as recited President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001) ordered: "recent actions in some States have led to the complete closure of some large processing facilities... closure of a single large beef processing facility can result in the loss of over 10 million individual servings of beef in a single day... Under the delegation of authority provided in this order…" Enforcement: DPA secs. 101, 103 (50 U.S.C. 4511, 4513: willful failure to perform prioritized contracts or orders punishable by fine and imprisonment); orders and… Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031) ordered: "I hereby modify those provisions of Proclamation 20-25 (as amended) applicable to essential workers and workplaces to prohibit any agricultural employer from continuing to operate beyond June 3, 2020, unless the employer complies with all provisions of the Agriculture COVID-19 Requirements…" Enforcement: 'Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5) in addition to enforcement actions taken by the Washington Department… 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. COVID-19 Health Mandate 010 (Mar. 23, 2020): International and Interstate Travel - Order… (Ex. SEC-20-048) was in force from Mar. 25, 2020 to June 6, 2020, 74 of the quarter's 110 days; COVID-19 Health Mandate 017 (Ex. SEC-20-047) was in force from Apr. 24, 2020 to Sept. 30, 2020, 68 of the quarter's 110 days; Executive Order 13917 (Ex. SEC-20-001) was in force from Apr. 28, 2020 to Sept. 30, 2021, 64 of the quarter's 110 days. Of the 24 instruments in the quarter's record, 0 were in force on its first day, 22 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 Agriculture and Food 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 191 instruments in force for this selection: 28 instruments from the regulators of Agriculture and Food Processing (Governor Dunleavy; DHSS, COVID-19 Health Mandate 010 (Mar. 23, 2020): International and Interstate Travel - Order for Self-Quarantine; Attachment A: Alaska Essential Services and Critical Workforce Infrastructure Order (protective plans) (Ex. SEC-20-048); Governor Mike Dunleavy; Commissioner Adam Crum (DHSS); Dr. Anne Zink (Chief Medical Officer), COVID-19 Health Mandate 017 (Apr. 23, 2020) (Ex. SEC-20-047); President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001); and 25 more) and 163 federal instruments (Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); 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); Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028); 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 Agriculture and Food industry, as the Library records them: farm production and harvest (FP; Ex. SEC-20-031, Ex. SEC-20-027, Ex. SEC-20-012, Ex. SEC-20-013 and 11 more); packing and processing plants (PK; Ex. SEC-20-048, Ex. SEC-20-047, Ex. SEC-20-001, Ex. SEC-20-031 and 11 more); labor (LB; Ex. SEC-20-048, Ex. SEC-20-047, Ex. SEC-20-031, Ex. SEC-20-027 and 14 more); markets (MK; Ex. SEC-20-014, Ex. SEC-20-015); transport and exports (TR; Ex. SEC-20-048, Ex. SEC-20-047, Ex. SEC-20-014, Ex. SEC-20-015); inputs (IN; Ex. SEC-20-010); hiring, screening, training and credentialing (HR; Ex. SEC-20-031, Ex. SEC-20-012, Ex. SEC-20-013, Ex. SEC-20-005 and 8 more); office, administration and telework (OP; Ex. SEC-20-040, Ex. SEC-20-045, Ex. SEC-20-043, Ex. SEC-20-025); workforce availability (WF; Ex. SEC-20-048, Ex. SEC-20-047, Ex. SEC-20-001, Ex. SEC-20-031 and 12 more); the customer base (CB; Ex. SEC-20-025, Ex. SEC-20-014, Ex. SEC-20-015).

Step three, the change compelled. Governor Mike Dunleavy; Commissioner Adam Crum (DHSS); Dr. Anne Zink (Chief Medical Officer), COVID-19 Health Mandate 017 (Apr. 23, 2020) (Ex. SEC-20-047) ordered: "Independent commercial fishing vessels operating in Alaskan waters and ports must enact the protective measures and procedures described in Appendix 01, the Alaska Protective Plan for Commercial Fishing Vessels... Vessel captains are required to maintain documentation as directed by Appendix 01…" Enforcement: Reckless endangerment, class A misdemeanor (AS 11.41.250), as recited President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001) ordered: "recent actions in some States have led to the complete closure of some large processing facilities... closure of a single large beef processing facility can result in the loss of over 10 million individual servings of beef in a single day... Under the delegation of authority provided in this order…" Enforcement: DPA secs. 101, 103 (50 U.S.C. 4511, 4513: willful failure to perform prioritized contracts or orders punishable by fine and imprisonment); orders and… Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031) ordered: "I hereby modify those provisions of Proclamation 20-25 (as amended) applicable to essential workers and workplaces to prohibit any agricultural employer from continuing to operate beyond June 3, 2020, unless the employer complies with all provisions of the Agriculture COVID-19 Requirements…" Enforcement: 'Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5) in addition to enforcement actions taken by the Washington Department… 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. COVID-19 Health Mandate 017 (Ex. SEC-20-047) was in force from Apr. 24, 2020 to Sept. 30, 2020, 92 of the quarter's 92 days; Executive Order 13917 (Ex. SEC-20-001) was in force from Apr. 28, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (Ex. SEC-20-031) was in force from June 3, 2020 to June 30, 2021, 92 of the quarter's 92 days. Of the 28 instruments in the quarter's record, 20 were in force on its first day, 22 on its last day and 15 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 Agriculture and Food 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 183 instruments in force for this selection: 23 instruments from the regulators of Agriculture and Food Processing (Governor Dunleavy; DHSS, COVID-19 Health Mandate 010 (Mar. 23, 2020): International and Interstate Travel - Order for Self-Quarantine; Attachment A: Alaska Essential Services and Critical Workforce Infrastructure Order (protective plans) (Ex. SEC-20-048); President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001); Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031); and 20 more) and 160 federal instruments (Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); 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); Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077); 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 Agriculture and Food industry, as the Library records them: farm production and harvest (FP; Ex. SEC-20-031, Ex. SEC-20-027, Ex. SEC-20-012, Ex. SEC-20-013 and 9 more); packing and processing plants (PK; Ex. SEC-20-048, Ex. SEC-20-001, Ex. SEC-20-031, Ex. SEC-20-040 and 6 more); labor (LB; Ex. SEC-20-048, Ex. SEC-20-031, Ex. SEC-20-027, Ex. SEC-20-012 and 11 more); markets (MK; Ex. SEC-20-014, Ex. SEC-20-015); transport and exports (TR; Ex. SEC-20-048, Ex. SEC-20-014, Ex. SEC-20-015); inputs (IN; Ex. SEC-20-010, Ex. SEC-20-011); hiring, screening, training and credentialing (HR; Ex. SEC-20-031, Ex. SEC-20-012, Ex. SEC-20-013, Ex. SEC-20-002 and 5 more); office, administration and telework (OP; Ex. SEC-20-040, Ex. SEC-20-025); workforce availability (WF; Ex. SEC-20-048, Ex. SEC-20-001, Ex. SEC-20-031, Ex. SEC-20-040 and 9 more); the customer base (CB; Ex. SEC-20-025, Ex. SEC-20-014, Ex. SEC-20-015).

Step three, the change compelled. President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001) ordered: "recent actions in some States have led to the complete closure of some large processing facilities... closure of a single large beef processing facility can result in the loss of over 10 million individual servings of beef in a single day... Under the delegation of authority provided in this order…" Enforcement: DPA secs. 101, 103 (50 U.S.C. 4511, 4513: willful failure to perform prioritized contracts or orders punishable by fine and imprisonment); orders and… Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031) ordered: "I hereby modify those provisions of Proclamation 20-25 (as amended) applicable to essential workers and workplaces to prohibit any agricultural employer from continuing to operate beyond June 3, 2020, unless the employer complies with all provisions of the Agriculture COVID-19 Requirements…" Enforcement: 'Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5) in addition to enforcement actions taken by the Washington Department… Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020) (Ex. SEC-20-012) ordered: "the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide…" Enforcement: Administrative (no appointments; no adjudication) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Oct. 1, 2020 to Dec. 31, 2020, 92 days. Executive Order 13917 (Ex. SEC-20-001) was in force from Apr. 28, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (Ex. SEC-20-031) was in force from June 3, 2020 to June 30, 2021, 92 of the quarter's 92 days; Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85… (Ex. SEC-20-027) was in force from Mar. 18, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 23 instruments in the quarter's record, 18 were in force on its first day, 18 on its last day and 16 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 Agriculture and Food 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 195 instruments in force for this selection: 20 instruments from the regulators of Agriculture and Food Processing (Governor Dunleavy; DHSS, COVID-19 Health Mandate 010 (Mar. 23, 2020): International and Interstate Travel - Order for Self-Quarantine; Attachment A: Alaska Essential Services and Critical Workforce Infrastructure Order (protective plans) (Ex. SEC-20-048); President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001); Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031); and 17 more) and 175 federal instruments (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); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078); 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 Agriculture and Food industry, as the Library records them: farm production and harvest (FP; Ex. SEC-20-031, Ex. SEC-20-027, Ex. SEC-20-012, Ex. SEC-20-013 and 6 more); packing and processing plants (PK; Ex. SEC-20-048, Ex. SEC-20-001, Ex. SEC-20-031, Ex. SEC-20-002 and 4 more); labor (LB; Ex. SEC-20-048, Ex. SEC-20-031, Ex. SEC-20-027, Ex. SEC-20-012 and 9 more); markets (MK; Ex. SEC-20-014, Ex. SEC-20-015, Ex. SEC-20-016); transport and exports (TR; Ex. SEC-20-048, Ex. SEC-20-014, Ex. SEC-20-015); inputs (IN; Ex. SEC-20-010, Ex. SEC-20-011); hiring, screening, training and credentialing (HR; Ex. SEC-20-031, Ex. SEC-20-012, Ex. SEC-20-013, Ex. SEC-20-002 and 3 more); workforce availability (WF; Ex. SEC-20-048, Ex. SEC-20-001, Ex. SEC-20-031, Ex. SEC-20-009 and 7 more); the customer base (CB; Ex. SEC-20-014, Ex. SEC-20-015, Ex. SEC-20-016).

Step three, the change compelled. President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001) ordered: "recent actions in some States have led to the complete closure of some large processing facilities... closure of a single large beef processing facility can result in the loss of over 10 million individual servings of beef in a single day... Under the delegation of authority provided in this order…" Enforcement: DPA secs. 101, 103 (50 U.S.C. 4511, 4513: willful failure to perform prioritized contracts or orders punishable by fine and imprisonment); orders and… Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031) ordered: "I hereby modify those provisions of Proclamation 20-25 (as amended) applicable to essential workers and workplaces to prohibit any agricultural employer from continuing to operate beyond June 3, 2020, unless the employer complies with all provisions of the Agriculture COVID-19 Requirements…" Enforcement: 'Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5) in addition to enforcement actions taken by the Washington Department… Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020) (Ex. SEC-20-012) ordered: "the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide…" Enforcement: Administrative (no appointments; no adjudication) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. Executive Order 13917 (Ex. SEC-20-001) was in force from Apr. 28, 2020 to Sept. 30, 2021, 90 of the quarter's 90 days; Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (Ex. SEC-20-031) was in force from June 3, 2020 to June 30, 2021, 90 of the quarter's 90 days; Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85… (Ex. SEC-20-027) was in force from Mar. 18, 2020 to Sept. 30, 2021, 90 of the quarter's 90 days. Of the 20 instruments in the quarter's record, 16 were in force on its first day, 18 on its last day and 16 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 Agriculture and Food 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 181 instruments in force for this selection: 16 instruments from the regulators of Agriculture and Food Processing (President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001); Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031); U.S. Embassy and Consulates in Mexico, Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85 Fed. Reg. 21739) (Mar. 18, 2020) (Ex. SEC-20-027); and 13 more) and 165 federal instruments (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); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078); 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 Agriculture and Food industry, as the Library records them: farm production and harvest (FP; Ex. SEC-20-031, Ex. SEC-20-027, Ex. SEC-20-012, Ex. SEC-20-013 and 6 more); packing and processing plants (PK; Ex. SEC-20-001, Ex. SEC-20-031, Ex. SEC-20-002, Ex. SEC-20-044 and 1 more); labor (LB; Ex. SEC-20-031, Ex. SEC-20-027, Ex. SEC-20-012, Ex. SEC-20-013 and 5 more); markets (MK; Ex. SEC-20-014, Ex. SEC-20-015, Ex. SEC-20-016); transport and exports (TR; Ex. SEC-20-014, Ex. SEC-20-015); hiring, screening, training and credentialing (HR; Ex. SEC-20-031, Ex. SEC-20-012, Ex. SEC-20-013, Ex. SEC-20-002 and 3 more); workforce availability (WF; Ex. SEC-20-001, Ex. SEC-20-031, Ex. SEC-20-002, Ex. SEC-20-032 and 5 more); the customer base (CB; Ex. SEC-20-014, Ex. SEC-20-015, Ex. SEC-20-016).

Step three, the change compelled. President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001) ordered: "recent actions in some States have led to the complete closure of some large processing facilities... closure of a single large beef processing facility can result in the loss of over 10 million individual servings of beef in a single day... Under the delegation of authority provided in this order…" Enforcement: DPA secs. 101, 103 (50 U.S.C. 4511, 4513: willful failure to perform prioritized contracts or orders punishable by fine and imprisonment); orders and… Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031) ordered: "I hereby modify those provisions of Proclamation 20-25 (as amended) applicable to essential workers and workplaces to prohibit any agricultural employer from continuing to operate beyond June 3, 2020, unless the employer complies with all provisions of the Agriculture COVID-19 Requirements…" Enforcement: 'Violators of this order may be subject to criminal penalties pursuant to RCW 43.06.220(5) in addition to enforcement actions taken by the Washington Department… Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020) (Ex. SEC-20-012) ordered: "the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide…" Enforcement: Administrative (no appointments; no adjudication) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Apr. 1, 2021 to June 30, 2021, 91 days. Executive Order 13917 (Ex. SEC-20-001) was in force from Apr. 28, 2020 to Sept. 30, 2021, 91 of the quarter's 91 days; Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (Ex. SEC-20-031) was in force from June 3, 2020 to June 30, 2021, 91 of the quarter's 91 days; Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85… (Ex. SEC-20-027) was in force from Mar. 18, 2020 to Sept. 30, 2021, 91 of the quarter's 91 days. Of the 16 instruments in the quarter's record, 15 were in force on its first day, 13 on its last day and 13 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 Agriculture and Food 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 180 instruments in force for this selection: 13 instruments from the regulators of Agriculture and Food Processing (President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001); U.S. Embassy and Consulates in Mexico, Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85 Fed. Reg. 21739) (Mar. 18, 2020) (Ex. SEC-20-027); Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020) (Ex. SEC-20-012); and 10 more) and 167 federal instruments (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); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); 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); 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 Agriculture and Food industry, as the Library records them: farm production and harvest (FP; Ex. SEC-20-027, Ex. SEC-20-012, Ex. SEC-20-013, Ex. SEC-20-032 and 2 more); packing and processing plants (PK; Ex. SEC-20-001, Ex. SEC-20-002, Ex. SEC-20-028); labor (LB; Ex. SEC-20-027, Ex. SEC-20-012, Ex. SEC-20-013, Ex. SEC-20-032 and 2 more); markets (MK; Ex. SEC-20-014, Ex. SEC-20-015, Ex. SEC-20-016, Ex. SEC-20-017); transport and exports (TR; Ex. SEC-20-014, Ex. SEC-20-015); hiring, screening, training and credentialing (HR; Ex. SEC-20-012, Ex. SEC-20-013, Ex. SEC-20-002, Ex. SEC-20-028); workforce availability (WF; Ex. SEC-20-001, Ex. SEC-20-002, Ex. SEC-20-032, Ex. SEC-20-033 and 2 more); the customer base (CB; Ex. SEC-20-014, Ex. SEC-20-015, Ex. SEC-20-016, Ex. SEC-20-017).

Step three, the change compelled. President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001) ordered: "recent actions in some States have led to the complete closure of some large processing facilities... closure of a single large beef processing facility can result in the loss of over 10 million individual servings of beef in a single day... Under the delegation of authority provided in this order…" Enforcement: DPA secs. 101, 103 (50 U.S.C. 4511, 4513: willful failure to perform prioritized contracts or orders punishable by fine and imprisonment); orders and… Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020) (Ex. SEC-20-012) ordered: "the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide…" Enforcement: Administrative (no appointments; no adjudication) Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020) (Ex. SEC-20-013) ordered: "the Department of State temporarily suspended routine visa services at all U.S. Embassies and Consulates as of March 20, 2020... The H-2 program is essential to the economy and food security of the United States and is a national security priority. Therefore, we intend to continue processing H-2…" Enforcement: Administrative The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2021 to Sept. 30, 2021, 92 days. Executive Order 13917 (Ex. SEC-20-001) was in force from Apr. 28, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85… (Ex. SEC-20-027) was in force from Mar. 18, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Important Announcement on H2 Visas (Ex. SEC-20-013) was in force from Mar. 26, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 13 instruments in the quarter's record, 11 were in force on its first day, 12 on its last day and 11 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 Agriculture and Food 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 Agriculture and Food Processing

The Service's letters and its examiners' positions against employers of this class reduce to fourteen propositions. Each is answered below from the statute's text, from Tri-State, from the instruments in the Library and from the United States' own representations. None is presented as a reasonable alternative to the text, because the United States has represented that the document carrying each gloss "lacks the force of law" and that "the statute will control."

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: No orders in effect during the quarter

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.

The sentence is a recital about the Service's records, and the public record contradicts it for every quarter. For the third quarter of 2021 alone, the quarters section lists an unrevoked Defense Production Act order on every meat and poultry plant, a national emphasis program naming the slaughter and processing industries by NAICS code, occupational-safety standards regulating the labor camp, the crew bus and the exposed worker in California, Oregon, Washington, Virginia and New York, an airborne-transmission control on every conveyance, entry suspensions covering thirty-three countries, land-border limits renewed three times inside the quarter, a Title 42 order reassessed inside the quarter, universal indoor face-covering orders (airborne-transmission controls binding every indoor workplace and public setting) in seven States and the District, California's settings-based face-covering and health-care vaccination orders, face-covering orders in more than forty counties and cities, vaccination orders on the federal workforce, federal contractors and the workforce's institutions, and tribal and territorial orders, each in force on some or all of the days between July 1 and September 30, 2021, each published by its issuer. For the second quarter of 2020 the record includes the stay-at-home orders of forty-two States and the District, the closure of every school in the country and of every restaurant dining room in forty-nine States and the District, the closure of the consulates and USCIS, the closure of the plants, and the President's own finding that "recent actions in some States have led to the complete closure of some large processing facilities." The National Taxpayer Advocate has recorded that the Service's 2024 letters were issued "based on the results of risk filter analyses rather than a prior examination." A letter that asserts the absence of orders no one examined is not a determination of facts and circumstances; it is an error of fact, and it describes a period that did not occur.

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

Sentence 2: The employer was designated essential and remained open

The employer operated an essential business and remained open.

The statute does not contain the word "essential," and the designation was never an exemption from the orders; it was the premise of the conditions the orders imposed. Every stay-at-home order permitted food and agriculture to continue on condition of compliance with distancing, hygiene, screening and face-covering rules, the workplace infection-prevention and exposure-control requirements of the essential designation; Georgia's imposed sixteen measures on every Critical Infrastructure employer; Washington's Governor prohibited any agricultural employer from operating after June 3, 2020 except in compliance with the State's requirements; Kentucky required "six-foot distancing for their entire shift"; North Carolina required surgical masks of every plant worker; Michigan required a test of every worker before in-person work; Executive Order 13917 made the CDC-OSHA guidance the enforceable condition of every plant's continued operation. The Notice itself says so: Q&A-11 excludes only an employer whose order "allows all of the employer's operations to remain open," provides that "an essential business that is permitted to continue its operations may, nonetheless, be considered to have a partial suspension of its operations" where an order "requires the business to close for a period of time during normal working hours," and Q&A-17's Example 4 finds an essential hospital partially suspended; Q&A-19's Example is a food processing facility. Tri-State held a hospital that remained open throughout partially suspended by the protocols its State's proclamation imposed. An employer permitted to remain open on conditions that delayed and interrupted a portion of its operation was partially suspended by the order that imposed the conditions, and the Service's own Notice says so.

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

Sentence 3: Stay-at-home orders directed to the public are not considered

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 of the limitation or the addressee of the order. It asks whether the order limited "commerce, travel, or group meetings," and a stay-at-home order limits all three in terms. The Service's own Q&A-10 lists among its four qualifying orders "[a] State's emergency proclamation that residents must shelter in place for a specified period," beside the mayor's closure order, a curfew on residents and a health-department cleaning closure. The United States has told the Ninth Circuit that "a business may be suspended 'due to' a government order addressing a third party." The FAQ of April 29, 2020, the Service's published position while the second quarter of 2020 was open, defined governmental orders as those that limit commerce, travel or group meetings "in a manner that affects an employer's operation of its trade or business," and listed the shelter-in-place proclamation. For this industry the stay-at-home orders confined the households that buy food at retail, the workers who harvest and pack it, and the customers of the restaurants that buy it at wholesale; each is a limitation on this industry's commerce. A sentence excluding orders addressed to the public appears in no enactment and is contradicted by the Notice the Service administers; it is not a rule of law, and the United States has disclaimed the authority to make it one.

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

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

The employer could have continued comparable operations through telework.

"Comparable operations" and "telework" are not in the statute. A slaughter line, an orchard, a dairy, a packing house and a labor camp cannot be operated from home; the Notice's own factor (3) provides that where "the employer's physical work space is so critical to its trade or business operations that tasks central to the trade or business's operations are unable to be performed remotely, then this factor alone indicates that the employer is not able to continue comparable operations," and gives "manufacturing involving special equipment or materials that cannot be accessed or operated remotely" as its example. Q&A-15's second paragraph finds a partial suspension wherever "the closure of the workplace causes the employer to suspend business operations for certain purposes, but not others," and its Examples 2 and 3 find partial suspension wherever equipment or a laboratory was reached. That an employer's sales office teleworked under New Jersey's, Pennsylvania's or Los Angeles County's telework mandate does not make the plant or the harvest comparable; it makes the office a portion of the operation the order changed. The FAQ page's sentence that "[i]f all your employees were able to telework ... your business wasn't suspended" is narrower than the Notice itself and has no source in any enactment; as a statement of a statute that reads "fully or partially suspended," it is factually incorrect, and applied to a slaughter line or an orchard it describes an operation that does not exist.

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

Sentence 5: The orders affected the employer's customers, not the employer

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

An order that closed every restaurant, school and institutional kitchen in the country limited the commerce between those customers and the growers, packers and processors that supplied them, and the statute asks nothing about which party to the transaction the order addressed. Q&A-13 has no source in the text; it cannot be reconciled with Q&A-10's listing of the shelter-in-place proclamation, with Q&A-12's supplier rule, or with the United States' representation that an order "addressing a third party" can suspend a business; and its own example acknowledges that the order "limits travel and requires members of the community to stay at home." The exclusion was, in April 2020, confined to "an essential business that is not required to close its physical locations" claiming a suspension "for the sole reason" of the customers' order; the Notice extended it to every employer and to any "reduction in demand" on March 1, 2021, eleven months after the second quarter of 2020 closed. For this industry the Department of Agriculture itself attributed the collapse of demand to closures "some of which are government-mandated," naming "the closures of restaurants, bars, and gyms." The orders on the industry's customers were orders limiting commerce; the commerce they limited was this industry's; and the statute reaches them in terms.

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

Sentence 6: The employer's measures were voluntary

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

"Voluntary" is not in the statute; "due to" is, and it means but-for causation. Q&A-14 by its own terms reaches only a suspension "not due to a governmental order." A plant that slowed its line to six-foot spacing under Executive Order 13917's enforced guidance and Kentucky's whole-shift rule, a grower that removed the top bunks under Washington's rule, a farm labor contractor that halved its bus loads under Cal/OSHA's § 3205.4, a processor that tested every worker under Michigan's order, and a packer that converted its food-service lines to retail because every restaurant in the country was closed by order did what the law required or what the orders on its counterparties left it to do. Tri-State held that "the required protocols and procedures to comply with the Proclamation" were caused by the order, that the hospital's changes "were not voluntary," and that on the United States' contrary theory "there are not many businesses or any business that would be eligible under the ERC at all." Where an order compelled the change, or orders on counterparties limited the commerce the operation depended on, the change was due to the orders. A change the law required is not a choice, and a position that calls it one reads "due to" out of the statute.

The premise of Q&A-14 is the absence of a command, and the layers section shows that no employer in this industry met that description in any quarter. 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." The reopening orders let a farm or a plant operate only on conditions with the force of law: Washington's agricultural requirements and its "No employer may operate ... unless" clause, Texas's occupancy limits on the industry's public-facing operations and its GA-29 face-covering command, an airborne-transmission control laid on every commercial entity, under the Disaster Act's penalty, Arizona's "shall develop, establish and implement policies" clause, New York's Department of Health conditions on agriculture and manufacturing, and Executive Order 13917 for every meat and poultry plant. The standing statutes commanded the same conduct independently: Texas's "Each person shall act responsibly to prevent and control communicable disease" and its safe-workplace statute; Ohio's R.C. 3701.81(C) and 4101.11; Indiana's disease-control and workplace duties; and, in every State, the general duty clause, 29 U.S.C. § 654(a)(1), enforced by citation against this industry from September 2020. The legislatures of Texas, Arizona and Florida then fixed the standard of care as compliance with governmental standards, guidance and protocols, retroactively to the first days of the emergency. The safe-workplace statutes had no COVID-19 content until the health authorities said what a safe plant, field and labor camp required; the spaced line, the screened door and the tested crew 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" is a partial suspension due to the order. A statute or rule that commands conduct is an order from an appropriate governmental authority, whatever its date and whichever branch enacted it, and the Service's premise fails wherever a command reached the employer. In this industry one reached every employer in every quarter.

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

Sentence 7: The portion affected was not more than nominal

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

The ten percent figure is, in the United States' own words, "not determinative," "[e]ffectively ... a safe harbor," "not an eligibility requirement," a provision that "does not impose a threshold or place a limitation on receiving the credit," "a quintessential safe harbor," and "a safe harbor rather than a hard floor"; the District Court held it "subject to rebuttal" and "not an exclusionary cut-off point"; Tri-State held it "a method for the test to be met not as a requirement to meet the test." Congress placed its numerical thresholds in the gross-receipts prong alone. The figure itself first appeared in the Notice on March 1, 2021, eleven months after the second quarter of 2020 closed; the FAQs of April 29, 2020 carried no percentage and no word "nominal," and the June 19, 2020 revision added the word without the number. The Service's Chief Counsel memorandum, FAQ page and Forms 886-A nonetheless apply the figure as a definition of eligibility, and, as the appellant's opening brief in Stenson Tamaddon records from the administrative record, "the IRS has identified no instance where a claim was approved below the 10 percent cutoff." The United States cannot describe the figure as an optional safe harbor when the Notice is challenged and administer it as a floor when a claim is examined; it chose the first description in two federal courts, and The COVID Project holds the United States to it. This analysis treats the figure as the United States' safe harbor and nothing more. The showing for this industry exceeds it many times over as a matter of the orders' own terms: the food-service channel that closed in March 2020 took about half of the industry's output; a labor camp that lost its top bunks lost a large fraction of its capacity; a plant closed for fourteen days lost every hour of that fortnight; a plant re-engineered for six-foot spacing lost the throughput the spacing took; and "portion" is not "significant."

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

Sentence 8: The required modifications had only a nominal effect

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

The statute has no nominal-effect requirement; a partial suspension is "a temporary delay, interruption, or termination of a portion an employer's business," and Tri-State refused the United States' attempt "to conflate 'more than nominal' to suggest that it means 'significant.'" Q&A-18's categorical sentence that mask and glove requirements "will not result in more than a nominal effect" is a factual conclusion stated as a rule, with no record, and it contradicts Q&A-18's own first paragraph, which lists face-covering requirements among the modifications "required by a governmental order as a condition of reopening a physical space for business or service to the public," and Q&A-17, which treats "such a modification of operations" as "a partial suspension of business operations due to a governmental order." The United States has told the District Court the opposite of the Service's sentence:

employees having to wear face masks may impact business operations

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

Sentence 9: A declaration of emergency is not an order

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

A bare declaration of emergency that limits nothing is the predicate of the orders issued under it, not an order, and this analysis relies on none as such. It relies on the orders issued under the declarations: the stay-at-home proclamations, the closure orders, the housing rules, the testing orders, the face-covering orders, the entry proclamations, the border notifications, the conveyance order, the workplace standards and the county orders, each of which limited commerce, travel or group meetings in terms. Q&A-10 itself provides that a declaration "that limits commerce, travel, or group meetings" is a governmental order where it relates to the suspension of the employer's operation, and the declarations of Georgia (sixteen measures on every Critical Infrastructure employer), Texas (GA-08's closures), Hawaii (the supplementary proclamations' quarantine and closures) and every metro in the metro table carried operative limitations in the same instrument. Where a declaration is cited in this analysis, it is cited for the operative clause it carries or for the continuation of the orders that depend on it. A position that answers a proclamation carrying sixteen operative measures on every Critical Infrastructure employer, or a proclamation that quarantines every arriving traveler, by calling it a declaration describes instruments other than the ones this analysis cites.

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

Sentence 10: The supplier was not itself closed by order

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

Q&A-12 says an employer "may be considered to have a full or partial suspension of operations due to a governmental order if, under the facts and circumstances, the business's suppliers are unable to make deliveries of critical goods or materials due to a governmental order that causes the supplier to suspend its operations." The United States told the Ninth Circuit that the rule requires no closure order against the supplier:

never even mentions a 'physical[ ] clos[ure]' order against the supplier

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

Sentence 11: The orders had lifted before the quarter began

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

Two answers, each sufficient. First, the orders had not lifted: the quarters section lists, for each quarter, the instruments in force on its first and last day, and for the third quarter of 2021 most of them were issued or renewed inside the quarter. Second, where an order had expired, the suspension it caused continued because of it for the period its compelled dismantling took to reverse: "during the calendar quarter" modifies "suspended"; a suspension includes a "delay"; "due to" is but-for; Q&A-22 makes an employer suspended for part of a quarter eligible for the whole of it; and Q&A-16(4) treats the transition an order compels as itself a partial suspension "during that transition period." The orders' own phase steps fix the arithmetic: the food-service channel reached full capacity in the largest markets only between June 11 and July 1, 2021; the labor camps were never restored during the period; the recruitment cycle was run against consulates operating post by post; the line was still under Executive Order 13917 and a national emphasis program that named its industry. AM 2023-005's sentence on "residual delays" asks whether a lifted order "constitute[s] a governmental order in subsequent calendar quarters," which is not the statute's question, and AM 2023-005 "may not be used or cited as precedent." This analysis never says an expired order suspended anyone by its own force; it says the suspension the order caused continued because of it, and it lists the orders in force. A letter that describes the third quarter of 2021 as a quarter in which the orders had lifted describes, for this industry, a quarter that did not occur: the labor-housing rules, the Defense Production Act order, the national emphasis program, the conveyance order, the entry suspensions and the border notifications were in force on every day of it.

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

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

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

The gross-receipts prong is a separate route to eligibility that this analysis does not rely on. The two prongs are alternatives joined by "or"; Tri-State held that the gross-receipts prong shows "an employer may be economically affected without any partial or full suspension of trade or business operations due to a government order," which is "logical within the scope of the act" and does not narrow the suspension prong, and found "even Defendant's own argument is contradictory" on the point. An employer whose receipts held or rose because it sold into retail what it could no longer sell to closed restaurants, or whose receipts rose with the price of meat when the plants closed, was suspended in the statutory sense all the same: the statute asks about the operation, not the receipts, and Congress placed its receipts test in a different clause.

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

Sentence 13: The instruments relied on are guidance, not orders

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

This analysis relies on orders. Executive Order 13917 is a presidential order under a statute with penalties; OSHA's national emphasis program is a directive of the enforcing agency; the Cal/OSHA, Oregon OSHA, Washington, Virginia, MIOSHA and New Jersey instruments are regulations and executive orders with citation and penalty provisions; the Michigan testing order carried civil penalties and survived a motion for a temporary restraining order; North Carolina's Executive Order 147 made violation a Class 2 misdemeanor; Washington's Proclamation 20-57 made it a gross misdemeanor; the conveyance order carries criminal penalties; the proclamations, notifications and Title 42 orders are Federal Register instruments; the county orders carry fines, closure and misdemeanor sanctions; the HERO Act is a statute. The CDC-OSHA guidance of April 26, 2020 is guidance, and this analysis relies on it only as the standard Executive Order 13917 made the enforceable condition of every plant's continued operation; the Chief Counsel's own memorandum on OSHA guidance states that an employer "may be eligible" where "an executive order from a Governor" made workplace protocols mandatory. Q&A-10 provides that whether an instrument is a governmental order "is determined without regard to the level of enforcement," and the Court of Federal Claims has held that health-department guidance issued under compulsory authority "qualifies as an 'order.'" Where a recommendation is cited in this analysis (the Northern Virginia health directors' recommendation of August 3, 2021; the Hamilton County recommendation of July 30, 2021), it is cited as such and as the recited basis of the orders that followed it. An instrument that carries a fine, a misdemeanor or a closure sanction is an order under any dictionary, and a position that calls it a recommendation describes instruments other than the ones this analysis cites.

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

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

'Order' must be given its ordinary meaning.

Agreed. An order is "[a]n authoritative indication to be obeyed; a command or direction." Applied to the instruments listed in the quarters section and in the tables on this page, every one is an authoritative indication to be obeyed, issued by an authority with power over the commerce, travel or meetings it limited, and backed by a sanction: the President's direction under the Defense Production Act; the Governor of Washington's prohibition on operating "unless the employer complies"; the North Carolina Governor's "must wear"; the Michigan Department's testing requirement with civil penalties; the Cal/OSHA Standards Board's "shall"; the CDC's "must wear a mask"; the Department of Homeland Security's limitation of the land borders; the county health officers' "shall" with fines and closure. The ordinary meaning of "order" is the meaning this analysis applies, and it reaches every instrument on which the findings rest.

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: 349 records, of which The COVID Project holds the document for 335. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. DUT-FED-00129 U.S.C. 654 (OSH Act § 5, the general duty clause)Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)standingCongress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)/library/DUT-FED-001/exhibit/DUT-FED-001
Ex. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-002Notice of February 24, 2021President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)/library/FED-002/exhibit/FED-002
Ex. FED-006Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)Mar. 13, 2020President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)/library/FED-006/exhibit/FED-006
Ex. FED-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)/library/FED-007/exhibit/FED-007
Ex. FED-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-011Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)Alex M. Azar II, Secretary of HHSApr. 21, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)/library/FED-011/exhibit/FED-011
Ex. FED-012Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)Alex M. Azar II, Secretary of HHSJuly 23, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)/library/FED-012/exhibit/FED-012
Ex. FED-013Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)Alex M. Azar II, Secretary of HHSOct. 2, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)/library/FED-013/exhibit/FED-013
Ex. FED-014Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)Alex M. Azar II, Secretary of HHSJan. 7, 2021Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)/library/FED-014/exhibit/FED-014
Ex. FED-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)/library/FED-015/exhibit/FED-015
Ex. FED-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)/library/FED-016/exhibit/FED-016
Ex. FED-020CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)Jan. 29, 2021Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)/library/FED-020/exhibit/FED-020
Ex. FED-022CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)Sept. 1, 2020Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)/library/FED-022/exhibit/FED-022
Ex. FED-023CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)Centers for Disease Control and Prevention, HHSJan. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)/library/FED-023/exhibit/FED-023
Ex. FED-024CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)Centers for Disease Control and Prevention, HHSMar. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)/library/FED-024/exhibit/FED-024
Ex. FED-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)/library/FED-025/exhibit/FED-025
Ex. FED-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)/library/FED-026/exhibit/FED-026
Ex. FED-027CDC No Sail Order and Suspension of Further EmbarkationCenters for Disease Control and Prevention, HHS (CDC Director)Mar. 14, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)/library/FED-027/exhibit/FED-027
Ex. FED-028No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)Centers for Disease Control and Prevention, HHSApr. 9, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)/library/FED-028/exhibit/FED-028
Ex. FED-029No Sail Order; Second Modification and Extension (July 16, 2020)Centers for Disease Control and Prevention, HHSJuly 16, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)/library/FED-029/exhibit/FED-029
Ex. FED-030No Sail Order; Third Modification and Extension (Sept. 30, 2020)Centers for Disease Control and Prevention, HHSSept. 30, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)/library/FED-030/exhibit/FED-030
Ex. FED-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)/library/FED-031/exhibit/FED-031
Ex. FED-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)/library/FED-032/exhibit/FED-032
Ex. FED-034CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')Centers for Disease Control and Prevention, HHS (CDC Director)Mar. 20, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)/library/FED-034/exhibit/FED-034
Ex. FED-036Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)Centers for Disease Control and Prevention, HHSMay 19, 2020Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)/library/FED-036/exhibit/FED-036
Ex. FED-037CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)Centers for Disease Control and Prevention, HHSOct. 13, 2020Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)/library/FED-037/exhibit/FED-037
Ex. FED-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)/library/FED-038/exhibit/FED-038
Ex. FED-039Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…Centers for Disease Control and Prevention, HHSMar. 20, 2020Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)/library/FED-039/exhibit/FED-039
Ex. FED-040CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United KingdomCenters for Disease Control and Prevention, HHSDec. 25, 2020Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)/library/FED-040/exhibit/FED-040
Ex. FED-041CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…Centers for Disease Control and Prevention, HHSJan. 12, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)/library/FED-041/exhibit/FED-041
Ex. FED-042CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)Jan. 25, 2021Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)/library/FED-042/exhibit/FED-042
Ex. FED-048Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…Centers for Disease Control and Prevention, HHSSept. 11, 2020Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)/library/FED-048/exhibit/FED-048
Ex. FED-050TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)Jan. 31, 2021Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)/library/FED-050/exhibit/FED-050
Ex. FED-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)/library/FED-051/exhibit/FED-051
Ex. FED-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)/library/FED-052/exhibit/FED-052
Ex. FED-053TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)/library/FED-053/exhibit/FED-053
Ex. FED-054Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)Transportation Security Administration, DHSJan. 31, 2021Transportation 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-055Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)/library/FED-055/exhibit/FED-055
Ex. FED-056Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight BoardApr. 20, 2021Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)/library/FED-056/exhibit/FED-056
Ex. FED-057Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)Acting Secretary of Homeland Security David P. PekoskeJan. 27, 2021Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)/library/FED-057/exhibit/FED-057
Ex. FED-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-061Executive Order 13998President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)/library/FED-061/exhibit/FED-061
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)/library/FED-063/exhibit/FED-063
Ex. FED-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-066Executive Order 13945President Donald J. TrumpAug. 8, 2020President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)/library/FED-066/exhibit/FED-066
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-072Executive Order 13911President Donald J. TrumpMar. 27, 2020President Donald J. Trump, Executive Order 13911 (Mar. 27, 2020) (Ex. FED-072)/library/FED-072/exhibit/FED-072
Ex. FED-073Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)President Donald J. TrumpApr. 28, 2020President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)/library/FED-073/exhibit/FED-073
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)/library/FED-074/exhibit/FED-074
Ex. FED-075Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic UseFederal Emergency Management Agency, DHSApr. 7, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)/library/FED-075/exhibit/FED-075
Ex. FED-076Notification of Exemptions to the PPE allocation ruleFederal Emergency Management Agency, DHSApr. 17, 2020Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)/library/FED-076/exhibit/FED-076
Ex. FED-077Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)Federal Emergency Management Agency, DHSAug. 10, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)/library/FED-077/exhibit/FED-077
Ex. FED-078Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)Federal Emergency Management Agency, DHSDec. 31, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)/library/FED-078/exhibit/FED-078
Ex. FED-080Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)Occupational Safety and Health Administration, U.S. Department of LaborJune 21, 2021Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)/library/FED-080/exhibit/FED-080
Ex. FED-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)/library/FED-081/exhibit/FED-081
Ex. FED-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)/library/FED-082/exhibit/FED-082
Ex. FED-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)/library/FED-083/exhibit/FED-083
Ex. FED-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)/library/FED-084/exhibit/FED-084
Ex. FED-088Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)OSHA, U.S. Department of LaborMar. 9, 2020OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)/library/FED-088/exhibit/FED-088
Ex. FED-090CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…Centers for Medicare & Medicaid Services, HHSMar. 30, 2020Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)/library/FED-090/exhibit/FED-090
Ex. FED-091CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)Centers for Medicare & Medicaid Services, HHSMay 1, 2020Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)/library/FED-091/exhibit/FED-091
Ex. FED-092CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…Centers for Medicare & Medicaid Services, HHSSept. 2, 2020Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)/library/FED-092/exhibit/FED-092
Ex. FED-093CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)Nov. 2, 2020Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)/library/FED-093/exhibit/FED-093
Ex. FED-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)/library/FED-094/exhibit/FED-094
Ex. FED-096CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight GroupMar. 4, 2020CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)/library/FED-096/exhibit/FED-096
Ex. FED-097QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)CMS, Quality, Safety & Oversight GroupMar. 13, 2020CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)/library/FED-097/exhibit/FED-097
Ex. FED-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)/library/FED-098/exhibit/FED-098
Ex. FED-099CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 23, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)/library/FED-099/exhibit/FED-099
Ex. FED-100FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 29, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)/library/FED-100/exhibit/FED-100
Ex. FED-150FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Apr. 11, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)/library/FED-150/exhibit/FED-150
Ex. FED-154QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)CMS, Quality, Safety & Oversight GroupSept. 17, 2020CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)/library/FED-154/exhibit/FED-154
Ex. FED-155QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19CMS, Quality, Safety & Oversight GroupMar. 10, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)/library/FED-155/exhibit/FED-155
Ex. FED-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)/library/FED-156/exhibit/FED-156
Ex. FED-157QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)CMS, Quality, Safety & Oversight GroupMay 18, 2020CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)/library/FED-157/exhibit/FED-157
Ex. FED-158CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…Centers for Medicare & Medicaid Services, HHSApr. 7, 2020Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)/library/FED-158/exhibit/FED-158
Ex. FED-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)/library/FED-160/exhibit/FED-160
Ex. FED-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)/library/FED-161/exhibit/FED-161
Ex. FED-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)/library/FED-163/exhibit/FED-163
Ex. FED-164CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 4, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)/library/FED-164/exhibit/FED-164
Ex. FED-165CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupJune 1, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)/library/FED-165/exhibit/FED-165
Ex. FED-166CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupAug. 17, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)/library/FED-166/exhibit/FED-166
Ex. FED-168CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…CMS, Quality, Safety & Oversight GroupAug. 26, 2020CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)/library/FED-168/exhibit/FED-168
Ex. FED-170Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…Congress (Pub. L. 116-127); approved by the PresidentMar. 18, 2020Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)/library/FED-170/exhibit/FED-170
Ex. FED-171Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826Wage and Hour Division, U.S. Department of LaborApr. 1, 2020Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)/library/FED-171/exhibit/FED-171
Ex. FED-172Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)Wage and Hour Division, U.S. Department of LaborSept. 11, 2020Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)/library/FED-172/exhibit/FED-172
Ex. FED-173Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…Congress (Pub. L. 116-260)Dec. 27, 2020Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)/library/FED-173/exhibit/FED-173
Ex. FED-174American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…Congress (Pub. L. 117-2); approved by the PresidentMar. 11, 2021Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)/library/FED-174/exhibit/FED-174
Ex. FED-180Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)Secretary of Health and Human ServicesMar. 10, 2020Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)/library/FED-180/exhibit/FED-180
Ex. FED-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)/library/FED-182/exhibit/FED-182
Ex. FED-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)/library/FED-183/exhibit/FED-183
Ex. FED-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)/library/FED-184/exhibit/FED-184
Ex. FED-185Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)Dec. 11, 2020Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)/library/FED-185/exhibit/FED-185
Ex. FED-186Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)Food and Drug Administration, HHSDec. 18, 2020Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)/library/FED-186/exhibit/FED-186
Ex. FED-187Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)Food and Drug Administration, HHSFeb. 27, 2021Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)/library/FED-187/exhibit/FED-187
Ex. FED-190The President's Coronavirus Guidelines for America: 15 Days to Slow the SpreadThe President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)/library/FED-190/exhibit/FED-190
Ex. FED-19130 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)The President and the White House Coronavirus Task ForceMar. 31, 2020The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)/library/FED-191/exhibit/FED-191
Ex. FED-192Guidelines for Opening Up America Again (Apr. 16, 2020)The President and the White House Coronavirus Task ForceApr. 16, 2020The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)/library/FED-192/exhibit/FED-192
Ex. FED-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)/library/FED-194/exhibit/FED-194
Ex. FED-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-202Proclamation 9993President Donald J. TrumpMar. 11, 2020President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)/library/FED-202/exhibit/FED-202
Ex. FED-203Proclamation 9996President Donald J. TrumpMar. 14, 2020President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)/library/FED-203/exhibit/FED-203
Ex. FED-204Proclamation 10041President Donald J. TrumpMay 24, 2020President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)/library/FED-204/exhibit/FED-204
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-210Proclamation 10014President Donald J. TrumpApr. 22, 2020President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)/library/FED-210/exhibit/FED-210
Ex. FED-211Proclamation 10052President Donald J. TrumpJune 22, 2020President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)/library/FED-211/exhibit/FED-211
Ex. FED-212Proclamation 10054President Donald J. TrumpJune 29, 2020President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)/library/FED-212/exhibit/FED-212
Ex. FED-213Proclamation 10131President Donald J. TrumpDec. 31, 2020President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)/library/FED-213/exhibit/FED-213
Ex. FED-214Proclamation 10149President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)/library/FED-214/exhibit/FED-214
Ex. FED-216Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border ProtectionMar. 24, 2020U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)/library/FED-216/exhibit/FED-216
Ex. FED-217Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)/library/FED-217/exhibit/FED-217
Ex. FED-219Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)/library/FED-219/exhibit/FED-219
Ex. FED-222Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)/library/FED-222/exhibit/FED-222
Ex. FED-225Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)/library/FED-225/exhibit/FED-225
Ex. FED-226Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)/library/FED-226/exhibit/FED-226
Ex. FED-229Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)/library/FED-229/exhibit/FED-229
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)/library/FED-232/exhibit/FED-232
Ex. FED-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)/library/FED-235/exhibit/FED-235
Ex. FED-239Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…DHS (Acting Secretary Chad F. Wolf), with CBPMar. 24, 2020DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)/library/FED-239/exhibit/FED-239
Ex. FED-240Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)/library/FED-240/exhibit/FED-240
Ex. FED-242Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)/library/FED-242/exhibit/FED-242
Ex. FED-245Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)/library/FED-245/exhibit/FED-245
Ex. FED-248Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)/library/FED-248/exhibit/FED-248
Ex. FED-249Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)/library/FED-249/exhibit/FED-249
Ex. FED-252Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)/library/FED-252/exhibit/FED-252
Ex. FED-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)/library/FED-255/exhibit/FED-255
Ex. FED-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)/library/FED-258/exhibit/FED-258
Ex. FED-264OMB Memorandum M-20-16Office of Management and Budget (Acting Director Russell T. Vought)Mar. 17, 2020Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)/library/FED-264/exhibit/FED-264
Ex. FED-266OMB Memorandum M-20-18Office of Management and Budget (Deputy Director for Management)Mar. 20, 2020Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)/library/FED-266/exhibit/FED-266
Ex. FED-268OMB/OPM Memorandum M-20-23Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)Apr. 20, 2020Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)/library/FED-268/exhibit/FED-268
Ex. FED-270Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task ForceJan. 24, 2021Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)/library/FED-270/exhibit/FED-270
Ex. FED-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)/library/FED-271/exhibit/FED-271
Ex. FED-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)/library/FED-272/exhibit/FED-272
Ex. FED-274Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Safer Federal Workforce Task Force; approved by the Director of OMBSept. 24, 2021Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)/library/FED-274/exhibit/FED-274
Ex. FED-275Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)Office of Management and Budget (Acting Director Shalanda D. Young)Sept. 24, 2021Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)/library/FED-275/exhibit/FED-275
Ex. FED-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)/library/FED-278/exhibit/FED-278
Ex. FED-279Order of March 16, 2020 (COVID-19 building access)United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)Mar. 16, 2020United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)/library/FED-279/exhibit/FED-279
Ex. FED-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)/library/FED-280/exhibit/FED-280
Ex. FED-281Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019Deputy Secretary of Defense David L. NorquistMar. 13, 2020Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)/library/FED-281/exhibit/FED-281
Ex. FED-282Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel RestrictionsSecretary of Defense Mark T. EsperApr. 20, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)/library/FED-282/exhibit/FED-282
Ex. FED-283Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…Secretary of Defense Mark T. EsperMay 22, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)/library/FED-283/exhibit/FED-283
Ex. FED-284Order of the Chief Judge No. 20-042Chief Judge Virginia A. PhillipsMar. 19, 2020Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)/library/FED-284/exhibit/FED-284
Ex. FED-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)/library/FED-285/exhibit/FED-285
Ex. FED-286General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)/library/FED-286/exhibit/FED-286
Ex. FED-288General Order 2020-8Chief Judge Philip A. BrimmerMay 6, 2020Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)/library/FED-288/exhibit/FED-288
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)/library/FED-290
Ex. FED-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)/library/FED-292/exhibit/FED-292
Ex. FED-295Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020Mar. 29, 2020Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)/library/FED-295/exhibit/FED-295
Ex. FED-296Tenth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerFeb. 12, 2021Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)/library/FED-296/exhibit/FED-296
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)/library/FED-297/exhibit/FED-297
Ex. FED-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)/library/FED-298/exhibit/FED-298
Ex. FED-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)/library/FED-299/exhibit/FED-299
Ex. FED-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)/library/FED-300/exhibit/FED-300
Ex. FED-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-303Standing Order 20-17Chief Judge Freda L. WolfsonNov. 25, 2020Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)/library/FED-303/exhibit/FED-303
Ex. FED-304Third Extension of Standing Order 20-12Chief Judge Freda L. WolfsonDec. 17, 2020Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)/library/FED-304/exhibit/FED-304
Ex. FED-305Standing Order 21-02Chief Judge Freda L. WolfsonMar. 17, 2021Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)/library/FED-305/exhibit/FED-305
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-310Second Amended Standing Order 2020-02Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)/library/FED-310/exhibit/FED-310
Ex. FED-312Standing Order 2020-05Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)/library/FED-312/exhibit/FED-312
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-316Fourth Amendment to General Order 20-01Chief Judge Thomas W. Thrash, Jr.July 31, 2020Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)/library/FED-316/exhibit/FED-316
Ex. FED-317General Order 72Chief Judge Phyllis J. HamiltonMar. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)/library/FED-317/exhibit/FED-317
Ex. FED-319Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…U.S. Department of State, Bureau of Consular AffairsMar. 26, 2020U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)/library/FED-319
Ex. FED-320Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)U.S. Department of Homeland Security, U.S. Citizenship and Immigration ServicesApr. 20, 2020U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)/library/FED-320/exhibit/FED-320
Ex. FED-321Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)U.S. Department of Homeland Security, USCISMay 14, 2020U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)/library/FED-321/exhibit/FED-321
Ex. FED-322Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…DHS, USCISAug. 20, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)/library/FED-322/exhibit/FED-322
Ex. FED-323Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…DHS, USCISDec. 18, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)/library/FED-323/exhibit/FED-323
Ex. FED-324USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020U.S. Citizenship and Immigration ServicesMar. 17, 2020U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)/library/FED-324/exhibit/FED-324
Ex. FED-325USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4U.S. Citizenship and Immigration ServicesMay 27, 2020U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)/library/FED-325/exhibit/FED-325
Ex. FED-327Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)U.S. Department of State, Bureau of Consular AffairsMar. 20, 2020U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)/library/FED-327/exhibit/FED-327
Ex. FED-328Phased Resumption of Routine Visa Services (announcement of July 14, 2020)U.S. Department of State, Bureau of Consular AffairsJuly 14, 2020U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)/library/FED-328/exhibit/FED-328
Ex. FED-331General Order 72-4Chief Judge Phyllis J. HamiltonJune 24, 2020Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)/library/FED-331/exhibit/FED-331
Ex. FED-333General Order 72-6Chief Judge Phyllis J. HamiltonSept. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)/library/FED-333/exhibit/FED-333
Ex. FED-334General Order 73 (Amended May 21, 2020)Chief Judge Phyllis J. HamiltonMay 21, 2020Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)/library/FED-334/exhibit/FED-334
Ex. FED-336General Order 77Chief Judge Phyllis J. HamiltonJune 9, 2020Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)/library/FED-336/exhibit/FED-336
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-338General Order 20-0012 (original)Chief Judge Rebecca R. PallmeyerMar. 12, 2020Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)/library/FED-338/exhibit/FED-338
Ex. FED-339Eighth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerNov. 13, 2020Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)/library/FED-339/exhibit/FED-339
Ex. FED-340CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…Congress (Pub. L. 116-136, signed Mar. 27, 2020)Mar. 27, 2020Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)/library/FED-340/exhibit/FED-340
Ex. FED-342Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank SupervisorsApr. 7, 2020Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)/library/FED-342/exhibit/FED-342
Ex. FED-343Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…Bureau of Consumer Financial ProtectionJune 30, 2020Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)/library/FED-343/exhibit/FED-343
Ex. FED-344Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…Bureau of Consumer Financial ProtectionJune 25, 2021Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)/library/FED-344/exhibit/FED-344
Ex. FED-345Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)President Donald J. Trump (Memorandum for the Secretary of Education)Aug. 8, 2020President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)/library/FED-345/exhibit/FED-345
Ex. FED-346FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed MortgagesFederal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie MacMar. 18, 2020Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)/library/FED-346/exhibit/FED-346
Ex. FED-348FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)Federal Housing Finance AgencyJune 17, 2020Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)/library/FED-348/exhibit/FED-348
Ex. FED-349FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)Federal Housing Finance AgencyAug. 27, 2020Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)/library/FED-349/exhibit/FED-349
Ex. FED-350FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)Federal Housing Finance AgencyDec. 2, 2020Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)/library/FED-350/exhibit/FED-350
Ex. FED-353FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…Federal Housing Finance AgencyFeb. 25, 2021Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)/library/FED-353/exhibit/FED-353
Ex. FED-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)/library/FED-354/exhibit/FED-354
Ex. FED-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)/library/FED-355/exhibit/FED-355
Ex. FED-356Mortgagee Letter 2020-04U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)Mar. 18, 2020U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)/library/FED-356/exhibit/FED-356
Ex. FED-359Mortgagee Letter 2020-19HUD, Federal Housing AdministrationJune 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)/library/FED-359
Ex. FED-360Mortgagee Letter 2020-27HUD, Federal Housing AdministrationAug. 27, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)/library/FED-360/exhibit/FED-360
Ex. FED-361Mortgagee Letter 2020-43HUD, Federal Housing AdministrationDec. 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)/library/FED-361/exhibit/FED-361
Ex. FED-362Mortgagee Letter 2021-03HUD, Federal Housing AdministrationJan. 21, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)/library/FED-362/exhibit/FED-362
Ex. FED-363Mortgagee Letter 2021-05HUD, Federal Housing AdministrationFeb. 16, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)/library/FED-363/exhibit/FED-363
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-368Circular 26-20-8VA, Loan Guaranty ServiceMar. 18, 2020VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)/library/FED-368/exhibit/FED-368
Ex. FED-369Circular 26-20-12VA, Loan Guaranty ServiceApr. 8, 2020VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)/library/FED-369/exhibit/FED-369
Ex. FED-371Circular 26-20-22VA, Loan Guaranty ServiceJune 17, 2020VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)/library/FED-371/exhibit/FED-371
Ex. FED-372Circular 26-20-23VA, Loan Guaranty ServiceJune 18, 2020VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)/library/FED-372/exhibit/FED-372
Ex. FED-373Circular 26-20-29VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)/library/FED-373/exhibit/FED-373
Ex. FED-374Circular 26-20-30VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)/library/FED-374/exhibit/FED-374
Ex. FED-375Circular 26-20-40VA, Loan Guaranty ServiceDec. 28, 2020VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)/library/FED-375/exhibit/FED-375
Ex. FED-376Circular 26-21-2VA, Loan Guaranty ServiceJan. 29, 2021VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)/library/FED-376/exhibit/FED-376
Ex. FED-377Circular 26-21-5VA, Loan Guaranty ServiceFeb. 16, 2021VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)/library/FED-377
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-382USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…USDA Rural DevelopmentDec. 28, 2020USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)/library/FED-382
Ex. FED-384USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…USDA Rural Development (with the White House announcement of June 24, 2021)June 24, 2021USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)/library/FED-384
Ex. FED-385USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)July 30, 2021USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)/library/FED-385/exhibit/FED-385
Ex. FED-386Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…Secretary of the Interior David L. BernhardtMar. 22, 2020Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)/library/FED-386/exhibit/FED-386
Ex. FED-387NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…Secretary of the Interior David L. Bernhardt; National Park ServiceMar. 18, 2020Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)/library/FED-387/exhibit/FED-387
Ex. FED-389BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in OregonBureau of Land Management, Oregon/Washington State Office and District ManagersMar. 27, 2020Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)/library/FED-389/exhibit/FED-389
Ex. FED-390Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitorsBureau of ReclamationMar. 17, 2020Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)/library/FED-390/exhibit/FED-390
Ex. FED-391USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment OnlyU.S. Department of Agriculture, Farm Production and Conservation mission areaMar. 23, 2020U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)/library/FED-391
Ex. FED-393USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…U.S. Army Corps of Engineers Headquarters and district commandersMar. 17, 2020U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)/library/FED-393
Ex. FED-396The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…The President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)/library/FED-396/exhibit/FED-396
Ex. FED-398H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)May 15, 2020U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)/library/FED-398/exhibit/FED-398
Ex. LA-036Proclamation 137 JBE 2021Governor John Bel EdwardsAug. 2, 2021Governor John Bel Edwards, Proclamation 137 JBE 2021 (Aug. 2, 2021) (Ex. LA-036)/library/LA-036/exhibit/LA-036
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)/library/LAW-001/exhibit/LAW-001
Ex. LAW-002Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…United States CongressDec. 27, 2020United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)/library/LAW-002/exhibit/LAW-002
Ex. LAW-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)/library/LAW-003/exhibit/LAW-003
Ex. LAW-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)/library/LAW-004/exhibit/LAW-004
Ex. SEC-10-014National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-01 (CPL-03)OSHA, U.S. Department of LaborMar. 12, 2021OSHA, U.S. Department of Labor, National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-01 (CPL-03) (Mar. 12, 2021) (Ex. SEC-10-014)/library/SEC-10-014/exhibit/SEC-10-014
Ex. SEC-10-015Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-03 (CPL 03)OSHA, U.S. Department of LaborJuly 7, 2021OSHA, U.S. Department of Labor, Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19), DIR 2021-03 (CPL 03) (July 7, 2021) (Ex. SEC-10-015)/library/SEC-10-015/exhibit/SEC-10-015
Ex. SEC-10-029S.1034-B (HERO Act), enacted May 5, 2021 as L. 2021, ch. 105; amended by ch. 145 (June 11, 2021)New York State Legislature; Governor (L. 2021, ch. 105)May 5, 2021New York State Legislature; Governor (L. 2021, ch. 105), S.1034-B (HERO Act), enacted May 5, 2021 as L. 2021, ch. 105; amended by ch. 145 (June 11, 2021) (Ex. SEC-10-029)/library/SEC-10-029/exhibit/SEC-10-029
Ex. SEC-10-031Designation of COVID-19 as a highly contagious communicable disease under the HERO Act (Sept. 6, 2021), as reported on the DOL HERO Act page (Sept. 8, 2021…New York State Department of Labor (reporting the Commissioner of Health's designation)Sept. 6, 2021New York State Department of Labor (reporting the Commissioner of Health's designation), Designation of COVID-19 as a highly contagious communicable disease under the HERO Act (Sept. 6, 2021), as reported on the DOL HERO Act page (Sept. 8, 2021 snapshot) (Ex. SEC-10-031)/library/SEC-10-031/exhibit/SEC-10-031
Ex. SEC-10-036Executive Order 2021-20 (COVID-19 Executive Order No. 87)Governor J.B. PritzkerAug. 26, 2021Governor J.B. Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. SEC-10-036)/library/SEC-10-036/exhibit/SEC-10-036
Ex. SEC-10-041COVID-19 Prevention Emergency Temporary Standards, 8 CCR §§ 3205, 3205.1, 3205.2, 3205.3, 3205.4, readoption approved text (June 17, 2021)Occupational Safety and Health Standards Board; Cal/OSHAJune 17, 2021Occupational Safety and Health Standards Board; Cal/OSHA, COVID-19 Prevention Emergency Temporary Standards, 8 CCR §§ 3205, 3205.1, 3205.2, 3205.3, 3205.4, readoption approved text (June 17, 2021) (Ex. SEC-10-041)/library/SEC-10-041/exhibit/SEC-10-041
Ex. SEC-10-04216VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19Virginia Safety and Health Codes Board; Department of Labor and IndustryJuly 27, 2020Virginia Safety and Health Codes Board; Department of Labor and Industry, 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 27, 2020) (Ex. SEC-10-042)/library/SEC-10-042/exhibit/SEC-10-042
Ex. SEC-10-04316VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (chapter text as of Sept. 28, 2021, with…Virginia Safety and Health Codes BoardJan. 27, 2021Virginia Safety and Health Codes Board, 16VAC25-220, Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19 (chapter text as of Sept. 28, 2021, with derivation and amendment history) (Jan. 27, 2021) (Ex. SEC-10-043)/library/SEC-10-043/exhibit/SEC-10-043
Ex. SEC-10-054Administrative Order 3-2020, Temporary Rule Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces, OAR 437-001-0744Oregon OSHA, Department of Consumer and Business ServicesNov. 6, 2020Oregon OSHA, Department of Consumer and Business Services, Administrative Order 3-2020, Temporary Rule Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces, OAR 437-001-0744 (Nov. 6, 2020) (Ex. SEC-10-054)/library/SEC-10-054/exhibit/SEC-10-054
Ex. SEC-10-055Administrative Order 2-2021, Rule Addressing COVID-19 Workplace Risks (permanent), OAR 437-001-0744Oregon OSHAMay 4, 2021Oregon OSHA, Administrative Order 2-2021, Rule Addressing COVID-19 Workplace Risks (permanent), OAR 437-001-0744 (May 4, 2021) (Ex. SEC-10-055)/library/SEC-10-055/exhibit/SEC-10-055
Ex. SEC-10-056Administrative Order 10-2021, Renewed Masking Requirements in Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces (amending OAR…Oregon OSHAAug. 13, 2021Oregon OSHA, Administrative Order 10-2021, Renewed Masking Requirements in Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces (amending OAR 437-001-0744) (Aug. 13, 2021) (Ex. SEC-10-056)/library/SEC-10-056/exhibit/SEC-10-056
Ex. SEC-20-001Executive Order 13917President Donald J. TrumpApr. 28, 2020President Donald J. Trump, Executive Order 13917 (Apr. 28, 2020) (Ex. SEC-20-001)/library/SEC-20-001/exhibit/SEC-20-001
Ex. SEC-20-002Interim Guidance: Meat and Poultry Processing Workers and EmployersCDC and OSHA (joint interim guidance)Apr. 26, 2020CDC and OSHA (joint interim guidance), Interim Guidance: Meat and Poultry Processing Workers and Employers (Apr. 26, 2020) (Ex. SEC-20-002)/library/SEC-20-002/exhibit/SEC-20-002
Ex. SEC-20-005Temporary Final Rule, 85 Fed. Reg. 21739 (CIS No. 2667-20; DHS Docket USCIS-2020-0008)Department of Homeland Security, U.S. Citizenship and Immigration ServicesApr. 20, 2020Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Final Rule, 85 Fed. Reg. 21739 (CIS No. 2667-20; DHS Docket USCIS-2020-0008) (Apr. 20, 2020) (Ex. SEC-20-005)/library/SEC-20-005/exhibit/SEC-20-005
Ex. SEC-20-006Temporary Final Rule, 85 Fed. Reg. 51304DHS, USCISAug. 20, 2020DHS, USCIS, Temporary Final Rule, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. SEC-20-006)/library/SEC-20-006/exhibit/SEC-20-006
Ex. SEC-20-007Temporary Final Rule, 85 Fed. Reg. 82291DHS, USCISDec. 18, 2020DHS, USCIS, Temporary Final Rule, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. SEC-20-007)/library/SEC-20-007/exhibit/SEC-20-007
Ex. SEC-20-008Temporary Final Rule, 85 Fed. Reg. 28843DHS, USCISMay 14, 2020DHS, USCIS, Temporary Final Rule, 85 Fed. Reg. 28843 (May 14, 2020) (Ex. SEC-20-008)/library/SEC-20-008/exhibit/SEC-20-008
Ex. SEC-20-009Proclamation 10014, 85 Fed. Reg. 23441PresidentApr. 22, 2020President, Proclamation 10014, 85 Fed. Reg. 23441 (Apr. 22, 2020) (Ex. SEC-20-009)/library/SEC-20-009/exhibit/SEC-20-009
Ex. SEC-20-010Proclamation 10052, 85 Fed. Reg. 38263PresidentJune 22, 2020President, Proclamation 10052, 85 Fed. Reg. 38263 (June 22, 2020) (Ex. SEC-20-010)/library/SEC-20-010/exhibit/SEC-20-010
Ex. SEC-20-011Proclamation 10131, 86 Fed. Reg. 417PresidentDec. 31, 2020President, Proclamation 10131, 86 Fed. Reg. 417 (Dec. 31, 2020) (Ex. SEC-20-011)/library/SEC-20-011/exhibit/SEC-20-011
Ex. SEC-20-012Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020)Department of State, Bureau of Consular AffairsMar. 20, 2020Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, effective Mar. 20, 2020) (Ex. SEC-20-012)/library/SEC-20-012/exhibit/SEC-20-012
Ex. SEC-20-013Important Announcement on H2 VisasDepartment of State, Bureau of Consular AffairsMar. 26, 2020Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020) (Ex. SEC-20-013)/library/SEC-20-013/exhibit/SEC-20-013
Ex. SEC-20-014Final Rule, 85 Fed. Reg. 30825 (Docket FSA-2020-0004)USDA, Office of the Secretary; Farm Service Agency; Agricultural Marketing ServiceMay 21, 2020USDA, Office of the Secretary; Farm Service Agency; Agricultural Marketing Service, Final Rule, 85 Fed. Reg. 30825 (Docket FSA-2020-0004) (May 21, 2020) (Ex. SEC-20-014)/library/SEC-20-014/exhibit/SEC-20-014
Ex. SEC-20-015Final Rule, 85 Fed. Reg. 59380USDASept. 22, 2020USDA, Final Rule, 85 Fed. Reg. 59380 (Sept. 22, 2020) (Ex. SEC-20-015)/library/SEC-20-015/exhibit/SEC-20-015
Ex. SEC-20-016Final Rule, 86 Fed. Reg. 4877USDAJan. 19, 2021USDA, Final Rule, 86 Fed. Reg. 4877 (Jan. 19, 2021) (Ex. SEC-20-016)/library/SEC-20-016/exhibit/SEC-20-016
Ex. SEC-20-017Final Rule, 86 Fed. Reg. 48013USDAAug. 27, 2021USDA, Final Rule, 86 Fed. Reg. 48013 (Aug. 27, 2021) (Ex. SEC-20-017)/library/SEC-20-017/exhibit/SEC-20-017
Ex. SEC-20-018MMWR: COVID-19 Among Workers in Meat and Poultry Processing Facilities, 19 States, April 2020CDC (MMWR 69(18):557-561, Dyal et al.)May 8, 2020CDC (MMWR 69(18):557-561, Dyal et al.), MMWR: COVID-19 Among Workers in Meat and Poultry Processing Facilities, 19 States, April 2020 (May 8, 2020) (Ex. SEC-20-018)/library/SEC-20-018/exhibit/SEC-20-018
Ex. SEC-20-019MMWR: Update: COVID-19 Among Workers in Meat and Poultry Processing Facilities, United States, April-May 2020CDC (MMWR 69(27):887-892, Waltenburg et al.)July 10, 2020CDC (MMWR 69(27):887-892, Waltenburg et al.), MMWR: Update: COVID-19 Among Workers in Meat and Poultry Processing Facilities, United States, April-May 2020 (July 10, 2020) (Ex. SEC-20-019)/library/SEC-20-019
Ex. SEC-20-020Memorandum: Strategies to reduce COVID-19 transmission at the Smithfield Foods Sioux Falls Pork PlantCDC (NIOSH and NCEZID) memorandum to Joshua Clayton, South Dakota Department of HealthApr. 22, 2020CDC (NIOSH and NCEZID) memorandum to Joshua Clayton, South Dakota Department of Health, Memorandum: Strategies to reduce COVID-19 transmission at the Smithfield Foods Sioux Falls Pork Plant (Apr. 22, 2020) (Ex. SEC-20-020)/library/SEC-20-020/exhibit/SEC-20-020
Ex. SEC-20-021News release: U.S. Department of Labor Cites Smithfield Packaged Meats Corp. for Failing to Protect Employees from Coronavirus (Sept. 10, 2020; $13,494)OSHA Region 7Sept. 10, 2020OSHA Region 7, News release: U.S. Department of Labor Cites Smithfield Packaged Meats Corp. for Failing to Protect Employees from Coronavirus (Sept. 10, 2020; $13,494) (Ex. SEC-20-021)/library/SEC-20-021
Ex. SEC-20-022News release: U.S. Department of Labor Cites JBS Foods Inc. for Failing To Protect Employees from Exposure to the CoronavirusOSHA Region 8 (U.S. Department of Labor news release)Sept. 11, 2020OSHA Region 8 (U.S. Department of Labor news release), News release: U.S. Department of Labor Cites JBS Foods Inc. for Failing To Protect Employees from Exposure to the Coronavirus (Sept. 11, 2020) (Ex. SEC-20-022)/library/SEC-20-022/exhibit/SEC-20-022
Ex. SEC-20-025USDA Service Centers Open for Business by Phone Appointment Only (Mar. 23, 2020)USDA Farm Production and ConservationMar. 23, 2020USDA Farm Production and Conservation, USDA Service Centers Open for Business by Phone Appointment Only (Mar. 23, 2020) (Ex. SEC-20-025)/library/SEC-20-025
Ex. SEC-20-026Interim Guidance for Agricultural Workers and Employers (June 12, 2020)CDC and DOLJune 12, 2020CDC and DOL, Interim Guidance for Agricultural Workers and Employers (June 12, 2020) (Ex. SEC-20-026)/library/SEC-20-026
Ex. SEC-20-027Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85 Fed. Reg. 21739)U.S. Embassy and Consulates in MexicoMar. 18, 2020U.S. Embassy and Consulates in Mexico, Status of U.S. Consular Operations in Mexico in Light of COVID-19 (web page cited in 85 Fed. Reg. 21739) (Mar. 18, 2020) (Ex. SEC-20-027)/library/SEC-20-027
Ex. SEC-20-028Interim Guidance: Meat and Poultry Processing Workers and Employers (updated July 9, 2020)CDC and OSHAJuly 9, 2020CDC and OSHA, Interim Guidance: Meat and Poultry Processing Workers and Employers (updated July 9, 2020) (Ex. SEC-20-028)/library/SEC-20-028/exhibit/SEC-20-028
Ex. SEC-20-031Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3)Governor Jay InsleeMay 28, 2020Governor Jay Inslee, Proclamation 20-57 (amending 20-05, 20-25, 20-25.1, 20-25.2, 20-25.3) (May 28, 2020) (Ex. SEC-20-031)/library/SEC-20-031/exhibit/SEC-20-031
Ex. SEC-20-032Emergency rule WSR 20-11-025, new WAC 296-307-16102Department of Labor and Industries (with Department of Health)May 13, 2020Department of Labor and Industries (with Department of Health), Emergency rule WSR 20-11-025, new WAC 296-307-16102 (May 13, 2020) (Ex. SEC-20-032)/library/SEC-20-032/exhibit/SEC-20-032
Ex. SEC-20-033Emergency rule WSR 20-11-024, chapter 246-358 WACDepartment of Health (with Department of Labor and Industries)May 13, 2020Department of Health (with Department of Labor and Industries), Emergency rule WSR 20-11-024, chapter 246-358 WAC (May 13, 2020) (Ex. SEC-20-033)/library/SEC-20-033/exhibit/SEC-20-033
Ex. SEC-20-034Emergency rule WSR 21-03-012, chapter 246-358 WACDepartment of Health (with Department of Labor and Industries)Jan. 8, 2021Department of Health (with Department of Labor and Industries), Emergency rule WSR 21-03-012, chapter 246-358 WAC (Jan. 8, 2021) (Ex. SEC-20-034)/library/SEC-20-034/exhibit/SEC-20-034
Ex. SEC-20-036Administrative Order 2-2020; OAR 437-001-0749Oregon OSHA, Department of Consumer and Business ServicesApr. 28, 2020Oregon OSHA, Department of Consumer and Business Services, Administrative Order 2-2020; OAR 437-001-0749 (Apr. 28, 2020) (Ex. SEC-20-036)/library/SEC-20-036/exhibit/SEC-20-036
Ex. SEC-20-040Executive Order N-51-20Governor Gavin NewsomApr. 16, 2020Governor Gavin Newsom, Executive Order N-51-20 (Apr. 16, 2020) (Ex. SEC-20-040)/library/SEC-20-040/exhibit/SEC-20-040
Ex. SEC-20-042MDHHS release of Aug. 17, 2020 describing the Emergency Order of Aug. 3, 2020 (Testing of Agricultural and Food Processing Employees)Michigan Department of Health and Human Services (Director Robert Gordon)Aug. 17, 2020Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS release of Aug. 17, 2020 describing the Emergency Order of Aug. 3, 2020 (Testing of Agricultural and Food Processing Employees) (Ex. SEC-20-042)/library/SEC-20-042/exhibit/SEC-20-042
Ex. SEC-20-043Executive Order 2020-145Governor Gretchen WhitmerJuly 9, 2020Governor Gretchen Whitmer, Executive Order 2020-145 (July 9, 2020) (Ex. SEC-20-043)/library/SEC-20-043/exhibit/SEC-20-043
Ex. SEC-20-044Executive Order No. 147Governor Roy CooperJune 24, 2020Governor Roy Cooper, Executive Order No. 147 (June 24, 2020) (Ex. SEC-20-044)/library/SEC-20-044/exhibit/SEC-20-044
Ex. SEC-20-045Executive Order 2020-114Governor Gretchen WhitmerJune 5, 2020Governor Gretchen Whitmer, Executive Order 2020-114 (June 5, 2020) (Ex. SEC-20-045)/library/SEC-20-045/exhibit/SEC-20-045
Ex. SEC-20-047COVID-19 Health Mandate 017Governor Mike Dunleavy; Commissioner Adam Crum (DHSS); Dr. Anne Zink (Chief Medical Officer)Apr. 23, 2020Governor Mike Dunleavy; Commissioner Adam Crum (DHSS); Dr. Anne Zink (Chief Medical Officer), COVID-19 Health Mandate 017 (Apr. 23, 2020) (Ex. SEC-20-047)/library/SEC-20-047/exhibit/SEC-20-047
Ex. SEC-20-048COVID-19 Health Mandate 010 (Mar. 23, 2020): International and Interstate Travel - Order for Self-Quarantine; Attachment A: Alaska Essential Services and…Governor Dunleavy; DHSSMar. 23, 2020Governor Dunleavy; DHSS, COVID-19 Health Mandate 010 (Mar. 23, 2020): International and Interstate Travel - Order for Self-Quarantine; Attachment A: Alaska Essential Services and Critical Workforce Infrastructure Order (protective plans) (Ex. SEC-20-048)/library/SEC-20-048
Ex. SEC-20-GM-001News: 2021 World Ag Expo Cancelled due to COVID-19International Agri-Center, Inc.Sept. 14, 2020International Agri-Center, Inc, News: 2021 World Ag Expo Cancelled due to COVID-19 (Sept. 14, 2020) (Ex. SEC-20-GM-001)/library/SEC-20-GM-001/exhibit/SEC-20-GM-001
Ex. SEC-20-GM-002News release: World Dairy Expo 2020 CancelledWorld Dairy Expo, Inc.June 4, 2020World Dairy Expo, Inc, News release: World Dairy Expo 2020 Cancelled (June 4, 2020) (Ex. SEC-20-GM-002)/library/SEC-20-GM-002/exhibit/SEC-20-GM-002
Ex. SEC-20-GM-003Husker Harvest Days COVID-19 Updates: 'Husker Harvest Days is cancelled for 2020' (information as of June 29, 2020)Farm Progress (Informa Markets)June 29, 2020Farm Progress (Informa Markets), Husker Harvest Days COVID-19 Updates: 'Husker Harvest Days is cancelled for 2020' (information as of June 29, 2020) (Ex. SEC-20-GM-003)/library/SEC-20-GM-003/exhibit/SEC-20-GM-003
Ex. SEC-20-GM-004Announcement of the cancellation of the 2020 Viva Fresh Expo (Mar. 16, 2020)Texas International Produce AssociationMar. 16, 2020Texas International Produce Association, Announcement of the cancellation of the 2020 Viva Fresh Expo (Mar. 16, 2020) (Ex. SEC-20-GM-004)/library/SEC-20-GM-004/exhibit/SEC-20-GM-004
Ex. SEC-20-GM-005Homepage notice: 2020 CA State Fair & Food Festival Cancelled (May 1, 2020)California Exposition & State Fair (Cal Expo), a State agencyMay 1, 2020California Exposition & State Fair (Cal Expo), a State agency, Homepage notice: 2020 CA State Fair & Food Festival Cancelled (May 1, 2020) (Ex. SEC-20-GM-005)/library/SEC-20-GM-005/exhibit/SEC-20-GM-005
Ex. SEC-20-GM-006Homepage notice: Commodity Classic Announces Transition to Digital Experience; In-Person 2021 Event Will Not Take Place Due to COVID-19 RestrictionsNational Corn Growers Association and American Soybean Association (with NAWG and National Sorghum Producers)Dec. 17, 2020National Corn Growers Association and American Soybean Association (with NAWG and National Sorghum Producers), Homepage notice: Commodity Classic Announces Transition to Digital Experience; In-Person 2021 Event Will Not Take Place Due to COVID-19 Restrictions (Dec. 17, 2020) (Ex. SEC-20-GM-006)/library/SEC-20-GM-006/exhibit/SEC-20-GM-006
Ex. SEC-20-GM-007Homepage notice: Potato Expo 2021 Goes 100% VirtualNational Potato CouncilNov. 1, 2020National Potato Council, Homepage notice: Potato Expo 2021 Goes 100% Virtual (Nov. 1, 2020) (Ex. SEC-20-GM-007)/library/SEC-20-GM-007/exhibit/SEC-20-GM-007
Ex. SEC-20-GM-008News: ISU Extension and Outreach Events Canceled (Mar. 19, 2020)Land-grant university extension services (Iowa State University Extension and Outreach as the example)Mar. 19, 2020Land-grant university extension services (Iowa State University Extension and Outreach as the example), News: ISU Extension and Outreach Events Canceled (Mar. 19, 2020) (Ex. SEC-20-GM-008)/library/SEC-20-GM-008/exhibit/SEC-20-GM-008
Ex. SEC-20-GM-009Release: National Farm Machinery Show and Championship Tractor Pull Postpones Until 2022 (Jan. 28, 2021)Kentucky Venues (Kentucky State Fair Board)Jan. 28, 2021Kentucky Venues (Kentucky State Fair Board), Release: National Farm Machinery Show and Championship Tractor Pull Postpones Until 2022 (Jan. 28, 2021) (Ex. SEC-20-GM-009)/library/SEC-20-GM-009/exhibit/SEC-20-GM-009
Ex. SEC-20-GM-010Convention news page: 2021 Cattle Industry Convention and NCBA Trade Show moved to Aug. 10-12, 2021National Cattlemen's Beef AssociationDec. 2, 2020National Cattlemen's Beef Association, Convention news page: 2021 Cattle Industry Convention and NCBA Trade Show moved to Aug. 10-12, 2021 (Dec. 2, 2020) (Ex. SEC-20-GM-010)/library/SEC-20-GM-010/exhibit/SEC-20-GM-010
Ex. SEC-20-GM-011COVID-19 Statement: 2020 Washington State Fair CanceledWashington State Fair AssociationAug. 12, 2020Washington State Fair Association, COVID-19 Statement: 2020 Washington State Fair Canceled (Aug. 12, 2020) (Ex. SEC-20-GM-011)/library/SEC-20-GM-011/exhibit/SEC-20-GM-011
Ex. SEC-20-GM-0122020 Fair Update: traditional Indiana State Fair will not take place; modified 4-H Livestock ShowIndiana State Fair Commission (a State body)July 8, 2020Indiana State Fair Commission (a State body), 2020 Fair Update: traditional Indiana State Fair will not take place; modified 4-H Livestock Show (July 8, 2020) (Ex. SEC-20-GM-012)/library/SEC-20-GM-012/exhibit/SEC-20-GM-012
Ex. SEC-20-GM-013EFD COVID Announcement: Empire Farm Days 2020 forced to cancel (Seneca County permit refusal; Governor's gathering orders)Lee Trade Shows (Empire Farm Days)July 1, 2020Lee Trade Shows (Empire Farm Days), EFD COVID Announcement: Empire Farm Days 2020 forced to cancel (Seneca County permit refusal; Governor's gathering orders) (July 1, 2020) (Ex. SEC-20-GM-013)/library/SEC-20-GM-013/exhibit/SEC-20-GM-013
Ex. SEC-20-GM-014Press Release: The 115th National Western Stock Show postponed until January 2022 (Sept. 14, 2020)Western Stock Show AssociationSept. 14, 2020Western Stock Show Association, Press Release: The 115th National Western Stock Show postponed until January 2022 (Sept. 14, 2020) (Ex. SEC-20-GM-014)/library/SEC-20-GM-014/exhibit/SEC-20-GM-014
Ex. SEC-20-GM-015Register for the 2020 CHS Annual Meeting (abbreviated virtual meeting, Dec. 3, 2020)CHS Inc.Nov. 18, 2020CHS Inc, Register for the 2020 CHS Annual Meeting (abbreviated virtual meeting, Dec. 3, 2020) (Nov. 18, 2020) (Ex. SEC-20-GM-015)/library/SEC-20-GM-015/exhibit/SEC-20-GM-015
Ex. SEC-20-GM-016Release: FFA to Host Virtual National FFA Convention & Expo in October; Extends Contract With Indianapolis (June 26, 2020)National FFA OrganizationJune 26, 2020National FFA Organization, Release: FFA to Host Virtual National FFA Convention & Expo in October; Extends Contract With Indianapolis (June 26, 2020) (Ex. SEC-20-GM-016)/library/SEC-20-GM-016/exhibit/SEC-20-GM-016
Ex. SEC-20-GM-017Farm Progress Show homepage: COVID-19 Update, 'the Farm Progress Show cancelled for 2020'Farm Progress (Informa Markets)July 3, 2020Farm Progress (Informa Markets), Farm Progress Show homepage: COVID-19 Update, 'the Farm Progress Show cancelled for 2020' (July 3, 2020) (Ex. SEC-20-GM-017)/library/SEC-20-GM-017/exhibit/SEC-20-GM-017
Ex. SEC-20-GM-018Ag Progress Days page: 2020 exposition (Aug. 11-13) cancelled due to the ongoing coronavirus pandemicPenn State College of Agricultural SciencesJune 24, 2020Penn State College of Agricultural Sciences, Ag Progress Days page: 2020 exposition (Aug. 11-13) cancelled due to the ongoing coronavirus pandemic (June 24, 2020) (Ex. SEC-20-GM-018)/library/SEC-20-GM-018/exhibit/SEC-20-GM-018
Ex. SEC-20-GM-019Release: Farm Technology Days Postponed to 2021 (Apr. 10, 2020)Wisconsin Farm Technology Days, Inc. (2020 Eau Claire host committee)Apr. 10, 2020Wisconsin Farm Technology Days, Inc. (2020 Eau Claire host committee), Release: Farm Technology Days Postponed to 2021 (Apr. 10, 2020) (Ex. SEC-20-GM-019)/library/SEC-20-GM-019/exhibit/SEC-20-GM-019
Ex. SEC-20-GM-020IPPE homepage: No IPPE 2021 In-Person Event; digital exhibitor engagement Jan. 25-29, 2021U.S. Poultry & Egg Association, American Feed Industry Association and North American Meat InstituteOct. 12, 2020U.S. Poultry & Egg Association, American Feed Industry Association and North American Meat Institute, IPPE homepage: No IPPE 2021 In-Person Event; digital exhibitor engagement Jan. 25-29, 2021 (Oct. 12, 2020) (Ex. SEC-20-GM-020)/library/SEC-20-GM-020/exhibit/SEC-20-GM-020
Ex. SEC-20-GM-021IFT20 homepage: IFT20 transitions to virtual experience (SHIFT20, July 12-15, 2020)Institute of Food TechnologistsApr. 26, 2020Institute of Food Technologists, IFT20 homepage: IFT20 transitions to virtual experience (SHIFT20, July 12-15, 2020) (Apr. 26, 2020) (Ex. SEC-20-GM-021)/library/SEC-20-GM-021/exhibit/SEC-20-GM-021
Ex. SEC-20-GM-022COVID-19 Update message of the President/CEO on the 2020 seasonAmerican Royal AssociationMay 15, 2020American Royal Association, COVID-19 Update message of the President/CEO on the 2020 season (May 15, 2020) (Ex. SEC-20-GM-022)/library/SEC-20-GM-022/exhibit/SEC-20-GM-022
Ex. SEC-20-GM-023COVID-19 Updates page linking State letters and guidance to livestock auction markets (as of May 12, 2020)State-licensed livestock auction markets (Livestock Marketing Association members)May 12, 2020State-licensed livestock auction markets (Livestock Marketing Association members), COVID-19 Updates page linking State letters and guidance to livestock auction markets (as of May 12, 2020) (Ex. SEC-20-GM-023)/library/SEC-20-GM-023/exhibit/SEC-20-GM-023
Ex. SEC-20-GM-024Guidance for Livestock Auction Markets During COVID-19 (Mar. 23, 2020)Mar. 23, 2020Guidance for Livestock Auction Markets During COVID-19 (Mar. 23, 2020) (Ex. SEC-20-GM-024)/library/SEC-20-GM-024/exhibit/SEC-20-GM-024
Ex. SEC-20-GM-025Letter to livestock market operators and producers (Mar. 23, 2020) with recommended sale practicesMar. 23, 2020Letter to livestock market operators and producers (Mar. 23, 2020) with recommended sale practices (Ex. SEC-20-GM-025)/library/SEC-20-GM-025/exhibit/SEC-20-GM-025
Ex. SEC-20-GM-026Director's waiver letter of Mar. 24, 2020 on closures or restrictions of businesses relating to the food supplyMar. 24, 2020Director's waiver letter of Mar. 24, 2020 on closures or restrictions of businesses relating to the food supply (Ex. SEC-20-GM-026)/library/SEC-20-GM-026/exhibit/SEC-20-GM-026
Ex. SEC-20-GM-027Letter to livestock market managers (Mar. 27, 2020): recommendations for all livestock salesMar. 27, 2020Letter to livestock market managers (Mar. 27, 2020): recommendations for all livestock sales (Ex. SEC-20-GM-027)/library/SEC-20-GM-027/exhibit/SEC-20-GM-027
Ex. SEC-20-GM-028COVID-19 and Livestock Markets: Guidance and Best Practices (Mar. 27, 2020)Mar. 27, 2020COVID-19 and Livestock Markets: Guidance and Best Practices (Mar. 27, 2020) (Ex. SEC-20-GM-028)/library/SEC-20-GM-028/exhibit/SEC-20-GM-028
Ex. SEC-20-GM-029Guidance for Livestock Markets to Slow the Spread of COVID-19 Virus (Apr. 1, 2020)Apr. 1, 2020Guidance for Livestock Markets to Slow the Spread of COVID-19 Virus (Apr. 1, 2020) (Ex. SEC-20-GM-029)/library/SEC-20-GM-029/exhibit/SEC-20-GM-029
Ex. SEC-20-GM-030COVID-19 Guidance for Livestock Markets (Mar. 30, 2020): essential functions under EO 20-16Mar. 30, 2020COVID-19 Guidance for Livestock Markets (Mar. 30, 2020): essential functions under EO 20-16 (Ex. SEC-20-GM-030)/library/SEC-20-GM-030/exhibit/SEC-20-GM-030
Ex. SEC-20-GM-03193rd National FFA Convention & Expo homepage: Join Virtually Oct. 27-29, 2020Aug. 28, 202093rd National FFA Convention & Expo homepage: Join Virtually Oct. 27-29, 2020 (Aug. 28, 2020) (Ex. SEC-20-GM-031)/library/SEC-20-GM-031/exhibit/SEC-20-GM-031
Ex. SEC-20-GM-033Homepage notice: the State Fair of Texas will not open for the 2020 seasonState Fair of Texas (a 501(c)(3) nonprofit)July 7, 2020State Fair of Texas (a 501(c)(3) nonprofit), Homepage notice: the State Fair of Texas will not open for the 2020 season (July 7, 2020) (Ex. SEC-20-GM-033)/library/SEC-20-GM-033/exhibit/SEC-20-GM-033
Ex. SEC-20-GM-034Fair page notice: The 2020 Wisconsin State Fair has been cancelledWisconsin State Fair Park (a State agency)May 29, 2020Wisconsin State Fair Park (a State agency), Fair page notice: The 2020 Wisconsin State Fair has been cancelled (May 29, 2020) (Ex. SEC-20-GM-034)/library/SEC-20-GM-034/exhibit/SEC-20-GM-034
Ex. SEC-20-GM-035Homepage: Statement from State Fair Director Troy Waffner, 2020 State Fair Canceled; 1,329,275 visitors in 2019New York State Department of Agriculture and Markets (State Fair Director)July 6, 2020New York State Department of Agriculture and Markets (State Fair Director), Homepage: Statement from State Fair Director Troy Waffner, 2020 State Fair Canceled; 1,329,275 visitors in 2019 (July 6, 2020) (Ex. SEC-20-GM-035)/library/SEC-20-GM-035/exhibit/SEC-20-GM-035
Ex. SEC-20-GM-036Farm Show homepage: agriculture 'to be Celebrated Virtually' (Aug. 19, 2020); KILE 2020 cancelled (June 17, 2020); Complex events cancelled (Mar. 13, 2020)Pennsylvania Department of AgricultureAug. 19, 2020Pennsylvania Department of Agriculture, Farm Show homepage: agriculture 'to be Celebrated Virtually' (Aug. 19, 2020); KILE 2020 cancelled (June 17, 2020); Complex events cancelled (Mar. 13, 2020) (Ex. SEC-20-GM-036)/library/SEC-20-GM-036/exhibit/SEC-20-GM-036
Ex. SEC-20-GM-037News page: Sunbelt Ag Expo Suspends Plans for Its 43rd Annual ShowSunbelt Agricultural Exposition, Inc.Aug. 13, 2020Sunbelt Agricultural Exposition, Inc, News page: Sunbelt Ag Expo Suspends Plans for Its 43rd Annual Show (Aug. 13, 2020) (Ex. SEC-20-GM-037)/library/SEC-20-GM-037/exhibit/SEC-20-GM-037
Ex. SEC-20-GM-038Notice: Dakotafest 2020 Has Been Canceled (June 3, 2020)IDEAg Group (Farm Journal)June 3, 2020IDEAg Group (Farm Journal), Notice: Dakotafest 2020 Has Been Canceled (June 3, 2020) (Ex. SEC-20-GM-038)/library/SEC-20-GM-038/exhibit/SEC-20-GM-038
Ex. SEC-20-GM-039Homepage notice: 2021 Mid-South Farm & Gin Show, A Virtual Experience (Jan. 25, 2021)Southern Cotton Ginners Association and Foundation with Delta Farm PressJan. 25, 2021Southern Cotton Ginners Association and Foundation with Delta Farm Press, Homepage notice: 2021 Mid-South Farm & Gin Show, A Virtual Experience (Jan. 25, 2021) (Ex. SEC-20-GM-039)/library/SEC-20-GM-039/exhibit/SEC-20-GM-039
Ex. SEC-20-GM-040Homepage notice: The Western Farm Show has cancelled for 2021 (Dec. 7, 2020); rescheduled to Feb. 25-27, 2022Western Equipment Dealers AssociationDec. 7, 2020Western Equipment Dealers Association, Homepage notice: The Western Farm Show has cancelled for 2021 (Dec. 7, 2020); rescheduled to Feb. 25-27, 2022 (Ex. SEC-20-GM-040)/library/SEC-20-GM-040/exhibit/SEC-20-GM-040
Ex. SEC-20-GM-041Homepage notice: in-person 2021 Spokane Ag Show cancelled; virtual Feb. 1-5, 2021Greater Spokane IncorporatedNov. 26, 2020Greater Spokane Incorporated, Homepage notice: in-person 2021 Spokane Ag Show cancelled; virtual Feb. 1-5, 2021 (Nov. 26, 2020) (Ex. SEC-20-GM-041)/library/SEC-20-GM-041/exhibit/SEC-20-GM-041
Ex. SEC-20-GM-042Homepage notice: The 2021 Annual Meat Conference is now a virtual eventFMI - The Food Industry Association and North American Meat InstituteNov. 29, 2020FMI - The Food Industry Association and North American Meat Institute, Homepage notice: The 2021 Annual Meat Conference is now a virtual event (Nov. 29, 2020) (Ex. SEC-20-GM-042)/library/SEC-20-GM-042/exhibit/SEC-20-GM-042
Ex. SEC-20-GM-043Homepage: The 2020 New Mexico State Fair Has Been Canceled; 2020 Virtual FairNew Mexico State Fair (EXPO New Mexico, a State agency)Aug. 20, 2020New Mexico State Fair (EXPO New Mexico, a State agency), Homepage: The 2020 New Mexico State Fair Has Been Canceled; 2020 Virtual Fair (Aug. 20, 2020) (Ex. SEC-20-GM-043)/library/SEC-20-GM-043/exhibit/SEC-20-GM-043
Ex. SEC-20-GM-044Homepage: 2020 State Fair limited to 4-H and FFA livestock competitions and exhibitsNebraska State Fair Board (Nebraska State Fair 1868 Foundation)Aug. 7, 2020Nebraska State Fair Board (Nebraska State Fair 1868 Foundation), Homepage: 2020 State Fair limited to 4-H and FFA livestock competitions and exhibits (Aug. 7, 2020) (Ex. SEC-20-GM-044)/library/SEC-20-GM-044/exhibit/SEC-20-GM-044
Ex. SEC-20-GM-045Homepage: Florida State Fair Postponed to April 2021Florida State Fair Authority (a State body)Jan. 1, 2021Florida State Fair Authority (a State body), Homepage: Florida State Fair Postponed to April 2021 (Jan. 1, 2021) (Ex. SEC-20-GM-045)/library/SEC-20-GM-045/exhibit/SEC-20-GM-045
Ex. SEC-20-GM-046Homepage letter (Apr. 2021): Cal Expo as Vaccination Super Site; reopening deferred; 2021 fair not heldCalifornia Exposition & State Fair (Cal Expo), a State agencyApr. 30, 2021California Exposition & State Fair (Cal Expo), a State agency, Homepage letter (Apr. 2021): Cal Expo as Vaccination Super Site; reopening deferred; 2021 fair not held (Apr. 30, 2021) (Ex. SEC-20-GM-046)/library/SEC-20-GM-046/exhibit/SEC-20-GM-046
Ex. SEC-20-GM-047Homepage: SEPC Reschedules Southern Exposure (Nov. 11, 2020) to Apr. 6-8, 2021Southeast Produce CouncilNov. 11, 2020Southeast Produce Council, Homepage: SEPC Reschedules Southern Exposure (Nov. 11, 2020) to Apr. 6-8, 2021 (Ex. SEC-20-GM-047)/library/SEC-20-GM-047/exhibit/SEC-20-GM-047
Ex. SEC-20-GM-048Homepage: 2020 State Fair CanceledMinnesota State Agricultural SocietyMay 22, 2020Minnesota State Agricultural Society, Homepage: 2020 State Fair Canceled (May 22, 2020) (Ex. SEC-20-GM-048)/library/SEC-20-GM-048/exhibit/SEC-20-GM-048
Ex. SEC-20-GM-049Homepage notice: 2021 Fort Worth Stock Show & Rodeo Cancelled ('very high risk')Southwestern Exposition and Livestock ShowOct. 6, 2020Southwestern Exposition and Livestock Show, Homepage notice: 2021 Fort Worth Stock Show & Rodeo Cancelled ('very high risk') (Oct. 6, 2020) (Ex. SEC-20-GM-049)/library/SEC-20-GM-049/exhibit/SEC-20-GM-049
Ex. SEC-20-GM-050Homepage notice: 2020 Oklahoma State Fair CanceledOklahoma State Fair, Inc.July 15, 2020Oklahoma State Fair, Inc, Homepage notice: 2020 Oklahoma State Fair Canceled (July 15, 2020) (Ex. SEC-20-GM-050)/library/SEC-20-GM-050/exhibit/SEC-20-GM-050
Ex. SEC-20-GM-051Homepage: 2020 Arizona State Fair Postponed; Executive Director's statementArizona Exposition & State Fair Board (a State agency)Aug. 14, 2020Arizona Exposition & State Fair Board (a State agency), Homepage: 2020 Arizona State Fair Postponed; Executive Director's statement (Aug. 14, 2020) (Ex. SEC-20-GM-051)/library/SEC-20-GM-051/exhibit/SEC-20-GM-051
Ex. SEC-20-GM-052Fresh Summit page: Fresh Summit is going virtual (Oct. 13-15, 2020)Produce Marketing AssociationJuly 29, 2020Produce Marketing Association, Fresh Summit page: Fresh Summit is going virtual (Oct. 13-15, 2020) (July 29, 2020) (Ex. SEC-20-GM-052)/library/SEC-20-GM-052/exhibit/SEC-20-GM-052
Ex. SEC-20-GM-053Convention page: American Farm Bureau's 102nd Convention Goes Virtual (Oct. 14, 2020) following the San Diego Convention Center's cancellation of all events…American Farm Bureau FederationOct. 14, 2020American Farm Bureau Federation, Convention page: American Farm Bureau's 102nd Convention Goes Virtual (Oct. 14, 2020) following the San Diego Convention Center's cancellation of all events through Jan. 31, 2021 (Ex. SEC-20-GM-053)/library/SEC-20-GM-053/exhibit/SEC-20-GM-053
Ex. SEC-20-GM-054Homepage and release: 2020 Farm Science Review will be a virtual show (July 14, 2020)Ohio State College of Food, Agricultural, and Environmental SciencesJuly 14, 2020Ohio State College of Food, Agricultural, and Environmental Sciences, Homepage and release: 2020 Farm Science Review will be a virtual show (July 14, 2020) (Ex. SEC-20-GM-054)/library/SEC-20-GM-054/exhibit/SEC-20-GM-054
Ex. SEC-20-GM-055Homepage: 2021 Unified Symposium, Virtual Conference & Trade Show, Jan. 26-29, 2021American Society for Enology and Viticulture and California Association of Winegrape GrowersDec. 2, 2020American Society for Enology and Viticulture and California Association of Winegrape Growers, Homepage: 2021 Unified Symposium, Virtual Conference & Trade Show, Jan. 26-29, 2021 (Dec. 2, 2020) (Ex. SEC-20-GM-055)/library/SEC-20-GM-055/exhibit/SEC-20-GM-055
Ex. SEC-20-GM-056Homepage: Big Iron 2020 held Sept. 15-17 with health screenings, in coordination with Cass County Public HealthRed River Valley Fair AssociationAug. 27, 2020Red River Valley Fair Association, Homepage: Big Iron 2020 held Sept. 15-17 with health screenings, in coordination with Cass County Public Health (Aug. 27, 2020) (Ex. SEC-20-GM-056)/library/SEC-20-GM-056/exhibit/SEC-20-GM-056
Ex. SEC-20-GM-057News page: March 11, 2020 News Update; Rodeo Hosts Online Auctions to Support Junior Exhibitors (Mar. 18, 2020)Mar. 18, 2020News page: March 11, 2020 News Update; Rodeo Hosts Online Auctions to Support Junior Exhibitors (Mar. 18, 2020) (Ex. SEC-20-GM-057)/library/SEC-20-GM-057/exhibit/SEC-20-GM-057
Ex. SEC-20-GM-058Release: NPPC Cancels 2020 World Pork Expo (Mar. 30, 2020)National Pork Producers CouncilMar. 30, 2020National Pork Producers Council, Release: NPPC Cancels 2020 World Pork Expo (Mar. 30, 2020) (Ex. SEC-20-GM-058)/library/SEC-20-GM-058/exhibit/SEC-20-GM-058
Ex. SEC-20-GM-059Page: The Southern Farm Show will not take place in 2021; next show Feb. 2-4, 2022Southern Shows Inc.Jan. 27, 2021Southern Shows Inc, Page: The Southern Farm Show will not take place in 2021; next show Feb. 2-4, 2022 (Jan. 27, 2021) (Ex. SEC-20-GM-059)/library/SEC-20-GM-059/exhibit/SEC-20-GM-059
Ex. SEC-20-GM-0602020 COVID Exhibitor Updates (health and safety policy; live streams; entry caps)Arizona National Livestock Show, Inc.Oct. 1, 2020Arizona National Livestock Show, Inc, 2020 COVID Exhibitor Updates (health and safety policy; live streams; entry caps) (Oct. 1, 2020) (Ex. SEC-20-GM-060)/library/SEC-20-GM-060/exhibit/SEC-20-GM-060
Ex. SEC-20-GM-061Exhibitor updates: COVID-19 Safety Measures for Junior Livestock Show (masks per Tulsa Ordinance 24408; THD guidelines)Tulsa County Public Facilities Authority (Expo Square)Aug. 8, 2020Tulsa County Public Facilities Authority (Expo Square), Exhibitor updates: COVID-19 Safety Measures for Junior Livestock Show (masks per Tulsa Ordinance 24408; THD guidelines) (Aug. 8, 2020) (Ex. SEC-20-GM-061)/library/SEC-20-GM-061/exhibit/SEC-20-GM-061
Ex. SEC-20-GM-062Homepage: Expo Online, Nov. 17-19, 2020; Update: Novel Coronavirus (COVID-19)Diversified CommunicationsSept. 3, 2020Diversified Communications, Homepage: Expo Online, Nov. 17-19, 2020; Update: Novel Coronavirus (COVID-19) (Sept. 3, 2020) (Ex. SEC-20-GM-062)/library/SEC-20-GM-062/exhibit/SEC-20-GM-062
Ex. SEC-20-GM-063Homepage: IFT Transitions 2021 Annual Event to Digital ExperienceInstitute of Food TechnologistsMar. 21, 2021Institute of Food Technologists, Homepage: IFT Transitions 2021 Annual Event to Digital Experience (Mar. 21, 2021) (Ex. SEC-20-GM-063)/library/SEC-20-GM-063/exhibit/SEC-20-GM-063
Ex. SEC-20-GM-064Press release page: Statement from New York State Fair Director Troy Waffner (July 6, 2020): Governor Cuomo announced the 2020 Great New York State Fair…New York State Department of Agriculture and Markets (State Fair Director)July 6, 2020New York State Department of Agriculture and Markets (State Fair Director), Press release page: Statement from New York State Fair Director Troy Waffner (July 6, 2020): Governor Cuomo announced the 2020 Great New York State Fair canceled; second cancellation in the Fair's history after World War II (Ex. SEC-20-GM-064)/library/SEC-20-GM-064/exhibit/SEC-20-GM-064
Ex. SEC-20-GM-065Homepage letter (captured Mar. 2, 2021): Cal Expo forced to cancel nearly all of its 200-plus events and the 2020 State Fair, impacting over 800 seasonal…California Exposition & State Fair (Cal Expo), a State agencyMar. 2, 2021California Exposition & State Fair (Cal Expo), a State agency, Homepage letter (captured Mar. 2, 2021): Cal Expo forced to cancel nearly all of its 200-plus events and the 2020 State Fair, impacting over 800 seasonal workers and costing an estimated million; operating as a COVID-19 testing site and emergency partner (Ex. SEC-20-GM-065)/library/SEC-20-GM-065/exhibit/SEC-20-GM-065
Ex. SEC-20-GM-066Release of Oct. 9, 2020 (Tucker, Ga.): No IPPE 2021 In-Person Event; Exhibitor Engagement and Education Opportunities to Be Offered Jan. 25 - 29; next in-person…U.S. Poultry & Egg Association, American Feed Industry Association and North American Meat InstituteOct. 9, 2020U.S. Poultry & Egg Association, American Feed Industry Association and North American Meat Institute, Release of Oct. 9, 2020 (Tucker, Ga.): No IPPE 2021 In-Person Event; Exhibitor Engagement and Education Opportunities to Be Offered Jan. 25 - 29; next in-person IPPE Jan. 25-27, 2022 (Ex. SEC-20-GM-066)/library/SEC-20-GM-066/exhibit/SEC-20-GM-066
Ex. SEC-20-GM-067News release (Mar. 31, 2020): United Fresh Produce Association Launches United Fresh LIVE!; Board moves the June 2020 San Diego in-person convention to a free…United Fresh Produce AssociationMar. 31, 2020United Fresh Produce Association, News release (Mar. 31, 2020): United Fresh Produce Association Launches United Fresh LIVE!; Board moves the June 2020 San Diego in-person convention to a free virtual event debuting the week of June 15, 2020 (Ex. SEC-20-GM-067)/library/SEC-20-GM-067/exhibit/SEC-20-GM-067
Ex. TX-004Executive Order GA-09Governor Greg AbbottMar. 22, 2020Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)/library/TX-004/exhibit/TX-004

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=20&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.