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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Milwaukee and Madison, Wisconsin

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 439 instruments cited; 423 exhibit files held. Not legal advice.

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

1. About this report

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

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

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

The report reproduces at covidproject.com/report?state=WI&metro=MKE&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)

Wisconsin, first day (Apr. 1, 2020): April 1, 2020: Executive Order 72 public health emergency in force (WI-001; to May 11); Emergency Order 12 Safer at Home in force (WI-002): stay-home, non-essential business cessation, telework to the greatest extent possible, all gatherings prohibited, schools/gyms/theaters/salons closed, restaurants and bars takeout only, travel prohibited except essential; Emergency Order 15 eviction and foreclosure moratorium (WI-033); Emergency Order 1 school closure and Emergency Order 6 child-care limits (WI-034, WI-036); Supreme Court suspension of in-person proceedings (WI-026, WI-043 from Apr. 15) and continuance of all jury trials to after May 22 (WI-025); OCI bulletins (WI-041, WI-042).

Wisconsin, last day (June 30, 2020): June 30, 2020: no statewide DHS closure, gathering or stay-home order (Palm, May 13, WI-007); Emergency Order 28 section 4.a school closure for the remainder of the 2019-20 school year survived Palm (WI-003, WI-007 n.6); Executive Order 72 lapsed May 11 (SJR 3 recital, WI-018); Supreme Court remote-hearings and jury-trial orders extended for each circuit court until its plan was approved by the chief judge, with mandatory face coverings and sanitation in approved plans (WI-027); CARES Act eviction moratorium operating in Wisconsin courts after the State moratorium expired May 26 (WI-030); county and municipal orders (MKE and others).

Milwaukee and Madison, first day (Apr. 1, 2020): Apr. 1, 2020: statewide Safer at Home (DHS Emergency Order #12) in force and adopted as a Dane County order (Ex. MET-MKE-003); City of Milwaukee Stay-At-Home Order in force since 12:01 a.m. Mar. 25, 2020 (Ex. MET-MKE-030); bars and restaurants closed to on-site consumption (Ex. MET-MKE-028); courts closed to jury trials and most in-person proceedings (Exs. MET-MKE-053, -073); MCTS on Saturday schedules with fares suspended (Ex. MET-MKE-042); Madison Metro at 15 riders per bus on Saturday schedules (Ex. MET-MKE-045).

Milwaukee and Madison, last day (June 30, 2020): June 30, 2020: Dane County Emergency Order #6 (50 percent capacity; 50 indoors / 100 outdoors) (Ex. MET-MKE-009); City of Milwaukee Phase 3 (25 percent capacity; schools closed for in-person instruction) (Exs. MET-MKE-054, -055, -076); MCTS 10-rider cap and front-door boarding (Ex. MET-MKE-041).

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)

Wisconsin, first day (July 1, 2020): July 1, 2020: no statewide gubernatorial or DHS order; county-plan court regime with mandatory face coverings (WI-027); local orders (Dane County, Milwaukee and others).

Wisconsin, last day (Sept. 30, 2020): September 30, 2020: Executive Order 90 public health emergency (WI-010, Sept. 22) and DHS Emergency Order 1 face-covering mandate (WI-011; every individual age five and older indoors or in an enclosed space with non-household persons; civil forfeiture up to $200; to Nov. 21, 2020) in force; court county-plan regime (WI-027); local orders.

Milwaukee and Madison, first day (July 1, 2020): July 1, 2020: Milwaukee Order #4 (Phase 4) effective 12:01 a.m. (lesser of 50 percent / one per 30 sq. ft. / 250; schools closed) (Exs. MET-MKE-056, -057); Dane County Emergency Order #6 (50 percent; 50/100) until Emergency Order #7 took effect July 2 (10 indoors / 25 outdoors; taverns closed indoors; restaurants 25 percent) (Ex. MET-MKE-010).

Milwaukee and Madison, last day (Sept. 30, 2020): Sept. 30, 2020: Milwaukee Order #4.1 (Ex. MET-MKE-060) with MCO § 62-8 masks (Ex. MET-MKE-066) and the statewide Emergency Order #1 face-covering order; Dane County Emergency Order #9 Amendment (10 indoors / 25 outdoors; restaurants 25 percent; taverns pickup only; face coverings) (Ex. MET-MKE-013); MCTS masks and 10-rider cap (Ex. MET-MKE-041); Madison Metro masks and 20-rider cap (Ex. MET-MKE-046).

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)

Wisconsin, first day (Oct. 1, 2020): October 1, 2020: Executive Order 90 and the face-covering mandate (WI-010, WI-011); Supreme Court amended order allowing chief judges to withdraw approval of county plans (WI-028); local orders. From Oct. 8: Emergency Order 3 25 percent occupancy cap on all indoor public gatherings (WI-012; enforcement restrained Oct. 14-19 by the Sawyer County circuit court; held unenforceable by the Court of Appeals Nov. 6, 2020, the day it expired). Nov. 10: Executive Order 94 stay-home and business recommendations with two mandatory employer sentences (WI-013). Nov. 20: Executive Order 95 disaster and public health emergency (WI-014) and Emergency Order 1 face coverings to Jan. 19, 2021 (WI-015).

Wisconsin, last day (Dec. 31, 2020): December 31, 2020: Executive Order 95 and the face-covering mandate (WI-014, WI-015) in force; Executive Order 94 recommendations (WI-013); court county-plan regime (WI-028); CDC eviction moratorium operating in Wisconsin courts (WI-031); local orders.

Milwaukee and Madison, first day (Oct. 1, 2020): Oct. 1, 2020: Milwaukee Order #4.1 (Ex. MET-MKE-060); Dane County Emergency Order #9 Amendment (Ex. MET-MKE-013); statewide face-covering order (Emergency Order #1 under Executive Order #90).

Milwaukee and Madison, last day (Dec. 31, 2020): Dec. 31, 2020: Milwaukee Order #4.3 (lesser of 25 percent / one per 30 sq. ft. / 10 indoors, 25 outdoors; restaurants and bars 25 percent, seated only, dance floors closed; schools closed absent approved plan) (Ex. MET-MKE-035); Dane County Emergency Order #11 (10 indoors / 25 outdoors; restaurants 25 percent; taverns pickup only; face coverings) (Ex. MET-MKE-016); statewide Emergency Order #1 (under Executive Order #95).

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)

Wisconsin, first day (Jan. 1, 2021): January 1, 2021: Executive Order 95 and the face-covering mandate (WI-014, WI-015; to Jan. 19); Executive Order 104 and new Emergency Order 1 from Jan. 19 (WI-016, WI-017; to Mar. 20); SJR 3 revoked EO 104 on Feb. 4 (WI-018) and Executive Order 105 and a new Emergency Order 1 issued the same day (WI-019, WI-020; 60 days); court county-plan regime (WI-028); local orders.

Wisconsin, last day (Mar. 31, 2021): March 31, 2021: the Executive Order 105 face-covering mandate (WI-020) was in force until the Supreme Court's decision issued that day declaring Executive Orders 82, 90 and 105 unlawful and all orders issued under them void (Fabick, WI-021); court county-plan regime (WI-028); local orders (Dane County, Milwaukee).

Milwaukee and Madison, first day (Jan. 1, 2021): Jan. 1, 2021: Milwaukee Order #4.3 (Ex. MET-MKE-035); Dane County Emergency Order #11 (Ex. MET-MKE-016); statewide face coverings.

Milwaukee and Madison, last day (Mar. 31, 2021): Mar. 31, 2021: Milwaukee Phase 6 order (75 percent / 750 indoors; restaurants and bars 50 percent; schools conditioned on approved plans) (Ex. MET-MKE-037) with MCO § 62-8 masks (Ex. MET-MKE-066); Dane County Emergency Order #14 and its Mar. 18 amendment (restaurants 50 percent; taverns 25 percent; face coverings age 5+) (Exs. MET-MKE-019, -020); the statewide mask order ended this day (Fabick v. Evers) with no effect on the local mandates; federal transit mask order on MCTS and Metro (Exs. MET-MKE-044, -047).

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)

Wisconsin, first day (Apr. 1, 2021): April 1, 2021: no statewide gubernatorial or DHS order; Supreme Court court-operations orders requiring masking, distancing and sanitation in approved county plans (WI-028) in force; suspension of most in-person appellate proceedings (WI-043 as extended); federal eviction moratoria operating in Wisconsin courts (WI-030, WI-031); Tavern League decision Apr. 14 (WI-022); local orders.

Wisconsin, last day (June 30, 2021): June 30, 2021: no statewide gubernatorial or DHS order; Supreme Court's May 21, 2021 order (WI-029) leaving masking, distancing and sanitizing to county-wide decisions approved by the chief judge; appellate in-person suspension terminated 11:59 p.m. June 30, 2021 (WI-044); temporary mailbox rule terminated (WI-045); James v. Heinrich June 11 (WI-023); local orders.

Milwaukee and Madison, first day (Apr. 1, 2021): Apr. 1, 2021: Milwaukee Phase 6 (Ex. MET-MKE-037) and MCO § 62-8; Dane County Emergency Order #14 as amended (Exs. MET-MKE-019, -020); federal transit mask order.

Milwaukee and Madison, last day (June 30, 2021): June 30, 2021: no general City of Milwaukee order (expired June 1, 2021, Ex. MET-MKE-064) and no Dane County general order (expired June 2, 2021, Ex. MET-MKE-022); in force: federal transit mask order (Exs. MET-MKE-044, -047); Dane County isolation and quarantine requirements and health-care masking (Ex. MET-MKE-048); Milwaukee County administrative orders for County facilities (Ex. MET-MKE-052).

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)

Wisconsin, first day (July 1, 2021): July 1, 2021: no statewide gubernatorial or DHS COVID-19 order in force; Wis. Stat. 252.03 and 252.06 local health-officer and quarantine powers in force and exercised (WI-039; Becker, WI-024); county-by-county court accommodations under chief-judge approval (WI-029); the CDC eviction moratorium operating in Wisconsin eviction proceedings to Aug. 26, 2021 (FED-A; WI-031 records its application); federal layer; local orders (MKE).

Wisconsin, last day (Sept. 30, 2021): September 30, 2021: same as the first day at the State level; Dane County's Aug. 19, 2021 face-covering order in force (metro MKE); local quarantine and isolation orders under Wis. Stat. 252.06; federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS, entry proclamations).

Milwaukee and Madison, first day (July 1, 2021): July 1, 2021: federal transit mask order on MCTS and Madison Metro (Exs. MET-MKE-044, -047); Milwaukee County AO 20-13v10 Service Risk and Re-Opening Requirements effective this day (Ex. MET-MKE-052); Dane County isolation and quarantine requirements (Ex. MET-MKE-048); no city or county general capacity or mask order in either metro.

Milwaukee and Madison, last day (Sept. 30, 2021): Sept. 30, 2021: Dane County Face Covering Emergency Order #2 (universal indoor masking, age 2+, eff. Sept. 10 to Oct. 8, 2021) (Ex. MET-MKE-024), following the Face Covering Emergency Order of Aug. 19 to Sept. 10 (Ex. MET-MKE-023); federal transit mask order extended to Jan. 18, 2022 (Ex. MET-MKE-044); Milwaukee County AO 20-14v7 Universal Face Mask Policy (eff. Aug. 2, 2021), AO 20-17v4 screening (July 15) and AO 20-7v8 (Aug. 19) for County facilities (Ex. MET-MKE-052); City of Milwaukee: no general order or mask mandate.

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

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

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

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

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

Layer2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Total
Federal layer179163160175165167330
State of Wisconsin198101312737
Milwaukee and Madison2123171916567
Agencies, boards and authorities3222003
Standing duties43454844494464
All layers265241237253242223501

3. The statute and the test

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

the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID-19)

CARES Act § 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 348; I.R.C. § 3134(c)(2)(A)(ii)(I), 135 Stat. 4, 177

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

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

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

The partial-suspension test and how this report applies it

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

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

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

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

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

How this report was assembled

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

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

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

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

4. The orders, quarter by quarter

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

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

Federal layer

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

Guidelines for Opening Up America Again

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

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

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

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

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

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

QSO-20-14-NH (REVISED)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: None (guidance)

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

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

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

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

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

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

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

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

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

Supreme Court Building closed to the public until further notice

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

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

Enforcement: Supreme Court Police

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

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

In re: Coronavirus COVID-19 Public Emergency

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

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

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

Enforcement: court order

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Supreme Court postpones oral arguments scheduled for the March session

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

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

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

Enforcement: order of the Court

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

Ex. FED-317
General Order 72

In re: Coronavirus Disease Public Health Emergency

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

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

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

Enforcement: court order

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

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

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

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

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

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

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

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

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

Hoover Dam temporarily closed to all visitors

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

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

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

Enforcement: Reclamation facility order

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

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

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

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

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

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

Enforcement: agency closure

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

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

National Park Service to Temporarily Suspend Park Entrance Fees

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

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

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

Enforcement: Secretarial direction

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

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

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

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

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

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

Enforcement: court order; U.S. Marshals

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

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

In re: Restrictions on Visitors to Courthouses

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

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

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

Enforcement: court order; court security officers

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

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

USDA Service Centers Open for Business by Phone Appointment Only

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

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

Enforcement: USDA operating directive

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

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

BLM Temporarily Closes Developed Recreation Facilities in Oregon

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

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

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

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

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

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

Supreme Court postpones the April session oral arguments

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

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

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

Enforcement: order of the Court

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

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

Non-Emergent, Elective Medical Services, and Treatment Recommendations

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

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

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

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

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

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

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

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

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

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

Enforcement: order of the Court

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

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

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

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

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

Ex. FED-318
General Order 72-2

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

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

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

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

Enforcement: court order

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

Ex. FED-398
H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus

H.Res. 965 (116th Congress) - Remote Voting by Proxy and Remote Committee Proceedings

U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), United States House of Representatives (Federal)

Dates
In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Gathering capOther
Functions reached
EV Capitol Hill commerce (the Capitol complex was closed to public tours from Mar. 12, 2020 through 2021); CS lobbying, government relations and hospitality in Washington
Grade
Primary source read
Days in this quarter
42 (in force on the last day)

SECTION 1. AUTHORIZATION OF REMOTE VOTING BY PROXY DURING PUBLIC HEALTH EMERGENCY DUE TO NOVEL CORONAVIRUS. (a) AUTHORIZATION.--Notwithstanding rule III, at any time after the Speaker or the Speaker's designee is notified by the Sergeant-at-Arms, in consultation with the Attending Physician, that a public health emergency due to a novel coronavirus is in effect, the Speaker or the Speaker's designee, in consultation with the Minority Leader or the Minority Leader's designee, may designate a period (hereafter in this resolution referred to as a ''covered period'') during which a Member who is designated by another Member as a proxy... SEC. 3. PROCESS FOR VOTING DURING COVERED PERIODS. (a) RECORDED VOTES ORDERED.-- (1) IN GENERAL.--Notwithstanding clause 6 of rule I, during a covered period, the yeas and nays shall be considered as ordered on any vote on which a recorded vote or the yeas…

Enforcement: House rule

Citation: U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398) Open the exhibit

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

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

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

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

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

Enforcement: court order; court security

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

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

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

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

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

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

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

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

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

Determination that a Public Health Emergency Exists

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

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

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

Enforcement: Predicate; the enabled instruments carry their own enforcement

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

Ex. FED-200
Proclamation 9984

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: Framework for FDA emergency use authorizations

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

Ex. FED-001
Proclamation 9994

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

President Donald J. Trump, United States (Federal)

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

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

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

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

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

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

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

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

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

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

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

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

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

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

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

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

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

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

Ex. FED-201
Proclamation 9992

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-096
CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)

QSO-20-13-Hospitals

CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, United States (Medicare-participating hospitals) (Federal)

Dates
In force from Mar. 4, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care orders
Functions reached
ED intake and screening; VS visitation; IC infection control; IP placement and discharge
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

Hospital Guidance and Actions - CMS regulations and guidance support hospitals taking appropriate action to address potential and confirmed COVID cases and mitigate transmission including screening, discharge and transfers from the hospital, and visitation.... Hospitals should identify visitors and patients at risk for having COVID-19 infection before or immediately upon arrival to the healthcare facility.

Enforcement: Hospital CoP survey and enforcement (42 C.F.R. § 482.42)

Citation: CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096) Open the exhibit

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

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

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

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

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

Enforcement: Governs federal survey operations

Citation: CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164) Open the exhibit

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

Guidance on Preparing Workplaces for COVID-19

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

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

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

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

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

Ex. FED-098
QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)

QSO-20-18-HHA

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid home health agencies) (Federal)

Dates
In force from Mar. 10, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care orders
Functions reached
HC in-home visits (pre-visit screening); IC infection control; HR/WF staff monitoring
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

This memorandum responds to questions we have received and provides important guidance for all Medicare and Medicaid participating Home Health Agencies (HHAs) in addressing the COVID-19 outbreak and minimizing transmission to other individuals.... HHAs should be monitoring the health status of everyone (patients/residents/visitors/staff/etc.) in the homecare setting for signs or symptoms of COVID-19.... When making a home visit, HHAs should identify patients at risk for having COVID-19 infection before or immediately upon arrival to the home.

Enforcement: HHA CoP survey and certification (42 C.F.R. § 484.70)

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098) Open the exhibit

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

State of Wisconsin

Ex. WI-004
Emergency Order #31

Badger Bounce Back

Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Wisconsin (State)

Dates
In force from Apr. 20, 2020 to May 13, 2020
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capOther
Functions reached
GATH (10, then 50); DR/BA restaurants Phase One, bars Phase Two; SF non-essential retail Phase Two; WF schools and child care Phase One
Grade
Primary source read
Days in this quarter
24

1. Phases. Wisconsin shall adopt a phased approach to re-opening its economy and society, with each phase being incrementally less restrictive on businesses and individuals while protecting the public from COVID-19.... a. Safer at Home. Currently in effect, as established in Emergency Orders #12 and #28. b. Phase One. Phase One will include allowing mass gatherings of up to 10 people; restaurants opening with social distancing requirements; removal of certain restrictions including retail restrictions for Essential Businesses and Operations; additional operations for non-essential businesses; K-12 schools to resume in-person operation; and child care settings resuming full operation. c. Phase Two. Phase Two will include allowing mass gatherings of up to 50 people; restaurants resuming full operation; bars reopening with social distancing requirements; non-essential businesses resuming…

Enforcement: Framework order; restrictions enforced through Emergency Orders #12 and #28

Citation: Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #31 (Apr. 20, 2020) (Ex. WI-004) Open the exhibit

Ex. WI-035
Emergency Order #5 (March 17, 2020) (superseding Emergency Order #4 of March 16, 2020, gatherings of 50 or more)

Prohibiting mass gatherings of 10 or more people; closing bars and restaurants except for takeout and delivery

Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Wisconsin (State)

Dates
In force from Mar. 17, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capAlcohol and barsEvents and venues
Functions reached
GATH events of 10 or more; DR dining rooms and BA bars closed; WS worship gatherings; MK trade shows and conferences
Grade
Confirmed from a secondary source
Days in this quarter
106 (in force on the last day)

Enforcement: Wis. Stat. 252.25

Citation: Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #5 (March 17, 2020) (superseding Emergency Order #4 of March 16, 2020, gatherings of 50 or more) (Mar. 17, 2020) (Ex. WI-035) Open the exhibit

Ex. WI-006
Emergency Order #36

Interim Order to Turn the Dial (retail and drive-in theaters)

Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Wisconsin (State)

Dates
In force from May 11, 2020 to May 13, 2020
Quarters
2020 Q2
Limitations
Business closureCapacity limit
Functions reached
SF (in-person retail limited to five customers at a time); PE drive-in theaters
Grade
Confirmed from a secondary source
Days in this quarter
3

Enforcement: As Emergency Order #28 (Wis. Stat. 252.25)

Citation: Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #36 (May 11, 2020) (Ex. WI-006)

Ex. WI-039
Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health)

Codified statutory authority for DHS orders, local health-officer orders and quarantine

Wisconsin Legislature (codified statute), Wisconsin (State)

Dates
In force from Mar. 1, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Gathering capQuarantine and isolationOther
Functions reached
WF quarantine and isolation of exposed and infected workers throughout the period; GATH local gathering caps; SF local capacity orders; MASK local mask orders (Q3 2021: Dane County)
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

252.02 Powers and duties of department.... 252.03 Duties of local health officers. [local health officers 'shall promptly take all measures necessary to prevent, suppress and control communicable diseases' and 'may... forbid public gatherings when deemed necessary to control outbreaks or epidemics' (as construed in Becker ¶¶10-12)]... 252.06 Isolation and quarantine.... 252.25 Violation of law relating to health.

Enforcement: 252.25 (fine or imprisonment); local ordinances (e.g., Dane County Ord. 46.40, Becker)

Citation: Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039) Open the exhibit

Ex. WI-042
OCI Bulletin, March 15, 2020

Regulatory Flexibility Regarding COVID-19

Wisconsin Office of the Commissioner of Insurance, Wisconsin (Sector regulator)

Dates
In force from Mar. 15, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Gathering capOther
Functions reached
MK insurer meetings and events; OF filings
Grade
Primary source read
Days in this quarter
108 (in force on the last day)

[DHS has recommended that] gatherings of 250 or more be cancelled. Additionally, DHS has recommended that gatherings... OCI encourages insurers to comply with those recommendations and any future [recommendations]... [OCI] will view any cancellation or rescheduling of an insurer's annual meeting or any alternative [format favorably]... insurers are encouraged to make those filings electronically.

Enforcement: Regulatory guidance

Citation: Wisconsin Office of the Commissioner of Insurance, OCI Bulletin, March 15, 2020 (Mar. 15, 2020) (Ex. WI-042) Open the exhibit

Ex. WI-036
Emergency Order #6 (March 18, 2020)

Child care settings limited to 10 staff and 50 children at a time

Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Wisconsin (State)

Dates
In force from Mar. 19, 2020 to May 13, 2020 (issued Mar. 18, 2020)
Quarters
2020 Q2
Limitations
Capacity limitSchools and child care
Functions reached
EC child care capacity; WF parents' workforce availability
Grade
Confirmed from a secondary source
Days in this quarter
56

Enforcement: Wis. Stat. 252.25

Citation: Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #6 (March 18, 2020) (Mar. 18, 2020) (Ex. WI-036)

Ex. WI-005
Emergency Order #34

Interim Order to Turn the Dial

Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Wisconsin (State)

Dates
In force from Apr. 29, 2020 to May 13, 2020 (issued Apr. 27, 2020)
Quarters
2020 Q2
Limitations
Business closureOther
Functions reached
SF (curbside drop-off for repair and services added to Minimum Basic Operations); AM outdoor recreational rentals; SV automatic car washes
Grade
Confirmed from a secondary source
Days in this quarter
15

Enforcement: As Emergency Order #28 (Wis. Stat. 252.25)

Citation: Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #34 (Apr. 27, 2020) (Ex. WI-005)

Ex. WI-040
Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties)

Codified authority for the Governor's emergency declarations and the DHS face-covering orders (323.12(4)(b)); 60-day limit; legislative revocation

Wisconsin Legislature (codified statute), Wisconsin (State)

Dates
In force from Mar. 1, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationOther
Functions reached
framework for every gubernatorial instrument
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

323.10... [a state of emergency 'shall not exceed 60 days, unless the state of emergency is extended by joint resolution of the legislature'; the legislature may revoke it by joint resolution (as quoted in Fabick ¶2, ¶17)] 323.12 Powers and duties of the governor.... 323.28 Penalties.

Enforcement: 323.28: forfeiture (cited in every face-covering order, not more than $200)

Citation: Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040) Open the exhibit

Ex. WI-001
Executive Order #72

Relating to a Proclamation Declaring a Health Emergency in Response to the COVID-19 Coronavirus

Governor Tony Evers, Wisconsin (State)

Dates
In force from Mar. 12, 2020 to May 11, 2020
Quarters
2020 Q2
Limitations
Emergency declaration
Functions reached
predicate for every DHS Emergency Order of March-May 2020
Grade
Primary source read
Days in this quarter
60 (in force on the first day)

1. Proclaim that a public health emergency, as defined in Section 323.02(16) of the Wisconsin Statutes, exists for the State of Wisconsin. 2. Designate the Department of Health Services as the lead agency to respond to the public health emergency. 3. Direct the Department of Health Services to take all necessary and appropriate measures to prevent and respond to incidents of COVID-19 in the State. 4. Suspend the provisions of any administrative rule, if the Secretary of the Department of Health Services determines that compliance with that rule would prevent, hinder, or delay necessary actions to respond to the emergency and increase the health threat.... 7. Proclaim that a period of abnormal economic disruption, as defined in Section 100.305 of the Wisconsin Statutes, exists in the State of Wisconsin.

Enforcement: Predicate declaration; the DHS emergency orders issued under it carry Wis. Stat. 252.25 penalties

Citation: Governor Tony Evers, Executive Order #72 (Mar. 12, 2020) (Ex. WI-001) Open the exhibit

Ex. WI-034
Emergency Order #1 (March 13, 2020)

Statewide closure of public and private K-12 schools

Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Wisconsin (State)

Dates
In force from Mar. 18, 2020 to June 30, 2020 (issued Mar. 13, 2020)
Quarters
2020 Q2
Limitations
Schools and child care
Functions reached
WF parents' workforce availability; IN in-person instruction; EC child care demand
Grade
Confirmed from a secondary source
Days in this quarter
105 (in force on the last day)

Enforcement: Wis. Stat. 252.25

Citation: Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #1 (March 13, 2020) (Mar. 13, 2020) (Ex. WI-034)

Ex. WI-041
OCI Bulletin, March 20, 2020

Complying with Regulatory Requirements during the Public Health Emergency

Wisconsin Office of the Commissioner of Insurance (Commissioner Mark Afable), Wisconsin (Sector regulator)

Dates
In force from Mar. 20, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Other
Functions reached
IN insurance (grace periods, non-cancellation); OF electronic filing and signatures
Grade
Primary source read
Days in this quarter
103 (in force on the last day)

Insurers are encouraged to offer flexibility to insureds who are incurring economic hardship. This flexibility can include offering non-cancellation periods, deferred premium payments, premium holidays and acceleration or waiver of underwriting requirements. OCI will not view [such accommodations as violations]... Insurers are once again encouraged to file required forms electronically.

Enforcement: Regulatory guidance to licensees

Citation: Wisconsin Office of the Commissioner of Insurance (Commissioner Mark Afable), OCI Bulletin, March 20, 2020 (Mar. 20, 2020) (Ex. WI-041) Open the exhibit

Ex. WI-025
Order, In re the Matter of Jury Trials During the COVID-19 Pandemic

Order continuing all civil and criminal jury trials

Wisconsin Supreme Court (administrative and superintending authority, Wis. Const. art. VII, § 3), Wisconsin (Court)

Dates
In force from Mar. 22, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Courts and public offices
Functions reached
CT courts (lawyers, litigants, insurers, lenders, landlords); WF jurors
Grade
Primary source read
Days in this quarter
101 (in force on the last day)

NOW THEREFORE, IT IS HEREBY ORDERED that although the courts of the State of Wisconsin remain open, effective immediately through and including May 22, 2020, all civil and criminal jury trials scheduled to begin before May 22, 2020, are continued and will be rescheduled by the presiding judge to a date after May 22, 2020

Enforcement: Supreme Court administrative order binding on all courts

Citation: Wisconsin Supreme Court (administrative and superintending authority, Wis. Const. art. VII, § 3), Order, In re the Matter of Jury Trials During the COVID-19 Pandemic (Mar. 22, 2020) (Ex. WI-025) Open the exhibit

Ex. WI-026
Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic

Order suspending all in-person proceedings in all appellate and circuit courts

Wisconsin Supreme Court, Wisconsin (Court)

Dates
In force from Mar. 22, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Courts and public offices
Functions reached
CT courts and clerks; CL closings and evictions (court process); OF law offices
Grade
Primary source read
Days in this quarter
40

NOW THEREFORE, IT IS HEREBY ORDERED that the courts of the State of Wisconsin remain open. Nevertheless, all in-person proceedings in all appellate and circuit courts are hereby suspended through Thursday, April 30, 2020.... all non-essential hearings are to be postponed or conducted remotely.

Enforcement: Supreme Court administrative order

Citation: Wisconsin Supreme Court, Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Mar. 22, 2020) (Ex. WI-026) Open the exhibit

Ex. WI-033
Emergency Order #15

Temporary Ban on Evictions and Foreclosures

Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Wisconsin (State)

Dates
In force from Mar. 27, 2020 to May 26, 2020
Quarters
2020 Q2
Limitations
Courts and public officesOther
Functions reached
PM evictions; SV foreclosures and collections; CT
Grade
Primary source read
Days in this quarter
61

Enforcement: Wis. Stat. 252.25 (as the other Executive Order 72 emergency orders)

Citation: Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #15 (Mar. 27, 2020) (Ex. WI-033) Open the exhibit

Ex. WI-037
Emergency Order #16 (March 27, 2020)

Health care providers licensed in other states permitted to practice in Wisconsin during the emergency

Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Wisconsin (State)

Dates
In force from Mar. 27, 2020 to May 11, 2020
Quarters
2020 Q2
Limitations
Health care ordersOther
Functions reached
HR credentialing; IC surge staffing
Grade
Confirmed from a secondary source
Days in this quarter
46

Citation: Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #16 (March 27, 2020) (Mar. 27, 2020) (Ex. WI-037) Open the exhibit

Ex. WI-038
Emergency Orders #20 and #21 (April 6, 2020)

Health professional licensing flexibilities; temporary licenses not to expire during the emergency

Andrea Palm, Secretary-designee, Wisconsin Department of Health Services (with DSPS), Wisconsin (State)

Dates
In force from Apr. 6, 2020 to May 11, 2020
Quarters
2020 Q2
Limitations
Health care ordersOther
Functions reached
HR credentialing and training
Grade
Confirmed from a secondary source
Days in this quarter
36

Citation: Andrea Palm, Secretary-designee, Wisconsin Department of Health Services (with DSPS), Emergency Orders #20 and #21 (April 6, 2020) (Apr. 6, 2020) (Ex. WI-038) Open the exhibit

Ex. WI-043
Amended Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic

Amended order suspending all in-person proceedings in all appellate and circuit courts until further order

Wisconsin Supreme Court, Wisconsin (Court)

Dates
In force from Apr. 15, 2020 to May 21, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Courts and public offices
Functions reached
CT courts; OF law offices; CL closings and evictions
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

NOW THEREFORE, IT IS HEREBY ORDERED that the courts of the State of Wisconsin remain open. Nevertheless, all in-person proceedings in all appellate and circuit courts are hereby suspended until further order of this court.... Judges may waive in-person appearance requirements otherwise required by statute.

Enforcement: Supreme Court administrative order

Citation: Wisconsin Supreme Court, Amended Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Apr. 15, 2020) (Ex. WI-043) Open the exhibit

Ex. WI-027
Order, In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings During the COVID-19 Pandemic

Order extending the in-person suspension and jury-trial continuance for each circuit court until a chief-judge-approved operational plan; adopting the Task Force report

Wisconsin Supreme Court, Wisconsin (Court)

Dates
In force from May 22, 2020 to Oct. 1, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementCourts and public officesWorkplace rules
Functions reached
CT courts county by county; MASK in court facilities; WF jurors
Grade
Primary source read
Days in this quarter
40 (in force on the last day)

WHEREAS the Task Force has concluded that fundamental requirements for a gradual resumption of in-person proceedings are (1) the use of face coverings by all individuals present in the courtroom, the jury room, or other court-related confined spaces, and (2) the practice of appropriate sanitation/hygiene... IT IS FURTHER ORDERED that the April 15, 2020 amended order 'In Re The Matter of Remote Hearings During the COVID-19 Pandemic' is extended for each circuit court until that circuit court shall have prepared an operational plan for the safe resumption of in-person proceedings and jury trials and the plan shall have been approved by the chief judge of the applicable judicial administrative district... IT IS FURTHER ORDERED that the March 22, 2020 order 'In Re the Matter of Jury Trials During the COVID-19 Pandemic' is extended for each circuit court until that circuit court shall have…

Enforcement: Supreme Court administrative order

Citation: Wisconsin Supreme Court, Order, In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings During the COVID-19 Pandemic (May 22, 2020) (Ex. WI-027) Open the exhibit

Ex. WI-030
Order, In re the Matter of Emergency Procedures Related to the Federal Coronavirus Aid, Relief, and Economic Security Act's Temporary Moratorium on Eviction Filings

Order denying Legal Action of Wisconsin's emergency request for a temporary pleading requirement in eviction actions; concurrence recording the CARES Act moratorium in force and the State moratorium's expiry on May 26, 2020

Wisconsin Supreme Court, Wisconsin (Court)

Dates
In force from June 5, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Courts and public officesOther
Functions reached
PM evictions (context: State moratorium expired May 26, 2020; CARES Act moratorium operating in Wisconsin courts); CT
Grade
Primary source read
Days in this quarter
26 (in force on the last day)

IT IS ORDERED that the emergency request by Legal Action of Wisconsin and Wisconsin Judicare is denied. [Ann Walsh Bradley, J., concurring:] Without awareness of the CARES Act moratorium and with the expiration of the statewide moratorium on evictions, we may see an influx of unlawful evictions in our court system. [n.2:] The moratorium on evictions and foreclosures expired on May 26, 2020.... the federal moratorium under the CARES Act remains in force [through July 25, 2020].

Enforcement: Court disposition (request denied); not a restriction

Citation: Wisconsin Supreme Court, Order, In re the Matter of Emergency Procedures Related to the Federal Coronavirus Aid, Relief, and Economic Security Act's Temporary Moratorium on Eviction Filings (June 5, 2020) (Ex. WI-030) Open the exhibit

Milwaukee and Madison

Ex. MET-MKE-005
Emergency Order #2

Order of Public Health Madison & Dane County, Emergency Order #2 (modified stay-at-home order)

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from May 19, 2020 to May 26, 2020 (issued May 18, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capSchools and child careAlcohol and bars
Functions reached
CB customer base (gatherings prohibited; stay-home encouraged); SF sales floor (non-essential closed; retail 25 percent of occupancy); DR dining rooms closed; BA bars closed; OP offices (remote work required to the greatest extent feasible); WF workforce (K-12 schools closed); GATH events (all gatherings prohibited)
Grade
Primary source read
Days in this quarter
8

All individuals present within the County of Dane are encouraged to stay at home... Non-essential business. All non-essential businesses may only operate as authorized in Section 12, Minimum Basic Operations.... All businesses, including Essential Businesses and Operations, shall: 1. To the greatest extent feasible, use technology to avoid meeting in person, including virtual meetings, teleconference, and remote work (i.e. work from home).... All public and private gatherings of any number of people that are not part of a single household or living unit are prohibited... Restaurants shall close, except... for food take-out or delivery service... Food and drink may not be consumed on premises, either indoors or outdoors.... This Order shall become effective at 8:00 a.m. on May 19, 2020.

Enforcement: Wis. Stat. § 252.03 (order); § 252.25 penalties and local ordinance forfeitures apply as recited in the March 2020 orders

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #2 (May 18, 2020) (Ex. MET-MKE-005) Open the exhibit

Ex. MET-MKE-003
Safer at Home Order of Public Health Madison & Dane County (adopting and incorporating DHS Emergency Order #12)

Safer at Home Order

Public Health Officer of Madison and Dane County (Public Health Madison & Dane County), Dane County and City of Madison, Wisconsin (County)

Dates
In force from Mar. 25, 2020 to Apr. 24, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering capTravel and quarantineSchools and child care
Functions reached
CB customer base under stay-home; SF premises closed to the public (non-essential); OP offices (work from home); WF workforce (schools and child care limits); GATH events
Grade
Primary source read
Days in this quarter
31

On March 24, 2020, at the direction of Governor Tony Evers, the Secretary-designee of the Wisconsin Department of Health Services issued Emergency Order #12, SAFER AT HOME ORDER, a copy of which is attached hereto and fully incorporated herein. That Order is effective at 8:00 a.m. on Wednesday, March 25, 2020 and will remain in effect until 8:00 a.m. on Friday, April 24, 2020, or until a superseding order is issued.

Enforcement: Crime punishable by fine, imprisonment, or both (Wis. Stats. §§ 252.03 & 252.25) and a violation of Dane County Ordinance § 46.25(1) and Madison General Ordinance § 7.05(6) punishable by forfeiture (recited)

Citation: Public Health Officer of Madison and Dane County (Public Health Madison & Dane County), Safer at Home Order of Public Health Madison & Dane County (adopting and incorporating DHS Emergency Order #12) (Mar. 25, 2020) (Ex. MET-MKE-003) Open the exhibit

Ex. MET-MKE-030
Order of the City of Milwaukee Commissioner of Health Imposing a City-Wide 'Stay-At-Home' Requirement to Mitigate the Spread of COVID-19 (signed March 23, 2020)

City-wide Stay-At-Home Order

Jeanette Kowalik, PhD, MPH, MCHES, Commissioner of Health, City of Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from Mar. 25, 2020 to May 14, 2020 (issued Mar. 23, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering capTravel and quarantineSchools and child care
Functions reached
CB customer base under stay-home; SF premises closed to the public (non-essential); OP offices (work from home permitted; on-site activity prohibited); TR travel prohibited except essential; GATH gatherings prohibited; WF workforce (schools for non-instructional purposes only; child care per DHS Emergency Order #6)
Grade
Primary source read
Days in this quarter
51

all individuals currently living within the City of Milwaukee ('City') are ordered to stay at home or at their place of residence.... Non-essential business and operations must cease. All businesses with a facility in the City, except Essential Businesses and Operations as defined below, are required to cease all activities at facilities located within the City except Minimum Basic Operations... All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited... All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile, or public transit, except Essential Travel and Essential Activities as defined below, is prohibited.... This Order shall become effective at 12:01 a.m. on March 25, 2020

Enforcement: Wis. Stat. § 252.03 (order); § 252.25 penalties

Citation: Jeanette Kowalik, PhD, MPH, MCHES, Commissioner of Health, City of Milwaukee Health Department, Order of the City of Milwaukee Commissioner of Health Imposing a City-Wide 'Stay-At-Home' Requirement to Mitigate the Spread of COVID-19 (signed March 23, 2020) (Mar. 23, 2020) (Ex. MET-MKE-030) Open the exhibit

Ex. MET-MKE-074
Moving Milwaukee Forward Order #1, COVID-19 Public Health Plan for the City of Milwaukee ('Milwaukee Safe at Home') (May 14, 2020)

Moving Milwaukee Forward Order #1 (Milwaukee Safe at Home)

City of Milwaukee, acting through its Commissioner of Health (Jeanette Kowalik), City of Milwaukee, Wisconsin (City)

Dates
In force from May 14, 2020 to May 21, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering capSchools and child care
Functions reached
CB customer base under stay-home; SF premises closed (non-essential)
Grade
Confirmed from a secondary source
Days in this quarter
8

Citation: City of Milwaukee, acting through its Commissioner of Health (Jeanette Kowalik), Moving Milwaukee Forward Order #1, COVID-19 Public Health Plan for the City of Milwaukee ('Milwaukee Safe at Home') (May 14, 2020) (Ex. MET-MKE-074)

Ex. MET-MKE-075
Moving Milwaukee Forward Order #2, COVID-19 Public Health Plan for the City of Milwaukee (Phase 2) (May 21, 2020)

Moving Milwaukee Forward Order #2 (Phase 2)

City of Milwaukee, acting through its Commissioner of Health, City of Milwaukee, Wisconsin (City)

Dates
In force from May 21, 2020 to June 4, 2020
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capSchools and child care
Functions reached
SF retail 25 percent with safe business practices; DR dining rooms (take-out and delivery; limited reopening per table)
Grade
Confirmed from a secondary source
Days in this quarter
15

Citation: City of Milwaukee, acting through its Commissioner of Health, Moving Milwaukee Forward Order #2, COVID-19 Public Health Plan for the City of Milwaukee (Phase 2) (May 21, 2020) (Ex. MET-MKE-075)

Ex. MET-MKE-054
Moving Milwaukee Forward, Phased Re-Opening Plan for the City of Milwaukee, full table (June 4, 2020)

Moving Milwaukee Forward Phased Re-Opening Plan (full table, June 4, 2020)

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from June 4, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering capSchools and child care
Functions reached
SF retail 25 percent (Phase 3); DR dining rooms 25 percent (Phase 3), 50 percent (Phase 4); all sectors by phase
Grade
Primary source read
Days in this quarter
27 (in force on the last day)

SAFER AT HOME: Governor's Emergency Order #28, March 24, 2020... MILWAUKEE SAFE AT HOME: Issued on May 14, 2020 - Overridden by Phase 2 on May 21, 2020... PHASE 2: MOVING MILWAUKEE FORWARD: Issued on May 21, 2020... UPDATED PHASE 2... PHASE 3: When all Gating Criteria are met... Restaurants and Bars: take-out and delivery [Safer at Home and Phase 1]... capacity of 25% [Phase 3]... capacity of 50% [Phase 4]

Enforcement: n/a

Citation: Milwaukee Health Department, Moving Milwaukee Forward, Phased Re-Opening Plan for the City of Milwaukee, full table (June 4, 2020) (Ex. MET-MKE-054) Open the exhibit

Ex. MET-MKE-002
Order Imposing a Countywide Moratorium on Mass Gatherings of 50 or More People

Countywide moratorium on mass gatherings of 50 or more people to mitigate the spread of COVID-19

Public Health Officer of Madison and Dane County (Public Health Madison & Dane County), Dane County and City of Madison, Wisconsin (County)

Dates
In force from Mar. 16, 2020 to Mar. 25, 2020 (issued Mar. 15, 2020)
Quarters
2020 Q2
Limitations
Capacity limitGathering capHealth care ordersEvents and venues
Functions reached
GATH events; EVT venues, theaters, worship; CB customer base (restaurants at 50 percent of seating); VS long-term care visitation restricted to compassionate care; WF workforce (schools closed for instruction)
Grade
Primary source read
Days in this quarter
10

Effective as of 12:01 a.m. on Monday, March 16, 2020, and continuing until further notice, public and private Mass Gatherings, defined below, are hereby prohibited in the City of Madison and Dane County.... a 'Mass Gathering' is any event or convening... that brings together or is likely to bring together fifty (50) or more people in a single room or single confined or enclosed space at the same time, such as... public schools, private schools, charter schools, an auditorium, stadium, arena, conference room, meeting hall, theater, movie theater, exhibition center, museum, taverns, health/fitness and recreational centers, licensed pools, place of worship...

Enforcement: Crime punishable by fine, imprisonment, or both (Wis. Stats. §§ 252.03, 252.25) (recited)

Citation: Public Health Officer of Madison and Dane County (Public Health Madison & Dane County), Order Imposing a Countywide Moratorium on Mass Gatherings of 50 or More People (Mar. 15, 2020) (Ex. MET-MKE-002) Open the exhibit

Ex. MET-MKE-028
COVID-19 Order Restricting Food and Beverage Sales, Version 1

COVID-19 Order Restricting Food and Beverage Sales in the Cities and Villages of Milwaukee, Bayside, Brown Deer, Fox Point, Glendale, River Hills, Shorewood, Whitefish Bay, Cudahy, South Milwaukee, and St. Francis

Public Health Officers of the Health Departments of Milwaukee City, North Shore, Cudahy, South Milwaukee and St. Francis, in coordination with their Mayors and Village Presidents and the Milwaukee County Executive, Cities and Villages of Milwaukee, Bayside, Brown Deer, Fox Point, Glendale, River Hills, Shorewood, Whitefish Bay, Cudahy, South Milwaukee and St. Francis (Milwaukee County), Wisconsin (City)

Dates
In force from Mar. 17, 2020 to Mar. 25, 2020 (issued Mar. 16, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering capAlcohol and bars
Functions reached
DR dining rooms closed; BA bars closed; TO takeout and delivery only; BQ banquets (weddings and funerals capped at 50 by the State's order); KT kitchens and food supply
Grade
Primary source read
Days in this quarter
9

Effective as of 2:01 a.m. on Tuesday, March 17, 2020, and continuing until further notice, food and beverage service is restricted... Liquor, beer and wine sales in Milwaukee County and its municipalities are restricted to carry-out sales and delivery only, to the extent permitted by law. No onsite consumption is permitted.... Food and beverage sales are restricted to carry-out and delivery only. No onsite consumption is permitted.

Enforcement: Wis. Stat. § 252.03 (order); penalties under § 252.25

Citation: Public Health Officers of the Health Departments of Milwaukee City, North Shore, Cudahy, South Milwaukee and St. Francis, in coordination with their Mayors and Village Presidents and the Milwaukee County Executive, COVID-19 Order Restricting Food and Beverage Sales, Version 1 (Mar. 16, 2020) (Ex. MET-MKE-028) Open the exhibit

Ex. MET-MKE-007
Emergency Order #4

Emergency Order #4 (amending Forward Dane Phase 1)

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from June 5, 2020 to June 15, 2020
Quarters
2020 Q2
Limitations
Capacity limitGathering capSchools and child careWorkplace rules
Functions reached
SF sales floor 25 percent; DR dining rooms 25 percent; EVT venues 25 percent; WF workforce (schools closed)
Grade
Primary source read
Days in this quarter
11

A Mass Gathering inside a commercial facility is permitted with [fifty (50)]... Indoor dine-in capacity to 25% of approved seating levels... Limit capacity to 25% of approved capacity levels... Public and private K-12 schools shall remain closed for pupil instruction... This Order shall become effective immediately.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #4 (June 5, 2020) (Ex. MET-MKE-007) Open the exhibit

Ex. MET-MKE-076
Moving Milwaukee Forward Order #3, COVID-19 Public Health Plan for the City of Milwaukee (Phase 3) (early June 2020)

Moving Milwaukee Forward Order #3 (Phase 3)

City of Milwaukee, acting through its Commissioner of Health, City of Milwaukee, Wisconsin (City)

Dates
In force from June 5, 2020 to July 1, 2020
Quarters
2020 Q2
Limitations
Capacity limitGathering capFace-covering requirementSchools and child care
Functions reached
SF retail 25 percent or one per 30 square feet; DR dining rooms 25 percent; WS worship 25 percent; FC gyms 25 percent; EC child care 50 percent; IN schools closed
Grade
Confirmed from a secondary source
Days in this quarter
26 (in force on the last day)

Citation: City of Milwaukee, acting through its Commissioner of Health, Moving Milwaukee Forward Order #3, COVID-19 Public Health Plan for the City of Milwaukee (Phase 3) (early June 2020) (June 5, 2020) (Ex. MET-MKE-076)

Ex. MET-MKE-008
Emergency Order #5 (Forward Dane Phase 2)

Emergency Order #5, Forward Dane Phase 2

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from June 15, 2020 to June 25, 2020 (issued June 12, 2020)
Quarters
2020 Q2
Limitations
Capacity limitGathering capSchools and child careEvents and venuesWorkplace rules
Functions reached
SF sales floor 50 percent; DR dining rooms 50 percent; MK meetings, trainings and conferences capped at 50 indoors; FC fitness 50 percent; EVT venues 50 percent; SP sports (low, medium and high risk rules)
Grade
Primary source read
Days in this quarter
11

A Mass Gathering inside is permitted with fifty (50) individuals or less not including employees.... A Mass Gathering outside is permitted with one hundred (100) individuals or less not including employees.... Indoor dine-in capacity to 50% of approved seating capacity... Limit capacity to 50% of approved capacity levels.... Meetings, trainings, and conferences are considered Mass Gatherings... Public and private K-12 schools are open for pupil instruction and extracurricular activities as of July 1, 2020.... This Order shall become effective Monday, June 15 at 8:00 a.m.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #5 (Forward Dane Phase 2) (June 12, 2020) (Ex. MET-MKE-008) Open the exhibit

Ex. MET-MKE-055
Media release: The City of Milwaukee is still in Phase 3 of its COVID-19 Orders (June 19, 2020)

Phase 3 status update

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from June 19, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Capacity limitGathering cap
Functions reached
WS worship 25 percent; FC gyms 25 percent; EC child care 50 percent; DR dining rooms 25 percent
Grade
Primary source read
Days in this quarter
12 (in force on the last day)

On May 15, 2020, the City of Milwaukee Health Department issued a public health and safety order 'Moving Milwaukee Forward.'... we will need to remain in Phase 3 for another 7 days.... Faith based gatherings - Must be the lesser of the three: 1) 25% of the total occupancy of the location... Gyms and Athletic Centers - Must be the lesser of the three: 1) 25%... Child Care Settings including Youth Programs - 50% capacity

Enforcement: n/a

Citation: Milwaukee Health Department, Media release: The City of Milwaukee is still in Phase 3 of its COVID-19 Orders (June 19, 2020) (Ex. MET-MKE-055) Open the exhibit

Ex. MET-MKE-009
Emergency Order #6

Emergency Order #6 (amending Forward Dane Phase 2)

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from June 25, 2020 to July 2, 2020
Quarters
2020 Q22020 Q3
Limitations
Capacity limitGathering capSchools and child careWorkplace rules
Functions reached
SF sales floor 50 percent; DR dining rooms 50 percent; GATH events 50 indoors / 100 outdoors
Grade
Primary source read
Days in this quarter
6 (in force on the last day)

A Mass Gathering inside a commercial facility is permitted with fifty (50) individuals or less not including employees.... A Mass Gathering outside is permitted with one hundred (100) individuals or less not including employees.... Indoor dine-in capacity to 50% of approved seating capacity... This Order shall become effective Thursday, June 25 at 10:00 p.m.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #6 (June 25, 2020) (Ex. MET-MKE-009) Open the exhibit

Ex. MET-MKE-001
Order of the Public Health Officer of Madison and Dane County Imposing a Countywide Moratorium on Mass Gatherings of 250 or More People

Countywide moratorium on mass gatherings of 250 or more people to mitigate the spread of COVID-19

Janel Heinrich, Public Health Officer of Madison and Dane County (Public Health Madison & Dane County), Dane County and City of Madison, Wisconsin (County)

Dates
In force from Mar. 13, 2020 to Mar. 14, 2020
Quarters
2020 Q2
Limitations
Gathering capEvents and venues
Functions reached
GATH events; EVT venues and performances; MK marketing events; CB customer base
Grade
Primary source read
Days in this quarter
2 (in force on the first day)

Effective as of 5:00 p.m. on Friday, March 13, 2020, and continuing until further notice, public and private Mass Gatherings... are hereby prohibited in the City of Madison and Dane County.

Enforcement: Violation of or failure to comply with this Order is a crime punishable by fine, imprisonment, or both (Wis. Stats. §§ 252.03, 252.25) (recited in the order)

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County (Public Health Madison & Dane County), Order of the Public Health Officer of Madison and Dane County Imposing a Countywide Moratorium on Mass Gatherings of 250 or More People (Mar. 13, 2020) (Ex. MET-MKE-001) Open the exhibit

Ex. MET-MKE-029
Press release: Eleven Milwaukee County Municipalities Restrict Food and Beverage Sales in Latest Effort to Protect Public Health

Eleven Milwaukee County Municipalities Restrict Food and Beverage Sales; Emergency Order goes into effect Tuesday, March 17

Milwaukee County Executive Chris Abele (press office) on behalf of eleven municipal leaders, Milwaukee County, Wisconsin (County)

Dates
In force from Mar. 17, 2020 to June 30, 2020 (issued Mar. 16, 2020)
Quarters
2020 Q2
Limitations
Business closureAlcohol and bars
Functions reached
DR dining rooms closed; BA bars closed
Grade
Primary source read
Days in this quarter
106 (in force on the last day)

Eleven Milwaukee County Municipal Leaders, supported by Milwaukee County Executive Chris Abele, issued an Emergency Order to close bars and restaurants in their jurisdictions to in-house patrons, effective on Tuesday, March 17, 2020 and until further notice.

Enforcement: n/a

Citation: Milwaukee County Executive Chris Abele (press office) on behalf of eleven municipal leaders, Press release: Eleven Milwaukee County Municipalities Restrict Food and Beverage Sales in Latest Effort to Protect Public Health (Mar. 16, 2020) (Ex. MET-MKE-029) Open the exhibit

Ex. MET-MKE-045
Metro Transit COVID-19 Updates (page as captured Mar. 22, 2020)

Metro Transit: 15-passenger capacity limit, Saturday schedules seven days a week, rear-door exit

City of Madison Metro Transit, City of Madison, Wisconsin (Metro Transit) (City)

Dates
In force from Mar. 18, 2020 to July 13, 2020
Quarters
2020 Q22020 Q3
Limitations
Capacity limitTravel and quarantine
Functions reached
WF workforce commuting (fifteen riders per bus); TR travel; CRT City public-facing counters closed
Grade
Primary source read
Days in this quarter
105 (in force on the last day)

Beginning Wednesday, March 18, 2020, capacity on all Metro Transit fixed-route buses will be limited to 15 passengers plus the driver.... Exit the bus through the rear doors.... Starting Monday, March 23, Metro will operate SATURDAY schedules all 7 days of the week.... Routes 81 and 82 will not operate.... Most public-facing services at City facilities such as walk-up counters and other public spaces will close

Enforcement: Operator policy

Citation: City of Madison Metro Transit, Metro Transit COVID-19 Updates (page as captured Mar. 22, 2020) (Mar. 18, 2020) (Ex. MET-MKE-045) Open the exhibit

Ex. MET-MKE-051
News release: County Executive, Madison Mayor: Coronavirus Spreading, Everyone Needs to Isolate Now (Mar. 27, 2020)

Coronavirus Spreading, Everyone Needs to Isolate Now

Dane County Executive Joe Parisi and Madison Mayor Satya Rhodes-Conway, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Mar. 27, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeQuarantine and isolation
Functions reached
CB customer base under stay-home; WF workforce (isolation and quarantine)
Grade
Primary source read
Days in this quarter
96 (in force on the last day)

Dane County and the City of Madison encourage all residents to follow Governor Evers Safer at Home order and stay home, as well as Public Health Madison & Dane County's recommendations to monitor themselves for symptoms... and isolate themselves from others if they [develop symptoms].... What is available is guidance for minimizing contact, quarantine orders, and isolation procedures.

Enforcement: n/a

Citation: Dane County Executive Joe Parisi and Madison Mayor Satya Rhodes-Conway, News release: County Executive, Madison Mayor: Coronavirus Spreading, Everyone Needs to Isolate Now (Mar. 27, 2020) (Ex. MET-MKE-051) Open the exhibit

Ex. MET-MKE-042
March 19: MCTS Update on Coronavirus or COVID-19

MCTS service reduction to Saturday schedules; Freeway Flyer suspension; administration building closed

Milwaukee County Transit System, Milwaukee County, Wisconsin (Milwaukee County Transit System) (County)

Dates
In force from Mar. 19, 2020 to June 1, 2020
Quarters
2020 Q2
Limitations
Travel and quarantineCourts and public offices
Functions reached
WF workforce commuting (reduced frequency; Freeway Flyers to downtown suspended); TR travel
Grade
Primary source read
Days in this quarter
75

Due to the COVID-19 outbreak, MCTS buses that run on weekdays are now using a Saturday schedule. This reduction in service includes the suspension of all Freeway Flyer routes.... MCTS is closing its MCTS Administration Building... to visitors effective at 4:30 p.m. on March 19, 2020, lasting until further notice.... non-essential bus travel should be limited until further notice during this health emergency.

Enforcement: Operator policy

Citation: Milwaukee County Transit System, March 19: MCTS Update on Coronavirus or COVID-19 (Mar. 19, 2020) (Ex. MET-MKE-042) Open the exhibit

Ex. MET-MKE-050
News release: City of Madison Actions on Coronavirus: Updated March 24 (2020)

City of Madison Actions on Coronavirus, Updated March 24

City of Madison (Mayor's Office), City of Madison, Wisconsin (City)

Dates
In force from Mar. 24, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Courts and public officesOther
Functions reached
CRT public offices and libraries closed; CB customer base
Grade
Primary source read
Days in this quarter
99 (in force on the last day)

EMERGENCY ORDERS: On Tuesday, March 17, Governor Evers issued [the mass-gathering and bar and restaurant order]... our public libraries are closed. Library book drops will be closed... we have moved to curbside early voting

Enforcement: n/a

Citation: City of Madison (Mayor's Office), News release: City of Madison Actions on Coronavirus: Updated March 24 (2020) (Mar. 24, 2020) (Ex. MET-MKE-050) Open the exhibit

Ex. MET-MKE-071
city.milwaukee.gov/MMFS index page (May 30, 2020 capture) listing 'Moving Milwaukee Forward - Order #1 COVID-19 Public Health Plan for the City of Milwaukee' (May 14, 2020: 'City of Milwaukee Releases New Order') and 'Moving Milwaukee Forward - Order #2' (May 21-22, 2020) and a May 29, 2020 update

Moving Milwaukee Forward Safely page

City of Milwaukee (Moving Milwaukee Forward Safely web page, as captured May 30, 2020), City of Milwaukee, Wisconsin (City)

Dates
In force from May 30, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Other
Functions reached
n/a (index)
Grade
Confirmed from a secondary source
Days in this quarter
32 (in force on the last day)

May 14, 2020: City of Milwaukee Releases New Order... Moving Milwaukee Forward - Order #1 COVID-19 Public Health Plan for the City of Milwaukee... May 21-22, 2020: Moving Milwaukee Forward - Order #2 COVID-19 Public Health Plan for the City of Milwaukee... May 29, 2020

Enforcement: n/a

Citation: City of Milwaukee (Moving Milwaukee Forward Safely web page, as captured May 30, 2020), city.milwaukee.gov/MMFS index page (May 30, 2020 capture) listing 'Moving Milwaukee Forward - Order #1 COVID-19 Public Health Plan for the City of Milwaukee' (May 14, 2020: 'City of Milwaukee Releases New Order') and 'Moving Milwaukee Forward - Order #2' (May 21-22, 2020) and a May 29, 2020 update (Ex. MET-MKE-071) Open the exhibit

Ex. MET-MKE-043
MCTS to Resume Fare Collection on June 1 (release of May 26, 2020)

Resumption of fare collection; front-door boarding restored; masks recommended

Milwaukee County Transit System, Milwaukee County, Wisconsin (Milwaukee County Transit System) (County)

Dates
In force from June 1, 2020 to June 30, 2020 (issued May 26, 2020)
Quarters
2020 Q2
Limitations
Face-covering requirementTravel and quarantine
Functions reached
TR travel; WF commuting
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

the Milwaukee County Transit System (MCTS) announced today that it will resume fare [collection]... starting at 4:00 a.m. on June 1, 2020. MCTS is recommending that riders who are medically able wear a face mask or face covering... Riders should enter through the front door, pay the fare and then move away from the farebox and the driver.... Milwaukee County projects $100 million in lost revenues by the end of 2020.

Enforcement: Operator policy

Citation: Milwaukee County Transit System, MCTS to Resume Fare Collection on June 1 (release of May 26, 2020) (Ex. MET-MKE-043) Open the exhibit

Agencies, boards and authorities: Wisconsin

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015
WI DOC COVID-19 Announcements page (as archived Apr. 4, 2020)

Visits at all DOC institutions suspended Mar. 13, 2020; transfers from State-contracted county jail beds suspended Mar. 19, 2020; all admissions to State prisons and juvenile facilities suspended effective Mar. 23, 2020; institutions placed on suspended administrative rules (lockdown) after confirmed staff cases

Wisconsin Department of Corrections (Secretary Kevin A. Carr), Wisconsin Department of Corrections (Division of Adult Institutions); State level (State)

Dates
In force from Mar. 13, 2020 to Mar. 31, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Gathering capHealth care ordersOther
Functions reached
CB county jails and their vendors (populations retained); OP intake and transport; VS visitors; SC food-service and commissary (canteen policy changes)
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

On March 13, 2020, the Wisconsin Department of Corrections (DOC) temporarily suspended visits at all DOC institutions to minimize the risk of exposing staff, persons in our care, and the public to COVID-19.... Effective immediately, all transfers from state contracted county jail beds have been suspended until further notice... Effective March 23, 2020, all admissions to the state prisons and juvenile facilities operated by the Wisconsin Department of Corrections (DOC) are suspended, with exceptions for some essential transfers.

Enforcement: Departmental authority over admissions, transfers and visiting (Wis. Stat. § 301.03; Wis. Admin. Code DOC ch. 309)

Citation: Wisconsin Department of Corrections (Secretary Kevin A. Carr), WI DOC COVID-19 Announcements page (as archived Apr. 4, 2020) (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-008
WisDOT news release: Overweight permits for truckers hauling groceries extended (Mar. 26, 2020)

Overweight permits for truckers hauling groceries extended

Wisconsin Department of Transportation (implementing the Governor's declaration), Wisconsin (Department of Transportation; Governor's declaration) (State)

Dates
In force from Mar. 28, 2020 to Apr. 11, 2020 (issued Mar. 26, 2020)
Quarters
2020 Q2
Limitations
Supply chainOther
Functions reached
DR drivers and routes (grocery supply trucking under emergency permits); SC supply chain; DM permits
Grade
Primary source read
Days in this quarter
15

[WisDOT] announced a two-week extension for overweight permits that allow truckers to supply grocery stores... Approximately 50 fleet permits were issued, representing thousands of trucks carrying vital goods and supplies throughout Wisconsin. The permits had been set to expire March 28, 2020. The new order from the governor grants a two-week extension. An updated permit with the new end date (April 11, 2020), along with a copy of the new declaration, will be sent to the permit holders.

Enforcement: Governor's declaration under Wis. Stat. ch. 323 as implemented by WisDOT permits

Citation: Wisconsin Department of Transportation (implementing the Governor's declaration), WisDOT news release: Overweight permits for truckers hauling groceries extended (Mar. 26, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-008) Open the exhibit

Ex. AGY-ST-UTILITIES-HOUSING-AG-069
2019 Wisconsin Act 185 (2019 Assembly Bill 1038)

An Act relating to the state government response to the 2019 novel coronavirus pandemic (COVID-19 Response Act)

Wisconsin Legislature; approved by Governor Tony Evers April 15, 2020, Wisconsin (Legislature; binding employers, insurers, retailers and the unemployment system) (State)

Dates
In force from Apr. 17, 2020; end: The 102.03(6) presumption applied to injuries 'during the public health… (issued Apr. 15, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Workplace rulesOther
Functions reached
SF and CB: every retailer of food, personal-care, cleaning and paper products barred from accepting returns during the emergency and 30 days after; HR and WF: first-responder and medical-treatment employers (presumptive compensability); personnel-record deadlines suspended for all employers; OP insurers' claims; UI waiting week waived; RT retail returns policies
Grade
Primary source read
Days in this quarter
75 (in force on the last day)

SECTION 32. 100.307 of the statutes is created to read: 100.307 Returns during emergency; prohibition.... (2) CERTAIN RETURNS PROHIBITED DURING EMERGENCY. Except as provided in sub. (3), no person who sells food products, personal care products, cleaning products, or paper products at retail may accept a return of a food product, personal care product, cleaning product, or paper product during the public health emergency declared on March 12, 2020, by executive order 72, or during the 30 days immediately after the public health emergency ends.... SECTION 33. 102.03 (6) of the statutes is created to read: 102.03 (6) (a) In this subsection, 'first responder' means an employee of or volunteer for an employer that provides fire fighting, law enforcement, or medical treatment of COVID-19, and who has regular, direct contact with, or is regularly in close proximity to, patients or other…

Enforcement: Wis. Stat. ch. 102 (Department of Workforce Development, Worker's Compensation Division); Wis. Stat. 100.26 (penalties under ch. 100); ch. 108 (UI)

Citation: Wisconsin Legislature; approved by Governor Tony Evers April 15, 2020, 2019 Wisconsin Act 185 (2019 Assembly Bill 1038) (Apr. 15, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-069) Open the exhibit

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

Federal layer

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332
General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-333
General Order 72-6

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

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

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

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

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

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

Enforcement: same as FED-027

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

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202
Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203
Proclamation 9996

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

President Donald J. Trump, United States (Federal)

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

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

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311
Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367
Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

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

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

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

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

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

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

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

Ex. FED-070
Executive Order 13909

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

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

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

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

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

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

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

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

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

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

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

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

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

Enforcement: order of the Court

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

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

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

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

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

Enforcement: USDA program requirements

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

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: 42 U.S.C. § 271

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

Ex. FED-132
FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)

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

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

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

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

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

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

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

ExhibitCitationDatesLimitations
Ex. FED-192The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)In force from Apr. 16, 2020 to Sept. 30, 2020Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-097CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)In force from Mar. 13, 2020 to Sept. 17, 2020Business closureGathering capHealth care orders
Ex. FED-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-027Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)In force from Mar. 14, 2020 to Dec. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-391U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)In force from Mar. 23, 2020 to Sept. 30, 2020Business closureCourts and public offices
Ex. FED-028Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)Business closureTravel and quarantineEvents and venues
Ex. FED-398U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-393U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)Business closure
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders

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

State of Wisconsin

Ex. WI-008
Executive Order #82

Relating to Declaring a Public Health Emergency

Governor Tony Evers, Wisconsin (State)

Dates
In force from July 30, 2020 to Sept. 28, 2020
Quarters
2020 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
61

1. Proclaim that a public health emergency, as defined in Section 323.02(16) of the Wisconsin Statutes, exists for the State of Wisconsin. 2. Designate the Department of Health Services as the lead agency to respond to the public health emergency and direct the Department to take all necessary and appropriate measures to prevent and respond to COVID-19.... 5. Pursuant to Section 323.10 of the Wisconsin Statutes, this Public Health Emergency shall remain in effect for 60 days, or until it is revoked by the Governor or by joint resolution of the Wisconsin State Legislature.

Enforcement: Predicate for DHS Emergency Order #1 (face coverings)

Citation: Governor Tony Evers, Executive Order #82 (July 30, 2020) (Ex. WI-008) Open the exhibit

Ex. WI-010
Executive Order #90

Relating to Declaring a Public Health Emergency

Governor Tony Evers, Wisconsin (State)

Dates
In force from Sept. 22, 2020 to Nov. 21, 2020
Quarters
2020 Q32020 Q4
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
9 (in force on the last day)

1. Proclaim that a public health emergency, as defined in Section 323.02(16) of the Wisconsin Statutes, exists for the State of Wisconsin. 2. Designate the Department of Health Services as the lead agency... 5. Pursuant to Section 323.10 of the Wisconsin Statutes, this Public Health Emergency shall remain in effect for 60 days, or until it is revoked by the Governor or by joint resolution of the Wisconsin State Legislature.

Enforcement: Predicate for DHS Emergency Orders #1 (face coverings) and #3 (public gatherings)

Citation: Governor Tony Evers, Executive Order #90 (Sept. 22, 2020) (Ex. WI-010) Open the exhibit

Ex. WI-011
Emergency Order #1 (September 22, 2020)

Relating to Requiring Face Coverings

Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #90, Wisconsin (State)

Dates
In force from Sept. 22, 2020 to Nov. 21, 2020
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF; OF; DR/BA; TR; FC/PE; WS
Grade
Primary source read
Days in this quarter
9 (in force on the last day)

2. FACE COVERING REQUIRED. Every individual, age five and older, in Wisconsin shall wear a face covering if both of the following apply: a. The individual is indoors or in an enclosed space, other than at a private residence; and b. Another person or persons who are not members of individual's household or living unit are present in the same room or enclosed space.... 6. LOCAL ORDERS. This Order supersedes any local order that is less restrictive.... 9. DURATION. This Order shall enter into effect immediately. This Order shall expire on November 21, 2020, or by a subsequent superseding emergency order.

Enforcement: Section 7: civil forfeiture of not more than $200, Wis. Stat. 323.28

Citation: Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #90, Emergency Order #1 (September 22, 2020) (Sept. 22, 2020) (Ex. WI-011) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. WI-039Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039)In force from Mar. 1, 2020 to Sept. 30, 2021Gathering capQuarantine and isolationOther
Ex. WI-040Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040)In force from Mar. 1, 2020 to Sept. 30, 2021Emergency declarationOther
Ex. WI-025Wisconsin Supreme Court (administrative and superintending authority, Wis. Const. art. VII, § 3), Order, In re the Matter of Jury Trials During the COVID-19 Pandemic (Mar. 22, 2020) (Ex. WI-025)In force from Mar. 22, 2020 to Sept. 30, 2020Courts and public offices
Ex. WI-043Wisconsin Supreme Court, Amended Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Apr. 15, 2020) (Ex. WI-043)In force from Apr. 15, 2020 to May 21, 2021Courts and public offices
Ex. WI-027Wisconsin Supreme Court, Order, In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings During the COVID-19 Pandemic (May 22, 2020) (Ex. WI-027)In force from May 22, 2020 to Oct. 1, 2020Face-covering requirementCourts and public officesWorkplace rules

Milwaukee and Madison

Ex. MET-MKE-058
Moving Milwaukee Forward Phased Re-Opening Plan, full table (June 25, 2020) (Phase 4 version)

Moving Milwaukee Forward Phased Re-Opening Plan (full table, June 25, 2020)

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from June 25, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Capacity limitGathering cap
Functions reached
SF retail 50 percent; DR dining rooms 50 percent; all sectors by phase
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

MILWAUKEE SAFE AT HOME: Issued on May 14, 2020 - Overridden by Phase 2 on May 21, 2020... Retail... capacity of 50% or 1 person for every 30 [square feet] [Phase 4]

Enforcement: n/a

Citation: Milwaukee Health Department, Moving Milwaukee Forward Phased Re-Opening Plan, full table (June 25, 2020) (Phase 4 version) (Ex. MET-MKE-058) Open the exhibit

Ex. MET-MKE-056
Order #4, COVID-19 Public Health Plan for the City of Milwaukee (June 26, 2020) (Moving Milwaukee Forward Safely Phase 4)

Order #4, COVID-19 Public Health Plan for the City of Milwaukee

City of Milwaukee, acting through its Commissioner of Health (Jeanette Kowalik, Commissioner), City of Milwaukee, Wisconsin (City)

Dates
In force from July 1, 2020 to July 31, 2020 (issued June 26, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Functions reached
GATH lesser of 50 percent / one per 30 square feet / 250; DR dining rooms and BA bars 50 percent (waivable with approved plan); LG hotels 50 percent; IN schools closed for in-person instruction; EMP distancing, hygiene, exposure policies
Grade
Primary source read
Days in this quarter
31 (in force on the first day)

the City of Milwaukee, acting through its Commissioner of Health immediately orders the following until further notice:... Gathering Size Limits are set at the lesser of: (i) 50% of the total occupancy of the location established by the City of Milwaukee, if any, (ii) one person for every 30 square feet of floor space open to the public, or (iii) 250 people, which is based on the CDC recommendations to cancel large gatherings of over 250 individuals.... The limitation related to 50% of the total occupancy of the location contained within Gathering Size Limits may be waived for an individual establishment upon approval [of a safety plan]... Schools: Public and private K-12 schools shall remain closed for in-person pupil instruction and extracurricular activities until further notice.

Enforcement: Citations under Milwaukee Code of Ordinances chs. 17 and 62

Citation: City of Milwaukee, acting through its Commissioner of Health (Jeanette Kowalik, Commissioner), Order #4, COVID-19 Public Health Plan for the City of Milwaukee (June 26, 2020) (Moving Milwaukee Forward Safely Phase 4) (Ex. MET-MKE-056) Open the exhibit

Ex. MET-MKE-057
Media release: The City of Milwaukee Moves Forward into Phase 4 of its COVID-19 Orders (June 26, 2020)

Phase 4 effective July 1, 2020

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from July 1, 2020 to Sept. 30, 2020 (issued June 26, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering cap
Functions reached
WS worship 50 percent; LG hotels 50 percent; AM pools and exercise facilities capped; DR dining rooms 50 percent
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

The data has been evaluated and the criteria has been met to move to Phase 4 which will take effect at 12:01 am on Wednesday, July 1st. We will remain in this phase for a minimum of 14 days... Faith based gatherings - Must be the lesser of the three: 1) 50% of the total occupancy... Hotels/Motels - 50% capacity; Pools, hot tubs, and exercise facilities are limited to the lesser [of the three]

Enforcement: n/a

Citation: Milwaukee Health Department, Media release: The City of Milwaukee Moves Forward into Phase 4 of its COVID-19 Orders (June 26, 2020) (Ex. MET-MKE-057) Open the exhibit

Ex. MET-MKE-010
Emergency Order #7

Emergency Order #7 (bars closed to indoor service; gatherings 10 indoors and 25 outdoors)

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from July 2, 2020 to July 13, 2020 (issued July 1, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capAlcohol and barsWorkplace rules
Functions reached
BA bars closed to indoor customers; DR dining rooms 25 percent; GATH events 10 indoors / 25 outdoors; MK meetings and conferences capped; BQ banquets and weddings capped
Grade
Primary source read
Days in this quarter
12

A Mass Gathering inside any property is permitted with ten (10) individuals or less not including employees.... A Mass Gathering outside is permitted with twenty-five (25) individuals or less not including employees.... At restaurants, limit indoor dine-in capacity to 25% of approved seating capacity... Customers may enter taverns only for the purposes of ordering, pick-up, and payment of food or beverage or while in transit.... This Order shall become effective Thursday, July 2, 2020 at 8:00 a.m. This Order shall remain in effect until further notice.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #7 (July 1, 2020) (Ex. MET-MKE-010) Open the exhibit

Ex. MET-MKE-011
Emergency Order #8

Emergency Order #8 (face coverings required; continued gathering and tavern limits)

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from July 13, 2020 to Aug. 24, 2020 (issued July 7, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rules
Functions reached
EMP employer rules (employee face coverings; posting); CB customer base (masking; gathering caps); BA bars closed to indoor customers; DR dining rooms 25 percent
Grade
Primary source read
Days in this quarter
43

Every individual, age five (5) and older, in Dane County must wear a face covering when... [in any enclosed building where other people, except for members of the person's own household or living unit, could be present]... A Mass Gathering inside any property is permitted with ten (10) individuals or less... A Mass Gathering outside is permitted with twenty-five (25) individuals or less... Limit indoor dine-in capacity to 25% of approved seating capacity... This Order shall become effective Monday, July 13, 2020 at 8:00 a.m. This Order shall remain in effect until further notice.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #8 (July 7, 2020) (Ex. MET-MKE-011) Open the exhibit

Ex. MET-MKE-060
Order #4.1, COVID-19 Public Health Plan for the City of Milwaukee (July 30, 2020)

Order #4.1, COVID-19 Public Health Plan for the City of Milwaukee

City of Milwaukee, acting through its Commissioner of Health, City of Milwaukee, Wisconsin (City)

Dates
In force from July 31, 2020 to Oct. 29, 2020 (issued July 30, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Functions reached
GATH lesser of 50 percent / one per 30 square feet / 250; DR dining rooms and BA bars 50 percent, Business COVID Safety Plan required to continue in-person dining (deadline Sept. 15, 2020 per Ex. MET-MKE-032); IN schools closed for in-person instruction until MHD-approved safety plan (Ex. MET-MKE-069); SL salons masked; EMP masking, distancing
Grade
Primary source read
Days in this quarter
62 (in force on the last day)

Gathering Size Limits are set at the lesser of: (i) 50% of the total occupancy of the location... (ii) one person for every 30 square feet... or (iii) 250 people... Use of a mask or cloth face covering in accordance with Section 62-8 of the Milwaukee Code of Ordinances... [Restaurants and bars] The limitation related to 50% of the total occupancy of the location contained within Gathering Size Limits may be waived for an individual establishment upon approval... [and establishments must] continue to work with the Milwaukee Health Department on the [establishment's] plan until such plan is approved... [Salons:] shall wear a mask or cloth face covering while in the business or facility.

Enforcement: Citations under Milwaukee Code of Ordinances chs. 17 and 62; face coverings 'shall only be enforced in the manner set forth in Section 62-8-5'

Citation: City of Milwaukee, acting through its Commissioner of Health, Order #4.1, COVID-19 Public Health Plan for the City of Milwaukee (July 30, 2020) (Ex. MET-MKE-060) Open the exhibit

Ex. MET-MKE-061
Moving Milwaukee Forward Safely full table (July 31, 2020) (Phase 4.1 version)

Moving Milwaukee Forward Safely full table, July 31, 2020

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from July 31, 2020 to Dec. 31, 2020
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering cap
Functions reached
all sectors by phase
Grade
Primary source read
Days in this quarter
62 (in force on the last day)

Enforcement: n/a

Citation: Milwaukee Health Department, Moving Milwaukee Forward Safely full table (July 31, 2020) (Phase 4.1 version) (Ex. MET-MKE-061) Open the exhibit

Ex. MET-MKE-062
Media release: Moving Milwaukee Forward Safely Phase 4.1 (July 31, 2020)

Phase 4.1 release

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from July 31, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirement
Functions reached
all sectors under Order #4.1
Grade
Primary source read
Days in this quarter
62 (in force on the last day)

Enforcement: n/a

Citation: Milwaukee Health Department, Media release: Moving Milwaukee Forward Safely Phase 4.1 (July 31, 2020) (Ex. MET-MKE-062) Open the exhibit

Ex. MET-MKE-012
Emergency Order #9

Emergency Order #9 (schools limited to in-person instruction for grades K-2; face coverings and gathering limits continued)

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Aug. 24, 2020 to Sept. 10, 2020 (issued Aug. 21, 2020)
Quarters
2020 Q3
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and bars
Functions reached
IN in-person instruction (grades 3-12 closed); WF workforce of every employer (children at home); EC child care and youth settings rules; GATH events 10 / 25; BA bars closed to indoor customers
Grade
Primary source read
Days in this quarter
18

Public and private school buildings and grounds are open for in-person student instruction for grades kindergarten through second (K-2) only. Even if open for in-person instruction, public and private schools must provide a virtual option for students in grades K-2.... This Order also continues the face covering requirements and limitations on taverns and mass gatherings for the reasons explained in Order 8.... This Order shall become effective Monday, August 24, 2020 at 12:01 a.m. This Order shall remain in effect until further notice.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #9 (Aug. 21, 2020) (Ex. MET-MKE-012) Open the exhibit

Ex. MET-MKE-013
Emergency Order #9 Amendment

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Sept. 2, 2020 to Nov. 18, 2020 (issued Sept. 1, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and bars
Functions reached
GATH events 10 / 25; DR dining rooms 25 percent; BA bars closed to indoor customers; EMP employer masking rules; WF workforce (schools)
Grade
Primary source read
Days in this quarter
29 (in force on the last day)

Face Covering Required. Every individual, age five (5) and older, shall... A Mass Gathering inside any property is permitted with ten (10) individuals or less not including employees.... A Mass Gathering outside is permitted with twenty-five (25) individuals or less... Limit indoor dine-in capacity to 25% of approved seating capacity... This Order shall become effective Wednesday, September 2, 2020 at 12:01 a.m. This Order shall remain in effect until further notice.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #9 Amendment (Sept. 1, 2020) (Ex. MET-MKE-013) Open the exhibit

Ex. MET-MKE-046
Mask Up Madison: Face Coverings Required to Ride (page as captured Aug. 4, 2020; update posted July 13, 2020)

Face coverings required on Metro; 20 passengers per bus

City of Madison Metro Transit (implementing PHMDC Emergency Order #8), City of Madison, Wisconsin (Metro Transit) (City)

Dates
In force from July 13, 2020 to Feb. 1, 2021
Quarters
2020 Q32020 Q42021 Q1
Limitations
Capacity limitFace-covering requirementTravel and quarantine
Functions reached
WF workforce commuting (twenty riders per bus; masks); TR travel
Grade
Primary source read
Days in this quarter
80 (in force on the last day)

COVID-19 Updates posted Monday, Jul. 13, 2020 - 5:00 am: Only 20 passengers allowed on the bus at one time. Everyone is required to wear a face covering onboard.... [Under Dane] County's Emergency Order #8, all Metro riders are required to wear a face covering while riding.... All Metro and City of Madison employees are required to wear face coverings when they can't practice social [distancing].

Enforcement: PHMDC order; operator policy

Citation: City of Madison Metro Transit (implementing PHMDC Emergency Order #8), Mask Up Madison: Face Coverings Required to Ride (page as captured Aug. 4, 2020; update posted July 13, 2020) (Ex. MET-MKE-046) Open the exhibit

Ex. MET-MKE-059
Media release: The City of Milwaukee Phase 4 Assessment Update, MKE Cares mask ordinance in effect and clarification on school openings (July 17, 2020)

Phase 4 assessment update; schools not permitted to hold in-person sessions

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from July 17, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Capacity limitFace-covering requirementSchools and child care
Functions reached
IN in-person instruction prohibited; WF workforce of every employer (children at home); AD admissions and tours
Grade
Primary source read
Days in this quarter
76 (in force on the last day)

[As] long as we remain in Phase 4, schools are not permitted to hold in person sessions. This pertains to any school that is located in the City of Milwaukee. Per the Phase 4 Order: 'Schools: Public and private K-12 schools shall remain closed for in-person pupil instruction and extracurricular activities until further notice. Schools may continue to facilitate distance or virtual learning.'

Enforcement: n/a

Citation: Milwaukee Health Department, Media release: The City of Milwaukee Phase 4 Assessment Update, MKE Cares mask ordinance in effect and clarification on school openings (July 17, 2020) (Ex. MET-MKE-059) Open the exhibit

Ex. MET-MKE-041
MCTS to Require Masks on Buses Starting August 1 (release of July 23, 2020)

MCTS mask requirement and passenger limits

Milwaukee County Transit System (operated by Milwaukee Transport Services, Inc. for Milwaukee County), Milwaukee County, Wisconsin (Milwaukee County Transit System) (County)

Dates
In force from Aug. 1, 2020 to Mar. 31, 2021 (issued July 23, 2020)
Quarters
2020 Q32020 Q42021 Q1
Limitations
Capacity limitFace-covering requirementTravel and quarantine
Functions reached
WF workforce commuting (ten passengers per bus); TR travel; CB customer base reaching businesses by transit
Grade
Primary source read
Days in this quarter
61 (in force on the last day)

masks or face coverings will be required on buses starting Saturday, August 1.... To help allow for social distancing, a maximum of 10 passengers are allowed on a bus.... Please enter the bus through the front door and exit via the rear door... The MCTS Administration Building is closed to visitors.

Enforcement: Operator policy; on-board signage

Citation: Milwaukee County Transit System (operated by Milwaukee Transport Services, Inc. for Milwaukee County), MCTS to Require Masks on Buses Starting August 1 (release of July 23, 2020) (Ex. MET-MKE-041) Open the exhibit

Ex. MET-MKE-065
Media release: Moving Milwaukee Forward Safely Business Update (Sept. 11, 2020)

Business update: safety plan and Risk Assessment Tool submissions under Order #4.1

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from Sept. 11, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Capacity limitWorkplace rules
Functions reached
DR dining rooms (plan approval condition); EMP written plans
Grade
Primary source read
Days in this quarter
20 (in force on the last day)

under our phase 4.1 order, restaurants and bars will be required to submit a safety plan and Risk [Assessment Tool]... All plans will be reviewed in the order that they have [been received]... we will provide monthly updates about businesses that have received citations and/or warnings

Enforcement: Citations and warnings (stated)

Citation: Milwaukee Health Department, Media release: Moving Milwaukee Forward Safely Business Update (Sept. 11, 2020) (Ex. MET-MKE-065) Open the exhibit

Ex. MET-MKE-032
Media release: The City of Milwaukee Phase 4.1 Order Update (Sept. 25, 2020)

Phase 4.1 Order Update

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from Sept. 25, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Capacity limitFace-covering requirementSchools and child careWorkplace rules
Functions reached
DR dining rooms (safety-plan approval condition); IN schools (safety-plan approval before any in-person option); EMP masking
Grade
Primary source read
Days in this quarter
6 (in force on the last day)

On May 15, 2020, the City of Milwaukee Health Department (MHD) issued a public health and safety order called 'Moving Milwaukee Forward.'... Today is the 8-week mark for Phase 4.1.... We will hold in phase 4.1... Masks are required per the MKE Cares mask ordinance, which went into effect on July 16, 2020... Under our phase 4.1 order, restaurants and bars are required to submit their Business COVID Safety Plan and fill out the Risk Assessment Tool to continue in person dining. (Deadline was 11:59 p.m. CT, September 15, 2020).

Enforcement: Complaints to MHD Consumer Environmental Health; citations (see Ex. MET-MKE-038)

Citation: Milwaukee Health Department, Media release: The City of Milwaukee Phase 4.1 Order Update (Sept. 25, 2020) (Ex. MET-MKE-032) Open the exhibit

Ex. MET-MKE-063
MKE Cares Mask Ordinance poster (July 16, 2020)

MKE Cares Mask Ordinance poster

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from July 16, 2020 to June 1, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirement
Functions reached
EMP posting; CB customer base masking
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

Enforcement: MCO § 62-8-5

Citation: Milwaukee Health Department, MKE Cares Mask Ordinance poster (July 16, 2020) (Ex. MET-MKE-063) Open the exhibit

Ex. MET-MKE-066
Common Council File No. 200426, Substitute 2: A substitute ordinance relating to a requirement for face coverings in public spaces during the COVID-19 pandemic (creating MCO §§ 62-1-11, 62-1-12 and 62-8) ('MKE Cares' mask ordinance)

A substitute ordinance relating to a requirement for face coverings in public spaces during the COVID-19 pandemic

Mayor and Common Council of the City of Milwaukee (Common Council File No. 200426, Substitute 2; sponsors Ald. Dimitrijevic, Zamarripa, Johnson, Kovac, Hamilton, Dodd, Perez and Lewis); certified by the City Clerk, City of Milwaukee, Wisconsin (City)

Dates
In force from July 16, 2020 to June 1, 2021 (issued July 13, 2020)
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF sales floors, DR dining rooms, FC fitness, SL salons, WS worship, OF offices open to the public (universal masking); EMP employer rules; CB customer base; WF workforce
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

62-8. Face Covering Requirements During the COVID-19 Pandemic. 1. MASK REQUIRED INDOORS. For the duration of the 'Moving Milwaukee Forward' health [and safety orders, every person age 3 and older shall have] possession of a face covering when the person leaves home or other place of residence and shall wear the face covering whenever the person is in a building open to the public. 2. MASK REQUIRED OUTDOORS. For the duration of the 'Moving Milwaukee Forward' health [and safety orders, every person shall have] possession of a face covering when the person leaves home or other place of residence and shall wear the face covering whenever the person is in an outdoor public space and within 6 feet of any [other person not a member of the household]. 3. MASK REQUIRED FOR CITY FACILITIES AND EMPLOYEES....

Enforcement: MCO § 62-8-5 (referenced by every Moving Milwaukee Forward Safely order as the exclusive enforcement path for face coverings); forfeitures under the City code

Citation: Mayor and Common Council of the City of Milwaukee (Common Council File No. 200426, Substitute 2; sponsors Ald. Dimitrijevic, Zamarripa, Johnson, Kovac, Hamilton, Dodd, Perez and Lewis); certified by the City Clerk, Common Council File No. 200426, Substitute 2: A substitute ordinance relating to a requirement for face coverings in public spaces during the COVID-19 pandemic (creating MCO §§ 62-1-11, 62-1-12 and 62-8) ('MKE Cares' mask ordinance) (July 13, 2020) (Ex. MET-MKE-066) Open the exhibit

Ex. MET-MKE-067
Media release: Milwaukee Cares Mask Ordinance to Go into Effect July 16 (July 14, 2020)

Milwaukee Cares Mask Ordinance to Go into Effect July 16

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from July 16, 2020 to Sept. 30, 2020 (issued July 14, 2020)
Quarters
2020 Q3
Limitations
Face-covering requirement
Functions reached
EMP masking rules; CB customer base
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

On July 13th, 2020, the Milwaukee Common Council adopted an ordinance requiring face coverings in public spaces, indoors and outdoors. The ordinance goes into effect July 16th and will be enforced throughout the duration of the Moving Milwaukee Forward health and safety order. The ordinance will remain in effect until the order is lifted.... Anyone ages three and older must wear a face covering when leaving place of residence.

Enforcement: MHD and City enforcement

Citation: Milwaukee Health Department, Media release: Milwaukee Cares Mask Ordinance to Go into Effect July 16 (July 14, 2020) (Ex. MET-MKE-067) Open the exhibit

Ex. MET-MKE-068
MKE Cares mask ordinance FAQ (July 14, 2020)

MKE Cares FAQ

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from July 16, 2020 to June 1, 2021 (issued July 14, 2020)
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Functions reached
EMP employer masking rules
Grade
Primary source read
Days in this quarter
77 (in force on the last day)

Enforcement: MCO § 62-8-5

Citation: Milwaukee Health Department, MKE Cares mask ordinance FAQ (July 14, 2020) (Ex. MET-MKE-068) Open the exhibit

Ex. MET-MKE-069
Milwaukee Health Department K-12 Reopening Guidance (Aug. 11, 2020), with the School Safety Assessment Checklist

MHD K-12 Reopening Guidance (2020-21 school year)

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from Aug. 11, 2020 to June 1, 2021
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Face-covering requirementSchools and child careWorkplace rules
Functions reached
IN in-person instruction conditioned on MHD approval; RL remote learning required as Phase A; WF workforce of every employer (children learning remotely); EC child care and youth settings
Grade
Primary source read
Days in this quarter
51 (in force on the last day)

Schools are required to submit two documents, a reopening plan as well as the completed MHD Safety Assessment Checklist for review and approval before beginning in-person learning with any phase... Each submitted plan is required to have a minimum of three phases of education. Phase A must allow for an all virtual/remote learning environment. Hybrid learning allows for in-person learning as a percentage of building occupancy which is determined by the current Moving Milwaukee Safely Order.... Per the Milwaukee Cares Mask ordinance - All person are required to wear face coverings when in public spaces... beginning at the age of 3 years old.

Enforcement: Approval revoked for non-compliance (Order #4.2 § 4(a))

Citation: Milwaukee Health Department, Milwaukee Health Department K-12 Reopening Guidance (Aug. 11, 2020), with the School Safety Assessment Checklist (Ex. MET-MKE-069) Open the exhibit

Ex. MET-MKE-026
James v. Heinrich, 2021 WI 58 (Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA) (decided June 11, 2021)

Sara Lindsey James v. Janel Heinrich; Wisconsin Council of Religious and Independent Schools v. Heinrich; St. Ambrose Academy v. Heinrich

Supreme Court of Wisconsin, Wisconsin (Dane County orders) (Court)

Dates
In force from Sept. 10, 2020 to June 30, 2021 (issued June 11, 2021)
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Schools and child careOther
Functions reached
IN in-person instruction (restored for grades 3-12 from Sept. 10, 2020 by injunction); WF workforce
Grade
Primary source read
Days in this quarter
21 (in force on the last day)

Section 252.03 does not provide local health officials with any authority to close schools; accordingly, Heinrich's Order is statutorily unlawful.... [the provisions of Emergency Order #9 closing schools for in-person] instruction are unlawful, unenforceable, and are hereby vacated.... ORIGINAL ACTION. Rights declared; order vacated.

Enforcement: n/a

Citation: Supreme Court of Wisconsin, James v. Heinrich, 2021 WI 58 (Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA) (decided June 11, 2021) (Ex. MET-MKE-026) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. MET-MKE-009Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #6 (June 25, 2020) (Ex. MET-MKE-009)In force from June 25, 2020 to July 2, 2020Capacity limitGathering capSchools and child careWorkplace rules
Ex. MET-MKE-045City of Madison Metro Transit, Metro Transit COVID-19 Updates (page as captured Mar. 22, 2020) (Mar. 18, 2020) (Ex. MET-MKE-045)In force from Mar. 18, 2020 to July 13, 2020Capacity limitTravel and quarantine

Agencies, boards and authorities: Wisconsin

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015Wisconsin Department of Corrections (Secretary Kevin A. Carr), WI DOC COVID-19 Announcements page (as archived Apr. 4, 2020) (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015)In force from Mar. 13, 2020 to Mar. 31, 2021Gathering capHealth care ordersOther
Ex. AGY-ST-UTILITIES-HOUSING-AG-069Wisconsin Legislature; approved by Governor Tony Evers April 15, 2020, 2019 Wisconsin Act 185 (2019 Assembly Bill 1038) (Apr. 15, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-069)In force from Apr. 17, 2020; end: The 102.03(6) presumption applied to injuries 'during the public health… (issued Apr. 15, 2020)Workplace rulesOther

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

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

Ex. FED-303
Standing Order 20-17

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

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

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

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

Enforcement: court order

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

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

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

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

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

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

Enforcement: OMB directive to contracting officers

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

Ex. FED-104
FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)

California; Major Disaster and Related Determinations, 85 Fed. Reg. 20703 (Apr. 14, 2020)

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

Dates
In force from Mar. 22, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104) Open the exhibit

Ex. FED-147
FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)

Washington; Major Disaster and Related Determinations, 85 Fed. Reg. 20704 (Apr. 14, 2020)

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

Dates
In force from Mar. 22, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147) Open the exhibit

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

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

ExhibitCitationDatesLimitations
Ex. FED-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-027Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)In force from Mar. 14, 2020 to Dec. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-398U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-154CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)In force from Sept. 17, 2020 to Mar. 10, 2021Gathering capHealth care orders
Ex. FED-030Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)In force from Sept. 30, 2020 to Oct. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-202President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)Travel and quarantine
Ex. FED-203President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)Travel and quarantine
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-367Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)In force from Mar. 16, 2020 to Apr. 1, 2021Other
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-265Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)In force from Mar. 19, 2020 to Dec. 31, 2020Other
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-381U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)In force from Mar. 19, 2020 to Dec. 31, 2020Other
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-039Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)In force from Mar. 20, 2020 to Oct. 13, 2020Travel and quarantine
Ex. FED-132President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration

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

State of Wisconsin

Ex. WI-028
Amended Order (issued May 22, 2020; amended Oct. 1, 2020), In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings

Amended order allowing chief judges to withdraw approval of county operational plans during the fall 2020 surge

Wisconsin Supreme Court, Wisconsin (Court)

Dates
In force from Oct. 1, 2020 to May 21, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitations
Face-covering requirementCourts and public officesWorkplace rules
Functions reached
CT courts; MASK in court facilities
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

WHEREAS... circumstances... have changed and there is a need to amend the court's May 22, 2020 order to address those changed circumstances, to allow the chief judges to withdraw approval of previously approved operational plans (as described below), and to allow the circuit courts of this state to amend their operational plans to respond to those changed circumstances; NOW THEREFORE, IT IS HEREBY ORDERED... that the April 13, 2020 order... (Temporary Mailbox Rule) shall be extended in its entirety with respect to all circuit courts until further order of this court

Enforcement: Supreme Court administrative order

Citation: Wisconsin Supreme Court, Amended Order (issued May 22, 2020; amended Oct. 1, 2020), In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings (Ex. WI-028) Open the exhibit

Ex. WI-031
Order, In re the Matter of CDC Eviction Moratorium Compliance For Eviction Filings

Order denying Legal Action of Wisconsin's request for an emergency order on CDC eviction-moratorium compliance in eviction filings

Wisconsin Supreme Court, Wisconsin (Court)

Dates
In force from Oct. 21, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Courts and public officesOther
Functions reached
PM evictions (context: CDC order operating in Wisconsin eviction proceedings); CT
Grade
Primary source read
Days in this quarter
72 (in force on the last day)

On September 1, 2020, the Centers for Disease Control ('CDC') issued an order entitled 'Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19.' ('CDC Order'). The CDC Order was published on September 4, 2020 and remains in effect until December 31, 2020.... we decline to adopt the proposed Emergency Order... IT IS ORDERED that Legal Action of Wisconsin and Wisconsin Judicare's request for an 'Emergency Order in the Matter of CDC Eviction Moratorium Compliance for Eviction Filings' is denied... Our decision to deny the request... does not preclude an individual circuit court judge presiding over an existing case from making reasonable efforts to facilitate the ability of all litigants, including self-represented litigants, to be fairly heard.

Enforcement: Court disposition (request denied); not a restriction

Citation: Wisconsin Supreme Court, Order, In re the Matter of CDC Eviction Moratorium Compliance For Eviction Filings (Oct. 21, 2020) (Ex. WI-031) Open the exhibit

Ex. WI-014
Executive Order #95

Relating to Declaring a State of Emergency and Public Health Emergency

Governor Tony Evers, Wisconsin (State)

Dates
In force from Nov. 20, 2020 to Jan. 19, 2021
Quarters
2020 Q42021 Q1
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
42 (in force on the last day)

1. Determine that a disaster threatening and negatively impacting the life and health of Wisconsinites exists pursuant to Sections 323.10 and 323.02(6). 2. Proclaim that a public health emergency, as defined in Section 323.02(16) of the Wisconsin Statutes, exists for the State of Wisconsin.... 6. Pursuant to Section 323.10 of the Wisconsin Statutes, this State of Emergency and Public Health Emergency shall remain in effect for 60 days, or until it is revoked by the Governor or by joint resolution of the Wisconsin State Legislature.

Enforcement: Predicate for DHS Emergency Order #1 (Nov. 20, 2020)

Citation: Governor Tony Evers, Executive Order #95 (Nov. 20, 2020) (Ex. WI-014) Open the exhibit

Ex. WI-015
Emergency Order #1 (November 20, 2020)

Relating to Requiring Face Coverings

Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #95, Wisconsin (State)

Dates
In force from Nov. 20, 2020 to Jan. 19, 2021
Quarters
2020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF; OF; DR/BA; TR; FC/PE; WS
Grade
Primary source read
Days in this quarter
42 (in force on the last day)

2. FACE COVERING REQUIRED. Every individual, age five and older, in Wisconsin shall wear a face covering if both of the following apply: a. The individual is indoors or in an enclosed space, other than at a private residence; and b. Another person or persons who are not members of individual's household or living unit are present in the same room or enclosed space.... 9. DURATION. This Order shall enter into effect immediately. This Order shall expire on January 19, 2021, or by a subsequent superseding emergency order.

Enforcement: Section 7: civil forfeiture of not more than $200, Wis. Stat. 323.28

Citation: Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #95, Emergency Order #1 (November 20, 2020) (Nov. 20, 2020) (Ex. WI-015) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. WI-039Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039)In force from Mar. 1, 2020 to Sept. 30, 2021Gathering capQuarantine and isolationOther
Ex. WI-040Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040)In force from Mar. 1, 2020 to Sept. 30, 2021Emergency declarationOther
Ex. WI-043Wisconsin Supreme Court, Amended Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Apr. 15, 2020) (Ex. WI-043)In force from Apr. 15, 2020 to May 21, 2021Courts and public offices
Ex. WI-027Wisconsin Supreme Court, Order, In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings During the COVID-19 Pandemic (May 22, 2020) (Ex. WI-027)In force from May 22, 2020 to Oct. 1, 2020Face-covering requirementCourts and public officesWorkplace rules
Ex. WI-010Governor Tony Evers, Executive Order #90 (Sept. 22, 2020) (Ex. WI-010)In force from Sept. 22, 2020 to Nov. 21, 2020Emergency declaration
Ex. WI-011Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #90, Emergency Order #1 (September 22, 2020) (Sept. 22, 2020) (Ex. WI-011)In force from Sept. 22, 2020 to Nov. 21, 2020Face-covering requirementWorkplace rules

Milwaukee and Madison

Ex. MET-MKE-034
Order #4.2, COVID-19 Public Health Plan for the City of Milwaukee (Revised Oct. 26, 2020)

Order #4.2, COVID-19 Public Health Plan for the City of Milwaukee

City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), City of Milwaukee, Wisconsin (City)

Dates
In force from Oct. 29, 2020 to Dec. 3, 2020 (issued Oct. 26, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached
GATH 10 indoors / 25 outdoors (lesser-of rule); DR dining rooms 25 percent, seated service only; BA bars 25 percent, dance floors closed; SF retail one person per 30 square feet; FC gyms masked, one per 30 square feet; IN schools closed for in-person instruction absent an approved plan; EC child care 75 percent; WS worship and EVT venues subject to Gathering Size Limits; OP offices (curbside, remote work as Safe Business Practices)
Grade
Primary source read
Days in this quarter
36

the City of Milwaukee, acting through its Commissioner of Health orders the following until further notice:... Gathering Size Limits are set at the lesser of: (i) 25% of the total occupancy of the location established by the City of Milwaukee, if any, (ii) one person for every 30 square feet of floor space open to the public, or (iii) 10 people indoors in addition to any employees or contractors required to operate or 25 people outdoors... Gatherings must require seating for all guests and/or attendees.... Restaurants may remain open only if they... limit the total number of individuals on the premises to the lesser of 25% of the total occupancy of the location... or one person for every 30 square feet... Seating must be provided to all guests. Guests must remain seated... Dance floors must be closed.... Public and private K-12 schools shall remain closed for in-person pupil instruction…

Enforcement: Citations under Milwaukee Code of Ordinances chs. 17 and 62; face coverings enforced 'in the manner set forth in Section 62-8-5 of the Milwaukee Code of Ordinances'

Citation: City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), Order #4.2, COVID-19 Public Health Plan for the City of Milwaukee (Revised Oct. 26, 2020) (Ex. MET-MKE-034) Open the exhibit

Ex. MET-MKE-014
Emergency Order #10

Emergency Order #10 (indoor gatherings prohibited; outdoor gatherings 10)

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Nov. 18, 2020 to Dec. 16, 2020 (issued Nov. 17, 2020)
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsWorkplace rules
Functions reached
GATH all indoor gatherings prohibited; MK meetings and events; BQ banquets, weddings; DR dining rooms 25 percent; BA bars closed to indoor customers; SF retail 50 percent
Grade
Primary source read
Days in this quarter
29

Mass Gatherings Inside. A Mass Gathering inside any property is prohibited.... A Mass Gathering outside is permitted with ten (10) individuals or less not including employees.... Limit indoor dine-in capacity to 25% of approved seating capacity... Customers may enter taverns only for the purposes of ordering, pick-up, and payment... This Order shall become effective Wednesday, November 18, 2020 at 12:01 a.m. This Order shall remain in effect until December 16, 2020 at 12:01 a.m.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #10 (Nov. 17, 2020) (Ex. MET-MKE-014) Open the exhibit

Ex. MET-MKE-015
Emergency Order #10 Amendment

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Nov. 20, 2020 to Dec. 16, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsWorkplace rules
Functions reached
GATH indoor gatherings prohibited; DR dining rooms 25 percent; BA bars closed to indoor customers; SF retail 50 percent; WF workforce (school conditions)
Grade
Primary source read
Days in this quarter
27

A Mass Gathering inside any property is prohibited.... A Mass Gathering outside is permitted with ten (10) individuals or less... Public and private school buildings and grounds are only open [for in-person instruction subject to the stated conditions]... This Order shall become effective Friday, November 20, 2020 at 4:30 p.m. This Order shall remain in effect until December 16, 2020 at 12:01 a.m.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #10 Amendment (Nov. 20, 2020) (Ex. MET-MKE-015) Open the exhibit

Ex. MET-MKE-035
Order #4.3, COVID-19 Public Health Plan for the City of Milwaukee (Revised Nov. 30, 2020)

Order #4.3, COVID-19 Public Health Plan for the City of Milwaukee

City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), City of Milwaukee, Wisconsin (City)

Dates
In force from Dec. 3, 2020 to Feb. 5, 2021 (issued Nov. 30, 2020)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Functions reached
GATH 10 / 25 (lesser-of rule); DR dining rooms 25 percent (50 percent with approved plan), seated service, dance floors closed; SF retail one per 30 square feet; IN schools closed absent approved plan; EC child care 75 percent; EVT venues, WS worship under Gathering Size Limits
Grade
Primary source read
Days in this quarter
29 (in force on the last day)

Gathering Size Limits are set at the lesser of: (i) 25% of the total occupancy... (ii) one person for every 30 square feet... or (iii) 10 people indoors... or 25 people outdoors... Restaurants... shall limit the total number of individuals on the premises to the lesser of 25% of the total occupancy... or one person for every 30 square feet... The limitation related to occupancy of the location shall be the lesser of 50% of the total occupancy... or any limits set forth in an individual's Restaurant and Bar COVID-19 Safety Plan... upon approval... Public and private K-12 schools shall remain closed for in-person pupil instruction and extracurricular activities until they have COVID-19 safety plans approved... This Order shall become effective at Thursday December 3rd, 2020 at 12:01 am.

Enforcement: Citations under Milwaukee Code of Ordinances chs. 17 and 62; § 62-8-5 for face coverings

Citation: City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), Order #4.3, COVID-19 Public Health Plan for the City of Milwaukee (Revised Nov. 30, 2020) (Ex. MET-MKE-035) Open the exhibit

Ex. MET-MKE-016
Emergency Order #11

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Dec. 16, 2020 to Jan. 13, 2021 (issued Dec. 15, 2020)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsWorkplace rules
Functions reached
GATH 10 indoors / 25 outdoors; DR dining rooms 25 percent; BA bars closed to indoor customers; SF retail and services 50 percent; FC gyms 50 percent
Grade
Primary source read
Days in this quarter
16 (in force on the last day)

A Mass Gathering inside any property is permitted with ten (10) individuals or less not including employees.... A Mass Gathering outside is permitted with twenty-five (25) individuals or less... Limit indoor dine-in capacity to 25% of approved seating capacity... Customers may enter taverns only for the purposes of ordering, pick-up, and payment... Limit capacity to 50% of approved capacity levels.... This Order shall become effective Wednesday, December 16, 2020 at 12:01 a.m. This Order shall remain in effect until January 13, 2021 at 12:01 a.m.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #11 (Dec. 15, 2020) (Ex. MET-MKE-016) Open the exhibit

Ex. MET-MKE-033
Media release: The City of Milwaukee Health Department will continue to enforce the Moving Milwaukee Forward Safely Order as written (Oct. 7, 2020)

MHD to continue enforcing the local order alongside DHS Emergency Order #3

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from Oct. 7, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Telework mandateCapacity limitWorkplace rules
Functions reached
OP offices (remote work required to the greatest extent possible); DR dining rooms (54-point checklist); EMP distancing
Grade
Primary source read
Days in this quarter
86 (in force on the last day)

The Moving Milwaukee Forward Safely local order requires restaurants and bars to submit a strenuous 54-point COVID checklist to the Health Department to operate.... The local order also requires businesses to facilitate remote work to the greatest extent possible and ensure individuals remain six feet from others whenever possible.... the City of Milwaukee Health Department has determined that the Moving Milwaukee Forward Safely Order is more restrictive than Governor Evers' Emergency Order #3, and that all businesses and individuals within the City of Milwaukee should continue to adhere to the Moving Milwaukee Forward Safely Order.

Enforcement: MHD enforcement of the local order

Citation: Milwaukee Health Department, Media release: The City of Milwaukee Health Department will continue to enforce the Moving Milwaukee Forward Safely Order as written (Oct. 7, 2020) (Ex. MET-MKE-033) Open the exhibit

Ex. MET-MKE-031
Statement from Acting Commissioner Marlaina Jackson (Nov. 11, 2020)

Statement supporting Executive Order #94 and confirming Order 4.2 remains in effect

Marlaina Jackson, Acting Commissioner of Health, Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from Nov. 11, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Other
Functions reached
all functions reached by Order #4.2
Grade
Primary source read
Days in this quarter
51 (in force on the last day)

The current Milwaukee Health Department Order 4.2 remains in effect. That order includes a range of restrictions on activities and locations that have the potential to spread the virus.

Enforcement: n/a

Citation: Marlaina Jackson, Acting Commissioner of Health, Milwaukee Health Department, Statement from Acting Commissioner Marlaina Jackson (Nov. 11, 2020) (Ex. MET-MKE-031) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. MET-MKE-060City of Milwaukee, acting through its Commissioner of Health, Order #4.1, COVID-19 Public Health Plan for the City of Milwaukee (July 30, 2020) (Ex. MET-MKE-060)In force from July 31, 2020 to Oct. 29, 2020 (issued July 30, 2020)Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Ex. MET-MKE-061Milwaukee Health Department, Moving Milwaukee Forward Safely full table (July 31, 2020) (Phase 4.1 version) (Ex. MET-MKE-061)In force from July 31, 2020 to Dec. 31, 2020Capacity limitGathering cap
Ex. MET-MKE-013Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #9 Amendment (Sept. 1, 2020) (Ex. MET-MKE-013)In force from Sept. 2, 2020 to Nov. 18, 2020 (issued Sept. 1, 2020)Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and bars
Ex. MET-MKE-046City of Madison Metro Transit (implementing PHMDC Emergency Order #8), Mask Up Madison: Face Coverings Required to Ride (page as captured Aug. 4, 2020; update posted July 13, 2020) (Ex. MET-MKE-046)In force from July 13, 2020 to Feb. 1, 2021Capacity limitFace-covering requirementTravel and quarantine
Ex. MET-MKE-041Milwaukee County Transit System (operated by Milwaukee Transport Services, Inc. for Milwaukee County), MCTS to Require Masks on Buses Starting August 1 (release of July 23, 2020) (Ex. MET-MKE-041)In force from Aug. 1, 2020 to Mar. 31, 2021 (issued July 23, 2020)Capacity limitFace-covering requirementTravel and quarantine
Ex. MET-MKE-063Milwaukee Health Department, MKE Cares Mask Ordinance poster (July 16, 2020) (Ex. MET-MKE-063)In force from July 16, 2020 to June 1, 2021Face-covering requirement
Ex. MET-MKE-066Mayor and Common Council of the City of Milwaukee (Common Council File No. 200426, Substitute 2; sponsors Ald. Dimitrijevic, Zamarripa, Johnson, Kovac, Hamilton, Dodd, Perez and Lewis); certified by the City Clerk, Common Council File No. 200426, Substitute 2: A substitute ordinance relating to a requirement for face coverings in public spaces during the COVID-19 pandemic (creating MCO §§ 62-1-11, 62-1-12 and 62-8) ('MKE Cares' mask ordinance) (July 13, 2020) (Ex. MET-MKE-066)In force from July 16, 2020 to June 1, 2021 (issued July 13, 2020)Face-covering requirementWorkplace rules
Ex. MET-MKE-068Milwaukee Health Department, MKE Cares mask ordinance FAQ (July 14, 2020) (Ex. MET-MKE-068)In force from July 16, 2020 to June 1, 2021 (issued July 14, 2020)Face-covering requirementWorkplace rules
Ex. MET-MKE-069Milwaukee Health Department, Milwaukee Health Department K-12 Reopening Guidance (Aug. 11, 2020), with the School Safety Assessment Checklist (Ex. MET-MKE-069)In force from Aug. 11, 2020 to June 1, 2021Face-covering requirementSchools and child careWorkplace rules
Ex. MET-MKE-026Supreme Court of Wisconsin, James v. Heinrich, 2021 WI 58 (Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA) (decided June 11, 2021) (Ex. MET-MKE-026)In force from Sept. 10, 2020 to June 30, 2021 (issued June 11, 2021)Schools and child careOther

Agencies, boards and authorities: Wisconsin

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015Wisconsin Department of Corrections (Secretary Kevin A. Carr), WI DOC COVID-19 Announcements page (as archived Apr. 4, 2020) (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015)In force from Mar. 13, 2020 to Mar. 31, 2021Gathering capHealth care ordersOther
Ex. AGY-ST-UTILITIES-HOUSING-AG-069Wisconsin Legislature; approved by Governor Tony Evers April 15, 2020, 2019 Wisconsin Act 185 (2019 Assembly Bill 1038) (Apr. 15, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-069)In force from Apr. 17, 2020; end: The 102.03(6) presumption applied to injuries 'during the public health… (issued Apr. 15, 2020)Workplace rulesOther

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

Federal layer

Ex. FED-060
Executive Order 13991

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

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

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

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

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

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

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

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

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563

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

Ex. FED-305
Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-008
Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

Ex. FED-071
Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-099
CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-20-ALL, Prioritization of Survey Activities

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

Dates
In force from Mar. 23, 2020 to May 1, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersCourts and public offices
Functions reached
CT/HR licensure, certification and survey functions of every certified provider (initial certifications, changes of ownership and revisits delayed); IC (focused infection control surveys imposed)
Grade
Primary source read
Days in this quarter
90 (the whole quarter)

On Friday, March 13, 2020, the President declared a national emergency, which triggers the Secretary's ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). [CMS suspends standard surveys and prioritizes survey activity to immediate jeopardy complaints, infection control surveys and other listed categories for a three-week period, then as extended.]

Enforcement: Governs State Survey Agency operations (federal survey and certification)

Citation: CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099) Open the exhibit

Ex. FED-115
FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)

Iowa; Major Disaster and Related Determinations, 85 Fed. Reg. 20704 (Apr. 14, 2020)

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

Dates
In force from Mar. 23, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
90 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. FED-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-398U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-154CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)In force from Sept. 17, 2020 to Mar. 10, 2021Gathering capHealth care orders
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-339Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)In force from Nov. 13, 2020 to Jan. 12, 2021Gathering capCourts and public offices
Ex. FED-303Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)In force from Nov. 25, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-202President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)Travel and quarantine
Ex. FED-203President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)Travel and quarantine
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-367Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)In force from Mar. 16, 2020 to Apr. 1, 2021Other
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-132President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration
Ex. FED-104President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-147President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration

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

State of Wisconsin

Ex. WI-016
Executive Order #104

Relating to Declaring a State of Emergency and Public Health Emergency

Governor Tony Evers, Wisconsin (State)

Dates
In force from Jan. 19, 2021 to Feb. 4, 2021
Quarters
2021 Q1
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
17

1. Determine that a disaster threatening and negatively impacting the life and health of Wisconsinites exists... 2. Proclaim that a public health emergency, as defined in Section 323.02(16)... 6. Pursuant to Section 323.10 of the Wisconsin Statutes, this State of Emergency and Public Health Emergency shall remain in effect for 60 days, or until it is revoked by the Governor or by joint resolution of the Wisconsin State Legislature.

Enforcement: Predicate for DHS Emergency Order #1 (Jan. 19, 2021)

Citation: Governor Tony Evers, Executive Order #104 (Jan. 19, 2021) (Ex. WI-016) Open the exhibit

Ex. WI-017
Emergency Order #1 (January 19, 2021)

Relating to Requiring Face Coverings

Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #104, Wisconsin (State)

Dates
In force from Jan. 19, 2021 to Mar. 20, 2021
Quarters
2021 Q1
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF; OF; DR/BA; TR; FC/PE; WS
Grade
Primary source read
Days in this quarter
61

2. FACE COVERING REQUIRED. Every individual, age five and older, in Wisconsin shall wear a face covering if both of the following apply: a. The individual is indoors or in an enclosed space, other than at a private residence; and b. Another person or persons who are not members of individual's household or living unit are present in the same room or enclosed space.... 9. DURATION. This Order shall enter into effect immediately. This Order shall expire on March 20, 2021, or by a subsequent superseding emergency order.

Enforcement: Section 7: civil forfeiture of not more than $200, Wis. Stat. 323.28

Citation: Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #104, Emergency Order #1 (January 19, 2021) (Jan. 19, 2021) (Ex. WI-017) Open the exhibit

Ex. WI-018
2021 Senate Joint Resolution 3 (Enrolled)

Relating to: terminating the COVID-19 public health emergency, including all emergency orders and actions taken pursuant to declaration of the public health emergency

Wisconsin Legislature (Senate and Assembly), Wisconsin (State)

Dates
In force from Feb. 4, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Emergency declarationOther
Functions reached
ends the EO 104 emergency and the Jan. 19, 2021 face-covering order; the Governor re-declared the same day (EO 105)
Grade
Primary source read
Days in this quarter
56 (in force on the last day)

Resolved by the senate, the assembly concurring, That the governor had no authority to issue Executive Order #104 on January 19, 2021, and it was therefore void from the date of its issuance, as were any and all of the governor's actions or orders related to the declared public health emergency to the extent the authority for those orders or actions depended on Executive Order #104, or sections 323.10 or 323.12 of the statutes; and Be it further resolved, That regardless of whether Executive Order #104 should ever be construed as having conferred on the governor any authority to exercise the powers granted by section 323.10 of the statutes, Executive Order #104 is hereby terminated and revoked. The revocation of Executive Order #104 terminates any and all of the governor's actions or orders related to the declared public health emergency to the extent the authority for those orders or…

Enforcement: Legislative revocation under Wis. Stat. 323.10

Citation: Wisconsin Legislature (Senate and Assembly), 2021 Senate Joint Resolution 3 (Enrolled) (Feb. 4, 2021) (Ex. WI-018) Open the exhibit

Ex. WI-019
Executive Order #105

Relating to Declaring a State of Emergency and Public Health Emergency

Governor Tony Evers, Wisconsin (State)

Dates
In force from Feb. 4, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
56 (in force on the last day)

1. Determine that a disaster threatening and negatively impacting the life and health of Wisconsinites exists... 2. Proclaim that a public health emergency, as defined in Section 323.02(16)... 6. Pursuant to Section 323.10 of the Wisconsin Statutes, this State of Emergency and Public Health Emergency shall remain in effect for 60 days, or until it is revoked by the Governor or by joint resolution of the Wisconsin State Legislature.

Enforcement: Predicate for DHS Emergency Order #1 (Feb. 4, 2021)

Citation: Governor Tony Evers, Executive Order #105 (Feb. 4, 2021) (Ex. WI-019) Open the exhibit

Ex. WI-020
Emergency Order #1 (February 4, 2021)

Relating to Requiring Face Coverings

Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #105, Wisconsin (State)

Dates
In force from Feb. 4, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF; OF; DR/BA; TR; FC/PE; WS
Grade
Primary source read
Days in this quarter
56 (in force on the last day)

Enforcement: Civil forfeiture of not more than $200, Wis. Stat. 323.28 (same form as the prior four orders)

Citation: Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #105, Emergency Order #1 (February 4, 2021) (Feb. 4, 2021) (Ex. WI-020) Open the exhibit

Ex. WI-021
Fabick v. Evers, 2021 WI 28, No. 2020AP1718-OA

Opinion declaring Executive Orders 82, 90 and 105 unlawful

Wisconsin Supreme Court (Hagedorn, J.), Wisconsin (Court)

Dates
In force from Mar. 31, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Other
Functions reached
ends the statewide face-covering mandate and every order under EOs 82, 90, 105
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

¶1... The question in this case is not whether the Governor acted wisely; it is whether he acted lawfully. We conclude he did not. ¶2 Wisconsin Stat. § 323.10 specifies that no state of emergency may last longer than 60 days unless it 'is extended by joint resolution of the legislature,' and that the legislature may cut short a state of emergency by joint resolution.... ¶44... Therefore, we declare that Executive Orders #82 and #90--both of which declare a public health emergency in response to COVID-19--were unlawful under Wis. Stat. § 323.10. ¶45 We also received a motion and briefing on the lawfulness of Executive Order #105. Based on the legislature's revocation of Executive Order #104, a power specifically granted to the legislature in Wis. Stat. § 323.10, we declare Executive Order #105 unlawful as well. [n.19: As a necessary consequence, all executive actions and orders issued…

Enforcement: Declaratory judgment

Citation: Wisconsin Supreme Court (Hagedorn, J.), Fabick v. Evers, 2021 WI 28, No. 2020AP1718-OA (Mar. 31, 2021) (Ex. WI-021) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. WI-039Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039)In force from Mar. 1, 2020 to Sept. 30, 2021Gathering capQuarantine and isolationOther
Ex. WI-040Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040)In force from Mar. 1, 2020 to Sept. 30, 2021Emergency declarationOther
Ex. WI-043Wisconsin Supreme Court, Amended Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Apr. 15, 2020) (Ex. WI-043)In force from Apr. 15, 2020 to May 21, 2021Courts and public offices
Ex. WI-027Wisconsin Supreme Court, Order, In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings During the COVID-19 Pandemic (May 22, 2020) (Ex. WI-027)In force from May 22, 2020 to Oct. 1, 2020Face-covering requirementCourts and public officesWorkplace rules
Ex. WI-028Wisconsin Supreme Court, Amended Order (issued May 22, 2020; amended Oct. 1, 2020), In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings (Ex. WI-028)In force from Oct. 1, 2020 to May 21, 2021Face-covering requirementCourts and public officesWorkplace rules
Ex. WI-014Governor Tony Evers, Executive Order #95 (Nov. 20, 2020) (Ex. WI-014)In force from Nov. 20, 2020 to Jan. 19, 2021Emergency declaration
Ex. WI-015Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #95, Emergency Order #1 (November 20, 2020) (Nov. 20, 2020) (Ex. WI-015)In force from Nov. 20, 2020 to Jan. 19, 2021Face-covering requirementWorkplace rules

Milwaukee and Madison

Ex. MET-MKE-017
Emergency Order #12

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Jan. 13, 2021 to Feb. 10, 2021 (issued Jan. 11, 2021)
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsWorkplace rules
Functions reached
GATH 10 indoors / 50 outdoors; DR dining rooms 25 percent; BA bars closed to indoor customers; SF retail and services 50 percent
Grade
Primary source read
Days in this quarter
29

A Mass Gathering inside any property is permitted with ten (10) individuals or less not including employees.... A Mass Gathering outside is permitted with fifty (50) individuals or less... Limit indoor dine-in capacity to 25% of approved seating capacity... Customers may enter taverns only for the purposes of ordering, pick-up, and payment... This Order shall become effective Wednesday, January 13, 2021 at 12:01 a.m. This Order shall remain in effect until February 10, 2021 at 12:01 a.m.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #12 (Jan. 11, 2021) (Ex. MET-MKE-017) Open the exhibit

Ex. MET-MKE-036
Order #4.4, COVID-19 Public Health Plan for the City of Milwaukee (Feb. 1, 2021)

Order #4.4, COVID-19 Public Health Plan for the City of Milwaukee

City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), City of Milwaukee, Wisconsin (City)

Dates
In force from Feb. 5, 2021 to Mar. 19, 2021 (issued Feb. 1, 2021)
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Functions reached
GATH lesser of 25 percent / one per 30 square feet / 250, seated; DR dining rooms and BA bars 25 percent, seated consumption only; EVT venues 50 percent of occupancy where stated; IN schools closed absent approved plan; EMP masking, distancing
Grade
Primary source read
Days in this quarter
43

Gatherings must require seating for all guests and/or attendees.... Gathering Size Limits are set at the lesser of: (i) 25% of the total occupancy of the location... (ii) one person for every 30 square feet... or (iii) 250 people in addition to any employees or contractors required to operate.... [Restaurants and bars] shall limit the total number of individuals on the premises to the lesser of 25% of the total [occupancy or one person per 30 square feet]... Consumption is prohibited until [seated]... Public and private K-12 schools shall remain closed for in-person pupil instruction and extracurricular activities until they have COVID-19 safety plans approved... This Order shall become effective at Friday February, 5th at 12:01 am. This Order shall remain in effect until a new order is issued or this Order is withdrawn.

Enforcement: Citations under Milwaukee Code of Ordinances chs. 17 and 62; § 62-8-5 for face coverings

Citation: City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), Order #4.4, COVID-19 Public Health Plan for the City of Milwaukee (Feb. 1, 2021) (Ex. MET-MKE-036) Open the exhibit

Ex. MET-MKE-018
Emergency Order #13

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Feb. 10, 2021 to Mar. 10, 2021 (issued Feb. 8, 2021)
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsWorkplace rules
Functions reached
DR dining rooms 25 percent; BA bars closed to indoor customers; SF retail and services 50 percent; EMP masking rules
Grade
Primary source read
Days in this quarter
29

Face Covering Required. Every individual, age five (5) and older, shall... Limit indoor dine-in capacity to 25% of approved seating capacity... Customers may enter taverns only for the purposes of ordering, pick-up, and payment... Limit capacity to 50% of approved capacity levels.... This Order shall become effective Wednesday, February 10, 2021 at 12:01 a.m. This Order shall remain in effect until March 10, 2021 at 12:01 a.m.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #13 (Feb. 8, 2021) (Ex. MET-MKE-018) Open the exhibit

Ex. MET-MKE-019
Emergency Order #14

Emergency Order #14 (restaurants to 50 percent; taverns 25 percent indoors)

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Mar. 10, 2021 to Apr. 7, 2021 (issued Mar. 2, 2021)
Quarters
2021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rules
Functions reached
DR dining rooms 50 percent; BA bars 25 percent indoors; SF retail and services 50 percent; EMP masking rules
Grade
Primary source read
Days in this quarter
22 (in force on the last day)

Face Covering Required. Every individual, age five (5) and older, shall... Limit indoor dine-in capacity to 50% of approved seating capacity... Taverns must limit indoor dine-in capacity to 25% of approved [seating capacity]... Limit capacity to 50% of approved capacity levels.... This Order shall become effective Wednesday, March 10, 2021 at 12:01 a.m. This Order shall remain in effect until April 7, 2021 at 12:01 a.m.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #14 (Mar. 2, 2021) (Ex. MET-MKE-019) Open the exhibit

Ex. MET-MKE-039
Updated Gating Criteria and Phases chart (Mar. 17, 2021)

Updated Gating Criteria (milwaukee.gov/MMFS, MHD 3/17/21)

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from Mar. 17, 2021 to June 30, 2021
Quarters
2021 Q12021 Q2
Limitations
Capacity limitGathering cap
Functions reached
DR dining rooms; WS worship; PE theaters; AM amusement
Grade
Primary source read
Days in this quarter
15 (in force on the last day)

Restaurant/Bar... No Safety Plan = Capacity = 50% [Phase 6]... No Safety Plan = Capacity = 25% [Phase 5 and Phase 4.4]... No Safety Plan = Take out only [Phase 4.5]... Gatherings including faith institutions, theater and places of amusement... Indoor Maximum 10 / Outdoor Maximum 25 [Phase 4.5]

Enforcement: n/a

Citation: Milwaukee Health Department, Updated Gating Criteria and Phases chart (Mar. 17, 2021) (Ex. MET-MKE-039) Open the exhibit

Ex. MET-MKE-020
Emergency Order #14 Amendment

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Mar. 18, 2021 to Apr. 7, 2021
Quarters
2021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rules
Functions reached
DR dining rooms 50 percent; BA bars limited indoors; EMP masking rules
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

Face Covering Required. Every individual, age five (5) and older, shall... Limit indoor dine-in capacity to 50% of approved seating capacity... Restaurants must limit indoor dine-in capacity to 50% of approved... This Order shall become effective Thursday, March 18, 2021. This Order shall remain in effect until April 7, 2021 at 12:01 a.m.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #14 Amendment (Mar. 18, 2021) (Ex. MET-MKE-020) Open the exhibit

Ex. MET-MKE-038
News release: Milwaukee Health Department Modifies COVID-19 Public Health Order; Revised Gating Criteria Also Clarify Reopening Steps (Mar. 18, 2021)

Revised Public Health Order News Release

Milwaukee Health Department (Commissioner Kirsten Johnson), City of Milwaukee, Wisconsin (City)

Dates
In force from Mar. 18, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitations
Capacity limitGathering capFace-covering requirement
Functions reached
EMP employer rules; DR dining rooms; EVT venues
Grade
Primary source read
Days in this quarter
14 (in force on the last day)

The new Public Health Order Phase 6 supersedes Order #4.4 which was in place for the past six weeks.... general provisions regarding safe business practices and protective measures remain in place. That includes masking, social distancing, surface cleaning, and policies to restrict employees who have been exposed to the disease or show COVID-19 symptoms. The Milwaukee Health Department will continue to enforce the order, and citations with potentially large fines will be issued for order violations.

Enforcement: Citations with fines (stated)

Citation: Milwaukee Health Department (Commissioner Kirsten Johnson), News release: Milwaukee Health Department Modifies COVID-19 Public Health Order; Revised Gating Criteria Also Clarify Reopening Steps (Mar. 18, 2021) (Ex. MET-MKE-038) Open the exhibit

Ex. MET-MKE-037
Phase 6 (Substantial Transmission) COVID-19 Public Health Plan for the City of Milwaukee (Mar. 17, 2021)

Phase 6 Substantial Transmission, COVID-19 Public Health Plan for the City of Milwaukee

City of Milwaukee, acting through its Commissioner of Health (Kirsten Johnson, Commissioner), City of Milwaukee, Wisconsin (City)

Dates
In force from Mar. 19, 2021 to May 20, 2021 (issued Mar. 17, 2021)
Quarters
2021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Functions reached
GATH lesser of 75 percent / one per 30 square feet / 750 indoors; 1,000 outdoors; DR dining rooms and BA bars 50 percent; EVT sporting events (six spectators per participant; 750 indoors / 1,000 outdoors); IN schools closed absent approved plan; EMP masking, distancing, exposure policies
Grade
Primary source read
Days in this quarter
13 (in force on the last day)

Indoor Gathering Size Limits are set at the lesser of: (i) 75% of the total occupancy of the location... (ii) one person for every 30 square feet of floor space open to the public, or (iii) 750 individuals... Outdoor Gathering Size Limits are set at the lesser of: (i) one person for every 30 square feet... or (ii) 1,000 individuals... [Restaurants and bars] shall limit the total number of individuals on the premises to the lesser of 50% of the total [occupancy or one person per 30 square feet]... Public and private K-12 schools shall remain closed for in-person pupil instruction and extracurricular activities until they have COVID-19 safety plans approved... This Order shall become effective at Friday March 19th at 12:01 am. This Order shall remain in effect until a new order is issued or this Order is withdrawn.

Enforcement: Citations 'with potentially large fines' (MHD release of Mar. 18, 2021, Ex. MET-MKE-038); § 62-8-5 for face coverings

Citation: City of Milwaukee, acting through its Commissioner of Health (Kirsten Johnson, Commissioner), Phase 6 (Substantial Transmission) COVID-19 Public Health Plan for the City of Milwaukee (Mar. 17, 2021) (Ex. MET-MKE-037) Open the exhibit

Ex. MET-MKE-044
Federal Mask Mandate for Public Transportation Extended (release of Aug. 23, 2021)

Masks required on all MCTS buses regardless of vaccination status through at least January 18, 2022

Milwaukee County Transit System (implementing the TSA Security Directive and CDC order), Milwaukee County, Wisconsin (Milwaukee County Transit System) (County)

Dates
In force from Feb. 1, 2021 to Jan. 18, 2022 (issued Aug. 23, 2021)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantine
Functions reached
WF workforce commuting under a federal mask order in Q3 2021; TR travel
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

The Transportation Security Administration (TSA) has extended a federal mandate [requiring] the use of masks on all public transportation networks in the United States. Passengers and employees are required to wear masks while on board all buses... through at least January 18, 2022. This federal requirement supersedes any local or state mask policies.

Enforcement: Federal (TSA/CDC); operator refusal of service

Citation: Milwaukee County Transit System (implementing the TSA Security Directive and CDC order), Federal Mask Mandate for Public Transportation Extended (release of Aug. 23, 2021) (Ex. MET-MKE-044) Open the exhibit

Ex. MET-MKE-047
Federal Mask Policy: Masks Now Required on Buses (page as captured Feb. 5, 2021)

Federal mask policy on Metro Transit

City of Madison Metro Transit (implementing the CDC order), City of Madison, Wisconsin (Metro Transit) (City)

Dates
In force from Feb. 1, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantine
Functions reached
WF workforce commuting under a federal mask order (Q1-Q3 2021); TR travel
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

It is now a federal law that masks must be worn [for the] duration of travel. Masks must also be worn by [employees]... Masks must be worn at all times, i.e. getting on the bus, during the ride, and leaving the bus.... The Order also states those not in compliance may not be allowed to ride.

Enforcement: Federal order; refusal of service

Citation: City of Madison Metro Transit (implementing the CDC order), Federal Mask Policy: Masks Now Required on Buses (page as captured Feb. 5, 2021) (Feb. 1, 2021) (Ex. MET-MKE-047) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. MET-MKE-035City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), Order #4.3, COVID-19 Public Health Plan for the City of Milwaukee (Revised Nov. 30, 2020) (Ex. MET-MKE-035)In force from Dec. 3, 2020 to Feb. 5, 2021 (issued Nov. 30, 2020)Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Ex. MET-MKE-016Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #11 (Dec. 15, 2020) (Ex. MET-MKE-016)In force from Dec. 16, 2020 to Jan. 13, 2021 (issued Dec. 15, 2020)Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsWorkplace rules
Ex. MET-MKE-046City of Madison Metro Transit (implementing PHMDC Emergency Order #8), Mask Up Madison: Face Coverings Required to Ride (page as captured Aug. 4, 2020; update posted July 13, 2020) (Ex. MET-MKE-046)In force from July 13, 2020 to Feb. 1, 2021Capacity limitFace-covering requirementTravel and quarantine
Ex. MET-MKE-041Milwaukee County Transit System (operated by Milwaukee Transport Services, Inc. for Milwaukee County), MCTS to Require Masks on Buses Starting August 1 (release of July 23, 2020) (Ex. MET-MKE-041)In force from Aug. 1, 2020 to Mar. 31, 2021 (issued July 23, 2020)Capacity limitFace-covering requirementTravel and quarantine
Ex. MET-MKE-063Milwaukee Health Department, MKE Cares Mask Ordinance poster (July 16, 2020) (Ex. MET-MKE-063)In force from July 16, 2020 to June 1, 2021Face-covering requirement
Ex. MET-MKE-066Mayor and Common Council of the City of Milwaukee (Common Council File No. 200426, Substitute 2; sponsors Ald. Dimitrijevic, Zamarripa, Johnson, Kovac, Hamilton, Dodd, Perez and Lewis); certified by the City Clerk, Common Council File No. 200426, Substitute 2: A substitute ordinance relating to a requirement for face coverings in public spaces during the COVID-19 pandemic (creating MCO §§ 62-1-11, 62-1-12 and 62-8) ('MKE Cares' mask ordinance) (July 13, 2020) (Ex. MET-MKE-066)In force from July 16, 2020 to June 1, 2021 (issued July 13, 2020)Face-covering requirementWorkplace rules
Ex. MET-MKE-068Milwaukee Health Department, MKE Cares mask ordinance FAQ (July 14, 2020) (Ex. MET-MKE-068)In force from July 16, 2020 to June 1, 2021 (issued July 14, 2020)Face-covering requirementWorkplace rules
Ex. MET-MKE-069Milwaukee Health Department, Milwaukee Health Department K-12 Reopening Guidance (Aug. 11, 2020), with the School Safety Assessment Checklist (Ex. MET-MKE-069)In force from Aug. 11, 2020 to June 1, 2021Face-covering requirementSchools and child careWorkplace rules
Ex. MET-MKE-026Supreme Court of Wisconsin, James v. Heinrich, 2021 WI 58 (Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA) (decided June 11, 2021) (Ex. MET-MKE-026)In force from Sept. 10, 2020 to June 30, 2021 (issued June 11, 2021)Schools and child careOther

Agencies, boards and authorities: Wisconsin

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

ExhibitCitationDatesLimitations
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015Wisconsin Department of Corrections (Secretary Kevin A. Carr), WI DOC COVID-19 Announcements page (as archived Apr. 4, 2020) (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015)In force from Mar. 13, 2020 to Mar. 31, 2021Gathering capHealth care ordersOther
Ex. AGY-ST-UTILITIES-HOUSING-AG-069Wisconsin Legislature; approved by Governor Tony Evers April 15, 2020, 2019 Wisconsin Act 185 (2019 Assembly Bill 1038) (Apr. 15, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-069)In force from Apr. 17, 2020; end: The 102.03(6) presumption applied to injuries 'during the public health… (issued Apr. 15, 2020)Workplace rulesOther

End of general restrictions, State of Wisconsin: Wisconsin Legislature v. Palm, 2020 WI 42 (Ex. WI-007) ended the statewide stay-home, closure, travel and gathering regime; Fabick v. Evers, 2021 WI 28 (Ex. WI-021) ended the last statewide instrument, the DHS face-covering order under Executive Order 105 (2020-05-13 (closures, gatherings, travel, stay-home); 2021-03-31 (statewide face-covering mandate, the final statewide COVID-19 order)). What remained: After May 13, 2020: Emergency Order 28 section 4.a (K-12 schools closed for the remainder of the 2019-20 school year; Palm n.6, n.21); the Supreme Court's suspension of in-person proceedings and continuance of jury trials until each county's plan was approved by the chief judge (Ex. WI-027); the CARES Act eviction moratorium operating in Wisconsin eviction proceedings (recorded in the Supreme Court's June 5, 2020 order, Ex. WI-030); local health-officer orders under Wis. Stat. 252.03 (Dane County, Milwaukee, Brown County, Racine and others); then the statewide face-covering mandate Aug. 1, 2020 to Mar. 31, 2021 (Ex. WI-009, WI-011, WI-015, WI-017, WI-020) and the Oct. 8 to Nov. 6, 2020 capacity order (Ex. WI-012). After March 31, 2021: Wis. Stat. 252.03 and 252.06 local powers (Ex. WI-039; Becker, Ex. WI-024); court-operations orders to May 21, 2021 and county-by-county accommodations thereafter (Ex. WI-028, WI-029); appellate in-person suspension to June 30, 2021 (Ex. WI-044); federal instruments; county and city orders (metro MKE).

Preemption of local orders, State of Wisconsin: No Wisconsin statute preempted or barred local COVID-19 orders during March 2020 to September 2021. The statewide instruments preserved local authority in terms: Emergency Order 12 section 19 ("This Order supersedes any local order that is in conflict with this order"), Emergency Order 28 section 20 (same), every DHS face-covering order section 6 ("This Order supersedes any local order that is less restrictive. Local governments may issue orders more restrictive than this Order."), and Emergency Order 3 section 5 ("Local governments may issue orders that are more restrictive"). Wisconsin Legislature v. Palm (May 13, 2020) limited the Department of Health Services' authority under Wis. Stat. 252.02, not local health officers' authority under Wis. Stat. 252.03; local orders filled the vacuum from May 14, 2020 (Dane County, Milwaukee, Brown County, Racine, Kenosha, Appleton area and others). James v. Heinrich, 2021 WI 58 (June 11, 2021) held that local health officers "do not have the statutory power to close schools under Wis. Stat. 252.03" and vacated the portions of Dane County's Emergency Order 9 restricting in-person instruction (the Court had enjoined that order on September 10, 2020). Becker v. Dane County, 2022 WI 63 (July 8, 2022) held that Wis. Stat. 252.03 "grants local health officers the authority to issue orders," that "no state law preempts" them, and that enforceable local public health orders under 252.03 and Dane County Ordinance 46.40 are constitutional; the county orders in force in Wisconsin's metros during 2020-2021, including Q3 2021, were therefore lawful exercises of delegated State power.

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

Federal layer

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

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

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

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

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

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

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

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

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

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

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

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

Enforcement: as for FED-031

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

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

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

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

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

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

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

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

Ex. FED-118
FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)

Louisiana; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

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

Dates
In force from Mar. 24, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
91 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118) Open the exhibit

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

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

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

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

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

Enforcement: Framework

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

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

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

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

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

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

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

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

Ex. FED-109
FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)

Florida; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

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

Dates
In force from Mar. 25, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
91 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-398U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-270Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)In force from Jan. 24, 2021 to June 10, 2021Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-296Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)In force from Feb. 12, 2021 to Apr. 5, 2021Gathering capCourts and public offices
Ex. FED-155CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)In force from Mar. 10, 2021 to Apr. 27, 2021Gathering capHealth care orders
Ex. FED-305Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)In force from Mar. 17, 2021 to June 1, 2021Business closureCourts and public offices
Ex. FED-008President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)Emergency declaration
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-132President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration
Ex. FED-104President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-147President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-099CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)In force from Mar. 23, 2020 to May 1, 2023Health care ordersCourts and public offices
Ex. FED-115President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)In force from Mar. 23, 2020 to May 11, 2023Emergency declaration

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

State of Wisconsin

Ex. WI-022
Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33, No. 2020AP1742

Opinion affirming that Emergency Order 3 was an unpromulgated rule, not validly enacted and unenforceable

Wisconsin Supreme Court (Roggensack, C.J., lead opinion), Wisconsin (Court)

Dates
In force from Apr. 14, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Other
Functions reached
fixes the enforcement history of the Oct. 8 to Nov. 6, 2020 capacity order
Grade
Primary source read
Days in this quarter
78 (in force on the last day)

¶2 We conclude that Emergency Order 3 meets the definition of a rule... Therefore, Emergency Order 3 should have been promulgated [under] ch. 227. Because it was not, Emergency Order 3 was not validly enacted and was unenforceable. Accordingly, we affirm the decision of the court of appeals.... ¶7 The circuit court, the Honorable John M. Yackel originally presiding, granted the Tavern League plaintiffs' motion for an ex parte temporary injunction.... ¶12 The court of appeals summarily reversed the circuit court. Tavern League v. Palm, No. 2020AP1742, unpublished slip op. (Wis. Ct. App. Nov. 6, 2020). The court of appeals held that 'under our supreme court's holding in Palm, Emergency Order #3 is invalid and unenforceable, as a matter of law.'

Enforcement: Affirmance; declaratory relief

Citation: Wisconsin Supreme Court (Roggensack, C.J., lead opinion), Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33, No. 2020AP1742 (Apr. 14, 2021) (Ex. WI-022) Open the exhibit

Ex. WI-029
Order, In re the Matter of Modification of Circuit Court and Municipal Accommodations That Were Required Because of the COVID-19 Pandemic

Order superseding the Oct. 1, 2020 order; masking, distancing and sanitizing left to county-wide decisions with chief-judge approval

Wisconsin Supreme Court, Wisconsin (Court)

Dates
In force from May 21, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementCourts and public offices
Functions reached
CT courts county by county through Q3 2021; MASK where counties continued it
Grade
Primary source read
Days in this quarter
41 (in force on the last day)

NOW THEREFORE, IT IS HEREBY ORDERED that, the Court no longer requires that personal masking, social distancing, and sanitizing court facilities be part of any plan for circuit court and municipal court proceedings approved by the chief judge of the applicable judicial district. Instead, circuit courts and municipal courts, with the approval of the applicable chief judge, shall make county-wide decisions about what is in the best interest of circuit court and municipal court operations, respectively. This includes deciding whether or not to continue to require masking, social distancing, and sanitizing court facilities on a county by county basis.

Enforcement: Supreme Court administrative order

Citation: Wisconsin Supreme Court, Order, In re the Matter of Modification of Circuit Court and Municipal Accommodations That Were Required Because of the COVID-19 Pandemic (May 21, 2021) (Ex. WI-029) Open the exhibit

Ex. WI-023
James v. Heinrich, 2021 WI 58, Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA

Opinion holding local health officers lack statutory power to close schools; Dane County Emergency Order 9 vacated in part

Wisconsin Supreme Court (Rebecca Grassl Bradley, J.), Wisconsin (Court)

Dates
In force from June 11, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Schools and child careOther
Functions reached
IN in-person instruction (local closure power denied); WF (families)
Grade
Primary source read
Days in this quarter
20 (in force on the last day)

¶3 We agree with the Petitioners and hold: (1) local health officers do not have the statutory power to close schools under Wis. Stat. § 252.03; and (2) Heinrich's Order infringes the Petitioners' fundamental right to the free exercise of religion guaranteed under Article I, Section 18 of the Wisconsin Constitution, which Jacobson cannot override. Accordingly, those portions of the Order restricting or prohibiting in-person instruction are unlawful, unenforceable, and are hereby vacated.... ¶14 On September 10, 2020, this court granted the three [petitions and enjoined the school-closure provisions].

Enforcement: Rights declared; order vacated in part

Citation: Wisconsin Supreme Court (Rebecca Grassl Bradley, J.), James v. Heinrich, 2021 WI 58, Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA (June 11, 2021) (Ex. WI-023) Open the exhibit

Ex. WI-045
Order, In re the Matter of the Filing of Court Documents in Circuit and Appellate Courts (Temporary Mailbox Rule)

Order terminating the temporary mailbox rule of April 13, 2020

Wisconsin Supreme Court, Wisconsin (Court)

Dates
In force from June 18, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Courts and public offices
Functions reached
CT filing rules (Apr. 13, 2020 to June 18, 2021)
Grade
Primary source read
Days in this quarter
13 (in force on the last day)

NOW THEREFORE, IT IS HEREBY ORDERED that, pursuant to this court's [administrative authority, the April 13, 2020 order and its extensions]... (Temporary Mailbox Rule)' are hereby terminated for all circuit and [appellate courts].

Enforcement: Supreme Court administrative order

Citation: Wisconsin Supreme Court, Order, In re the Matter of the Filing of Court Documents in Circuit and Appellate Courts (Temporary Mailbox Rule) (June 18, 2021) (Ex. WI-045) Open the exhibit

Ex. WI-044
Order, In re the Matter of Remote Hearings in Appellate Courts

Order terminating the suspension of most in-person appellate proceedings as of 11:59 p.m. June 30, 2021

Wisconsin Supreme Court, Wisconsin (Court)

Dates
In force from June 30, 2021 to June 30, 2021 (issued June 18, 2021)
Quarters
2021 Q2
Limitations
Courts and public offices
Functions reached
CT appellate courts (fixes the last day of the appellate suspension: June 30, 2021)
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

NOW THEREFORE, IT IS HEREBY ORDERED that the portion of the Court's order of May 22, 2020... extending an April 15, 2020 amended order entitled 'In Re The Matter of Remote Hearings During the COVID-19 Pandemic,' which suspended most in-person proceedings in appellate courts, is terminated as of 11:59 p.m. on June 30, 2021.

Enforcement: Supreme Court administrative order

Citation: Wisconsin Supreme Court, Order, In re the Matter of Remote Hearings in Appellate Courts (June 18, 2021) (Ex. WI-044) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. WI-039Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039)In force from Mar. 1, 2020 to Sept. 30, 2021Gathering capQuarantine and isolationOther
Ex. WI-040Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040)In force from Mar. 1, 2020 to Sept. 30, 2021Emergency declarationOther
Ex. WI-043Wisconsin Supreme Court, Amended Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Apr. 15, 2020) (Ex. WI-043)In force from Apr. 15, 2020 to May 21, 2021Courts and public offices
Ex. WI-027Wisconsin Supreme Court, Order, In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings During the COVID-19 Pandemic (May 22, 2020) (Ex. WI-027)In force from May 22, 2020 to Oct. 1, 2020Face-covering requirementCourts and public officesWorkplace rules
Ex. WI-028Wisconsin Supreme Court, Amended Order (issued May 22, 2020; amended Oct. 1, 2020), In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings (Ex. WI-028)In force from Oct. 1, 2020 to May 21, 2021Face-covering requirementCourts and public officesWorkplace rules
Ex. WI-018Wisconsin Legislature (Senate and Assembly), 2021 Senate Joint Resolution 3 (Enrolled) (Feb. 4, 2021) (Ex. WI-018)In force from Feb. 4, 2021 to Sept. 30, 2021Emergency declarationOther
Ex. WI-021Wisconsin Supreme Court (Hagedorn, J.), Fabick v. Evers, 2021 WI 28, No. 2020AP1718-OA (Mar. 31, 2021) (Ex. WI-021)In force from Mar. 31, 2021 to Sept. 30, 2021Other

Milwaukee and Madison

Ex. MET-MKE-021
Emergency Order #15

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Apr. 7, 2021 to May 5, 2021 (issued Apr. 2, 2021)
Quarters
2021 Q2
Limitations
Capacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rules
Functions reached
DR dining rooms 50 percent; BA bars 25 percent indoors; SF retail and services 50 percent indoors; EMP masking rules
Grade
Primary source read
Days in this quarter
29

Face Covering Required. Every individual, age five (5) and older, shall... Limit indoor dine-in capacity to 50% of approved seating capacity... Taverns must limit indoor dine-in capacity to 25% of approved... Limit capacity to 50% of approved capacity levels indoors.... This Order shall become effective Wednesday, April 7, 2021 at 12:01 a.m. This Order shall remain in effect until May 5, 2021 at 12:01 a.m.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #15 (Apr. 2, 2021) (Ex. MET-MKE-021) Open the exhibit

Ex. MET-MKE-022
Emergency Order #16

Emergency Order #16 (the last general order; 75 percent indoor capacity; face coverings)

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from May 5, 2021 to June 2, 2021 (issued Apr. 29, 2021)
Quarters
2021 Q2
Limitations
Capacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rules
Functions reached
DR dining rooms and BA bars 75 percent; SF retail and services 75 percent indoors; EMP masking rules; GATH capacity caps
Grade
Primary source read
Days in this quarter
29

Face Covering Required. Every individual, age five (5) and older, shall... Restaurants and taverns must limit indoor dine-in capacity to 75%... Limit capacity to 75% of approved capacity levels indoors.... This Order shall become effective Wednesday, May 5, 2021 at 12:01 a.m. This Order shall remain in effect until June 2, 2021 at 12:01 a.m.

Enforcement: Wis. Stat. § 252.03

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #16 (Apr. 29, 2021) (Ex. MET-MKE-022) Open the exhibit

Ex. MET-MKE-064
Phase 6 (Substantial Transmission) COVID-19 Public Health Plan for the City of Milwaukee, revised May 19, 2021 (v3)

Phase 6 Substantial Transmission, COVID-19 Public Health Plan for the City of Milwaukee (revised May 19, 2021)

City of Milwaukee, acting through its Commissioner of Health (Kirsten Johnson, Commissioner), City of Milwaukee, Wisconsin (City)

Dates
In force from May 20, 2021 to June 1, 2021 (issued May 19, 2021)
Quarters
2021 Q2
Limitations
Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Functions reached
GATH 75 percent / 750 indoors; 1,000 outdoors; DR dining rooms and BA bars 50 percent; EMP masking, distancing; IN schools (plan approval)
Grade
Primary source read
Days in this quarter
13

Indoor Gathering Size Limits are set at the lesser of: (i) 75% of the total occupancy... (ii) one person for every 30 square feet... or (iii) 750 individuals... [Restaurants and bars] shall limit the total number of individuals on the premises to the lesser of 50% of the total [occupancy or one person per 30 square feet]... This Order shall become effective May 20th, 2021 at 12:01am. This Order shall remain in effect until June 1st, 2021 at 12:01am. Upon expiration of this Order on June 1st, 2021 at 12:01am, all prior Moving Milwaukee Forward Safely health and safety orders and any prior city-wide orders issued by the Milwaukee Health Department related to the subject-matter discussed herein shall be [withdrawn].

Enforcement: Citations under Milwaukee Code of Ordinances chs. 17 and 62; § 62-8-5 for face coverings

Citation: City of Milwaukee, acting through its Commissioner of Health (Kirsten Johnson, Commissioner), Phase 6 (Substantial Transmission) COVID-19 Public Health Plan for the City of Milwaukee, revised May 19, 2021 (v3) (Ex. MET-MKE-064) Open the exhibit

Ex. MET-MKE-040
News release: Moving Milwaukee Forward Health Order to Expire June 1 (May 18, 2021)

Moving Milwaukee Forward Health Order to Expire June 1

Milwaukee Health Department (Commissioner Kirsten Johnson; Mayor Tom Barrett quoted), City of Milwaukee, Wisconsin (City)

Dates
In force from June 1, 2021 to June 30, 2021 (issued May 18, 2021)
Quarters
2021 Q2
Limitations
Other
Functions reached
all functions (end of general restrictions in the City)
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

the Milwaukee Health Department has made the decision to let the Moving Milwaukee Forward Health Order expire on June 1. The order's expiration will also end the requirements of the existing Milwaukee mask ordinance.... The Moving Milwaukee Forward health order, which was issued on May 14, 2020, was previously set to expire on June 15. This date was moved up to June 1. At that time, all capacity restrictions will be lifted along with the mask ordinance.

Enforcement: n/a

Citation: Milwaukee Health Department (Commissioner Kirsten Johnson; Mayor Tom Barrett quoted), News release: Moving Milwaukee Forward Health Order to Expire June 1 (May 18, 2021) (Ex. MET-MKE-040) Open the exhibit

Ex. MET-MKE-048
News release: All Public Health Orders Lifted in Dane County (June 2, 2021)

All Public Health Orders Lifted in Dane County

City of Madison (release quoting Public Health Officer Janel Heinrich and County Executive Joe Parisi), Dane County and City of Madison, Wisconsin (County)

Dates
In force from June 2, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Face-covering requirementQuarantine and isolationOther
Functions reached
all functions (end of general restrictions in Dane County); WF workforce (isolation and quarantine requirements continue); HC health care masking continues
Grade
Primary source read
Days in this quarter
29 (in force on the last day)

Effective at 12:00am on June 2, 2021, all public health orders in Dane County have expired, including mask requirements and gathering limits.... healthcare settings and public transportation will continue to require masks.... isolation and quarantine requirements will remain in place to prevent the spread of disease.

Enforcement: n/a

Citation: City of Madison (release quoting Public Health Officer Janel Heinrich and County Executive Joe Parisi), News release: All Public Health Orders Lifted in Dane County (June 2, 2021) (Ex. MET-MKE-048) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. MET-MKE-019Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #14 (Mar. 2, 2021) (Ex. MET-MKE-019)In force from Mar. 10, 2021 to Apr. 7, 2021 (issued Mar. 2, 2021)Capacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rules
Ex. MET-MKE-039Milwaukee Health Department, Updated Gating Criteria and Phases chart (Mar. 17, 2021) (Ex. MET-MKE-039)In force from Mar. 17, 2021 to June 30, 2021Capacity limitGathering cap
Ex. MET-MKE-020Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #14 Amendment (Mar. 18, 2021) (Ex. MET-MKE-020)In force from Mar. 18, 2021 to Apr. 7, 2021Capacity limitGathering capFace-covering requirementAlcohol and barsWorkplace rules
Ex. MET-MKE-037City of Milwaukee, acting through its Commissioner of Health (Kirsten Johnson, Commissioner), Phase 6 (Substantial Transmission) COVID-19 Public Health Plan for the City of Milwaukee (Mar. 17, 2021) (Ex. MET-MKE-037)In force from Mar. 19, 2021 to May 20, 2021 (issued Mar. 17, 2021)Capacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venuesWorkplace rules
Ex. MET-MKE-063Milwaukee Health Department, MKE Cares Mask Ordinance poster (July 16, 2020) (Ex. MET-MKE-063)In force from July 16, 2020 to June 1, 2021Face-covering requirement
Ex. MET-MKE-066Mayor and Common Council of the City of Milwaukee (Common Council File No. 200426, Substitute 2; sponsors Ald. Dimitrijevic, Zamarripa, Johnson, Kovac, Hamilton, Dodd, Perez and Lewis); certified by the City Clerk, Common Council File No. 200426, Substitute 2: A substitute ordinance relating to a requirement for face coverings in public spaces during the COVID-19 pandemic (creating MCO §§ 62-1-11, 62-1-12 and 62-8) ('MKE Cares' mask ordinance) (July 13, 2020) (Ex. MET-MKE-066)In force from July 16, 2020 to June 1, 2021 (issued July 13, 2020)Face-covering requirementWorkplace rules
Ex. MET-MKE-068Milwaukee Health Department, MKE Cares mask ordinance FAQ (July 14, 2020) (Ex. MET-MKE-068)In force from July 16, 2020 to June 1, 2021 (issued July 14, 2020)Face-covering requirementWorkplace rules
Ex. MET-MKE-069Milwaukee Health Department, Milwaukee Health Department K-12 Reopening Guidance (Aug. 11, 2020), with the School Safety Assessment Checklist (Ex. MET-MKE-069)In force from Aug. 11, 2020 to June 1, 2021Face-covering requirementSchools and child careWorkplace rules
Ex. MET-MKE-026Supreme Court of Wisconsin, James v. Heinrich, 2021 WI 58 (Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA) (decided June 11, 2021) (Ex. MET-MKE-026)In force from Sept. 10, 2020 to June 30, 2021 (issued June 11, 2021)Schools and child careOther
Ex. MET-MKE-044Milwaukee County Transit System (implementing the TSA Security Directive and CDC order), Federal Mask Mandate for Public Transportation Extended (release of Aug. 23, 2021) (Ex. MET-MKE-044)In force from Feb. 1, 2021 to Jan. 18, 2022 (issued Aug. 23, 2021)Face-covering requirementTravel and quarantine
Ex. MET-MKE-047City of Madison Metro Transit (implementing the CDC order), Federal Mask Policy: Masks Now Required on Buses (page as captured Feb. 5, 2021) (Feb. 1, 2021) (Ex. MET-MKE-047)In force from Feb. 1, 2021 to Sept. 30, 2021Face-covering requirementTravel and quarantine

Agencies, boards and authorities: Wisconsin

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

End of general restrictions, State of Wisconsin: Wisconsin Legislature v. Palm, 2020 WI 42 (Ex. WI-007) ended the statewide stay-home, closure, travel and gathering regime; Fabick v. Evers, 2021 WI 28 (Ex. WI-021) ended the last statewide instrument, the DHS face-covering order under Executive Order 105 (2020-05-13 (closures, gatherings, travel, stay-home); 2021-03-31 (statewide face-covering mandate, the final statewide COVID-19 order)). What remained: After May 13, 2020: Emergency Order 28 section 4.a (K-12 schools closed for the remainder of the 2019-20 school year; Palm n.6, n.21); the Supreme Court's suspension of in-person proceedings and continuance of jury trials until each county's plan was approved by the chief judge (Ex. WI-027); the CARES Act eviction moratorium operating in Wisconsin eviction proceedings (recorded in the Supreme Court's June 5, 2020 order, Ex. WI-030); local health-officer orders under Wis. Stat. 252.03 (Dane County, Milwaukee, Brown County, Racine and others); then the statewide face-covering mandate Aug. 1, 2020 to Mar. 31, 2021 (Ex. WI-009, WI-011, WI-015, WI-017, WI-020) and the Oct. 8 to Nov. 6, 2020 capacity order (Ex. WI-012). After March 31, 2021: Wis. Stat. 252.03 and 252.06 local powers (Ex. WI-039; Becker, Ex. WI-024); court-operations orders to May 21, 2021 and county-by-county accommodations thereafter (Ex. WI-028, WI-029); appellate in-person suspension to June 30, 2021 (Ex. WI-044); federal instruments; county and city orders (metro MKE).

Preemption of local orders, State of Wisconsin: No Wisconsin statute preempted or barred local COVID-19 orders during March 2020 to September 2021. The statewide instruments preserved local authority in terms: Emergency Order 12 section 19 ("This Order supersedes any local order that is in conflict with this order"), Emergency Order 28 section 20 (same), every DHS face-covering order section 6 ("This Order supersedes any local order that is less restrictive. Local governments may issue orders more restrictive than this Order."), and Emergency Order 3 section 5 ("Local governments may issue orders that are more restrictive"). Wisconsin Legislature v. Palm (May 13, 2020) limited the Department of Health Services' authority under Wis. Stat. 252.02, not local health officers' authority under Wis. Stat. 252.03; local orders filled the vacuum from May 14, 2020 (Dane County, Milwaukee, Brown County, Racine, Kenosha, Appleton area and others). James v. Heinrich, 2021 WI 58 (June 11, 2021) held that local health officers "do not have the statutory power to close schools under Wis. Stat. 252.03" and vacated the portions of Dane County's Emergency Order 9 restricting in-person instruction (the Court had enjoined that order on September 10, 2020). Becker v. Dane County, 2022 WI 63 (July 8, 2022) held that Wis. Stat. 252.03 "grants local health officers the authority to issue orders," that "no state law preempts" them, and that enforceable local public health orders under 252.03 and Dane County Ordinance 46.40 are constitutional; the county orders in force in Wisconsin's metros during 2020-2021, including Q3 2021, were therefore lawful exercises of delegated State power.

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

Federal layer

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

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

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

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

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

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

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

Ex. FED-307
Updated Amended Standing Order 21-04

In re: Court Operations Under the Exigent Circumstances Created by COVID-19 (Updated Amended, Sept. 3, 2021)

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

Dates
In force from Sept. 3, 2021 to Dec. 29, 2021
Quarters
2021 Q3
Limitations
Capacity limitFace-covering requirementCourts and public offices
Functions reached
CT jury selections capped at one per vicinage; masks for all entrants regardless of vaccination status; temperature screening (Sept. 2021); CS
Grade
Primary source read
Days in this quarter
28 (in force on the last day)

[WHEREAS the Delta] and other variants, and on July 27, 2021, the CDC recommended that all persons, including those fully vaccinated against COVID-19, wear a mask in public indoor settings, in areas of [substantial or high transmission]... [the Court has required] full vaccination of its employees, while continuing its protocols of temperature screening and hand sanitizing by all entrants to the District's courthouses, and mask wearing in all public areas of Court facilities by entrants and occupants thereof, regardless of vaccination status;... 1. No more than one jury selection, either civil or criminal, shall occur in each vicinage of this Court at one time... 2. Multiple, simultaneous jury trials may be conducted in each of this Court's vicinages, but the number of simultaneous criminal jury trials involving detainees in each [vicinage is limited]... DATED: September 3, 2021

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307) Open the exhibit

Ex. FED-130
FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)

New Jersey; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

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

Dates
In force from Mar. 25, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130) Open the exhibit

Ex. FED-133
FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)

North Carolina; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

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

Dates
In force from Mar. 25, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133) Open the exhibit

Ex. FED-143
FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)

Texas; Major Disaster and Related Determinations, 85 Fed. Reg. 20699 (Apr. 14, 2020)

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

Dates
In force from Mar. 25, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143) Open the exhibit

Ex. FED-113
FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)

Illinois; Major Disaster and Related Determinations, 85 Fed. Reg. 20703 (Apr. 14, 2020)

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

Dates
In force from Mar. 26, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-398U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)Gathering capOther
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-156CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)In force from Apr. 27, 2021 to Nov. 12, 2021Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-032Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)In force from May 5, 2021 to Sept. 30, 2021Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-080Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)In force from June 21, 2021 to Dec. 27, 2021Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-008President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)Emergency declaration
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-182Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)In force from Mar. 2, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-201President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)Travel and quarantine
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-006President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)In force from Mar. 13, 2020 to May 11, 2023Emergency declaration
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-292Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)In force from Mar. 19, 2020 to July 19, 2021Courts and public offices
Ex. FED-034Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)In force from Mar. 20, 2020 to Sept. 30, 2021Travel and quarantine
Ex. FED-132President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)In force from Mar. 20, 2020 to May 11, 2023Emergency declaration
Ex. FED-104President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-147President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)In force from Mar. 22, 2020 to May 11, 2023Emergency declaration
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-099CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)In force from Mar. 23, 2020 to May 1, 2023Health care ordersCourts and public offices
Ex. FED-115President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)In force from Mar. 23, 2020 to May 11, 2023Emergency declaration
Ex. FED-118President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)In force from Mar. 24, 2020 to May 11, 2023Emergency declaration
Ex. FED-183Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)In force from Mar. 24, 2020 to Sept. 30, 2021Emergency declarationSupply chain
Ex. FED-074Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)In force from Mar. 25, 2020 to Sept. 30, 2021Supply chain
Ex. FED-109President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)In force from Mar. 25, 2020 to May 11, 2023Emergency declaration

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

State of Wisconsin

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

ExhibitCitationDatesLimitations
Ex. WI-039Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039)In force from Mar. 1, 2020 to Sept. 30, 2021Gathering capQuarantine and isolationOther
Ex. WI-040Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040)In force from Mar. 1, 2020 to Sept. 30, 2021Emergency declarationOther
Ex. WI-018Wisconsin Legislature (Senate and Assembly), 2021 Senate Joint Resolution 3 (Enrolled) (Feb. 4, 2021) (Ex. WI-018)In force from Feb. 4, 2021 to Sept. 30, 2021Emergency declarationOther
Ex. WI-021Wisconsin Supreme Court (Hagedorn, J.), Fabick v. Evers, 2021 WI 28, No. 2020AP1718-OA (Mar. 31, 2021) (Ex. WI-021)In force from Mar. 31, 2021 to Sept. 30, 2021Other
Ex. WI-022Wisconsin Supreme Court (Roggensack, C.J., lead opinion), Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33, No. 2020AP1742 (Apr. 14, 2021) (Ex. WI-022)In force from Apr. 14, 2021 to Sept. 30, 2021Other
Ex. WI-029Wisconsin Supreme Court, Order, In re the Matter of Modification of Circuit Court and Municipal Accommodations That Were Required Because of the COVID-19 Pandemic (May 21, 2021) (Ex. WI-029)In force from May 21, 2021 to Sept. 30, 2021Face-covering requirementCourts and public offices
Ex. WI-023Wisconsin Supreme Court (Rebecca Grassl Bradley, J.), James v. Heinrich, 2021 WI 58, Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA (June 11, 2021) (Ex. WI-023)In force from June 11, 2021 to Sept. 30, 2021Schools and child careOther

Milwaukee and Madison

Ex. MET-MKE-070
Milwaukee Health Department K-12 Reopening Guidance, 2021-2022 School Year (Aug. 5, 2021)

MHD K-12 Reopening Guidance 2021-2022

Milwaukee Health Department, City of Milwaukee, Wisconsin (City)

Dates
In force from Aug. 5, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careQuarantine and isolation
Functions reached
IN in-person instruction (guidance); WF workforce (isolation and quarantine of school populations)
Grade
Primary source read
Days in this quarter
57 (in force on the last day)

This document serves as supplemental guidance and does not supersede new or updated guidance per the CDC or any statewide or local public health orders or ordinances.... Schools are not required to submit safety plans before reopening.... the MHD strongly recommends universal masking for all [and] additionally recommends that schools require masks for all unvaccinated individuals.... Remote or hybrid learning models may be appropriate for situations where a particular population might be under isolation or quarantine.

Enforcement: None (guidance)

Citation: Milwaukee Health Department, Milwaukee Health Department K-12 Reopening Guidance, 2021-2022 School Year (Aug. 5, 2021) (Ex. MET-MKE-070) Open the exhibit

Ex. MET-MKE-023
Face Covering Emergency Order (posted as Emergency Order #17)

Face Covering Emergency Order

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Aug. 19, 2021 to Sept. 16, 2021 (issued Aug. 17, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF sales floors, DR dining rooms, FC fitness facilities, WS worship, OF offices open to the public (universal indoor masking); EMP employer rules (posting, enforcement on premises); CB customer base; WF workforce
Grade
Primary source read
Days in this quarter
29

Face Covering Required. Every individual, age two (2) and older, shall wear a face covering when: i. In any enclosed space open to the public where other people, except for members of the person's own household or living unit[, could be present]... This Order shall become effective Thursday, August 19, 2021 at 12:01 a.m. This Order shall remain in effect until September 16, 2021 at 12:01 a.m.

Enforcement: Wis. Stat. § 252.03; Dane County Ordinance § 46.40 and Madison General Ordinance forfeitures (Becker v. Dane County, 2022 WI 63, upholding the health officer's authority to issue and enforce such orders)

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Face Covering Emergency Order (posted as Emergency Order #17) (Aug. 17, 2021) (Ex. MET-MKE-023) Open the exhibit

Ex. MET-MKE-024
Face Covering Emergency Order #2 (posted as Emergency Order #18)

Face Covering Emergency Order #2

Janel Heinrich, Public Health Officer of Madison and Dane County, Dane County and City of Madison, Wisconsin (County)

Dates
In force from Sept. 10, 2021 to Oct. 8, 2021 (issued Sept. 9, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rules
Functions reached
SF, DR, FC, WS, OF premises open to the public (universal indoor masking); EMP employer rules; CB customer base; WF workforce
Grade
Primary source read
Days in this quarter
21 (in force on the last day)

Face Covering Required. Every individual, age two (2) and older, shall wear a face covering when: i. In any enclosed space open to the public where other people, except for members of the person's own household or living unit[, could be present]... This Order shall become effective Friday, September 10, 2021 at 12:01 a.m. This Order shall remain in effect until October 8, 2021 at 12:01 a.m.

Enforcement: Wis. Stat. § 252.03; county and city ordinance forfeitures

Citation: Janel Heinrich, Public Health Officer of Madison and Dane County, Face Covering Emergency Order #2 (posted as Emergency Order #18) (Sept. 9, 2021) (Ex. MET-MKE-024) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. MET-MKE-044Milwaukee County Transit System (implementing the TSA Security Directive and CDC order), Federal Mask Mandate for Public Transportation Extended (release of Aug. 23, 2021) (Ex. MET-MKE-044)In force from Feb. 1, 2021 to Jan. 18, 2022 (issued Aug. 23, 2021)Face-covering requirementTravel and quarantine
Ex. MET-MKE-047City of Madison Metro Transit (implementing the CDC order), Federal Mask Policy: Masks Now Required on Buses (page as captured Feb. 5, 2021) (Feb. 1, 2021) (Ex. MET-MKE-047)In force from Feb. 1, 2021 to Sept. 30, 2021Face-covering requirementTravel and quarantine

Agencies, boards and authorities: Wisconsin

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

End of general restrictions, State of Wisconsin: Wisconsin Legislature v. Palm, 2020 WI 42 (Ex. WI-007) ended the statewide stay-home, closure, travel and gathering regime; Fabick v. Evers, 2021 WI 28 (Ex. WI-021) ended the last statewide instrument, the DHS face-covering order under Executive Order 105 (2020-05-13 (closures, gatherings, travel, stay-home); 2021-03-31 (statewide face-covering mandate, the final statewide COVID-19 order)). What remained: After May 13, 2020: Emergency Order 28 section 4.a (K-12 schools closed for the remainder of the 2019-20 school year; Palm n.6, n.21); the Supreme Court's suspension of in-person proceedings and continuance of jury trials until each county's plan was approved by the chief judge (Ex. WI-027); the CARES Act eviction moratorium operating in Wisconsin eviction proceedings (recorded in the Supreme Court's June 5, 2020 order, Ex. WI-030); local health-officer orders under Wis. Stat. 252.03 (Dane County, Milwaukee, Brown County, Racine and others); then the statewide face-covering mandate Aug. 1, 2020 to Mar. 31, 2021 (Ex. WI-009, WI-011, WI-015, WI-017, WI-020) and the Oct. 8 to Nov. 6, 2020 capacity order (Ex. WI-012). After March 31, 2021: Wis. Stat. 252.03 and 252.06 local powers (Ex. WI-039; Becker, Ex. WI-024); court-operations orders to May 21, 2021 and county-by-county accommodations thereafter (Ex. WI-028, WI-029); appellate in-person suspension to June 30, 2021 (Ex. WI-044); federal instruments; county and city orders (metro MKE).

Preemption of local orders, State of Wisconsin: No Wisconsin statute preempted or barred local COVID-19 orders during March 2020 to September 2021. The statewide instruments preserved local authority in terms: Emergency Order 12 section 19 ("This Order supersedes any local order that is in conflict with this order"), Emergency Order 28 section 20 (same), every DHS face-covering order section 6 ("This Order supersedes any local order that is less restrictive. Local governments may issue orders more restrictive than this Order."), and Emergency Order 3 section 5 ("Local governments may issue orders that are more restrictive"). Wisconsin Legislature v. Palm (May 13, 2020) limited the Department of Health Services' authority under Wis. Stat. 252.02, not local health officers' authority under Wis. Stat. 252.03; local orders filled the vacuum from May 14, 2020 (Dane County, Milwaukee, Brown County, Racine, Kenosha, Appleton area and others). James v. Heinrich, 2021 WI 58 (June 11, 2021) held that local health officers "do not have the statutory power to close schools under Wis. Stat. 252.03" and vacated the portions of Dane County's Emergency Order 9 restricting in-person instruction (the Court had enjoined that order on September 10, 2020). Becker v. Dane County, 2022 WI 63 (July 8, 2022) held that Wis. Stat. 252.03 "grants local health officers the authority to issue orders," that "no state law preempts" them, and that enforceable local public health orders under 252.03 and Dane County Ordinance 46.40 are constitutional; the county orders in force in Wisconsin's metros during 2020-2021, including Q3 2021, were therefore lawful exercises of delegated State power.

End of general restrictions, Milwaukee and Madison: City of Milwaukee: Phase 6 COVID-19 Public Health Plan (revised May 19, 2021) expired by its terms at 12:01 a.m. June 1, 2021 (Ex. MET-MKE-064; announced Ex. MET-MKE-040), ending capacity limits and the MCO § 62-8 mask requirement. Dane County: Emergency Order #16 (Apr. 29, 2021) expired at 12:01 a.m. June 2, 2021 (Ex. MET-MKE-022; Ex. MET-MKE-048). (2021-06-01 (Milwaukee); 2021-06-02 (Dane County)). What remained: Dane County: isolation and quarantine requirements; masks in health-care settings and on public transportation (Ex. MET-MKE-048); then the Face Covering Emergency Orders from Aug. 19, 2021 (Exs. MET-MKE-023, -024, -025). Milwaukee County: the federal transit mask order on MCTS (Ex. MET-MKE-044); County administrative orders for County facilities and employees (Ex. MET-MKE-052); the statewide isolation/quarantine framework. City of Milwaukee: no general order or mask mandate from June 1, 2021 until the January 2022 ordinance (post-period).

Preemption of local orders, Milwaukee and Madison: Wisconsin did not preempt or bar local COVID-19 orders at any time in the six quarters. Wis. Stat. § 252.03 gives local health officers power to 'do what is reasonable and necessary for the prevention and suppression of disease' and to 'forbid public gatherings when deemed necessary to control outbreaks or epidemics.' The Wisconsin Supreme Court's decisions striking statewide instruments (Wisconsin Legislature v. Palm, 2020 WI 42, May 13, 2020, on Emergency Order #28; Fabick v. Evers, 2021 WI 28, Mar. 31, 2021, on successive gubernatorial emergency declarations) did not reach local orders, and both metros re-imposed their regimes locally within a day of Palm (Exs. MET-MKE-005, -074). The only judicial limit on the local orders in this metro was James v. Heinrich, 2021 WI 58 (temporary injunction Sept. 10, 2020; decision June 11, 2021), holding that § 252.03 does not authorize a local health officer to close schools and vacating the school-closure provisions of PHMDC Emergency Order #9; the court left the gathering, capacity, tavern and mask provisions untouched (Ex. MET-MKE-026). Becker v. Dane County, 2022 WI 63 (July 8, 2022) then held that § 252.03 authorizes local health officers to act by order, that no state law preempts Dane County's enforcement ordinance and that the delegation is constitutional (Ex. MET-MKE-027). The Legislature's 2021 attempts to constrain the emergency response (2021 AB 1, vetoed Feb. 5, 2021; 2021 AB 23 on vaccination mandates, vetoed Apr. 23, 2021; 2021 SB 183 on federal-funds oversight, vetoed Mar. 29, 2021; veto overrides failed May 17, 2022) never became law (docs.legis.wisconsin.gov histories read Sept. 26, 2026). The State's October 2020 capacity order (Emergency Order #3) expressly permitted more restrictive local orders, and Milwaukee's health department determined that its own order governed (Ex. MET-MKE-033).

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

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):

  • WI-039 Wis. Stat. ch. 252 (252.03 local health officers: forbid public gatherings, take all measures necessary to control communicable disease; 252.06 isolation and quarantine of persons) in force and exercised by county and city health officers, confirmed lawful and unpreempted by Becker v. Dane County, 2022 WI 63 (WI-024)
  • WI-029 Wisconsin Supreme Court order of May 21, 2021: circuit and municipal courts make county-wide decisions on masking, social distancing and sanitizing with chief-judge approval (in force through Q3 2021)
  • Federal CDC eviction moratorium (85 Fed. Reg. 55292, as extended) operating in Wisconsin eviction proceedings through Aug. 26, 2021 (FED-A; the Supreme Court's Oct. 21, 2020 order, WI-031, records its application in Wisconsin courts)
  • Federal layer (FED-A, FED-B): CDC conveyance mask order and TSA security directives; OSHA Healthcare ETS, 29 C.F.R. 1910.502 (from June 21, 2021); presidential entry proclamations and DHS land-border notices; CDC eviction moratorium to Aug. 26, 2021

Third quarter of 2021: the instruments in force, Milwaukee and Madison

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):

  • MET-MKE-023 (Dane County Face Covering Emergency Order, eff. Aug. 19, 2021)
  • MET-MKE-024 (Dane County Face Covering Emergency Order #2, eff. Sept. 10, 2021; in force on Sept. 30, 2021)
  • MET-MKE-044 (federal transit mask order as applied on MCTS through Q3 2021; CDC Order 86 Fed. Reg. 8025 and TSA SD 1582/84-21-01 series cited by name)
  • MET-MKE-047 (federal transit mask order as applied on Madison Metro)
  • MET-MKE-052 (Milwaukee County AO 20-13v10 eff. July 1, 2021; AO 20-17v4 eff. July 15, 2021; AO 20-14v7 eff. Aug. 2, 2021; AO 20-7v8 Aug. 19, 2021: County facilities and workforce)
  • MET-MKE-048 (Dane County isolation and quarantine requirements continuing after June 2, 2021, as stated by the health officer)
  • Statewide (cite by name): Wisconsin DHS isolation and quarantine directives for cases and contacts; the CDC conveyance mask order (86 Fed. Reg. 8025); OSHA Healthcare ETS, 29 C.F.R. § 1910.502

5. Standing duties in Wisconsin

Wisconsin's compulsion ran on four standing tracks that predate COVID-19, survived every court decision of 2020 and 2021, and were in force on every day of the six quarters. First, the communicable-disease statute, Wis. Stat. ch. 252 (2019-20). The Department of Health Services 'may close schools and forbid public gatherings in schools, churches, and other places to control outbreaks and epidemics' and may 'issue orders... for the control and suppression of communicable diseases, for the quarantine and disinfection of persons, localities and things' (§ 252.02(3), (4), DUT-WI-001); every local health officer 'shall promptly take all measures necessary to prevent, suppress and control communicable diseases,' 'may do what is reasonable and necessary for the prevention and suppression of disease' and 'may forbid public gatherings' (§ 252.03(1)-(2), DUT-WI-002); a 'reasonable belief in the existence of a communicable disease shall require the local health officer immediately to quarantine, isolate, require restrictions or take other communicable disease control measures' (§ 252.06(3), DUT-WI-003); and any person who 'willfully violates or obstructs the execution of any state statute or rule, county, city or village ordinance or departmental order under this chapter and relating to the public health' is imprisoned up to 30 days or fined up to $500 (§ 252.25, DUT-WI-004). The Department's rule under § 252.02(4), Wis. Admin. Code ch. DHS 145, lets State and local officials 'direct persons who own or supervise real or physical property... which present a threat of transmission of any communicable disease... to do what is reasonable and necessary to abate the threat of transmission,' with court enforcement against 'persons failing or refusing to comply' (DHS 145.06(4)-(6), DUT-WI-010). Second, the emergency-management act: the Governor may 'issue such orders as he or she deems necessary for the security of persons and property' (§ 323.12(4)(b), DUT-WI-005), and 'whoever intentionally fails to comply with an order issued by an agent of the state or of a local unit of government who is engaged in emergency management activities under this chapter... is subject to a forfeiture of not more than $200' (§ 323.28, DUT-WI-006), the penalty every statewide face-covering order recited (Ex. WI-009 § 7). Third, the safe-place statute, Wis. Stat. § 101.11(1): 'Every employer shall furnish employment which shall be safe for the employees therein and shall furnish a place of employment which shall be safe for employees therein and for frequenters thereof... and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees and frequenters' (DUT-WI-007), 'safe' meaning 'such freedom from danger to the life, health, safety or welfare of employees or frequenters, or the public... as the nature of the employment, place of employment, or public building, will reasonably permit' (§ 101.01(13), DUT-WI-012), enforced by Department of Safety and Professional Services orders and forfeitures of $10 to $100 for each offense (§ 101.02(13)(a), DUT-WI-012); for public employers, § 101.055 requires standards 'at least equal to' federal OSHA's (DUT-WI-018); private-sector Wisconsin is a federal-OSHA State and the general duty clause, 29 U.S.C. § 654(a)(1), is the DUT-FED layer. Fourth, the human-health-hazard statute: a local health officer who finds 'a substance, activity or condition that is known to have the potential... to generate or spread infectious diseases' (§ 254.01(2), DUT-WI-011) 'shall order the abatement or removal of the human health hazard on private premises,' and 'anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both' (§ 254.59(1)-(2), DUT-WI-009). The liability shields are two. 2019 Wisconsin Act 185 § 98 (Apr. 15, 2020) created § 895.4801, immunizing health care providers only for acts 'substantially consistent with' any 'direction, guidance, recommendation, or other statement made by a federal, state, or local official' or 'any guidance published by the department of health services' or HHS 'relied upon in good faith' (Ex. WI-032): the Legislature made conformity to official guidance the condition of protection. 2021 Wisconsin Act 4 § 8 (Feb. 25, 2021) created § 895.476, immunizing every 'entity' from March 1, 2020 for COVID-19 exposure claims except where 'the act or omission involves reckless or wanton conduct or intentional misconduct' (DUT-WI-008); it attaches no guidance condition, and by § 895.476(4) it is 'in addition to, not in lieu of, other immunity' and repeals no duty. The State orders, while they lasted, wrote the same conduct in as the condition of operating: Emergency Order #12 § 2 ('To the greatest extent feasible, Essential Businesses and Operations shall comply with Social Distancing Requirements'), § 16 (the Requirements include 'following all other public health recommendations issued by DHS and the U.S. Centers for Disease Control') and § 17 (penalty under § 252.25) (Ex. WI-002); Emergency Order #28 § 2.b.ii ('Essential businesses and operations shall... Restrict the number of workers present on premises... Increase standards of facility cleaning and disinfection... adopting protocols to clean and disinfect in the event of a positive COVID-19 case') (Ex. WI-003); Emergency Order #34 (staff 'must be limited to one person in a room or confined space at a time') (DUT-WI-013); Emergency Order #36 (retail 'up to five customers at a time'; Social Distancing Requirements 'must be observed at all times'; 'All businesses shall review the Wisconsin Economic Development Corporation guidelines... Businesses must consider integrating and adopting the applicable guidelines') (DUT-WI-014); the face-covering orders of August 1, 2020 to March 31, 2021 (Ex. WI-009 and successors); and Emergency Order #3's 25 percent gathering limit (Ex. WI-012). Executive Order #94 (Nov. 10, 2020) 'recommend[s]' and 'strongly encourage[s],' with one 'must' (Ex. WI-013), and is recorded as a recommendation. After Wisconsin Legislature v. Palm, 2020 WI 42 (May 13, 2020) ended the statewide Safer at Home regime, the county and city health officers carried the conditions under § 252.03: Forward Dane Emergency Order #3 (May 22, 2020) made 'all businesses... subject to' a 25 percent capacity limit and written hygiene, cleaning and protective-measure policies, enforceable by county and municipal ordinance citations (Ex. MET-MKE-006), and Becker v. Dane County, 2022 WI 63, held that § 252.03 'grants local health officers the authority to issue orders' and that their 'enforceable public health orders' are lawful and unpreempted (Ex. WI-024 ¶ 2). The Attorney General's interim opinion OAG-03-20 (May 15, 2020) told the counties two days after Palm that the decision 'is not directly controlling on powers under' § 252.03 (DUT-WI-017). The Court in Palm itself wrote: 'We do not conclude that Palm was without any power to act in the face of this pandemic' (Ex. WI-007 ¶ 4). The recommendations that supplied the content of the duties are saved as recommendations: the Department's 'COVID-19: Businesses and Employers' page as captured March 26, 2020 ('Employers should...'; 'Ensure that employees who have symptoms of respiratory illness stay home') (DUT-WI-016) and the WEDC 'General Guidance for All Businesses' of May 7, 2020 ('best practices'; 'You are encouraged') (DUT-WI-015), incorporated by Emergency Order #12 § 16 and Emergency Order #36 § 3.a while those orders ran, and thereafter the measure of what the safe-place statute's 'reasonably necessary' and § 254.59's 'human health hazard' required.

The phase question

Whether the measures Wisconsin employers took beyond the four corners of the emergency orders were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by Wisconsin law and of conditions the orders themselves attached to the right to operate.

The State's standing duties

Ex. DUT-WI-001

Wis. Stat. § 252.02 (2019-20), Powers and duties of department

Powers and duties of department: surveillance and inspection (1); closing schools and forbidding public gatherings (3); rules and orders for control, suppression, quarantine and disinfection binding the whole or any part of the state and superseding less stringent local regulation (4); agents to execute orders where persons in charge of buildings fail to comply (5); all emergency measures necessary (6)

Wisconsin Legislature (codified statute; administered by the Department of Health Services), Wisconsin (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureGathering capSchools and child careQuarantine and isolationStanding duty
Character
statutory authority
Grade
Primary source read

(3) The department may close schools and forbid public gatherings in schools, churches, and other places to control outbreaks and epidemics. (4)... the department may promulgate and enforce rules or issue orders... for the control and suppression of communicable diseases, for the quarantine and disinfection of persons, localities and things...

Enforcement: § 252.25 (DUT-WI-004): imprisonment up to 30 days or fine up to $500 or both for willful violation or obstruction of any departmental order under the chapter; sub. (5) agents appointed to execute orders at the expense of the unit of government or the State.

Citation: Wisconsin Legislature (codified statute; administered by the Department of Health Services), Wis. Stat. § 252.02 (2019-20), Powers and duties of department (standing) (Ex. DUT-WI-001) Open the exhibit

Ex. DUT-WI-002

Wis. Stat. § 252.03 (2019-20), Duties of local health officers

Duties of local health officers: investigate and 'promptly take all measures necessary to prevent, suppress and control communicable diseases' (1); 'do what is reasonable and necessary' and 'forbid public gatherings' (2); department takes charge if local authorities fail to enforce (3)

Wisconsin Legislature (codified statute; executed by county and municipal local health officers), Wisconsin (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureCapacity limitGathering capFace-covering requirementWorkplace rulesStanding duty
Character
statutory duty
Grade
Primary source read

(1)... The local health officer shall promptly take all measures necessary to prevent, suppress and control communicable diseases... (2) Local health officers may do what is reasonable and necessary for the prevention and suppression of disease; may forbid public gatherings when deemed necessary to control outbreaks or epidemics and shall advise the department of measures taken.

Enforcement: § 252.25 (DUT-WI-004): 30 days / $500 for willful violation or obstruction of any county, city or village ordinance or order under the chapter; local ordinance forfeitures (Dane County Ordinance § 46.40; Madison Municipal Ordinance § 7.05(6)) recited in the Forward Dane orders (Ex. MET-MKE-006 § 9) and upheld in Becker (Ex. WI-024).

Citation: Wisconsin Legislature (codified statute; executed by county and municipal local health officers), Wis. Stat. § 252.03 (2019-20), Duties of local health officers (standing) (Ex. DUT-WI-002) Open the exhibit

Ex. DUT-WI-003

Wis. Stat. § 252.06 (2019-20), Isolation and quarantine

Isolation and quarantine: DHS or local officer may require isolation, quarantine of contacts and disinfection (1); mandatory action on reasonable belief in a communicable disease (3); persons forbidden direct contact; entry into isolation or quarantine premises an offense when § 250.042(1) applies (4); quarantine guards with police powers (5); removal to a separate place (6)

Wisconsin Legislature (codified statute; executed by DHS and local health officers), Wisconsin (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Quarantine and isolationStanding duty
Character
statutory duty
Grade
Primary source read

(3)... a reasonable belief in the existence of a communicable disease shall require the local health officer immediately to quarantine, isolate, require restrictions or take other communicable disease control measures in the manner, upon the persons and for the time specified in rules promulgated by the department.... The local health officer shall... act to protect the public.

Enforcement: Sub. (4)(b)2.: fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both, for entering isolation or quarantine premises when § 250.042(1) applies; otherwise § 252.25 (30 days / $500); enforcement by quarantine guards with police powers (sub. (5)).

Citation: Wisconsin Legislature (codified statute; executed by DHS and local health officers), Wis. Stat. § 252.06 (2019-20), Isolation and quarantine (standing) (Ex. DUT-WI-003) Open the exhibit

Ex. DUT-WI-004

Wis. Stat. § 252.25 (2019-20), Violation of law relating to health

Penalty for willful violation or obstruction of any state statute or rule, county, city or village ordinance or departmental order under ch. 252 relating to the public health

Wisconsin Legislature (codified statute), Wisconsin (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
order penalty
Grade
Primary source read

Any person who willfully violates or obstructs the execution of any state statute or rule, county, city or village ordinance or departmental order under this chapter and relating to the public health, for which no other penalty is prescribed, shall be imprisoned for not more than 30 days or fined not more than $500 or both.

Enforcement: Imprisonment not more than 30 days or fine not more than $500 or both (the statute's text); Emergency Orders #12 § 17 and #28 § 18 recited 'up to 30 days imprisonment, or up to $250 fine, or both. Wis. Stat. § 252.25'; Emergency Order #3 § 6 recited 'civil forfeiture. Wis. Stat. § 252.25; Legislature v. Palm.'

Citation: Wisconsin Legislature (codified statute), Wis. Stat. § 252.25 (2019-20), Violation of law relating to health (standing) (Ex. DUT-WI-004) Open the exhibit

Ex. DUT-WI-005

Wis. Stat. § 323.12 (2019-20), Powers and duties of the governor

Powers and duties of the governor, including powers during an emergency: priority of emergency contracts, orders 'necessary for the security of persons and property,' suspension of administrative rules

Wisconsin Legislature (codified statute; exercised by the Governor), Wisconsin (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declarationStanding duty
Character
statutory authority
Grade
Primary source read

(4) Powers during an emergency. The governor may do all of the following during a state of emergency... (b) Issue such orders as he or she deems necessary for the security of persons and property.

Enforcement: § 323.28 (DUT-WI-006): forfeiture not more than $200 for intentional failure to comply.

Citation: Wisconsin Legislature (codified statute; exercised by the Governor), Wis. Stat. § 323.12 (2019-20), Powers and duties of the governor (standing) (Ex. DUT-WI-005) Open the exhibit

Ex. DUT-WI-006

Wis. Stat. § 323.28 (2019-20), Penalties

Forfeiture for intentional failure to comply with an order issued by an agent of the state or of a local unit of government engaged in emergency management activities

Wisconsin Legislature (codified statute), Wisconsin (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementStanding dutyOther
Character
order penalty
Grade
Primary source read

Whoever intentionally fails to comply with an order issued by an agent of the state or of a local unit of government who is engaged in emergency management activities under this chapter, including training exercises, is subject to a forfeiture of not more than $200.

Enforcement: Forfeiture not more than $200 per violation (recited in Emergency Order #1 (Face Coverings) § 7, Ex. WI-009: 'This order is enforceable by civil forfeiture of not more than $200. Wis. Stat. § 323.28.').

Citation: Wisconsin Legislature (codified statute), Wis. Stat. § 323.28 (2019-20), Penalties (standing) (Ex. DUT-WI-006) Open the exhibit

Ex. DUT-WI-007

Wis. Stat. § 101.11 (2019-20), Employer's duty to furnish safe employment and place (the safe-place statute)

Every employer shall furnish safe employment and a safe place of employment for employees and frequenters, adopt methods and processes reasonably adequate to render them safe, and do every other thing reasonably necessary to protect life, health, safety and welfare; no employer shall permit any employee to be in an unsafe place of employment; owners of places of employment and public buildings bound

Wisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services), Wisconsin (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

Every employer shall furnish employment which shall be safe for the employees therein and shall furnish a place of employment which shall be safe for employees therein and for frequenters thereof... and shall do every other thing reasonably necessary to protect the life, health, safety, and welfare of such employees and frequenters.

Enforcement: § 101.02(13)(a) (DUT-WI-012): forfeiture of not less than $10 nor more than $100 for each offense for violating the subchapter, failing to perform any duty under it or disobeying a DSPS order; DSPS orders and inspections under § 101.02; the section is the duty enforced in Wisconsin negligence actions by employees and frequenters.

Citation: Wisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services), Wis. Stat. § 101.11 (2019-20), Employer's duty to furnish safe employment and place (the safe-place statute) (standing) (Ex. DUT-WI-007) Open the exhibit

Ex. DUT-WI-008

2021 Wisconsin Act 4, Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19 (Wis. Stat. § 895.476)

An Act... relating to: the unemployment insurance program and immunity from liability related to COVID-19 exposure

Wisconsin Legislature (January 2021 Special Session Senate Bill 1); Governor Tony Evers (signed), Wisconsin (State)

Dates
Standing (2021-02-27 (day after publication, Wis. Stat. § 991.11); immunity reaches acts and omissions 'Beginning March 1, 2020' and applies retroactively to all claims except actions filed before the effective date (§ 9(1)))
Quarters
2021 Q12021 Q22021 Q3
Limitations
Standing dutyOperating conditionOther
Character
liability shield condition
Grade
Primary source read

(2) Beginning March 1, 2020, an entity is immune from civil liability... caused by an act or omission resulting in or relating to exposure... to the novel coronavirus... in the course of or through the performance or provision of the entity's functions or services. (3) Subsection (2) does not apply if the act or omission involves reckless or wanton conduct or intentional misconduct.

Enforcement: Not a penal statute; the immunity is lost for 'reckless or wanton conduct or intentional misconduct' (sub. (3)).

Citation: Wisconsin Legislature (January 2021 Special Session Senate Bill 1); Governor Tony Evers (signed), 2021 Wisconsin Act 4, Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19 (Wis. Stat. § 895.476) (standing) (Ex. DUT-WI-008) Open the exhibit

Ex. DUT-WI-009

Wis. Stat. § 254.59 (2019-20), Human health hazards

Local health officer's mandatory order to abate or remove a human health hazard on private premises; owner or occupant to comply; abatement at the owner's cost as a special tax; fine or imprisonment for maintaining a human health hazard; entry and examination of any place

Wisconsin Legislature (codified statute; executed by local health officers), Wisconsin (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureStanding dutyOperating condition
Character
sanitary code duty
Grade
Primary source read

(1) If a local health officer finds a human health hazard, he or she shall order the abatement or removal of the human health hazard on private premises, within a reasonable time period, and if the owner or occupant fails to comply, the local health officer may enter upon the premises and abate or remove the human health hazard.

Enforcement: Sub. (2): 'Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both'; abatement cost as a special tax on the land; sub. (4): refusal of entry fined $10 to $100.

Citation: Wisconsin Legislature (codified statute; executed by local health officers), Wis. Stat. § 254.59 (2019-20), Human health hazards (standing) (Ex. DUT-WI-009) Open the exhibit

Ex. DUT-WI-010

Wis. Admin. Code ch. DHS 145, Control of Communicable Diseases

Control of communicable diseases: reporting (145.04); investigation and control by local health officers following APHA methods (145.05); general statement of powers: directives to persons with contagious conditions including to 'cease and desist in conduct or employment which constitutes a threat to others' (145.06(4)(e)), court enforcement on failure to comply (145.06(5)), and directives to owners and supervisors of property presenting a threat of transmission (145.06(6)); special disease control measures (145.07)

Wisconsin Department of Health Services (administrative rule under Wis. Stat. § 252.02(4) and § 252.04-.05), Wisconsin (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesQuarantine and isolationStanding dutyOperating condition
Character
sanitary code duty
Grade
Primary source read

Officials empowered under... s. 252.03 (1) and (2), Stats., may direct persons who own or supervise real or physical property... which present a threat of transmission of any communicable disease... to do what is reasonable and necessary to abate the threat of transmission. Persons failing or refusing to comply with a directive shall come under the provisions of sub. (5)...

Enforcement: DHS 145.06(5): petition to a court of record to order compliance; § 252.25 (30 days / $500) for willful violation or obstruction of a departmental rule or order under ch. 252.

Citation: Wisconsin Department of Health Services (administrative rule under Wis. Stat. § 252.02(4) and § 252.04-.05), Wis. Admin. Code ch. DHS 145, Control of Communicable Diseases (standing) (Ex. DUT-WI-010) Open the exhibit

Ex. DUT-WI-011

Wis. Stat. § 254.01 (2019-20), Definitions ('human health hazard')

Definition of 'human health hazard' for the abatement power of § 254.59 and the local health officer's powers under ch. 254

Wisconsin Legislature (codified statute), Wisconsin (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
sanitary code duty
Grade
Primary source read

(2) "Human health hazard" means a substance, activity or condition that is known to have the potential to cause acute or chronic illness, to endanger life, to generate or spread infectious diseases, or otherwise injuriously to affect the health of the public.

Enforcement: Through § 254.59(2): $300 / 90 days; abatement at the owner's cost.

Citation: Wisconsin Legislature (codified statute), Wis. Stat. § 254.01 (2019-20), Definitions ('human health hazard') (standing) (Ex. DUT-WI-011) Open the exhibit

Ex. DUT-WI-012

Wis. Stat. ch. 101 (2019-20), whole chapter, for § 101.01(13) (definition of 'safe') and § 101.02(13)(a) (forfeiture)

Definitions and DSPS powers, duties and jurisdiction: 'safe' or 'safety' defined by freedom from danger to employees, frequenters and the public 'as the nature of the employment, place of employment, or public building, will reasonably permit'; forfeiture for violating subch. I, failing to perform any duty under it or disobeying a department order

Wisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services), Wisconsin (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

(13) "Safe" or "safety", as applied to an employment or a place of employment or a public building, means such freedom from danger to the life, health, safety or welfare of employees or frequenters, or the public, or tenants, or fire fighters... as the nature of the employment, place of employment, or public building, will reasonably permit.

Enforcement: § 101.02(13)(a): forfeiture $10 to $100 for each offense; department orders and inspections.

Citation: Wisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services), Wis. Stat. ch. 101 (2019-20), whole chapter, for § 101.01(13) (definition of 'safe') and § 101.02(13)(a) (forfeiture) (standing) (Ex. DUT-WI-012) Open the exhibit

Ex. DUT-WI-013

Emergency Order #34, Interim Order to Turn the Dial

Interim Order to Turn the Dial: Minimum Basic Operations expanded to curb-side drop-off, outdoor recreational rentals and automatic car washes, each on stated conditions; Emergency Orders #28 and #31 remain in effect

Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor Evers, Wisconsin (State)

Dates
Standing (2020-04-29 8:00 a.m.)
Quarters
2020 Q2
Limitations
Business closureCapacity limitWorkplace rulesOperating condition
Character
order operating condition
Grade
Primary source read

Staff within the business or facility must be limited to one person in a room or confined space at a time... Services must be paid for on-line or by phone. Drop-offs and pick-ups must be scheduled ahead of time to ensure compliance with Social Distancing Requirements as defined in section 16 of the Safer at Home Order. Customers are not permitted in the business or facility.

Enforcement: Emergency Order #28 § 18 (kept in effect by § 2): 'up to 30 days imprisonment, or up to $250 fine, or both. Wis. Stat. § 252.25.'

Citation: Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor Evers, Emergency Order #34, Interim Order to Turn the Dial (Apr. 27, 2020) (Ex. DUT-WI-013) Open the exhibit

Ex. DUT-WI-014

Emergency Order #36, Interim Order to Turn the Dial (in-person retail and drive-in theaters)

Interim Order to Turn the Dial: standalone and strip-mall retail may open to five customers at a time on distancing, cleaning and queuing conditions; drive-in theaters; all businesses shall review the WEDC safe business practice guidelines and must consider integrating and adopting them

Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor Evers, Wisconsin (State)

Dates
Standing (2020-05-11 (effective immediately))
Quarters
2020 Q2
Limitations
Capacity limitFace-covering requirementWorkplace rulesOperating conditionOther
Character
guidance incorporated
Grade
Primary source read

Social Distancing Requirements, as defined in Section 16 of Emergency Order #28 Safer at Home Order, must be observed at all times.... 3.... a. All businesses shall review the Wisconsin Economic Development Corporation guidelines on safe business practices... Businesses must consider integrating and adopting the applicable guidelines...

Enforcement: Emergency Order #28 § 18 (kept in effect by § 4): § 252.25.

Citation: Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor Evers, Emergency Order #36, Interim Order to Turn the Dial (in-person retail and drive-in theaters) (May 11, 2020) (Ex. DUT-WI-014) Open the exhibit

Ex. DUT-WI-015

WEDC Reopen Guidelines: General Guidance for All Businesses, Best Practices to Reopen (version dated 5.7.2020)

General Guidance for All Businesses: best practices to reopen (employee health, distancing, face coverings, cleaning and disinfection, screening, training, customer interaction)

Wisconsin Economic Development Corporation (WEDC), with the Department of Health Services (Badger Bounce Back), Wisconsin (State)

Dates
Standing (2020-05-07 (posted; referenced by Emergency Order #36 of May 11, 2020; captured May 13, 2020))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesOther
Character
recommendation only
Grade
Primary source read

This guidance was developed to share general best practices for getting ready to reopen your business during the COVID-19 pandemic. Best business practices for COVID-19 may change over time. You are encouraged to visit www.dhs.wisconsin.gov/covid-19 or www.wedc.org/reopen-guidelines for the latest information and resources related to Wisconsin's response to this health emergency.

Enforcement: None of its own. Legal effect through Emergency Order #36 § 3.a ('All businesses shall review... Businesses must consider integrating and adopting the applicable guidelines') while that order ran (May 11-13, 2020), and thereafter as the published measure of what § 101.11's 'reasonably necessary' and § 254.59's abatement required.

Citation: Wisconsin Economic Development Corporation (WEDC), with the Department of Health Services (Badger Bounce Back), WEDC Reopen Guidelines: General Guidance for All Businesses, Best Practices to Reopen (version dated 5.7.2020) (May 7, 2020) (Ex. DUT-WI-015) Open the exhibit

Ex. DUT-WI-016

DHS web guidance, 'COVID-19: Businesses and Employers' (page as captured March 26, 2020)

Guidance for Employers: what employers can do now to prepare for COVID-19 impacts to the workplace (sick leave, staying home when sick, hand hygiene, distancing of 6 feet, routine environmental cleaning, identification and isolation of sick people, response to a positive case)

Wisconsin Department of Health Services, Division of Public Health, Wisconsin (State)

Dates
Standing (2020-03-26 (capture date; the page was maintained and revised through 2020-2021))
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesOther
Character
recommendation only
Grade
Primary source read

All employers need to consider how best to decrease the spread of acute respiratory illness and lower the impact of COVID-19 in their workplace.... Employers should ensure that their sick leave policies are flexible... Whenever possible, maintain a distance of at least 6 feet from others.... Ensure that employees who have symptoms of respiratory illness stay home and do not come to work

Enforcement: None of its own. Legal effect through Emergency Order #12 § 16 and Emergency Order #28 (Social Distancing Requirements 'includes... following all other public health recommendations issued by DHS and the U.S. Centers for Disease Control,' which Essential Businesses and Operations 'shall comply with' (Ex. WI-002 § 2; Ex. WI-003 § 2.b.ii.1)), March 25 to May 13, 2020; thereafter as the content of §…

Citation: Wisconsin Department of Health Services, Division of Public Health, DHS web guidance, 'COVID-19: Businesses and Employers' (page as captured March 26, 2020) (Mar. 26, 2020) (Ex. DUT-WI-016) Open the exhibit

Ex. DUT-WI-017

Interim Attorney General Opinion OAG-03-20 to Outagamie County Executive Thomas Nelson

Effect of Wisconsin Legislature v. Palm, 2020 WI 42, on local health officers' powers under Wis. Stat. § 252.03 to issue orders responding to COVID-19

Joshua L. Kaul, Attorney General of Wisconsin (Wisconsin Department of Justice), Wisconsin (State)

Dates
Standing (2020-05-15)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Business closureGathering capOther
Character
agency interpretation
Grade
Primary source read

That statute does not govern the authority of local health officers, which is separately set out in Wis. Stat. § 252.03. That separate grant of local authority provides, among other things, powers to "prevent, suppress and control communicable diseases" and "forbid public gatherings..."... the Palm decision is not directly controlling on powers under the latter statute.

Enforcement: n/a (opinion); enforcement of local orders by ordinance forfeiture as recommended (Dane County Ordinance § 46.40; Madison Municipal Ordinance § 7.05(6); Ex. MET-MKE-006 § 9), upheld in Becker.

Citation: Joshua L. Kaul, Attorney General of Wisconsin (Wisconsin Department of Justice), Interim Attorney General Opinion OAG-03-20 to Outagamie County Executive Thomas Nelson (May 15, 2020) (Ex. DUT-WI-017) Open the exhibit

Ex. DUT-WI-018

Wis. Stat. § 101.055 (2019-20), Public employee safety and health

Public employee safety and health: DSPS shall adopt standards protecting public employees 'at least equal to' federal OSHA standards; inspections, orders, variances, records and employee rights for public employers

Wisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services), Wisconsin (State)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
workplace duty
Grade
Primary source read

(3) Standards. (a) The department shall adopt, by administrative rule, standards to protect the safety and health of public employees. The standards shall provide protection at least equal to that provided to private sector employees under standards promulgated by the federal occupational safety and health administration...

Enforcement: DSPS orders under sub. (5) with posting and correction deadlines; § 101.02(13)(a) forfeitures; records and inspection duties (sub. (7)).

Citation: Wisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services), Wis. Stat. § 101.055 (2019-20), Public employee safety and health (standing) (Ex. DUT-WI-018) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

29 U.S.C. 654 (OSH Act § 5, the general duty clause)

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
statutory duty
Grade
Primary source read

(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.

Enforcement: 29 U.S.C. 666: civil penalties for serious, other-than-serious, willful and repeated violations (2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); willful violations causing death are criminal (29 U.S.C. 666(e)).

Citation: Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001) Open the exhibit

Ex. DUT-FED-002

29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)

Judicial review; discharge or discrimination against employee for exercise of rights

Congress (OSH Act § 11(c)), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
statutory duty
Grade
Primary source read

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.

Enforcement: 29 U.S.C. 660(c)(2): Secretary's suit in district court for reinstatement with back pay and 'all appropriate relief'

Citation: Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002) Open the exhibit

Ex. DUT-FED-003

29 C.F.R. 1910.132 (personal protective equipment, general requirements)

General requirements (Subpart I, Personal Protective Equipment)

Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment... (d)(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE).

Enforcement: 29 U.S.C. 666 (civil penalties per violation)

Citation: Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003) Open the exhibit

Ex. DUT-FED-004

29 C.F.R. 1910.134 (respiratory protection)

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

(a)(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program... (c)(1)... the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004) Open the exhibit

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

(a)(3)(i) All places of employment shall be kept clean to the extent that the nature of the work allows.... (d)(1) Washing facilities shall be maintained in a sanitary condition.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005) Open the exhibit

Ex. DUT-FED-006

29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
agency position statement
Grade
Primary source read

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates
Standing (2021-01-29)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-08-13)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-06)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

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

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates
Standing (2020-09-09)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates
Standing (2020-09-11)
Quarters
2020 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates
Standing (2021-04-22)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates
Standing (2021-04-15)
Quarters
2020 Q42021 Q2
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates
Standing (2020-10-09)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2020-11-06)
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rules
Character
agency enforcement summary
Grade
Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates
Standing (2020-12-08)
Quarters
2020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates
Standing (2021-04-20)
Quarters
2021 Q2
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesVaccination or testingStanding duty
Character
regulatory duty
Grade
Primary source read

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersWorkplace rulesStanding duty
Character
regulatory duty
Grade
Primary source read

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Standing dutyOther
Character
liability shield condition
Grade
Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates
Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Other
Character
agency interpretation
Grade
Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

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

Dates
Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitations
Vaccination or testingOther
Character
liability shield condition
Grade
Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates
Standing (2020-04-17)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-09-08)
Quarters
2020 Q32020 Q4
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
statutory framework
Grade
Primary source read

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
regulatory framework
Grade
Primary source read

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesStanding duty
Character
regulatory framework
Grade
Primary source read

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

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

Dates
Standing (2020-03-21)
Quarters
2020 Q2
Limitations
Workplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

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

Dates
Standing (2020-05-06)
Quarters
2020 Q22020 Q32020 Q42021 Q1
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates
Standing (2020-03-18)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

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

Dates
Standing (2020-07-15)
Quarters
2020 Q32020 Q4
Limitations
Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-04-26)
Quarters
2020 Q22020 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character
agency guidance recommendation
Grade
Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates
Standing (2020-07-09)
Quarters
2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

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

Dates
Standing (2020-04-08)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesQuarantine and isolation
Character
agency guidance recommendation
Grade
Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

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

Dates
Standing (2020-05-27)
Quarters
2020 Q22020 Q3
Limitations
Capacity limitFace-covering requirementWorkplace rules
Character
agency guidance recommendation
Grade
Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates
Standing (2020-03-13)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rulesSupply chain
Character
emergency relief with mandatory conditio
Grade
Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates
Standing
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rules
Character
agency position statement
Grade
Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates
Standing (2021-01-08)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Health care ordersWorkplace rules
Character
enforcement record
Grade
Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates
Standing (2021-10-01)
Quarters
2021 Q22021 Q3
Limitations
Workplace rules
Character
enforcement record
Grade
Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2020-12-16)
Quarters
2020 Q42021 Q12021 Q2
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates
Standing (2021-05-28)
Quarters
2021 Q22021 Q3
Limitations
Workplace rulesVaccination or testingQuarantine and isolation
Character
agency guidance permissive
Grade
Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates
Standing (2021-06-10)
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Character
agency guidance recommendation
Grade
Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates
Standing (2022-06-06)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementWorkplace rules
Character
adjudication
Grade
Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

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

This section applies the five-step test of section 3 to a business in Wisconsin 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 265 instruments in force for this selection: 19 instruments from the State of Wisconsin (Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #31 (Apr. 20, 2020) (Ex. WI-004); Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #5 (March 17, 2020) (superseding Emergency Order #4 of March 16, 2020, gatherings of 50 or more) (Mar. 17, 2020) (Ex. WI-035); Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #36 (May 11, 2020) (Ex. WI-006); and 16 more), 21 instruments from Milwaukee and Madison (Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #2 (May 18, 2020) (Ex. MET-MKE-005); Public Health Officer of Madison and Dane County (Public Health Madison & Dane County), Safer at Home Order of Public Health Madison & Dane County (adopting and incorporating DHS Emergency Order #12) (Mar. 25, 2020) (Ex. MET-MKE-003); Jeanette Kowalik, PhD, MPH, MCHES, Commissioner of Health, City of Milwaukee Health Department, Order of the City of Milwaukee Commissioner of Health Imposing a City-Wide 'Stay-At-Home' Requirement to Mitigate the Spread of COVID-19 (signed March 23, 2020) (Mar. 23, 2020) (Ex. MET-MKE-030); and 18 more), 3 instruments from the agencies, boards and authorities of Wisconsin (Wisconsin Department of Corrections (Secretary Kevin A. Carr), WI DOC COVID-19 Announcements page (as archived Apr. 4, 2020) (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015); Wisconsin Department of Transportation (implementing the Governor's declaration), WisDOT news release: Overweight permits for truckers hauling groceries extended (Mar. 26, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-008); Wisconsin Legislature; approved by Governor Tony Evers April 15, 2020, 2019 Wisconsin Act 185 (2019 Assembly Bill 1038) (Apr. 15, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-069)), 179 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190); and 176 more) and 43 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 41 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF workforce (Ex. MET-MKE-005); CB customer base (Ex. MET-MKE-005); CB customer base under stay-home (Ex. MET-MKE-003); DR dining rooms 25 percent (Ex. MET-MKE-054); GATH events (Ex. MET-MKE-005); OP offices (Ex. MET-MKE-005); TR travel (Ex. MET-MKE-045); BA bars closed (Ex. MET-MKE-028); CL closings and evictions (Ex. WI-026); CT (Ex. WI-033).

Step three, the change compelled. Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #2 (May 18, 2020) (Ex. MET-MKE-005) ordered: "All individuals present within the County of Dane are encouraged to stay at home... Non-essential business. All non-essential businesses may only operate as authorized in Section 12, Minimum Basic Operations.... All businesses, including Essential Businesses and Operations, shall: 1. To the greatest…" Enforcement: Wis. Stat. § 252.03 (order); § 252.25 penalties and local ordinance forfeitures apply as recited in the March 2020 orders Public Health Officer of Madison and Dane County (Public Health Madison & Dane County), Safer at Home Order of Public Health Madison & Dane County (adopting and incorporating DHS Emergency Order #12) (Mar. 25, 2020) (Ex. MET-MKE-003) ordered: "On March 24, 2020, at the direction of Governor Tony Evers, the Secretary-designee of the Wisconsin Department of Health Services issued Emergency Order #12, SAFER AT HOME ORDER, a copy of which is attached hereto and fully incorporated herein. That Order is effective at 8:00 a.m. on Wednesday…" Enforcement: Crime punishable by fine, imprisonment, or both (Wis. Stats. §§ 252.03 & 252.25) and a violation of Dane County Ordinance § 46.25(1) and Madison General… Jeanette Kowalik, PhD, MPH, MCHES, Commissioner of Health, City of Milwaukee Health Department, Order of the City of Milwaukee Commissioner of Health Imposing a City-Wide 'Stay-At-Home' Requirement to Mitigate the Spread of COVID-19 (signed March 23, 2020) (Mar. 23, 2020) (Ex. MET-MKE-030) ordered: "all individuals currently living within the City of Milwaukee ('City') are ordered to stay at home or at their place of residence.... Non-essential business and operations must cease. All businesses with a facility in the City, except Essential Businesses and Operations as defined below, are…" Enforcement: Wis. Stat. § 252.03 (order); § 252.25 penalties 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. Emergency Order #2 (Ex. MET-MKE-005) was in force from May 19, 2020 to May 26, 2020, 8 of the quarter's 110 days; Safer at Home Order of Public Health Madison & Dane County (adopting and incorporating DHS… (Ex. MET-MKE-003) was in force from Mar. 25, 2020 to Apr. 24, 2020, 31 of the quarter's 110 days; Order of the City of Milwaukee Commissioner of Health Imposing a City-Wide 'Stay-At-Home'… (Ex. MET-MKE-030) was in force from Mar. 25, 2020 to May 14, 2020, 51 of the quarter's 110 days. Of the 43 instruments in the quarter's record, 5 were in force on its first day, 22 on its last day and 3 on every day of the quarter.

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

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

Step one, the orders. In the third quarter of 2020 the Library holds 241 instruments in force for this selection: 8 instruments from the State of Wisconsin (Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039); Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040); Wisconsin Supreme Court (administrative and superintending authority, Wis. Const. art. VII, § 3), Order, In re the Matter of Jury Trials During the COVID-19 Pandemic (Mar. 22, 2020) (Ex. WI-025); and 5 more), 23 instruments from Milwaukee and Madison (Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #6 (June 25, 2020) (Ex. MET-MKE-009); Milwaukee Health Department, Moving Milwaukee Forward Phased Re-Opening Plan, full table (June 25, 2020) (Phase 4 version) (Ex. MET-MKE-058); City of Milwaukee, acting through its Commissioner of Health (Jeanette Kowalik, Commissioner), Order #4, COVID-19 Public Health Plan for the City of Milwaukee (June 26, 2020) (Moving Milwaukee Forward Safely Phase 4) (Ex. MET-MKE-056); and 20 more), 2 instruments from the agencies, boards and authorities of Wisconsin (Wisconsin Department of Corrections (Secretary Kevin A. Carr), WI DOC COVID-19 Announcements page (as archived Apr. 4, 2020) (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015); Wisconsin Legislature; approved by Governor Tony Evers April 15, 2020, 2019 Wisconsin Act 185 (2019 Assembly Bill 1038) (Apr. 15, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-069)), 163 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); and 160 more) and 45 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 43 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: BA bars closed to indoor customers (Ex. MET-MKE-010); CB customer base (Ex. MET-MKE-011); DR dining rooms 25 percent (Ex. MET-MKE-010); DR dining rooms 50 percent (Ex. MET-MKE-009); TR travel (Ex. MET-MKE-045); WF workforce (Ex. MET-MKE-013); WF workforce commuting (Ex. MET-MKE-045); WF workforce of every employer (Ex. MET-MKE-012); CT courts (Ex. WI-025); DR dining rooms (Ex. MET-MKE-065).

Step three, the change compelled. Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #6 (June 25, 2020) (Ex. MET-MKE-009) ordered: "A Mass Gathering inside a commercial facility is permitted with fifty (50) individuals or less not including employees.... A Mass Gathering outside is permitted with one hundred (100) individuals or less not including employees.... Indoor dine-in capacity to 50% of approved seating capacity... This…" Enforcement: Wis. Stat. § 252.03 Milwaukee Health Department, Moving Milwaukee Forward Phased Re-Opening Plan, full table (June 25, 2020) (Phase 4 version) (Ex. MET-MKE-058) ordered: "MILWAUKEE SAFE AT HOME: Issued on May 14, 2020 - Overridden by Phase 2 on May 21, 2020... Retail... capacity of 50% or 1 person for every 30 [square feet] [Phase 4]" Enforcement: n/a City of Milwaukee, acting through its Commissioner of Health (Jeanette Kowalik, Commissioner), Order #4, COVID-19 Public Health Plan for the City of Milwaukee (June 26, 2020) (Moving Milwaukee Forward Safely Phase 4) (Ex. MET-MKE-056) ordered: "the City of Milwaukee, acting through its Commissioner of Health immediately orders the following until further notice:... Gathering Size Limits are set at the lesser of: (i) 50% of the total occupancy of the location established by the City of Milwaukee, if any, (ii) one person for every 30 square…" Enforcement: Citations under Milwaukee Code of Ordinances chs. 17 and 62 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. Emergency Order #6 (Ex. MET-MKE-009) was in force from June 25, 2020 to July 2, 2020, 2 of the quarter's 92 days; Moving Milwaukee Forward Phased Re-Opening Plan, full table (June 25, 2020) (Phase 4… (Ex. MET-MKE-058) was in force from June 25, 2020 to Sept. 30, 2020, 92 of the quarter's 92 days; Order #4, COVID-19 Public Health Plan for the City of Milwaukee (June 26, 2020) (Moving… (Ex. MET-MKE-056) was in force from July 1, 2020 to July 31, 2020, 31 of the quarter's 92 days. Of the 33 instruments in the quarter's record, 12 were in force on its first day, 25 on its last day and 8 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 237 instruments in force for this selection: 10 instruments from the State of Wisconsin (Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039); Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040); Wisconsin Supreme Court, Amended Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Apr. 15, 2020) (Ex. WI-043); and 7 more), 17 instruments from Milwaukee and Madison (City of Milwaukee, acting through its Commissioner of Health, Order #4.1, COVID-19 Public Health Plan for the City of Milwaukee (July 30, 2020) (Ex. MET-MKE-060); Milwaukee Health Department, Moving Milwaukee Forward Safely full table (July 31, 2020) (Phase 4.1 version) (Ex. MET-MKE-061); Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #9 Amendment (Sept. 1, 2020) (Ex. MET-MKE-013); and 14 more), 2 instruments from the agencies, boards and authorities of Wisconsin (Wisconsin Department of Corrections (Secretary Kevin A. Carr), WI DOC COVID-19 Announcements page (as archived Apr. 4, 2020) (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015); Wisconsin Legislature; approved by Governor Tony Evers April 15, 2020, 2019 Wisconsin Act 185 (2019 Assembly Bill 1038) (Apr. 15, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-069)), 160 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); and 157 more) and 48 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 46 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: DR dining rooms 25 percent (Ex. MET-MKE-013); BA bars closed to indoor customers (Ex. MET-MKE-013); WF workforce (Ex. MET-MKE-013); CT courts (Ex. WI-043); DR/BA (Ex. WI-011); EC child care 75 percent (Ex. MET-MKE-034); EMP employer masking rules (Ex. MET-MKE-013); FC/PE (Ex. WI-011); GATH 10 indoors / 25 outdoors (Ex. MET-MKE-034); MASK in court facilities (Ex. WI-027).

Step three, the change compelled. City of Milwaukee, acting through its Commissioner of Health, Order #4.1, COVID-19 Public Health Plan for the City of Milwaukee (July 30, 2020) (Ex. MET-MKE-060) ordered: "Gathering Size Limits are set at the lesser of: (i) 50% of the total occupancy of the location... (ii) one person for every 30 square feet... or (iii) 250 people... Use of a mask or cloth face covering in accordance with Section 62-8 of the Milwaukee Code of Ordinances... [Restaurants and bars] The…" Enforcement: Citations under Milwaukee Code of Ordinances chs. 17 and 62; face coverings 'shall only be enforced in the manner set forth in Section 62-8-5' Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #9 Amendment (Sept. 1, 2020) (Ex. MET-MKE-013) ordered: "Face Covering Required. Every individual, age five (5) and older, shall... A Mass Gathering inside any property is permitted with ten (10) individuals or less not including employees.... A Mass Gathering outside is permitted with twenty-five (25) individuals or less... Limit indoor dine-in capacity…" Enforcement: Wis. Stat. § 252.03 City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), Order #4.2, COVID-19 Public Health Plan for the City of Milwaukee (Revised Oct. 26, 2020) (Ex. MET-MKE-034) ordered: "the City of Milwaukee, acting through its Commissioner of Health orders the following until further notice:... Gathering Size Limits are set at the lesser of: (i) 25% of the total occupancy of the location established by the City of Milwaukee, if any, (ii) one person for every 30 square feet of…" Enforcement: Citations under Milwaukee Code of Ordinances chs. 17 and 62; face coverings enforced 'in the manner set forth in Section 62-8-5 of the Milwaukee Code of… 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. Order #4.1, COVID-19 Public Health Plan for the City of Milwaukee (July 30, 2020) (Ex. MET-MKE-060) was in force from July 31, 2020 to Oct. 29, 2020, 29 of the quarter's 92 days; Moving Milwaukee Forward Safely full table (July 31, 2020) (Phase 4.1 version) (Ex. MET-MKE-061) was in force from July 31, 2020 to Dec. 31, 2020, 92 of the quarter's 92 days; Emergency Order #9 Amendment (Ex. MET-MKE-013) was in force from Sept. 2, 2020 to Nov. 18, 2020, 49 of the quarter's 92 days. Of the 29 instruments in the quarter's record, 18 were in force on its first day, 20 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 the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the fourth quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the first quarter of 2021 the Library holds 253 instruments in force for this selection: 13 instruments from the State of Wisconsin (Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039); Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040); Wisconsin Supreme Court, Amended Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Apr. 15, 2020) (Ex. WI-043); and 10 more), 19 instruments from Milwaukee and Madison (City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), Order #4.3, COVID-19 Public Health Plan for the City of Milwaukee (Revised Nov. 30, 2020) (Ex. MET-MKE-035); Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #11 (Dec. 15, 2020) (Ex. MET-MKE-016); Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #12 (Jan. 11, 2021) (Ex. MET-MKE-017); and 16 more), 2 instruments from the agencies, boards and authorities of Wisconsin (Wisconsin Department of Corrections (Secretary Kevin A. Carr), WI DOC COVID-19 Announcements page (as archived Apr. 4, 2020) (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015); Wisconsin Legislature; approved by Governor Tony Evers April 15, 2020, 2019 Wisconsin Act 185 (2019 Assembly Bill 1038) (Apr. 15, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-069)), 175 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); and 172 more) and 44 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 42 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: DR dining rooms 25 percent (Ex. MET-MKE-035); SF retail and services 50 percent (Ex. MET-MKE-016); TR travel (Ex. MET-MKE-046); BA bars closed to indoor customers (Ex. MET-MKE-016); DR/BA (Ex. WI-015); EMP masking rules (Ex. MET-MKE-018); FC/PE (Ex. WI-015); IN schools closed absent approved plan (Ex. MET-MKE-035); OF (Ex. WI-015); SF (Ex. WI-015).

Step three, the change compelled. City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), Order #4.3, COVID-19 Public Health Plan for the City of Milwaukee (Revised Nov. 30, 2020) (Ex. MET-MKE-035) ordered: "Gathering Size Limits are set at the lesser of: (i) 25% of the total occupancy... (ii) one person for every 30 square feet... or (iii) 10 people indoors... or 25 people outdoors... Restaurants... shall limit the total number of individuals on the premises to the lesser of 25% of the total…" Enforcement: Citations under Milwaukee Code of Ordinances chs. 17 and 62; § 62-8-5 for face coverings Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #11 (Dec. 15, 2020) (Ex. MET-MKE-016) ordered: "A Mass Gathering inside any property is permitted with ten (10) individuals or less not including employees.... A Mass Gathering outside is permitted with twenty-five (25) individuals or less... Limit indoor dine-in capacity to 25% of approved seating capacity... Customers may enter taverns only for…" Enforcement: Wis. Stat. § 252.03 Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #12 (Jan. 11, 2021) (Ex. MET-MKE-017) ordered: "A Mass Gathering inside any property is permitted with ten (10) individuals or less not including employees.... A Mass Gathering outside is permitted with fifty (50) individuals or less... Limit indoor dine-in capacity to 25% of approved seating capacity... Customers may enter taverns only for the…" Enforcement: Wis. Stat. § 252.03 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. Order #4.3, COVID-19 Public Health Plan for the City of Milwaukee (Revised Nov. 30, 2020) (Ex. MET-MKE-035) was in force from Dec. 3, 2020 to Feb. 5, 2021, 36 of the quarter's 90 days; Emergency Order #11 (Ex. MET-MKE-016) was in force from Dec. 16, 2020 to Jan. 13, 2021, 13 of the quarter's 90 days; Emergency Order #12 (Ex. MET-MKE-017) was in force from Jan. 13, 2021 to Feb. 10, 2021, 29 of the quarter's 90 days. Of the 34 instruments in the quarter's record, 16 were in force on its first day, 22 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 the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the first quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the second quarter of 2021 the Library holds 242 instruments in force for this selection: 12 instruments from the State of Wisconsin (Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039); Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040); Wisconsin Supreme Court, Amended Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Apr. 15, 2020) (Ex. WI-043); and 9 more), 16 instruments from Milwaukee and Madison (Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #14 (Mar. 2, 2021) (Ex. MET-MKE-019); Milwaukee Health Department, Updated Gating Criteria and Phases chart (Mar. 17, 2021) (Ex. MET-MKE-039); Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #14 Amendment (Mar. 18, 2021) (Ex. MET-MKE-020); and 13 more), 165 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334); and 162 more) and 49 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 47 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: EMP masking rules (Ex. MET-MKE-019); DR dining rooms 50 percent (Ex. MET-MKE-019); WF workforce (Ex. MET-MKE-066); BA bars 25 percent indoors (Ex. MET-MKE-019); CT courts (Ex. WI-043); DR dining rooms and BA bars 50 percent (Ex. MET-MKE-037); IN in-person instruction (Ex. MET-MKE-026); MASK in court facilities (Ex. WI-027); TR travel (Ex. MET-MKE-044); all functions (Ex. MET-MKE-040).

Step three, the change compelled. Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #14 (Mar. 2, 2021) (Ex. MET-MKE-019) ordered: "Face Covering Required. Every individual, age five (5) and older, shall... Limit indoor dine-in capacity to 50% of approved seating capacity... Taverns must limit indoor dine-in capacity to 25% of approved [seating capacity]... Limit capacity to 50% of approved capacity levels.... This Order shall…" Enforcement: Wis. Stat. § 252.03 Milwaukee Health Department, Updated Gating Criteria and Phases chart (Mar. 17, 2021) (Ex. MET-MKE-039) ordered: "Restaurant/Bar... No Safety Plan = Capacity = 50% [Phase 6]... No Safety Plan = Capacity = 25% [Phase 5 and Phase 4.4]... No Safety Plan = Take out only [Phase 4.5]... Gatherings including faith institutions, theater and places of amusement... Indoor Maximum 10 / Outdoor Maximum 25 [Phase 4.5]" Enforcement: n/a Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #14 Amendment (Mar. 18, 2021) (Ex. MET-MKE-020) ordered: "Face Covering Required. Every individual, age five (5) and older, shall... Limit indoor dine-in capacity to 50% of approved seating capacity... Restaurants must limit indoor dine-in capacity to 50% of approved... This Order shall become effective Thursday, March 18, 2021. This Order shall remain in…" Enforcement: Wis. Stat. § 252.03 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. Emergency Order #14 (Ex. MET-MKE-019) was in force from Mar. 10, 2021 to Apr. 7, 2021, 7 of the quarter's 91 days; Updated Gating Criteria and Phases chart (Mar. 17, 2021) (Ex. MET-MKE-039) was in force from Mar. 17, 2021 to June 30, 2021, 91 of the quarter's 91 days; Emergency Order #14 Amendment (Ex. MET-MKE-020) was in force from Mar. 18, 2021 to Apr. 7, 2021, 7 of the quarter's 91 days. Of the 28 instruments in the quarter's record, 17 were in force on its first day, 15 on its last day and 8 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 223 instruments in force for this selection: 7 instruments from the State of Wisconsin (Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039); Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040); Wisconsin Legislature (Senate and Assembly), 2021 Senate Joint Resolution 3 (Enrolled) (Feb. 4, 2021) (Ex. WI-018); and 4 more), 5 instruments from Milwaukee and Madison (Milwaukee County Transit System (implementing the TSA Security Directive and CDC order), Federal Mask Mandate for Public Transportation Extended (release of Aug. 23, 2021) (Ex. MET-MKE-044); City of Madison Metro Transit (implementing the CDC order), Federal Mask Policy: Masks Now Required on Buses (page as captured Feb. 5, 2021) (Feb. 1, 2021) (Ex. MET-MKE-047); Milwaukee Health Department, Milwaukee Health Department K-12 Reopening Guidance, 2021-2022 School Year (Aug. 5, 2021) (Ex. MET-MKE-070); and 2 more), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 44 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 42 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF workforce (Ex. MET-MKE-070); CB customer base (Ex. MET-MKE-023); EMP employer rules (Ex. MET-MKE-023); IN in-person instruction (Ex. WI-023); TR travel (Ex. MET-MKE-044); CT courts county by county through Q3 2021 (Ex. WI-029); GATH local gathering caps (Ex. WI-039); MASK local mask orders (Ex. WI-039); MASK where counties continued it (Ex. WI-029); SF local capacity orders (Ex. WI-039).

Step three, the change compelled. Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039) ordered: "252.02 Powers and duties of department.... 252.03 Duties of local health officers. [local health officers 'shall promptly take all measures necessary to prevent, suppress and control communicable diseases' and 'may... forbid public gatherings when deemed necessary to control outbreaks or epidemics'…" Enforcement: 252.25 (fine or imprisonment); local ordinances (e.g., Dane County Ord. 46.40, Becker) Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040) ordered: "323.10... [a state of emergency 'shall not exceed 60 days, unless the state of emergency is extended by joint resolution of the legislature'; the legislature may revoke it by joint resolution (as quoted in Fabick ¶2, ¶17)] 323.12 Powers and duties of the governor.... 323.28 Penalties." Enforcement: 323.28: forfeiture (cited in every face-covering order, not more than $200) Milwaukee County Transit System (implementing the TSA Security Directive and CDC order), Federal Mask Mandate for Public Transportation Extended (release of Aug. 23, 2021) (Ex. MET-MKE-044) ordered: "The Transportation Security Administration (TSA) has extended a federal mandate [requiring] the use of masks on all public transportation networks in the United States. Passengers and employees are required to wear masks while on board all buses... through at least January 18, 2022. This federal…" Enforcement: Federal (TSA/CDC); operator refusal of service 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. Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03… (Ex. WI-039) was in force from Mar. 1, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers… (Ex. WI-040) was in force from Mar. 1, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Federal Mask Mandate for Public Transportation Extended (release of Aug. 23, 2021) (Ex. MET-MKE-044) was in force from Feb. 1, 2021 to Jan. 18, 2022, 92 of the quarter's 92 days. Of the 12 instruments in the quarter's record, 9 were in force on its first day, 11 on its last day and 9 on every day of the quarter.

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

7. Exhibit list

Every instrument cited in this report, by exhibit identifier: 439 records, of which The COVID Project holds the document for 423. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015WI DOC COVID-19 Announcements page (as archived Apr. 4, 2020)Wisconsin Department of Corrections (Secretary Kevin A. Carr)Mar. 13, 2020Wisconsin Department of Corrections (Secretary Kevin A. Carr), WI DOC COVID-19 Announcements page (as archived Apr. 4, 2020) (Mar. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-015)/library/AGY-ST-CORRECTIONS-EMA-GUARD-015/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-015
Ex. AGY-ST-DMV-SOS-RECORDERS-008WisDOT news release: Overweight permits for truckers hauling groceries extended (Mar. 26, 2020)Wisconsin Department of Transportation (implementing the Governor's declaration)Mar. 26, 2020Wisconsin Department of Transportation (implementing the Governor's declaration), WisDOT news release: Overweight permits for truckers hauling groceries extended (Mar. 26, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-008)/library/AGY-ST-DMV-SOS-RECORDERS-008/exhibit/AGY-ST-DMV-SOS-RECORDERS-008
Ex. AGY-ST-UTILITIES-HOUSING-AG-0692019 Wisconsin Act 185 (2019 Assembly Bill 1038)Wisconsin Legislature; approved by Governor Tony Evers April 15, 2020Apr. 15, 2020Wisconsin Legislature; approved by Governor Tony Evers April 15, 2020, 2019 Wisconsin Act 185 (2019 Assembly Bill 1038) (Apr. 15, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-069)/library/AGY-ST-UTILITIES-HOUSING-AG-069/exhibit/AGY-ST-UTILITIES-HOUSING-AG-069
Ex. DUT-FED-00129 U.S.C. 654 (OSH Act § 5, the general duty clause)Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)standingCongress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)/library/DUT-FED-001/exhibit/DUT-FED-001
Ex. DUT-FED-00229 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)Congress (OSH Act § 11(c))standingCongress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)/library/DUT-FED-002/exhibit/DUT-FED-002
Ex. DUT-FED-00329 C.F.R. 1910.132 (personal protective equipment, general requirements)Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)standingOccupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)/library/DUT-FED-003/exhibit/DUT-FED-003
Ex. DUT-FED-00429 C.F.R. 1910.134 (respiratory protection)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)/library/DUT-FED-004/exhibit/DUT-FED-004
Ex. DUT-FED-00529 C.F.R. 1910.141 (sanitation)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)/library/DUT-FED-005/exhibit/DUT-FED-005
Ex. DUT-FED-00629 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)/library/DUT-FED-006/exhibit/DUT-FED-006
Ex. DUT-FED-00729 C.F.R. 1910.1030 (bloodborne pathogens)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)/library/DUT-FED-007/exhibit/DUT-FED-007
Ex. DUT-FED-00829 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))standingOccupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)/library/DUT-FED-008/exhibit/DUT-FED-008
Ex. DUT-FED-009OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')standingOccupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)/library/DUT-FED-009/exhibit/DUT-FED-009
Ex. DUT-FED-010Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))standingOccupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)/library/DUT-FED-010/exhibit/DUT-FED-010
Ex. DUT-FED-011Protecting Workers guidance, as updated August 13, 2021Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)/library/DUT-FED-011/exhibit/DUT-FED-011
Ex. DUT-FED-013Guidance on Returning to Work (OSHA 4045, June 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)/library/DUT-FED-013/exhibit/DUT-FED-013
Ex. DUT-FED-015Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)standingOSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)/library/DUT-FED-015/exhibit/DUT-FED-015
Ex. DUT-FED-016Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)OSHA, Denver Area Office (Inspection No. 1475131)standingOSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)/library/DUT-FED-016/exhibit/DUT-FED-016
Ex. DUT-FED-017Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)standingOSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)/library/DUT-FED-017/exhibit/DUT-FED-017
Ex. DUT-FED-018Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)OSHA, Hartford Area Office (Inspection No. 1505094)standingOSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)/library/DUT-FED-018/exhibit/DUT-FED-018
Ex. DUT-FED-019Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)OSHA, Hartford Area Office (Inspection No. 1472908)standingOSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)/library/DUT-FED-019/exhibit/DUT-FED-019
Ex. DUT-FED-020Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)/library/DUT-FED-020/exhibit/DUT-FED-020
Ex. DUT-FED-021Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)OSHA, Avenel Area Office (Inspection No. 1480762)standingOSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)/library/DUT-FED-021/exhibit/DUT-FED-021
Ex. DUT-FED-022Citation, United States Postal Service, Washington, DC (general duty clause)OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)standingOSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)/library/DUT-FED-022/exhibit/DUT-FED-022
Ex. DUT-FED-02342 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)standingCenters for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)/library/DUT-FED-023/exhibit/DUT-FED-023
Ex. DUT-FED-02442 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)Centers for Medicare & Medicaid Services (hospital condition of participation)standingCenters for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)/library/DUT-FED-024/exhibit/DUT-FED-024
Ex. DUT-FED-02542 U.S.C. 247d-6d (PREP Act targeted liability protections)Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)standingCongress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)/library/DUT-FED-025/exhibit/DUT-FED-025
Ex. DUT-FED-026Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)standingDepartment of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)/library/DUT-FED-026/exhibit/DUT-FED-026
Ex. DUT-FED-027Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190Secretary of Health and Human Services (Alex M. Azar II)standingSecretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)/library/DUT-FED-027/exhibit/DUT-FED-027
Ex. DUT-FED-029Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and CrewsFederal Aviation Administration, Flight Standards Service (with the CDC)standingFederal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)/library/DUT-FED-029/exhibit/DUT-FED-029
Ex. DUT-FED-030What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)/library/DUT-FED-030/exhibit/DUT-FED-030
Ex. DUT-FED-03142 U.S.C. 12113 (ADA defenses; direct threat)Congress (Americans with Disabilities Act § 103)standingCongress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)/library/DUT-FED-031/exhibit/DUT-FED-031
Ex. DUT-FED-03229 C.F.R. 1630.2(r) (definition of direct threat)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)/library/DUT-FED-032/exhibit/DUT-FED-032
Ex. DUT-FED-03329 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)Equal Employment Opportunity Commission (regulation)standingEqual Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)/library/DUT-FED-033/exhibit/DUT-FED-033
Ex. DUT-FED-034Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)/library/DUT-FED-034/exhibit/DUT-FED-034
Ex. DUT-FED-035Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)/library/DUT-FED-035/exhibit/DUT-FED-035
Ex. DUT-FED-037Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)standingFederal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)/library/DUT-FED-037/exhibit/DUT-FED-037
Ex. DUT-FED-060Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)/library/DUT-FED-060/exhibit/DUT-FED-060
Ex. DUT-FED-061Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)/library/DUT-FED-061/exhibit/DUT-FED-061
Ex. DUT-FED-062Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)standingCenters for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)/library/DUT-FED-062/exhibit/DUT-FED-062
Ex. DUT-FED-063Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)/library/DUT-FED-063/exhibit/DUT-FED-063
Ex. DUT-FED-064Considerations for Restaurants and Bars (updated May 27, 2020)Centers for Disease Control and PreventionstandingCenters for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)/library/DUT-FED-064/exhibit/DUT-FED-064
Ex. DUT-FED-065Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)Federal Motor Carrier Safety AdministrationstandingFederal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)/library/DUT-FED-065/exhibit/DUT-FED-065
Ex. DUT-FED-066News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news releasestandingOccupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)/library/DUT-FED-066/exhibit/DUT-FED-066
Ex. DUT-FED-067News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)Occupational Safety and Health Administration, national news releasestandingOccupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)/library/DUT-FED-067/exhibit/DUT-FED-067
Ex. DUT-FED-069News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)standingOccupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)/library/DUT-FED-069/exhibit/DUT-FED-069
Ex. DUT-FED-070What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)/library/DUT-FED-070/exhibit/DUT-FED-070
Ex. DUT-FED-071What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)Equal Employment Opportunity Commission (technical assistance)standingEqual Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)/library/DUT-FED-071/exhibit/DUT-FED-071
Ex. DUT-FED-072Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)Occupational Safety and Health AdministrationstandingOccupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)/library/DUT-FED-072/exhibit/DUT-FED-072
Ex. DUT-FED-073Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette RooneystandingOccupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)/library/DUT-FED-073/exhibit/DUT-FED-073
Ex. DUT-WI-001Wis. Stat. § 252.02 (2019-20), Powers and duties of departmentWisconsin Legislature (codified statute; administered by the Department of Health Services)standingWisconsin Legislature (codified statute; administered by the Department of Health Services), Wis. Stat. § 252.02 (2019-20), Powers and duties of department (standing) (Ex. DUT-WI-001)/library/DUT-WI-001/exhibit/DUT-WI-001
Ex. DUT-WI-002Wis. Stat. § 252.03 (2019-20), Duties of local health officersWisconsin Legislature (codified statute; executed by county and municipal local health officers)standingWisconsin Legislature (codified statute; executed by county and municipal local health officers), Wis. Stat. § 252.03 (2019-20), Duties of local health officers (standing) (Ex. DUT-WI-002)/library/DUT-WI-002/exhibit/DUT-WI-002
Ex. DUT-WI-003Wis. Stat. § 252.06 (2019-20), Isolation and quarantineWisconsin Legislature (codified statute; executed by DHS and local health officers)standingWisconsin Legislature (codified statute; executed by DHS and local health officers), Wis. Stat. § 252.06 (2019-20), Isolation and quarantine (standing) (Ex. DUT-WI-003)/library/DUT-WI-003/exhibit/DUT-WI-003
Ex. DUT-WI-004Wis. Stat. § 252.25 (2019-20), Violation of law relating to healthWisconsin Legislature (codified statute)standingWisconsin Legislature (codified statute), Wis. Stat. § 252.25 (2019-20), Violation of law relating to health (standing) (Ex. DUT-WI-004)/library/DUT-WI-004/exhibit/DUT-WI-004
Ex. DUT-WI-005Wis. Stat. § 323.12 (2019-20), Powers and duties of the governorWisconsin Legislature (codified statute; exercised by the Governor)standingWisconsin Legislature (codified statute; exercised by the Governor), Wis. Stat. § 323.12 (2019-20), Powers and duties of the governor (standing) (Ex. DUT-WI-005)/library/DUT-WI-005/exhibit/DUT-WI-005
Ex. DUT-WI-006Wis. Stat. § 323.28 (2019-20), PenaltiesWisconsin Legislature (codified statute)standingWisconsin Legislature (codified statute), Wis. Stat. § 323.28 (2019-20), Penalties (standing) (Ex. DUT-WI-006)/library/DUT-WI-006/exhibit/DUT-WI-006
Ex. DUT-WI-007Wis. Stat. § 101.11 (2019-20), Employer's duty to furnish safe employment and place (the safe-place statute)Wisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services)standingWisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services), Wis. Stat. § 101.11 (2019-20), Employer's duty to furnish safe employment and place (the safe-place statute) (standing) (Ex. DUT-WI-007)/library/DUT-WI-007/exhibit/DUT-WI-007
Ex. DUT-WI-0082021 Wisconsin Act 4, Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19 (Wis. Stat. § 895.476)Wisconsin Legislature (January 2021 Special Session Senate Bill 1); Governor Tony Evers (signed)standingWisconsin Legislature (January 2021 Special Session Senate Bill 1); Governor Tony Evers (signed), 2021 Wisconsin Act 4, Civil liability exemption; exposure to the novel coronavirus SARS-CoV-2 or COVID-19 (Wis. Stat. § 895.476) (standing) (Ex. DUT-WI-008)/library/DUT-WI-008/exhibit/DUT-WI-008
Ex. DUT-WI-009Wis. Stat. § 254.59 (2019-20), Human health hazardsWisconsin Legislature (codified statute; executed by local health officers)standingWisconsin Legislature (codified statute; executed by local health officers), Wis. Stat. § 254.59 (2019-20), Human health hazards (standing) (Ex. DUT-WI-009)/library/DUT-WI-009/exhibit/DUT-WI-009
Ex. DUT-WI-010Wis. Admin. Code ch. DHS 145, Control of Communicable DiseasesWisconsin Department of Health Services (administrative rule under Wis. Stat. § 252.02(4) and § 252.04-.05)standingWisconsin Department of Health Services (administrative rule under Wis. Stat. § 252.02(4) and § 252.04-.05), Wis. Admin. Code ch. DHS 145, Control of Communicable Diseases (standing) (Ex. DUT-WI-010)/library/DUT-WI-010/exhibit/DUT-WI-010
Ex. DUT-WI-011Wis. Stat. § 254.01 (2019-20), Definitions ('human health hazard')Wisconsin Legislature (codified statute)standingWisconsin Legislature (codified statute), Wis. Stat. § 254.01 (2019-20), Definitions ('human health hazard') (standing) (Ex. DUT-WI-011)/library/DUT-WI-011/exhibit/DUT-WI-011
Ex. DUT-WI-012Wis. Stat. ch. 101 (2019-20), whole chapter, for § 101.01(13) (definition of 'safe') and § 101.02(13)(a) (forfeiture)Wisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services)standingWisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services), Wis. Stat. ch. 101 (2019-20), whole chapter, for § 101.01(13) (definition of 'safe') and § 101.02(13)(a) (forfeiture) (standing) (Ex. DUT-WI-012)/library/DUT-WI-012/exhibit/DUT-WI-012
Ex. DUT-WI-013Emergency Order #34, Interim Order to Turn the DialAndrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor EversstandingAndrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor Evers, Emergency Order #34, Interim Order to Turn the Dial (Apr. 27, 2020) (Ex. DUT-WI-013)/library/DUT-WI-013/exhibit/DUT-WI-013
Ex. DUT-WI-014Emergency Order #36, Interim Order to Turn the Dial (in-person retail and drive-in theaters)Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor EversstandingAndrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor Evers, Emergency Order #36, Interim Order to Turn the Dial (in-person retail and drive-in theaters) (May 11, 2020) (Ex. DUT-WI-014)/library/DUT-WI-014/exhibit/DUT-WI-014
Ex. DUT-WI-015WEDC Reopen Guidelines: General Guidance for All Businesses, Best Practices to Reopen (version dated 5.7.2020)Wisconsin Economic Development Corporation (WEDC), with the Department of Health Services (Badger Bounce Back)standingWisconsin Economic Development Corporation (WEDC), with the Department of Health Services (Badger Bounce Back), WEDC Reopen Guidelines: General Guidance for All Businesses, Best Practices to Reopen (version dated 5.7.2020) (May 7, 2020) (Ex. DUT-WI-015)/library/DUT-WI-015/exhibit/DUT-WI-015
Ex. DUT-WI-016DHS web guidance, 'COVID-19: Businesses and Employers' (page as captured March 26, 2020)Wisconsin Department of Health Services, Division of Public HealthstandingWisconsin Department of Health Services, Division of Public Health, DHS web guidance, 'COVID-19: Businesses and Employers' (page as captured March 26, 2020) (Mar. 26, 2020) (Ex. DUT-WI-016)/library/DUT-WI-016/exhibit/DUT-WI-016
Ex. DUT-WI-017Interim Attorney General Opinion OAG-03-20 to Outagamie County Executive Thomas NelsonJoshua L. Kaul, Attorney General of Wisconsin (Wisconsin Department of Justice)standingJoshua L. Kaul, Attorney General of Wisconsin (Wisconsin Department of Justice), Interim Attorney General Opinion OAG-03-20 to Outagamie County Executive Thomas Nelson (May 15, 2020) (Ex. DUT-WI-017)/library/DUT-WI-017/exhibit/DUT-WI-017
Ex. DUT-WI-018Wis. Stat. § 101.055 (2019-20), Public employee safety and healthWisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services)standingWisconsin Legislature (codified statute; administered by the Department of Safety and Professional Services), Wis. Stat. § 101.055 (2019-20), Public employee safety and health (standing) (Ex. DUT-WI-018)/library/DUT-WI-018/exhibit/DUT-WI-018
Ex. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-002Notice of February 24, 2021President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)/library/FED-002/exhibit/FED-002
Ex. FED-006Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)Mar. 13, 2020President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)/library/FED-006/exhibit/FED-006
Ex. FED-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)/library/FED-007/exhibit/FED-007
Ex. FED-008Memorandum of February 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)Feb. 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)/library/FED-008/exhibit/FED-008
Ex. FED-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)/library/FED-010/exhibit/FED-010
Ex. FED-011Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)Alex M. Azar II, Secretary of HHSApr. 21, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)/library/FED-011/exhibit/FED-011
Ex. FED-012Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)Alex M. Azar II, Secretary of HHSJuly 23, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)/library/FED-012/exhibit/FED-012
Ex. FED-013Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)Alex M. Azar II, Secretary of HHSOct. 2, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)/library/FED-013/exhibit/FED-013
Ex. FED-014Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)Alex M. Azar II, Secretary of HHSJan. 7, 2021Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)/library/FED-014/exhibit/FED-014
Ex. FED-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)/library/FED-015/exhibit/FED-015
Ex. FED-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)/library/FED-016/exhibit/FED-016
Ex. FED-020CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)Jan. 29, 2021Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)/library/FED-020/exhibit/FED-020
Ex. FED-022CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)Sept. 1, 2020Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)/library/FED-022/exhibit/FED-022
Ex. FED-023CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)Centers for Disease Control and Prevention, HHSJan. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)/library/FED-023/exhibit/FED-023
Ex. FED-024CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)Centers for Disease Control and Prevention, HHSMar. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)/library/FED-024/exhibit/FED-024
Ex. FED-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)/library/FED-025/exhibit/FED-025
Ex. FED-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)/library/FED-026/exhibit/FED-026
Ex. FED-027CDC No Sail Order and Suspension of Further EmbarkationCenters for Disease Control and Prevention, HHS (CDC Director)Mar. 14, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)/library/FED-027/exhibit/FED-027
Ex. FED-028No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)Centers for Disease Control and Prevention, HHSApr. 9, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)/library/FED-028/exhibit/FED-028
Ex. FED-029No Sail Order; Second Modification and Extension (July 16, 2020)Centers for Disease Control and Prevention, HHSJuly 16, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)/library/FED-029/exhibit/FED-029
Ex. FED-030No Sail Order; Third Modification and Extension (Sept. 30, 2020)Centers for Disease Control and Prevention, HHSSept. 30, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)/library/FED-030/exhibit/FED-030
Ex. FED-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)/library/FED-031/exhibit/FED-031
Ex. FED-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)/library/FED-032/exhibit/FED-032
Ex. FED-034CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')Centers for Disease Control and Prevention, HHS (CDC Director)Mar. 20, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)/library/FED-034/exhibit/FED-034
Ex. FED-036Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)Centers for Disease Control and Prevention, HHSMay 19, 2020Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)/library/FED-036/exhibit/FED-036
Ex. FED-037CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)Centers for Disease Control and Prevention, HHSOct. 13, 2020Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)/library/FED-037/exhibit/FED-037
Ex. FED-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)/library/FED-038/exhibit/FED-038
Ex. FED-039Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…Centers for Disease Control and Prevention, HHSMar. 20, 2020Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)/library/FED-039/exhibit/FED-039
Ex. FED-040CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United KingdomCenters for Disease Control and Prevention, HHSDec. 25, 2020Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)/library/FED-040/exhibit/FED-040
Ex. FED-041CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…Centers for Disease Control and Prevention, HHSJan. 12, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)/library/FED-041/exhibit/FED-041
Ex. FED-042CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)Jan. 25, 2021Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)/library/FED-042/exhibit/FED-042
Ex. FED-048Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…Centers for Disease Control and Prevention, HHSSept. 11, 2020Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)/library/FED-048/exhibit/FED-048
Ex. FED-050TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)Jan. 31, 2021Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)/library/FED-050/exhibit/FED-050
Ex. FED-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)/library/FED-051/exhibit/FED-051
Ex. FED-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)/library/FED-052/exhibit/FED-052
Ex. FED-053TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)/library/FED-053/exhibit/FED-053
Ex. FED-055Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)/library/FED-055/exhibit/FED-055
Ex. FED-056Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight BoardApr. 20, 2021Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)/library/FED-056/exhibit/FED-056
Ex. FED-057Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)Acting Secretary of Homeland Security David P. PekoskeJan. 27, 2021Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)/library/FED-057/exhibit/FED-057
Ex. FED-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-061Executive Order 13998President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)/library/FED-061/exhibit/FED-061
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)/library/FED-063/exhibit/FED-063
Ex. FED-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-066Executive Order 13945President Donald J. TrumpAug. 8, 2020President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)/library/FED-066/exhibit/FED-066
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-073Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)President Donald J. TrumpApr. 28, 2020President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)/library/FED-073/exhibit/FED-073
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)/library/FED-074/exhibit/FED-074
Ex. FED-075Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic UseFederal Emergency Management Agency, DHSApr. 7, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)/library/FED-075/exhibit/FED-075
Ex. FED-076Notification of Exemptions to the PPE allocation ruleFederal Emergency Management Agency, DHSApr. 17, 2020Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)/library/FED-076/exhibit/FED-076
Ex. FED-077Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)Federal Emergency Management Agency, DHSAug. 10, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)/library/FED-077/exhibit/FED-077
Ex. FED-078Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)Federal Emergency Management Agency, DHSDec. 31, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)/library/FED-078/exhibit/FED-078
Ex. FED-080Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)Occupational Safety and Health Administration, U.S. Department of LaborJune 21, 2021Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)/library/FED-080/exhibit/FED-080
Ex. FED-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)/library/FED-081/exhibit/FED-081
Ex. FED-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)/library/FED-082/exhibit/FED-082
Ex. FED-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)/library/FED-083/exhibit/FED-083
Ex. FED-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)/library/FED-084/exhibit/FED-084
Ex. FED-088Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)OSHA, U.S. Department of LaborMar. 9, 2020OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)/library/FED-088/exhibit/FED-088
Ex. FED-090CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…Centers for Medicare & Medicaid Services, HHSMar. 30, 2020Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)/library/FED-090/exhibit/FED-090
Ex. FED-091CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)Centers for Medicare & Medicaid Services, HHSMay 1, 2020Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)/library/FED-091/exhibit/FED-091
Ex. FED-092CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…Centers for Medicare & Medicaid Services, HHSSept. 2, 2020Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)/library/FED-092/exhibit/FED-092
Ex. FED-093CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)Nov. 2, 2020Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)/library/FED-093/exhibit/FED-093
Ex. FED-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)/library/FED-094/exhibit/FED-094
Ex. FED-096CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight GroupMar. 4, 2020CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)/library/FED-096/exhibit/FED-096
Ex. FED-097QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)CMS, Quality, Safety & Oversight GroupMar. 13, 2020CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)/library/FED-097/exhibit/FED-097
Ex. FED-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)/library/FED-098/exhibit/FED-098
Ex. FED-099CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 23, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)/library/FED-099/exhibit/FED-099
Ex. FED-100FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 29, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)/library/FED-100/exhibit/FED-100
Ex. FED-104FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)/library/FED-104/exhibit/FED-104
Ex. FED-109FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)/library/FED-109/exhibit/FED-109
Ex. FED-113FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 26, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)/library/FED-113/exhibit/FED-113
Ex. FED-115FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 23, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)/library/FED-115/exhibit/FED-115
Ex. FED-118FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 24, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)/library/FED-118/exhibit/FED-118
Ex. FED-130FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)/library/FED-130/exhibit/FED-130
Ex. FED-132FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 20, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)/library/FED-132/exhibit/FED-132
Ex. FED-133FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)/library/FED-133/exhibit/FED-133
Ex. FED-143FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 25, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)/library/FED-143/exhibit/FED-143
Ex. FED-147FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 22, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)/library/FED-147/exhibit/FED-147
Ex. FED-150FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Apr. 11, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)/library/FED-150/exhibit/FED-150
Ex. FED-154QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)CMS, Quality, Safety & Oversight GroupSept. 17, 2020CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)/library/FED-154/exhibit/FED-154
Ex. FED-155QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19CMS, Quality, Safety & Oversight GroupMar. 10, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)/library/FED-155/exhibit/FED-155
Ex. FED-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)/library/FED-156/exhibit/FED-156
Ex. FED-157QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)CMS, Quality, Safety & Oversight GroupMay 18, 2020CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)/library/FED-157/exhibit/FED-157
Ex. FED-158CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…Centers for Medicare & Medicaid Services, HHSApr. 7, 2020Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)/library/FED-158/exhibit/FED-158
Ex. FED-159CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)Centers for Medicare & Medicaid Services, HHSApr. 19, 2020Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)/library/FED-159/exhibit/FED-159
Ex. FED-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)/library/FED-160/exhibit/FED-160
Ex. FED-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)/library/FED-161/exhibit/FED-161
Ex. FED-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)/library/FED-163/exhibit/FED-163
Ex. FED-164CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 4, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)/library/FED-164/exhibit/FED-164
Ex. FED-165CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupJune 1, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)/library/FED-165/exhibit/FED-165
Ex. FED-166CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupAug. 17, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)/library/FED-166/exhibit/FED-166
Ex. FED-168CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…CMS, Quality, Safety & Oversight GroupAug. 26, 2020CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)/library/FED-168/exhibit/FED-168
Ex. FED-170Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…Congress (Pub. L. 116-127); approved by the PresidentMar. 18, 2020Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)/library/FED-170/exhibit/FED-170
Ex. FED-171Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826Wage and Hour Division, U.S. Department of LaborApr. 1, 2020Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)/library/FED-171/exhibit/FED-171
Ex. FED-172Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)Wage and Hour Division, U.S. Department of LaborSept. 11, 2020Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)/library/FED-172/exhibit/FED-172
Ex. FED-173Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…Congress (Pub. L. 116-260)Dec. 27, 2020Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)/library/FED-173/exhibit/FED-173
Ex. FED-174American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…Congress (Pub. L. 117-2); approved by the PresidentMar. 11, 2021Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)/library/FED-174/exhibit/FED-174
Ex. FED-180Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)Secretary of Health and Human ServicesMar. 10, 2020Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)/library/FED-180/exhibit/FED-180
Ex. FED-181Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…Secretary of Health and Human ServicesFeb. 4, 2020Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)/library/FED-181/exhibit/FED-181
Ex. FED-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)/library/FED-182/exhibit/FED-182
Ex. FED-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)/library/FED-183/exhibit/FED-183
Ex. FED-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)/library/FED-184/exhibit/FED-184
Ex. FED-185Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)Dec. 11, 2020Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)/library/FED-185/exhibit/FED-185
Ex. FED-186Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)Food and Drug Administration, HHSDec. 18, 2020Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)/library/FED-186/exhibit/FED-186
Ex. FED-187Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)Food and Drug Administration, HHSFeb. 27, 2021Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)/library/FED-187/exhibit/FED-187
Ex. FED-190The President's Coronavirus Guidelines for America: 15 Days to Slow the SpreadThe President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)/library/FED-190/exhibit/FED-190
Ex. FED-19130 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)The President and the White House Coronavirus Task ForceMar. 31, 2020The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)/library/FED-191/exhibit/FED-191
Ex. FED-192Guidelines for Opening Up America Again (Apr. 16, 2020)The President and the White House Coronavirus Task ForceApr. 16, 2020The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)/library/FED-192/exhibit/FED-192
Ex. FED-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)/library/FED-194/exhibit/FED-194
Ex. FED-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-202Proclamation 9993President Donald J. TrumpMar. 11, 2020President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)/library/FED-202/exhibit/FED-202
Ex. FED-203Proclamation 9996President Donald J. TrumpMar. 14, 2020President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)/library/FED-203/exhibit/FED-203
Ex. FED-204Proclamation 10041President Donald J. TrumpMay 24, 2020President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)/library/FED-204/exhibit/FED-204
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-210Proclamation 10014President Donald J. TrumpApr. 22, 2020President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)/library/FED-210/exhibit/FED-210
Ex. FED-211Proclamation 10052President Donald J. TrumpJune 22, 2020President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)/library/FED-211/exhibit/FED-211
Ex. FED-212Proclamation 10054President Donald J. TrumpJune 29, 2020President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)/library/FED-212/exhibit/FED-212
Ex. FED-213Proclamation 10131President Donald J. TrumpDec. 31, 2020President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)/library/FED-213/exhibit/FED-213
Ex. FED-214Proclamation 10149President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)/library/FED-214/exhibit/FED-214
Ex. FED-216Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border ProtectionMar. 24, 2020U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)/library/FED-216/exhibit/FED-216
Ex. FED-217Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)/library/FED-217/exhibit/FED-217
Ex. FED-219Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)/library/FED-219/exhibit/FED-219
Ex. FED-222Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)/library/FED-222/exhibit/FED-222
Ex. FED-225Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)/library/FED-225/exhibit/FED-225
Ex. FED-226Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)/library/FED-226/exhibit/FED-226
Ex. FED-229Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)/library/FED-229/exhibit/FED-229
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)/library/FED-232/exhibit/FED-232
Ex. FED-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)/library/FED-235/exhibit/FED-235
Ex. FED-239Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…DHS (Acting Secretary Chad F. Wolf), with CBPMar. 24, 2020DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)/library/FED-239/exhibit/FED-239
Ex. FED-240Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)/library/FED-240/exhibit/FED-240
Ex. FED-242Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)/library/FED-242/exhibit/FED-242
Ex. FED-245Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)/library/FED-245/exhibit/FED-245
Ex. FED-248Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)/library/FED-248/exhibit/FED-248
Ex. FED-249Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)/library/FED-249/exhibit/FED-249
Ex. FED-252Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)/library/FED-252/exhibit/FED-252
Ex. FED-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)/library/FED-255/exhibit/FED-255
Ex. FED-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)/library/FED-258/exhibit/FED-258
Ex. FED-264OMB Memorandum M-20-16Office of Management and Budget (Acting Director Russell T. Vought)Mar. 17, 2020Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)/library/FED-264/exhibit/FED-264
Ex. FED-265OMB Memorandum M-20-17Office of Management and BudgetMar. 19, 2020Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)/library/FED-265/exhibit/FED-265
Ex. FED-266OMB Memorandum M-20-18Office of Management and Budget (Deputy Director for Management)Mar. 20, 2020Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)/library/FED-266/exhibit/FED-266
Ex. FED-267OMB Memorandum M-20-19Office of Management and BudgetMar. 22, 2020Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)/library/FED-267/exhibit/FED-267
Ex. FED-268OMB/OPM Memorandum M-20-23Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)Apr. 20, 2020Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)/library/FED-268/exhibit/FED-268
Ex. FED-270Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task ForceJan. 24, 2021Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)/library/FED-270/exhibit/FED-270
Ex. FED-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)/library/FED-271/exhibit/FED-271
Ex. FED-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)/library/FED-272/exhibit/FED-272
Ex. FED-274Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Safer Federal Workforce Task Force; approved by the Director of OMBSept. 24, 2021Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)/library/FED-274/exhibit/FED-274
Ex. FED-275Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)Office of Management and Budget (Acting Director Shalanda D. Young)Sept. 24, 2021Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)/library/FED-275/exhibit/FED-275
Ex. FED-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)/library/FED-278/exhibit/FED-278
Ex. FED-279Order of March 16, 2020 (COVID-19 building access)United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)Mar. 16, 2020United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)/library/FED-279/exhibit/FED-279
Ex. FED-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)/library/FED-280/exhibit/FED-280
Ex. FED-281Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019Deputy Secretary of Defense David L. NorquistMar. 13, 2020Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)/library/FED-281/exhibit/FED-281
Ex. FED-282Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel RestrictionsSecretary of Defense Mark T. EsperApr. 20, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)/library/FED-282/exhibit/FED-282
Ex. FED-283Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…Secretary of Defense Mark T. EsperMay 22, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)/library/FED-283/exhibit/FED-283
Ex. FED-284Order of the Chief Judge No. 20-042Chief Judge Virginia A. PhillipsMar. 19, 2020Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)/library/FED-284/exhibit/FED-284
Ex. FED-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)/library/FED-285/exhibit/FED-285
Ex. FED-286General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)/library/FED-286/exhibit/FED-286
Ex. FED-288General Order 2020-8Chief Judge Philip A. BrimmerMay 6, 2020Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)/library/FED-288/exhibit/FED-288
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)/library/FED-290
Ex. FED-291Press release of March 16, 2020 (postponement of the March 2020 argument session)Supreme Court of the United States (Public Information Office)Mar. 16, 2020Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)/library/FED-291/exhibit/FED-291
Ex. FED-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)/library/FED-292/exhibit/FED-292
Ex. FED-293Press release of April 3, 2020 (postponement of the April 2020 argument session)Supreme Court of the United States (Public Information Office)Apr. 3, 2020Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)/library/FED-293/exhibit/FED-293
Ex. FED-294Press release of April 13, 2020 (telephone arguments in May 2020)Supreme Court of the United States (Public Information Office)Apr. 13, 2020Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)/library/FED-294/exhibit/FED-294
Ex. FED-295Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020Mar. 29, 2020Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)/library/FED-295/exhibit/FED-295
Ex. FED-296Tenth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerFeb. 12, 2021Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)/library/FED-296/exhibit/FED-296
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)/library/FED-297/exhibit/FED-297
Ex. FED-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)/library/FED-298/exhibit/FED-298
Ex. FED-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)/library/FED-299/exhibit/FED-299
Ex. FED-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)/library/FED-300/exhibit/FED-300
Ex. FED-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-303Standing Order 20-17Chief Judge Freda L. WolfsonNov. 25, 2020Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)/library/FED-303/exhibit/FED-303
Ex. FED-304Third Extension of Standing Order 20-12Chief Judge Freda L. WolfsonDec. 17, 2020Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)/library/FED-304/exhibit/FED-304
Ex. FED-305Standing Order 21-02Chief Judge Freda L. WolfsonMar. 17, 2021Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)/library/FED-305/exhibit/FED-305
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-310Second Amended Standing Order 2020-02Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)/library/FED-310/exhibit/FED-310
Ex. FED-311Standing Order 2020-04Chief Judge James K. BredarMar. 16, 2020Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)/library/FED-311/exhibit/FED-311
Ex. FED-312Standing Order 2020-05Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)/library/FED-312/exhibit/FED-312
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-316Fourth Amendment to General Order 20-01Chief Judge Thomas W. Thrash, Jr.July 31, 2020Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)/library/FED-316/exhibit/FED-316
Ex. FED-317General Order 72Chief Judge Phyllis J. HamiltonMar. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)/library/FED-317/exhibit/FED-317
Ex. FED-318General Order 72-2Chief Judge Phyllis J. HamiltonApr. 30, 2020Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)/library/FED-318/exhibit/FED-318
Ex. FED-319Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…U.S. Department of State, Bureau of Consular AffairsMar. 26, 2020U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)/library/FED-319
Ex. FED-320Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)U.S. Department of Homeland Security, U.S. Citizenship and Immigration ServicesApr. 20, 2020U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)/library/FED-320/exhibit/FED-320
Ex. FED-321Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)U.S. Department of Homeland Security, USCISMay 14, 2020U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)/library/FED-321/exhibit/FED-321
Ex. FED-322Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…DHS, USCISAug. 20, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)/library/FED-322/exhibit/FED-322
Ex. FED-323Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…DHS, USCISDec. 18, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)/library/FED-323/exhibit/FED-323
Ex. FED-324USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020U.S. Citizenship and Immigration ServicesMar. 17, 2020U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)/library/FED-324/exhibit/FED-324
Ex. FED-325USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4U.S. Citizenship and Immigration ServicesMay 27, 2020U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)/library/FED-325/exhibit/FED-325
Ex. FED-327Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)U.S. Department of State, Bureau of Consular AffairsMar. 20, 2020U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)/library/FED-327/exhibit/FED-327
Ex. FED-328Phased Resumption of Routine Visa Services (announcement of July 14, 2020)U.S. Department of State, Bureau of Consular AffairsJuly 14, 2020U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)/library/FED-328/exhibit/FED-328
Ex. FED-331General Order 72-4Chief Judge Phyllis J. HamiltonJune 24, 2020Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)/library/FED-331/exhibit/FED-331
Ex. FED-332General Order 72-5Chief Judge Phyllis J. HamiltonJuly 23, 2020Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)/library/FED-332/exhibit/FED-332
Ex. FED-333General Order 72-6Chief Judge Phyllis J. HamiltonSept. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)/library/FED-333/exhibit/FED-333
Ex. FED-334General Order 73 (Amended May 21, 2020)Chief Judge Phyllis J. HamiltonMay 21, 2020Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)/library/FED-334/exhibit/FED-334
Ex. FED-336General Order 77Chief Judge Phyllis J. HamiltonJune 9, 2020Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)/library/FED-336/exhibit/FED-336
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-338General Order 20-0012 (original)Chief Judge Rebecca R. PallmeyerMar. 12, 2020Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)/library/FED-338/exhibit/FED-338
Ex. FED-339Eighth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerNov. 13, 2020Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)/library/FED-339/exhibit/FED-339
Ex. FED-340CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…Congress (Pub. L. 116-136, signed Mar. 27, 2020)Mar. 27, 2020Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)/library/FED-340/exhibit/FED-340
Ex. FED-342Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank SupervisorsApr. 7, 2020Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)/library/FED-342/exhibit/FED-342
Ex. FED-343Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…Bureau of Consumer Financial ProtectionJune 30, 2020Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)/library/FED-343/exhibit/FED-343
Ex. FED-344Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…Bureau of Consumer Financial ProtectionJune 25, 2021Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)/library/FED-344/exhibit/FED-344
Ex. FED-345Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)President Donald J. Trump (Memorandum for the Secretary of Education)Aug. 8, 2020President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)/library/FED-345/exhibit/FED-345
Ex. FED-346FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed MortgagesFederal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie MacMar. 18, 2020Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)/library/FED-346/exhibit/FED-346
Ex. FED-348FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)Federal Housing Finance AgencyJune 17, 2020Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)/library/FED-348/exhibit/FED-348
Ex. FED-349FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)Federal Housing Finance AgencyAug. 27, 2020Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)/library/FED-349/exhibit/FED-349
Ex. FED-350FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)Federal Housing Finance AgencyDec. 2, 2020Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)/library/FED-350/exhibit/FED-350
Ex. FED-353FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…Federal Housing Finance AgencyFeb. 25, 2021Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)/library/FED-353/exhibit/FED-353
Ex. FED-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)/library/FED-354/exhibit/FED-354
Ex. FED-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)/library/FED-355/exhibit/FED-355
Ex. FED-356Mortgagee Letter 2020-04U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)Mar. 18, 2020U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)/library/FED-356/exhibit/FED-356
Ex. FED-359Mortgagee Letter 2020-19HUD, Federal Housing AdministrationJune 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)/library/FED-359
Ex. FED-360Mortgagee Letter 2020-27HUD, Federal Housing AdministrationAug. 27, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)/library/FED-360/exhibit/FED-360
Ex. FED-361Mortgagee Letter 2020-43HUD, Federal Housing AdministrationDec. 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)/library/FED-361/exhibit/FED-361
Ex. FED-362Mortgagee Letter 2021-03HUD, Federal Housing AdministrationJan. 21, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)/library/FED-362/exhibit/FED-362
Ex. FED-363Mortgagee Letter 2021-05HUD, Federal Housing AdministrationFeb. 16, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)/library/FED-363/exhibit/FED-363
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-367Circular 26-20-7Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty ServiceMar. 16, 2020Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)/library/FED-367/exhibit/FED-367
Ex. FED-368Circular 26-20-8VA, Loan Guaranty ServiceMar. 18, 2020VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)/library/FED-368/exhibit/FED-368
Ex. FED-369Circular 26-20-12VA, Loan Guaranty ServiceApr. 8, 2020VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)/library/FED-369/exhibit/FED-369
Ex. FED-371Circular 26-20-22VA, Loan Guaranty ServiceJune 17, 2020VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)/library/FED-371/exhibit/FED-371
Ex. FED-372Circular 26-20-23VA, Loan Guaranty ServiceJune 18, 2020VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)/library/FED-372/exhibit/FED-372
Ex. FED-373Circular 26-20-29VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)/library/FED-373/exhibit/FED-373
Ex. FED-374Circular 26-20-30VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)/library/FED-374/exhibit/FED-374
Ex. FED-375Circular 26-20-40VA, Loan Guaranty ServiceDec. 28, 2020VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)/library/FED-375/exhibit/FED-375
Ex. FED-376Circular 26-21-2VA, Loan Guaranty ServiceJan. 29, 2021VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)/library/FED-376/exhibit/FED-376
Ex. FED-377Circular 26-21-5VA, Loan Guaranty ServiceFeb. 16, 2021VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)/library/FED-377
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-381USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…U.S. Department of Agriculture, Rural DevelopmentMar. 19, 2020U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)/library/FED-381
Ex. FED-382USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…USDA Rural DevelopmentDec. 28, 2020USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)/library/FED-382
Ex. FED-384USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…USDA Rural Development (with the White House announcement of June 24, 2021)June 24, 2021USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)/library/FED-384
Ex. FED-385USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)July 30, 2021USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)/library/FED-385/exhibit/FED-385
Ex. FED-386Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…Secretary of the Interior David L. BernhardtMar. 22, 2020Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)/library/FED-386/exhibit/FED-386
Ex. FED-387NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…Secretary of the Interior David L. Bernhardt; National Park ServiceMar. 18, 2020Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)/library/FED-387/exhibit/FED-387
Ex. FED-389BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in OregonBureau of Land Management, Oregon/Washington State Office and District ManagersMar. 27, 2020Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)/library/FED-389/exhibit/FED-389
Ex. FED-390Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitorsBureau of ReclamationMar. 17, 2020Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)/library/FED-390/exhibit/FED-390
Ex. FED-391USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment OnlyU.S. Department of Agriculture, Farm Production and Conservation mission areaMar. 23, 2020U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)/library/FED-391
Ex. FED-393USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…U.S. Army Corps of Engineers Headquarters and district commandersMar. 17, 2020U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)/library/FED-393
Ex. FED-396The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…The President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)/library/FED-396/exhibit/FED-396
Ex. FED-398H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)May 15, 2020U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)/library/FED-398/exhibit/FED-398
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)/library/LAW-001/exhibit/LAW-001
Ex. LAW-002Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…United States CongressDec. 27, 2020United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)/library/LAW-002/exhibit/LAW-002
Ex. LAW-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)/library/LAW-003/exhibit/LAW-003
Ex. LAW-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)/library/LAW-004/exhibit/LAW-004
Ex. MET-MKE-001Order of the Public Health Officer of Madison and Dane County Imposing a Countywide Moratorium on Mass Gatherings of 250 or More PeopleJanel Heinrich, Public Health Officer of Madison and Dane County (Public Health Madison & Dane County)Mar. 13, 2020Janel Heinrich, Public Health Officer of Madison and Dane County (Public Health Madison & Dane County), Order of the Public Health Officer of Madison and Dane County Imposing a Countywide Moratorium on Mass Gatherings of 250 or More People (Mar. 13, 2020) (Ex. MET-MKE-001)/library/MET-MKE-001/exhibit/MET-MKE-001
Ex. MET-MKE-002Order Imposing a Countywide Moratorium on Mass Gatherings of 50 or More PeoplePublic Health Officer of Madison and Dane County (Public Health Madison & Dane County)Mar. 15, 2020Public Health Officer of Madison and Dane County (Public Health Madison & Dane County), Order Imposing a Countywide Moratorium on Mass Gatherings of 50 or More People (Mar. 15, 2020) (Ex. MET-MKE-002)/library/MET-MKE-002/exhibit/MET-MKE-002
Ex. MET-MKE-003Safer at Home Order of Public Health Madison & Dane County (adopting and incorporating DHS Emergency Order #12)Public Health Officer of Madison and Dane County (Public Health Madison & Dane County)Mar. 25, 2020Public Health Officer of Madison and Dane County (Public Health Madison & Dane County), Safer at Home Order of Public Health Madison & Dane County (adopting and incorporating DHS Emergency Order #12) (Mar. 25, 2020) (Ex. MET-MKE-003)/library/MET-MKE-003/exhibit/MET-MKE-003
Ex. MET-MKE-005Emergency Order #2Janel Heinrich, Public Health Officer of Madison and Dane CountyMay 18, 2020Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #2 (May 18, 2020) (Ex. MET-MKE-005)/library/MET-MKE-005/exhibit/MET-MKE-005
Ex. MET-MKE-006Emergency Order #3 (Forward Dane Phase 1), § 4 (Businesses) and § 9 (Enforcement)Janel Heinrich, Public Health Officer of Madison and Dane County (Public Health Madison & Dane County)May 22, 2020Janel Heinrich, Public Health Officer of Madison and Dane County (Public Health Madison & Dane County), Emergency Order #3 (Forward Dane Phase 1), § 4 (Businesses) and § 9 (Enforcement) (May 22, 2020) (Ex. MET-MKE-006)/library/MET-MKE-006/exhibit/MET-MKE-006
Ex. MET-MKE-007Emergency Order #4Janel Heinrich, Public Health Officer of Madison and Dane CountyJune 5, 2020Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #4 (June 5, 2020) (Ex. MET-MKE-007)/library/MET-MKE-007/exhibit/MET-MKE-007
Ex. MET-MKE-008Emergency Order #5 (Forward Dane Phase 2)Janel Heinrich, Public Health Officer of Madison and Dane CountyJune 12, 2020Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #5 (Forward Dane Phase 2) (June 12, 2020) (Ex. MET-MKE-008)/library/MET-MKE-008/exhibit/MET-MKE-008
Ex. MET-MKE-009Emergency Order #6Janel Heinrich, Public Health Officer of Madison and Dane CountyJune 25, 2020Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #6 (June 25, 2020) (Ex. MET-MKE-009)/library/MET-MKE-009/exhibit/MET-MKE-009
Ex. MET-MKE-010Emergency Order #7Janel Heinrich, Public Health Officer of Madison and Dane CountyJuly 1, 2020Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #7 (July 1, 2020) (Ex. MET-MKE-010)/library/MET-MKE-010/exhibit/MET-MKE-010
Ex. MET-MKE-011Emergency Order #8Janel Heinrich, Public Health Officer of Madison and Dane CountyJuly 7, 2020Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #8 (July 7, 2020) (Ex. MET-MKE-011)/library/MET-MKE-011/exhibit/MET-MKE-011
Ex. MET-MKE-012Emergency Order #9Janel Heinrich, Public Health Officer of Madison and Dane CountyAug. 21, 2020Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #9 (Aug. 21, 2020) (Ex. MET-MKE-012)/library/MET-MKE-012/exhibit/MET-MKE-012
Ex. MET-MKE-013Emergency Order #9 AmendmentJanel Heinrich, Public Health Officer of Madison and Dane CountySept. 1, 2020Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #9 Amendment (Sept. 1, 2020) (Ex. MET-MKE-013)/library/MET-MKE-013/exhibit/MET-MKE-013
Ex. MET-MKE-014Emergency Order #10Janel Heinrich, Public Health Officer of Madison and Dane CountyNov. 17, 2020Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #10 (Nov. 17, 2020) (Ex. MET-MKE-014)/library/MET-MKE-014/exhibit/MET-MKE-014
Ex. MET-MKE-015Emergency Order #10 AmendmentJanel Heinrich, Public Health Officer of Madison and Dane CountyNov. 20, 2020Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #10 Amendment (Nov. 20, 2020) (Ex. MET-MKE-015)/library/MET-MKE-015/exhibit/MET-MKE-015
Ex. MET-MKE-016Emergency Order #11Janel Heinrich, Public Health Officer of Madison and Dane CountyDec. 15, 2020Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #11 (Dec. 15, 2020) (Ex. MET-MKE-016)/library/MET-MKE-016/exhibit/MET-MKE-016
Ex. MET-MKE-017Emergency Order #12Janel Heinrich, Public Health Officer of Madison and Dane CountyJan. 11, 2021Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #12 (Jan. 11, 2021) (Ex. MET-MKE-017)/library/MET-MKE-017/exhibit/MET-MKE-017
Ex. MET-MKE-018Emergency Order #13Janel Heinrich, Public Health Officer of Madison and Dane CountyFeb. 8, 2021Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #13 (Feb. 8, 2021) (Ex. MET-MKE-018)/library/MET-MKE-018/exhibit/MET-MKE-018
Ex. MET-MKE-019Emergency Order #14Janel Heinrich, Public Health Officer of Madison and Dane CountyMar. 2, 2021Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #14 (Mar. 2, 2021) (Ex. MET-MKE-019)/library/MET-MKE-019/exhibit/MET-MKE-019
Ex. MET-MKE-020Emergency Order #14 AmendmentJanel Heinrich, Public Health Officer of Madison and Dane CountyMar. 18, 2021Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #14 Amendment (Mar. 18, 2021) (Ex. MET-MKE-020)/library/MET-MKE-020/exhibit/MET-MKE-020
Ex. MET-MKE-021Emergency Order #15Janel Heinrich, Public Health Officer of Madison and Dane CountyApr. 2, 2021Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #15 (Apr. 2, 2021) (Ex. MET-MKE-021)/library/MET-MKE-021/exhibit/MET-MKE-021
Ex. MET-MKE-022Emergency Order #16Janel Heinrich, Public Health Officer of Madison and Dane CountyApr. 29, 2021Janel Heinrich, Public Health Officer of Madison and Dane County, Emergency Order #16 (Apr. 29, 2021) (Ex. MET-MKE-022)/library/MET-MKE-022/exhibit/MET-MKE-022
Ex. MET-MKE-023Face Covering Emergency Order (posted as Emergency Order #17)Janel Heinrich, Public Health Officer of Madison and Dane CountyAug. 17, 2021Janel Heinrich, Public Health Officer of Madison and Dane County, Face Covering Emergency Order (posted as Emergency Order #17) (Aug. 17, 2021) (Ex. MET-MKE-023)/library/MET-MKE-023/exhibit/MET-MKE-023
Ex. MET-MKE-024Face Covering Emergency Order #2 (posted as Emergency Order #18)Janel Heinrich, Public Health Officer of Madison and Dane CountySept. 9, 2021Janel Heinrich, Public Health Officer of Madison and Dane County, Face Covering Emergency Order #2 (posted as Emergency Order #18) (Sept. 9, 2021) (Ex. MET-MKE-024)/library/MET-MKE-024/exhibit/MET-MKE-024
Ex. MET-MKE-026James v. Heinrich, 2021 WI 58 (Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA) (decided June 11, 2021)Supreme Court of WisconsinJune 11, 2021Supreme Court of Wisconsin, James v. Heinrich, 2021 WI 58 (Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA) (decided June 11, 2021) (Ex. MET-MKE-026)/library/MET-MKE-026/exhibit/MET-MKE-026
Ex. MET-MKE-027Becker v. Dane County, 2022 WI 63 (Nos. 2021AP1343 & 2021AP1382) (decided July 8, 2022)Supreme Court of WisconsinJuly 8, 2022Supreme Court of Wisconsin, Becker v. Dane County, 2022 WI 63 (Nos. 2021AP1343 & 2021AP1382) (decided July 8, 2022) (Ex. MET-MKE-027)/library/MET-MKE-027/exhibit/MET-MKE-027
Ex. MET-MKE-028COVID-19 Order Restricting Food and Beverage Sales, Version 1Public Health Officers of the Health Departments of Milwaukee City, North Shore, Cudahy, South Milwaukee and St. Francis, in coordination with their Mayors and Village Presidents and the Milwaukee County ExecutiveMar. 16, 2020Public Health Officers of the Health Departments of Milwaukee City, North Shore, Cudahy, South Milwaukee and St. Francis, in coordination with their Mayors and Village Presidents and the Milwaukee County Executive, COVID-19 Order Restricting Food and Beverage Sales, Version 1 (Mar. 16, 2020) (Ex. MET-MKE-028)/library/MET-MKE-028/exhibit/MET-MKE-028
Ex. MET-MKE-029Press release: Eleven Milwaukee County Municipalities Restrict Food and Beverage Sales in Latest Effort to Protect Public HealthMilwaukee County Executive Chris Abele (press office) on behalf of eleven municipal leadersMar. 16, 2020Milwaukee County Executive Chris Abele (press office) on behalf of eleven municipal leaders, Press release: Eleven Milwaukee County Municipalities Restrict Food and Beverage Sales in Latest Effort to Protect Public Health (Mar. 16, 2020) (Ex. MET-MKE-029)/library/MET-MKE-029/exhibit/MET-MKE-029
Ex. MET-MKE-030Order of the City of Milwaukee Commissioner of Health Imposing a City-Wide 'Stay-At-Home' Requirement to Mitigate the Spread of COVID-19 (signed March 23, 2020)Jeanette Kowalik, PhD, MPH, MCHES, Commissioner of Health, City of Milwaukee Health DepartmentMar. 23, 2020Jeanette Kowalik, PhD, MPH, MCHES, Commissioner of Health, City of Milwaukee Health Department, Order of the City of Milwaukee Commissioner of Health Imposing a City-Wide 'Stay-At-Home' Requirement to Mitigate the Spread of COVID-19 (signed March 23, 2020) (Mar. 23, 2020) (Ex. MET-MKE-030)/library/MET-MKE-030/exhibit/MET-MKE-030
Ex. MET-MKE-031Statement from Acting Commissioner Marlaina Jackson (Nov. 11, 2020)Marlaina Jackson, Acting Commissioner of Health, Milwaukee Health DepartmentNov. 11, 2020Marlaina Jackson, Acting Commissioner of Health, Milwaukee Health Department, Statement from Acting Commissioner Marlaina Jackson (Nov. 11, 2020) (Ex. MET-MKE-031)/library/MET-MKE-031/exhibit/MET-MKE-031
Ex. MET-MKE-032Media release: The City of Milwaukee Phase 4.1 Order Update (Sept. 25, 2020)Milwaukee Health DepartmentSept. 25, 2020Milwaukee Health Department, Media release: The City of Milwaukee Phase 4.1 Order Update (Sept. 25, 2020) (Ex. MET-MKE-032)/library/MET-MKE-032/exhibit/MET-MKE-032
Ex. MET-MKE-033Media release: The City of Milwaukee Health Department will continue to enforce the Moving Milwaukee Forward Safely Order as written (Oct. 7, 2020)Milwaukee Health DepartmentOct. 7, 2020Milwaukee Health Department, Media release: The City of Milwaukee Health Department will continue to enforce the Moving Milwaukee Forward Safely Order as written (Oct. 7, 2020) (Ex. MET-MKE-033)/library/MET-MKE-033/exhibit/MET-MKE-033
Ex. MET-MKE-034Order #4.2, COVID-19 Public Health Plan for the City of Milwaukee (Revised Oct. 26, 2020)City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department)Oct. 26, 2020City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), Order #4.2, COVID-19 Public Health Plan for the City of Milwaukee (Revised Oct. 26, 2020) (Ex. MET-MKE-034)/library/MET-MKE-034/exhibit/MET-MKE-034
Ex. MET-MKE-035Order #4.3, COVID-19 Public Health Plan for the City of Milwaukee (Revised Nov. 30, 2020)City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department)Nov. 30, 2020City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), Order #4.3, COVID-19 Public Health Plan for the City of Milwaukee (Revised Nov. 30, 2020) (Ex. MET-MKE-035)/library/MET-MKE-035/exhibit/MET-MKE-035
Ex. MET-MKE-036Order #4.4, COVID-19 Public Health Plan for the City of Milwaukee (Feb. 1, 2021)City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department)Feb. 1, 2021City of Milwaukee, acting through its Commissioner of Health (Milwaukee Health Department), Order #4.4, COVID-19 Public Health Plan for the City of Milwaukee (Feb. 1, 2021) (Ex. MET-MKE-036)/library/MET-MKE-036/exhibit/MET-MKE-036
Ex. MET-MKE-037Phase 6 (Substantial Transmission) COVID-19 Public Health Plan for the City of Milwaukee (Mar. 17, 2021)City of Milwaukee, acting through its Commissioner of Health (Kirsten Johnson, Commissioner)Mar. 17, 2021City of Milwaukee, acting through its Commissioner of Health (Kirsten Johnson, Commissioner), Phase 6 (Substantial Transmission) COVID-19 Public Health Plan for the City of Milwaukee (Mar. 17, 2021) (Ex. MET-MKE-037)/library/MET-MKE-037/exhibit/MET-MKE-037
Ex. MET-MKE-038News release: Milwaukee Health Department Modifies COVID-19 Public Health Order; Revised Gating Criteria Also Clarify Reopening Steps (Mar. 18, 2021)Milwaukee Health Department (Commissioner Kirsten Johnson)Mar. 18, 2021Milwaukee Health Department (Commissioner Kirsten Johnson), News release: Milwaukee Health Department Modifies COVID-19 Public Health Order; Revised Gating Criteria Also Clarify Reopening Steps (Mar. 18, 2021) (Ex. MET-MKE-038)/library/MET-MKE-038/exhibit/MET-MKE-038
Ex. MET-MKE-039Updated Gating Criteria and Phases chart (Mar. 17, 2021)Milwaukee Health DepartmentMar. 17, 2021Milwaukee Health Department, Updated Gating Criteria and Phases chart (Mar. 17, 2021) (Ex. MET-MKE-039)/library/MET-MKE-039/exhibit/MET-MKE-039
Ex. MET-MKE-040News release: Moving Milwaukee Forward Health Order to Expire June 1 (May 18, 2021)Milwaukee Health Department (Commissioner Kirsten Johnson; Mayor Tom Barrett quoted)May 18, 2021Milwaukee Health Department (Commissioner Kirsten Johnson; Mayor Tom Barrett quoted), News release: Moving Milwaukee Forward Health Order to Expire June 1 (May 18, 2021) (Ex. MET-MKE-040)/library/MET-MKE-040/exhibit/MET-MKE-040
Ex. MET-MKE-041MCTS to Require Masks on Buses Starting August 1 (release of July 23, 2020)Milwaukee County Transit System (operated by Milwaukee Transport Services, Inc. for Milwaukee County)July 23, 2020Milwaukee County Transit System (operated by Milwaukee Transport Services, Inc. for Milwaukee County), MCTS to Require Masks on Buses Starting August 1 (release of July 23, 2020) (Ex. MET-MKE-041)/library/MET-MKE-041/exhibit/MET-MKE-041
Ex. MET-MKE-042March 19: MCTS Update on Coronavirus or COVID-19Milwaukee County Transit SystemMar. 19, 2020Milwaukee County Transit System, March 19: MCTS Update on Coronavirus or COVID-19 (Mar. 19, 2020) (Ex. MET-MKE-042)/library/MET-MKE-042/exhibit/MET-MKE-042
Ex. MET-MKE-043MCTS to Resume Fare Collection on June 1 (release of May 26, 2020)Milwaukee County Transit SystemMay 26, 2020Milwaukee County Transit System, MCTS to Resume Fare Collection on June 1 (release of May 26, 2020) (Ex. MET-MKE-043)/library/MET-MKE-043/exhibit/MET-MKE-043
Ex. MET-MKE-044Federal Mask Mandate for Public Transportation Extended (release of Aug. 23, 2021)Milwaukee County Transit System (implementing the TSA Security Directive and CDC order)Aug. 23, 2021Milwaukee County Transit System (implementing the TSA Security Directive and CDC order), Federal Mask Mandate for Public Transportation Extended (release of Aug. 23, 2021) (Ex. MET-MKE-044)/library/MET-MKE-044/exhibit/MET-MKE-044
Ex. MET-MKE-045Metro Transit COVID-19 Updates (page as captured Mar. 22, 2020)City of Madison Metro TransitMar. 18, 2020City of Madison Metro Transit, Metro Transit COVID-19 Updates (page as captured Mar. 22, 2020) (Mar. 18, 2020) (Ex. MET-MKE-045)/library/MET-MKE-045/exhibit/MET-MKE-045
Ex. MET-MKE-046Mask Up Madison: Face Coverings Required to Ride (page as captured Aug. 4, 2020; update posted July 13, 2020)City of Madison Metro Transit (implementing PHMDC Emergency Order #8)July 13, 2020City of Madison Metro Transit (implementing PHMDC Emergency Order #8), Mask Up Madison: Face Coverings Required to Ride (page as captured Aug. 4, 2020; update posted July 13, 2020) (Ex. MET-MKE-046)/library/MET-MKE-046/exhibit/MET-MKE-046
Ex. MET-MKE-047Federal Mask Policy: Masks Now Required on Buses (page as captured Feb. 5, 2021)City of Madison Metro Transit (implementing the CDC order)Feb. 1, 2021City of Madison Metro Transit (implementing the CDC order), Federal Mask Policy: Masks Now Required on Buses (page as captured Feb. 5, 2021) (Feb. 1, 2021) (Ex. MET-MKE-047)/library/MET-MKE-047/exhibit/MET-MKE-047
Ex. MET-MKE-048News release: All Public Health Orders Lifted in Dane County (June 2, 2021)City of Madison (release quoting Public Health Officer Janel Heinrich and County Executive Joe Parisi)June 2, 2021City of Madison (release quoting Public Health Officer Janel Heinrich and County Executive Joe Parisi), News release: All Public Health Orders Lifted in Dane County (June 2, 2021) (Ex. MET-MKE-048)/library/MET-MKE-048/exhibit/MET-MKE-048
Ex. MET-MKE-050News release: City of Madison Actions on Coronavirus: Updated March 24 (2020)City of Madison (Mayor's Office)Mar. 24, 2020City of Madison (Mayor's Office), News release: City of Madison Actions on Coronavirus: Updated March 24 (2020) (Mar. 24, 2020) (Ex. MET-MKE-050)/library/MET-MKE-050/exhibit/MET-MKE-050
Ex. MET-MKE-051News release: County Executive, Madison Mayor: Coronavirus Spreading, Everyone Needs to Isolate Now (Mar. 27, 2020)Dane County Executive Joe Parisi and Madison Mayor Satya Rhodes-ConwayMar. 27, 2020Dane County Executive Joe Parisi and Madison Mayor Satya Rhodes-Conway, News release: County Executive, Madison Mayor: Coronavirus Spreading, Everyone Needs to Isolate Now (Mar. 27, 2020) (Ex. MET-MKE-051)/library/MET-MKE-051/exhibit/MET-MKE-051
Ex. MET-MKE-052Milwaukee County COVID-19 County Policies and Procedures: Administrative Orders 20-3 (Telework, eff. 3/16/2020), 20-4 (Social Distancing, eff. 3/16/2020)…Milwaukee County Executive (Administrative Orders of the County Executive and Department of Administrative Services)Mar. 16, 2020Milwaukee County Executive (Administrative Orders of the County Executive and Department of Administrative Services), Milwaukee County COVID-19 County Policies and Procedures: Administrative Orders 20-3 (Telework, eff. 3/16/2020), 20-4 (Social Distancing, eff. 3/16/2020), 20-7v8 (response to confirmed cases, 8/19/2021), 20-13v10 (Service Risk and Re-Opening Requirements, eff. 7/1/2021), 20-14v7 (Universal Face Mask Policy, eff. 8/2/2021), 20-17v4 (Health Screening, eff. 7/15/2021), 21-1v3 (Expanded Paid Sick Leave, eff. 5/2/2021), 21-3v2 (Vaccine Mandate, eff. 10/8/2021) (Mar. 16, 2020) (Ex. MET-MKE-052)/library/MET-MKE-052/exhibit/MET-MKE-052
Ex. MET-MKE-053Milwaukee County COVID-19 page (as captured Mar. 16, 2020): Chief Judge's emergency order effective March 16, 2020; senior centers and dining sites closed or…Milwaukee County (COVID-19 page); District One Chief Judge Mary E. Triggiano (court order described)Mar. 13, 2020Milwaukee County (COVID-19 page); District One Chief Judge Mary E. Triggiano (court order described), Milwaukee County COVID-19 page (as captured Mar. 16, 2020): Chief Judge's emergency order effective March 16, 2020; senior centers and dining sites closed or carry-out only from March 16-17, 2020; parks venues and the Zoo closed (Mar. 13, 2020) (Ex. MET-MKE-053)/library/MET-MKE-053/exhibit/MET-MKE-053
Ex. MET-MKE-054Moving Milwaukee Forward, Phased Re-Opening Plan for the City of Milwaukee, full table (June 4, 2020)Milwaukee Health DepartmentJune 4, 2020Milwaukee Health Department, Moving Milwaukee Forward, Phased Re-Opening Plan for the City of Milwaukee, full table (June 4, 2020) (Ex. MET-MKE-054)/library/MET-MKE-054/exhibit/MET-MKE-054
Ex. MET-MKE-055Media release: The City of Milwaukee is still in Phase 3 of its COVID-19 Orders (June 19, 2020)Milwaukee Health DepartmentJune 19, 2020Milwaukee Health Department, Media release: The City of Milwaukee is still in Phase 3 of its COVID-19 Orders (June 19, 2020) (Ex. MET-MKE-055)/library/MET-MKE-055/exhibit/MET-MKE-055
Ex. MET-MKE-056Order #4, COVID-19 Public Health Plan for the City of Milwaukee (June 26, 2020) (Moving Milwaukee Forward Safely Phase 4)City of Milwaukee, acting through its Commissioner of Health (Jeanette Kowalik, Commissioner)June 26, 2020City of Milwaukee, acting through its Commissioner of Health (Jeanette Kowalik, Commissioner), Order #4, COVID-19 Public Health Plan for the City of Milwaukee (June 26, 2020) (Moving Milwaukee Forward Safely Phase 4) (Ex. MET-MKE-056)/library/MET-MKE-056/exhibit/MET-MKE-056
Ex. MET-MKE-057Media release: The City of Milwaukee Moves Forward into Phase 4 of its COVID-19 Orders (June 26, 2020)Milwaukee Health DepartmentJune 26, 2020Milwaukee Health Department, Media release: The City of Milwaukee Moves Forward into Phase 4 of its COVID-19 Orders (June 26, 2020) (Ex. MET-MKE-057)/library/MET-MKE-057/exhibit/MET-MKE-057
Ex. MET-MKE-058Moving Milwaukee Forward Phased Re-Opening Plan, full table (June 25, 2020) (Phase 4 version)Milwaukee Health DepartmentJune 25, 2020Milwaukee Health Department, Moving Milwaukee Forward Phased Re-Opening Plan, full table (June 25, 2020) (Phase 4 version) (Ex. MET-MKE-058)/library/MET-MKE-058/exhibit/MET-MKE-058
Ex. MET-MKE-059Media release: The City of Milwaukee Phase 4 Assessment Update, MKE Cares mask ordinance in effect and clarification on school openings (July 17, 2020)Milwaukee Health DepartmentJuly 17, 2020Milwaukee Health Department, Media release: The City of Milwaukee Phase 4 Assessment Update, MKE Cares mask ordinance in effect and clarification on school openings (July 17, 2020) (Ex. MET-MKE-059)/library/MET-MKE-059/exhibit/MET-MKE-059
Ex. MET-MKE-060Order #4.1, COVID-19 Public Health Plan for the City of Milwaukee (July 30, 2020)City of Milwaukee, acting through its Commissioner of HealthJuly 30, 2020City of Milwaukee, acting through its Commissioner of Health, Order #4.1, COVID-19 Public Health Plan for the City of Milwaukee (July 30, 2020) (Ex. MET-MKE-060)/library/MET-MKE-060/exhibit/MET-MKE-060
Ex. MET-MKE-061Moving Milwaukee Forward Safely full table (July 31, 2020) (Phase 4.1 version)Milwaukee Health DepartmentJuly 31, 2020Milwaukee Health Department, Moving Milwaukee Forward Safely full table (July 31, 2020) (Phase 4.1 version) (Ex. MET-MKE-061)/library/MET-MKE-061/exhibit/MET-MKE-061
Ex. MET-MKE-062Media release: Moving Milwaukee Forward Safely Phase 4.1 (July 31, 2020)Milwaukee Health DepartmentJuly 31, 2020Milwaukee Health Department, Media release: Moving Milwaukee Forward Safely Phase 4.1 (July 31, 2020) (Ex. MET-MKE-062)/library/MET-MKE-062/exhibit/MET-MKE-062
Ex. MET-MKE-063MKE Cares Mask Ordinance poster (July 16, 2020)Milwaukee Health DepartmentJuly 16, 2020Milwaukee Health Department, MKE Cares Mask Ordinance poster (July 16, 2020) (Ex. MET-MKE-063)/library/MET-MKE-063/exhibit/MET-MKE-063
Ex. MET-MKE-064Phase 6 (Substantial Transmission) COVID-19 Public Health Plan for the City of Milwaukee, revised May 19, 2021 (v3)City of Milwaukee, acting through its Commissioner of Health (Kirsten Johnson, Commissioner)May 19, 2021City of Milwaukee, acting through its Commissioner of Health (Kirsten Johnson, Commissioner), Phase 6 (Substantial Transmission) COVID-19 Public Health Plan for the City of Milwaukee, revised May 19, 2021 (v3) (Ex. MET-MKE-064)/library/MET-MKE-064/exhibit/MET-MKE-064
Ex. MET-MKE-065Media release: Moving Milwaukee Forward Safely Business Update (Sept. 11, 2020)Milwaukee Health DepartmentSept. 11, 2020Milwaukee Health Department, Media release: Moving Milwaukee Forward Safely Business Update (Sept. 11, 2020) (Ex. MET-MKE-065)/library/MET-MKE-065/exhibit/MET-MKE-065
Ex. MET-MKE-066Common Council File No. 200426, Substitute 2: A substitute ordinance relating to a requirement for face coverings in public spaces during the COVID-19 pandemic…Mayor and Common Council of the City of Milwaukee (Common Council File No. 200426, Substitute 2; sponsors Ald. Dimitrijevic, Zamarripa, Johnson, Kovac, Hamilton, Dodd, Perez and Lewis); certified by the City ClerkJuly 13, 2020Mayor and Common Council of the City of Milwaukee (Common Council File No. 200426, Substitute 2; sponsors Ald. Dimitrijevic, Zamarripa, Johnson, Kovac, Hamilton, Dodd, Perez and Lewis); certified by the City Clerk, Common Council File No. 200426, Substitute 2: A substitute ordinance relating to a requirement for face coverings in public spaces during the COVID-19 pandemic (creating MCO §§ 62-1-11, 62-1-12 and 62-8) ('MKE Cares' mask ordinance) (July 13, 2020) (Ex. MET-MKE-066)/library/MET-MKE-066/exhibit/MET-MKE-066
Ex. MET-MKE-067Media release: Milwaukee Cares Mask Ordinance to Go into Effect July 16 (July 14, 2020)Milwaukee Health DepartmentJuly 14, 2020Milwaukee Health Department, Media release: Milwaukee Cares Mask Ordinance to Go into Effect July 16 (July 14, 2020) (Ex. MET-MKE-067)/library/MET-MKE-067/exhibit/MET-MKE-067
Ex. MET-MKE-068MKE Cares mask ordinance FAQ (July 14, 2020)Milwaukee Health DepartmentJuly 14, 2020Milwaukee Health Department, MKE Cares mask ordinance FAQ (July 14, 2020) (Ex. MET-MKE-068)/library/MET-MKE-068/exhibit/MET-MKE-068
Ex. MET-MKE-069Milwaukee Health Department K-12 Reopening Guidance (Aug. 11, 2020), with the School Safety Assessment ChecklistMilwaukee Health DepartmentAug. 11, 2020Milwaukee Health Department, Milwaukee Health Department K-12 Reopening Guidance (Aug. 11, 2020), with the School Safety Assessment Checklist (Ex. MET-MKE-069)/library/MET-MKE-069/exhibit/MET-MKE-069
Ex. MET-MKE-070Milwaukee Health Department K-12 Reopening Guidance, 2021-2022 School Year (Aug. 5, 2021)Milwaukee Health DepartmentAug. 5, 2021Milwaukee Health Department, Milwaukee Health Department K-12 Reopening Guidance, 2021-2022 School Year (Aug. 5, 2021) (Ex. MET-MKE-070)/library/MET-MKE-070/exhibit/MET-MKE-070
Ex. MET-MKE-071city.milwaukee.gov/MMFS index page (May 30, 2020 capture) listing 'Moving Milwaukee Forward - Order #1 COVID-19 Public Health Plan for the City of Milwaukee'…City of Milwaukee (Moving Milwaukee Forward Safely web page, as captured May 30, 2020)May 30, 2020City of Milwaukee (Moving Milwaukee Forward Safely web page, as captured May 30, 2020), city.milwaukee.gov/MMFS index page (May 30, 2020 capture) listing 'Moving Milwaukee Forward - Order #1 COVID-19 Public Health Plan for the City of Milwaukee' (May 14, 2020: 'City of Milwaukee Releases New Order') and 'Moving Milwaukee Forward - Order #2' (May 21-22, 2020) and a May 29, 2020 update (Ex. MET-MKE-071)/library/MET-MKE-071/exhibit/MET-MKE-071
Ex. MET-MKE-074Moving Milwaukee Forward Order #1, COVID-19 Public Health Plan for the City of Milwaukee ('Milwaukee Safe at Home') (May 14, 2020)City of Milwaukee, acting through its Commissioner of Health (Jeanette Kowalik)May 14, 2020City of Milwaukee, acting through its Commissioner of Health (Jeanette Kowalik), Moving Milwaukee Forward Order #1, COVID-19 Public Health Plan for the City of Milwaukee ('Milwaukee Safe at Home') (May 14, 2020) (Ex. MET-MKE-074)/library/MET-MKE-074
Ex. MET-MKE-075Moving Milwaukee Forward Order #2, COVID-19 Public Health Plan for the City of Milwaukee (Phase 2) (May 21, 2020)City of Milwaukee, acting through its Commissioner of HealthMay 21, 2020City of Milwaukee, acting through its Commissioner of Health, Moving Milwaukee Forward Order #2, COVID-19 Public Health Plan for the City of Milwaukee (Phase 2) (May 21, 2020) (Ex. MET-MKE-075)/library/MET-MKE-075
Ex. MET-MKE-076Moving Milwaukee Forward Order #3, COVID-19 Public Health Plan for the City of Milwaukee (Phase 3) (early June 2020)City of Milwaukee, acting through its Commissioner of HealthJune 5, 2020City of Milwaukee, acting through its Commissioner of Health, Moving Milwaukee Forward Order #3, COVID-19 Public Health Plan for the City of Milwaukee (Phase 3) (early June 2020) (June 5, 2020) (Ex. MET-MKE-076)/library/MET-MKE-076
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
Ex. WI-001Executive Order #72Governor Tony EversMar. 12, 2020Governor Tony Evers, Executive Order #72 (Mar. 12, 2020) (Ex. WI-001)/library/WI-001/exhibit/WI-001
Ex. WI-002Emergency Order #12, Safer at Home Order, §§ 2, 13, 16, 17Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor EversMar. 24, 2020Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, at the direction of Governor Evers, Emergency Order #12, Safer at Home Order, §§ 2, 13, 16, 17 (Mar. 24, 2020) (Ex. WI-002)/library/WI-002/exhibit/WI-002
Ex. WI-003Emergency Order #28, Safer at Home Order (extension), § 2.b (Safe Business Practices) and § 18 (Enforcement)Andrea Palm, Secretary-designee, Wisconsin Department of Health ServicesApr. 16, 2020Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #28, Safer at Home Order (extension), § 2.b (Safe Business Practices) and § 18 (Enforcement) (Apr. 16, 2020) (Ex. WI-003)/library/WI-003/exhibit/WI-003
Ex. WI-004Emergency Order #31Andrea Palm, Secretary-designee, Wisconsin Department of Health ServicesApr. 20, 2020Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #31 (Apr. 20, 2020) (Ex. WI-004)/library/WI-004/exhibit/WI-004
Ex. WI-005Emergency Order #34Andrea Palm, Secretary-designee, Wisconsin Department of Health ServicesApr. 27, 2020Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #34 (Apr. 27, 2020) (Ex. WI-005)/library/WI-005
Ex. WI-006Emergency Order #36Andrea Palm, Secretary-designee, Wisconsin Department of Health ServicesMay 11, 2020Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #36 (May 11, 2020) (Ex. WI-006)/library/WI-006
Ex. WI-007Wisconsin Legislature v. Palm, 2020 WI 42, No. 2020AP765-OA, ¶¶ 3-4Wisconsin Supreme Court (Roggensack, C.J.)May 13, 2020Wisconsin Supreme Court (Roggensack, C.J.), Wisconsin Legislature v. Palm, 2020 WI 42, No. 2020AP765-OA, ¶¶ 3-4 (May 13, 2020) (Ex. WI-007)/library/WI-007/exhibit/WI-007
Ex. WI-008Executive Order #82Governor Tony EversJuly 30, 2020Governor Tony Evers, Executive Order #82 (July 30, 2020) (Ex. WI-008)/library/WI-008/exhibit/WI-008
Ex. WI-009Emergency Order #1 (July 30, 2020), Relating to Requiring Face Coverings, §§ 2, 7Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #82July 30, 2020Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #82, Emergency Order #1 (July 30, 2020), Relating to Requiring Face Coverings, §§ 2, 7 (Ex. WI-009)/library/WI-009/exhibit/WI-009
Ex. WI-010Executive Order #90Governor Tony EversSept. 22, 2020Governor Tony Evers, Executive Order #90 (Sept. 22, 2020) (Ex. WI-010)/library/WI-010/exhibit/WI-010
Ex. WI-011Emergency Order #1 (September 22, 2020)Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #90Sept. 22, 2020Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #90, Emergency Order #1 (September 22, 2020) (Sept. 22, 2020) (Ex. WI-011)/library/WI-011/exhibit/WI-011
Ex. WI-012Emergency Order #3, Limiting Public Gatherings, §§ 2, 6Andrea Palm, Secretary-designee, Wisconsin Department of Health ServicesOct. 6, 2020Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #3, Limiting Public Gatherings, §§ 2, 6 (Oct. 6, 2020) (Ex. WI-012)/library/WI-012/exhibit/WI-012
Ex. WI-013Executive Order #94, Relating to Actions Every Wisconsinite Should Take to Protect their Family, Friends, and Neighbors from COVID-19, § 3 (Businesses)Governor Tony EversNov. 10, 2020Governor Tony Evers, Executive Order #94, Relating to Actions Every Wisconsinite Should Take to Protect their Family, Friends, and Neighbors from COVID-19, § 3 (Businesses) (Nov. 10, 2020) (Ex. WI-013)/library/WI-013/exhibit/WI-013
Ex. WI-014Executive Order #95Governor Tony EversNov. 20, 2020Governor Tony Evers, Executive Order #95 (Nov. 20, 2020) (Ex. WI-014)/library/WI-014/exhibit/WI-014
Ex. WI-015Emergency Order #1 (November 20, 2020)Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #95Nov. 20, 2020Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #95, Emergency Order #1 (November 20, 2020) (Nov. 20, 2020) (Ex. WI-015)/library/WI-015/exhibit/WI-015
Ex. WI-016Executive Order #104Governor Tony EversJan. 19, 2021Governor Tony Evers, Executive Order #104 (Jan. 19, 2021) (Ex. WI-016)/library/WI-016/exhibit/WI-016
Ex. WI-017Emergency Order #1 (January 19, 2021)Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #104Jan. 19, 2021Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #104, Emergency Order #1 (January 19, 2021) (Jan. 19, 2021) (Ex. WI-017)/library/WI-017/exhibit/WI-017
Ex. WI-0182021 Senate Joint Resolution 3 (Enrolled)Wisconsin Legislature (Senate and Assembly)Feb. 4, 2021Wisconsin Legislature (Senate and Assembly), 2021 Senate Joint Resolution 3 (Enrolled) (Feb. 4, 2021) (Ex. WI-018)/library/WI-018/exhibit/WI-018
Ex. WI-019Executive Order #105Governor Tony EversFeb. 4, 2021Governor Tony Evers, Executive Order #105 (Feb. 4, 2021) (Ex. WI-019)/library/WI-019/exhibit/WI-019
Ex. WI-020Emergency Order #1 (February 4, 2021)Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #105Feb. 4, 2021Governor Tony Evers (Office of the Governor), under Wis. Stat. § 323.12(4)(b) and Executive Order #105, Emergency Order #1 (February 4, 2021) (Feb. 4, 2021) (Ex. WI-020)/library/WI-020/exhibit/WI-020
Ex. WI-021Fabick v. Evers, 2021 WI 28, No. 2020AP1718-OAWisconsin Supreme Court (Hagedorn, J.)Mar. 31, 2021Wisconsin Supreme Court (Hagedorn, J.), Fabick v. Evers, 2021 WI 28, No. 2020AP1718-OA (Mar. 31, 2021) (Ex. WI-021)/library/WI-021/exhibit/WI-021
Ex. WI-022Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33, No. 2020AP1742Wisconsin Supreme Court (Roggensack, C.J., lead opinion)Apr. 14, 2021Wisconsin Supreme Court (Roggensack, C.J., lead opinion), Tavern League of Wisconsin, Inc. v. Palm, 2021 WI 33, No. 2020AP1742 (Apr. 14, 2021) (Ex. WI-022)/library/WI-022/exhibit/WI-022
Ex. WI-023James v. Heinrich, 2021 WI 58, Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OAWisconsin Supreme Court (Rebecca Grassl Bradley, J.)June 11, 2021Wisconsin Supreme Court (Rebecca Grassl Bradley, J.), James v. Heinrich, 2021 WI 58, Nos. 2020AP1419-OA, 2020AP1420-OA, 2020AP1446-OA (June 11, 2021) (Ex. WI-023)/library/WI-023/exhibit/WI-023
Ex. WI-024Becker v. Dane County, 2022 WI 63, Nos. 2021AP1343 & 2021AP1382, ¶¶ 1-2Wisconsin Supreme CourtJuly 8, 2022Wisconsin Supreme Court, Becker v. Dane County, 2022 WI 63, Nos. 2021AP1343 & 2021AP1382, ¶¶ 1-2 (July 8, 2022) (Ex. WI-024)/library/WI-024/exhibit/WI-024
Ex. WI-025Order, In re the Matter of Jury Trials During the COVID-19 PandemicWisconsin Supreme Court (administrative and superintending authority, Wis. Const. art. VII, § 3)Mar. 22, 2020Wisconsin Supreme Court (administrative and superintending authority, Wis. Const. art. VII, § 3), Order, In re the Matter of Jury Trials During the COVID-19 Pandemic (Mar. 22, 2020) (Ex. WI-025)/library/WI-025/exhibit/WI-025
Ex. WI-026Order, In re the Matter of Remote Hearings During the COVID-19 PandemicWisconsin Supreme CourtMar. 22, 2020Wisconsin Supreme Court, Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Mar. 22, 2020) (Ex. WI-026)/library/WI-026/exhibit/WI-026
Ex. WI-027Order, In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal…Wisconsin Supreme CourtMay 22, 2020Wisconsin Supreme Court, Order, In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings During the COVID-19 Pandemic (May 22, 2020) (Ex. WI-027)/library/WI-027/exhibit/WI-027
Ex. WI-028Amended Order (issued May 22, 2020; amended Oct. 1, 2020), In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials…Wisconsin Supreme CourtOct. 1, 2020Wisconsin Supreme Court, Amended Order (issued May 22, 2020; amended Oct. 1, 2020), In re the Matter of the Extension of Orders and Interim Rule Concerning Continuation of Jury Trials, Suspension of Statutory Deadlines for Non-Criminal Jury Trials, and Remote Hearings (Ex. WI-028)/library/WI-028/exhibit/WI-028
Ex. WI-029Order, In re the Matter of Modification of Circuit Court and Municipal Accommodations That Were Required Because of the COVID-19 PandemicWisconsin Supreme CourtMay 21, 2021Wisconsin Supreme Court, Order, In re the Matter of Modification of Circuit Court and Municipal Accommodations That Were Required Because of the COVID-19 Pandemic (May 21, 2021) (Ex. WI-029)/library/WI-029/exhibit/WI-029
Ex. WI-030Order, In re the Matter of Emergency Procedures Related to the Federal Coronavirus Aid, Relief, and Economic Security Act's Temporary Moratorium on Eviction…Wisconsin Supreme CourtJune 5, 2020Wisconsin Supreme Court, Order, In re the Matter of Emergency Procedures Related to the Federal Coronavirus Aid, Relief, and Economic Security Act's Temporary Moratorium on Eviction Filings (June 5, 2020) (Ex. WI-030)/library/WI-030/exhibit/WI-030
Ex. WI-031Order, In re the Matter of CDC Eviction Moratorium Compliance For Eviction FilingsWisconsin Supreme CourtOct. 21, 2020Wisconsin Supreme Court, Order, In re the Matter of CDC Eviction Moratorium Compliance For Eviction Filings (Oct. 21, 2020) (Ex. WI-031)/library/WI-031/exhibit/WI-031
Ex. WI-0322019 Wisconsin Act 185 § 98, Immunity for health care providers during COVID-19 emergency (Wis. Stat. § 895.4801)Wisconsin Legislature; Governor Tony Evers (signed)Apr. 15, 2020Wisconsin Legislature; Governor Tony Evers (signed), 2019 Wisconsin Act 185 § 98, Immunity for health care providers during COVID-19 emergency (Wis. Stat. § 895.4801) (Apr. 15, 2020) (Ex. WI-032)/library/WI-032/exhibit/WI-032
Ex. WI-033Emergency Order #15Andrea Palm, Secretary-designee, Wisconsin Department of Health ServicesMar. 27, 2020Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #15 (Mar. 27, 2020) (Ex. WI-033)/library/WI-033/exhibit/WI-033
Ex. WI-034Emergency Order #1 (March 13, 2020)Andrea Palm, Secretary-designee, Wisconsin Department of Health ServicesMar. 13, 2020Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #1 (March 13, 2020) (Mar. 13, 2020) (Ex. WI-034)/library/WI-034
Ex. WI-035Emergency Order #5 (March 17, 2020) (superseding Emergency Order #4 of March 16, 2020, gatherings of 50 or more)Andrea Palm, Secretary-designee, Wisconsin Department of Health ServicesMar. 17, 2020Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #5 (March 17, 2020) (superseding Emergency Order #4 of March 16, 2020, gatherings of 50 or more) (Mar. 17, 2020) (Ex. WI-035)/library/WI-035/exhibit/WI-035
Ex. WI-036Emergency Order #6 (March 18, 2020)Andrea Palm, Secretary-designee, Wisconsin Department of Health ServicesMar. 18, 2020Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #6 (March 18, 2020) (Mar. 18, 2020) (Ex. WI-036)/library/WI-036
Ex. WI-037Emergency Order #16 (March 27, 2020)Andrea Palm, Secretary-designee, Wisconsin Department of Health ServicesMar. 27, 2020Andrea Palm, Secretary-designee, Wisconsin Department of Health Services, Emergency Order #16 (March 27, 2020) (Mar. 27, 2020) (Ex. WI-037)/library/WI-037/exhibit/WI-037
Ex. WI-038Emergency Orders #20 and #21 (April 6, 2020)Andrea Palm, Secretary-designee, Wisconsin Department of Health Services (with DSPS)Apr. 6, 2020Andrea Palm, Secretary-designee, Wisconsin Department of Health Services (with DSPS), Emergency Orders #20 and #21 (April 6, 2020) (Apr. 6, 2020) (Ex. WI-038)/library/WI-038/exhibit/WI-038
Ex. WI-039Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine…Wisconsin Legislature (codified statute)Mar. 1, 2020Wisconsin Legislature (codified statute), Wis. Stat. ch. 252, Communicable Diseases (252.02 powers and duties of department; 252.03 duties of local health officers; 252.06 isolation and quarantine; 252.25 violation of law relating to health) (Mar. 1, 2020) (Ex. WI-039)/library/WI-039/exhibit/WI-039
Ex. WI-040Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties)Wisconsin Legislature (codified statute)Mar. 1, 2020Wisconsin Legislature (codified statute), Wis. Stat. ch. 323, Emergency Management (323.10 declaration by governor; 323.12 powers and duties of the governor; 323.28 penalties) (Mar. 1, 2020) (Ex. WI-040)/library/WI-040/exhibit/WI-040
Ex. WI-041OCI Bulletin, March 20, 2020Wisconsin Office of the Commissioner of Insurance (Commissioner Mark Afable)Mar. 20, 2020Wisconsin Office of the Commissioner of Insurance (Commissioner Mark Afable), OCI Bulletin, March 20, 2020 (Mar. 20, 2020) (Ex. WI-041)/library/WI-041/exhibit/WI-041
Ex. WI-042OCI Bulletin, March 15, 2020Wisconsin Office of the Commissioner of InsuranceMar. 15, 2020Wisconsin Office of the Commissioner of Insurance, OCI Bulletin, March 15, 2020 (Mar. 15, 2020) (Ex. WI-042)/library/WI-042/exhibit/WI-042
Ex. WI-043Amended Order, In re the Matter of Remote Hearings During the COVID-19 PandemicWisconsin Supreme CourtApr. 15, 2020Wisconsin Supreme Court, Amended Order, In re the Matter of Remote Hearings During the COVID-19 Pandemic (Apr. 15, 2020) (Ex. WI-043)/library/WI-043/exhibit/WI-043
Ex. WI-044Order, In re the Matter of Remote Hearings in Appellate CourtsWisconsin Supreme CourtJune 18, 2021Wisconsin Supreme Court, Order, In re the Matter of Remote Hearings in Appellate Courts (June 18, 2021) (Ex. WI-044)/library/WI-044/exhibit/WI-044
Ex. WI-045Order, In re the Matter of the Filing of Court Documents in Circuit and Appellate Courts (Temporary Mailbox Rule)Wisconsin Supreme CourtJune 18, 2021Wisconsin Supreme Court, Order, In re the Matter of the Filing of Court Documents in Circuit and Appellate Courts (Temporary Mailbox Rule) (June 18, 2021) (Ex. WI-045)/library/WI-045/exhibit/WI-045

8. How to use this report

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

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

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

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

Printed from covidproject.com/report?state=WI&metro=MKE&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.