Eligibility report

Governmental Orders Record and Eligibility Analysis

Texas

2021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 235 instruments cited; 231 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=TX&quarters=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 Texas and no metropolitan area (elsewhere in the State). Quarters: 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=TX&quarters=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.

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

Texas, first day (July 1, 2021): July 1, 2021: disaster declaration; GA-34 as modified by GA-36; GA-35; GA-10; SB 968; HB 1239; HB 1024; Thirty-Eighth and Thirty-Seventh Emergency Orders; Open Meetings suspension; HHSC long-term care guidance; TEA guidance for the coming school year pending (issued Aug. 5).

Texas, last day (Sept. 30, 2021): GA-38 (Ex. TX-036) with ¶ 2 superseded by GA-39 (Ex. TX-037); SB 968; HB 1239; HB 1024; Supreme Court Fortieth (to Oct. 1) and Thirty-Ninth (eviction diversion, to Oct. 1) Emergency Orders (Exs. TX-040, TX-041), with the Forty-Third issued Sept. 21 to take effect Oct. 1 (Ex. TX-065); TEA Public Health Guidance of Sept. 2, 2021 (mandatory exclusion and notification; mask provision of GA-38 not enforced pending litigation) (Ex. TX-053); Supreme Court stays of Aug. 15 and 26 in In re Abbott (Exs. TX-044 to TX-046); HHSC long-term care visitation and infection-control guidance under GA-38 ¶ 3.d.

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

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

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

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

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

Layer	2021 Q3	Total
Federal layer	167	167
State of Texas	22	22
Agencies, boards and authorities	15	15
Standing duties	48	48
All layers	252	252

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.

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

Federal layer

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: 92 (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-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: 92 (the whole quarter)

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-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: 92 (the whole quarter)

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-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: 92 (the whole quarter)

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

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

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

Ex. FED-156

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

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

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

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

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

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

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

Ex. FED-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: 92 (the whole quarter)

[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: 92 (the whole quarter)

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

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

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

Ex. FED-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-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: 48 (in force on the first day)

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-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: 92 (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: 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 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: 92 (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: 92 (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: 92 (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: 92 (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: 92 (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: 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 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: 92 (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-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: 92 (the whole quarter)

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

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

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

Ex. FED-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-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-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-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: 19 (in force on the first day)

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-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-132

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

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

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

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

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

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

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

Ex. FED-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-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: 92 (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: 92 (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: 92 (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

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: 92 (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: 92 (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: 92 (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: 92 (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

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

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 Texas

Ex. TX-029

Executive Order GA-34

Relating to the opening of Texas in response to the COVID-19 disaster

Governor Greg Abbott, Texas (State)

Dates: In force from Mar. 10, 2021 to July 29, 2021 (issued Mar. 2, 2021)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Capacity limitFace-covering requirementSchools and child careHealth care ordersOther
Functions reached: ends statewide CAP for all sectors; ends MASK mandate; authorizes county-judge mitigation to 50% in high-hospitalization TSAs; SCH continues under TEA protocols (masks in schools to June 4, 2021); VS long-term care under HHSC guidance
Grade: Primary source read
Days in this quarter: 29 (in force on the first day)

1. In all counties not in an area with high hospitalizations as defined below: a. there are no COVID-19-related operating limits for any business or other establishment; and b. individuals are strongly encouraged to wear face coverings... but no person may be required by any jurisdiction to wear or to mandate the wearing of a face covering.... 2. In any county located in an area with high hospitalizations as defined above: a. there are no state-imposed COVID-19-related operating limits for any business or other establishment; b. there is no state-imposed requirement to wear a face covering; and c. the county judge may use COVID-19-related mitigation strategies; provided, however, that: i. business and other establishments may not be required to operate at less than 50 percent of total occupancy...; ii. no jurisdiction may impose confinement in jail as a penalty...; and iii. no…

Enforcement: Preemption clause; suspension of §§ 418.1015(b), 418.108 and Health & Safety Code ch. 81 subch. E; § 418.173 fines for local officials added by GA-36

Citation: Governor Greg Abbott, Executive Order GA-34 (Mar. 2, 2021) (Ex. TX-029) Open the exhibit

Ex. TX-001

Disaster Proclamation (COVID-19)

A proclamation certifying that COVID-19 poses an imminent threat of disaster in the state and declaring a state of disaster for all counties in Texas

Governor Greg Abbott, Texas (State)

Dates: In force from Mar. 13, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for all functions
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

NOW, THEREFORE, I, GREG ABBOTT, Governor of the State of Texas, do hereby certify that COVID-19 poses an imminent threat of disaster. In accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I hereby declare a state of disaster for all counties in Texas.

Enforcement: Predicate for every GA-series order; Tex. Gov't Code § 418.173 (offense, fine up to $1,000, confinement up to 180 days) recited in GA-09 and GA-14

Citation: Governor Greg Abbott, Disaster Proclamation (COVID-19) (Mar. 13, 2020) (Ex. TX-001) Open the exhibit

Ex. TX-002

Suspension of Texas Open Meetings Act provisions (Gov't Code ch. 551)

Governor Abbott Allows Virtual And Telephonic Open Meetings To Maintain Government Transparency

Governor Greg Abbott (at the request of the Office of the Attorney General), Texas (State)

Dates: In force from Mar. 16, 2020 to Sept. 1, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Telework mandateCourts and public offices
Functions reached: CT courts, agencies and public bodies; BD bidding and public procurement meetings; MK in-person vendor presentations to public bodies
Grade: Primary source read
Days in this quarter: 63 (in force on the first day)

Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location.

Enforcement: Suspension under § 418.016; governmental bodies met by telephone or video

Citation: Governor Greg Abbott (at the request of the Office of the Attorney General), Suspension of Texas Open Meetings Act provisions (Gov't Code ch. 551) (Mar. 16, 2020) (Ex. TX-002) Open the exhibit

Ex. TX-005

Executive Order GA-10

Relating to daily reporting during the COVID-19 disaster

Governor Greg Abbott, Texas (State)

Dates: In force from Mar. 24, 2020 to July 29, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IP inpatient units (capacity reporting); DX diagnostics and laboratory (daily test reporting by every testing entity, including physician practices, pharmacies, employers and laboratories); OF administration
Grade: Primary source read
Days in this quarter: 29 (in force on the first day)

All hospitals licensed under Chapter 241 of the Texas Health and Safety Code, and all Texas state-run hospitals, except for psychiatric hospitals, shall submit to DSHS daily reports of hospital bed capacity, in the manner prescribed by DSHS.... Every public or private entity that is utilizing an FDA-approved test, including an emergency use authorization test, for human diagnostic purposes of COVID-19, shall submit to DSHS, as well as to the local health department, daily reports of all test results, both positive and negative.

Enforcement: Tex. Gov't Code § 418.173

Citation: Governor Greg Abbott, Executive Order GA-10 (Mar. 24, 2020) (Ex. TX-005) Open the exhibit

Ex. TX-015

Executive Order GA-22

Relating to confinement during the COVID-19 disaster

Governor Greg Abbott, Texas (State)

Dates: In force from May 7, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: enforcement modifier for all functions
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

All existing executive orders relating to COVID-19 are hereby amended to eliminate confinement in jail as an available penalty for any violation of the executive orders. No jurisdiction can confine a person in jail as a penalty for violating any executive order, or any order issued by local officials, in response to the COVID-19 disaster.

Enforcement: Fines under § 418.173 remain; confinement eliminated statewide and retroactively

Citation: Governor Greg Abbott, Executive Order GA-22 (May 7, 2020) (Ex. TX-015) Open the exhibit

Ex. TX-060

Twenty-Seventh Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 20-9113 (Texas Eviction Diversion Program)

Twenty-Seventh Emergency Order Regarding the COVID-19 State of Disaster

Supreme Court of Texas, Texas (Court)

Dates: In force from Sept. 17, 2020 to Sept. 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: PM property management; SV servicing and collections; CT courts
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

3.... in an effort to curb the possible surge of evictions due to the COVID-19 pandemic, assist Texas's most vulnerable tenants, and provide landlords with an alternative to eviction, the Court establishes the Texas Eviction Diversion Program and adopts the procedures set forth in this Order.... 5. In any action for eviction... a.... a sworn... petition must state that the plaintiff has reviewed the information about the Texas Eviction Diversion Program... c.... the judge must... discuss the Texas Eviction Diversion Program with the plaintiff and defendant... [and if both express interest] (A) abate the eviction action for 60 days; (B) make all court records... confidential.

Enforcement: Mandatory pleading, citation and abatement procedures

Citation: Supreme Court of Texas, Twenty-Seventh Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 20-9113 (Texas Eviction Diversion Program) (Sept. 17, 2020) (Ex. TX-060) Open the exhibit

Ex. TX-030

Executive Order GA-35

Relating to COVID-19 vaccines and the protection of Texans' private health information

Governor Greg Abbott, Texas (State)

Dates: In force from Apr. 5, 2021 to July 29, 2021
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: CB customer intake rules (no vaccination-proof for entry) for every publicly funded private entity; HR (no governmental compulsion); VS long-term care may still require resident documentation
Grade: Primary source read
Days in this quarter: 29 (in force on the first day)

2. State agencies and political subdivisions shall not adopt or enforce any order, ordinance, policy, regulation, rule, or similar measure that requires an individual to provide, as a condition of receiving any service or entering any place, documentation regarding the individual's vaccination status for any COVID-19 vaccine administered under an emergency use authorization.... 3. Any public or private entity that is receiving or will receive public funds through any means, including grants, contracts, loans, or other disbursements of taxpayer money, shall not require a consumer to provide, as a condition of receiving any service or entering any place, documentation regarding the consumer's vaccination status for any COVID-19 vaccine administered under an emergency use authorization.

Enforcement: Preemption of conflicting local orders; suspension of statutes

Citation: Governor Greg Abbott, Executive Order GA-35 (Apr. 5, 2021) (Ex. TX-030) Open the exhibit

Ex. TX-033

House Bill 1024 (Act of May 12, 2021): permanent pickup and delivery of alcoholic beverages with food

Relating to the pickup and delivery of alcoholic beverages from certain premises for off-premises consumption

Texas Legislature (87th Leg., R.S.), House Bill 1024, signed by Governor Abbott, Texas (State)

Dates: In force from May 12, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Alcohol and bars
Functions reached: TO takeout and delivery (alcohol-to-go made permanent); BA bar revenue channel
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Sec. 28.1001. PICKUP AND DELIVERY OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION... (2) the delivery of the alcoholic beverage is made as part of the delivery of food prepared at the permitted premises... (2) the pickup of the alcoholic beverage is made as part of the pickup of food prepared at the permitted premises.

Enforcement: TABC licensing

Citation: Texas Legislature (87th Leg., R.S.), House Bill 1024, signed by Governor Abbott, House Bill 1024 (Act of May 12, 2021): permanent pickup and delivery of alcoholic beverages with food (Ex. TX-033) Open the exhibit

Ex. TX-031

Executive Order GA-36

Relating to the prohibition of governmental entities and officials from mandating face coverings or restricting activities in response to the COVID-19 disaster

Governor Greg Abbott, Texas (State)

Dates: In force from May 18, 2021 to July 29, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementSchools and child careOther
Functions reached: preemption of local MASK orders for all sectors; SCH school mask policies ended June 4, 2021 (in force in the 2020-21 school year through that date)
Grade: Primary source read
Days in this quarter: 29 (in force on the first day)

1. No governmental entity, including a county, city, school district, and public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering... 2. Notwithstanding the above, public schools may continue to follow policies regarding the wearing of face coverings to the extent reflected in current guidance by the Texas Education Agency, until June 4, 2021. The Texas Education Agency shall revise its guidance such that, effective 11:59 p.m. on June 4, 2021, no student, teacher, parent, or other staff member or visitor may be required to wear a face covering.... the imposition of any such face-covering requirement by a local governmental entity or official constitutes a 'failure to comply with' this executive order that is subject to a fine up to $1,000, beginning at 11:59 p.m. on May 21, 2021.

Enforcement: Tex. Gov't Code § 418.173 fine up to $1,000 on the local governmental entity or official; suspension of Gov't Code §§ 418.1015(b), 418.108, Health & Safety Code ch. 81 subch. E and chs. 121, 122, 341, Local Gov't Code ch. 54

Citation: Governor Greg Abbott, Executive Order GA-36 (May 18, 2021) (Ex. TX-031) Open the exhibit

Ex. TX-064

Thirty-Eighth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9060

Thirty-Eighth Emergency Order Regarding the COVID-19 State of Disaster

Supreme Court of Texas, Texas (Court)

Dates: In force from May 26, 2021 to Aug. 1, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT courts (in force on the first day of 2021 Q3); PJ litigation
Grade: Primary source read
Days in this quarter: 32 (in force on the first day)

3. Subject only to constitutional limitations, all courts in Texas may in any case, civil or criminal, without a participant's consent: a. except as provided in paragraph 4, modify or suspend any and all deadlines and procedures... [for a stated period ending no later than August 1, 2021]; b.... allow or require anyone involved in any hearing, deposition, or other proceeding of any kind... to participate remotely... 5. Courts should continue to use reasonable efforts to conduct proceedings remotely.... 9. A court may conduct an in-person jury proceeding if:... d.

Enforcement: Court order

Citation: Supreme Court of Texas, Thirty-Eighth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9060 (May 26, 2021) (Ex. TX-064) Open the exhibit

Ex. TX-032

Senate Bill 968 (Act of June 16, 2021), § 161.0085 'COVID-19 Vaccine Passports Prohibited'

Relating to public health disaster and public health emergency preparedness and response; providing a civil penalty

Texas Legislature (87th Leg., R.S.), Senate Bill 968, signed by Governor Abbott, Texas (State)

Dates: In force from June 16, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: CB customer intake (no vaccination-proof condition) for every business; HK/EMP operating protocols; GS group sales and events (no vaccination-proof events)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

(c) A business in this state may not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the business. A business that fails to comply with this subsection is not eligible to receive a grant or enter into a contract payable with state funds. (d) Notwithstanding any other law, each appropriate state agency shall ensure that businesses in this state comply with Subsection (c) and may require compliance with that subsection as a condition for a license, permit, or other state authorization necessary for conducting business in this state.

Enforcement: Ineligibility for state grants and contracts; state agencies may condition licenses and permits on compliance

Citation: Texas Legislature (87th Leg., R.S.), Senate Bill 968, signed by Governor Abbott, Senate Bill 968 (Act of June 16, 2021), § 161.0085 'COVID-19 Vaccine Passports Prohibited' (Ex. TX-032) Open the exhibit

Ex. TX-034

House Bill 1239 (Act of June 16, 2021): prohibited closure of places of worship

Relating to the prohibited suspension of laws protecting religious freedom and prohibited closure of places of worship

Texas Legislature (87th Leg., R.S.), House Bill 1239, signed by Governor Abbott, Texas (State)

Dates: In force from June 16, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Events and venuesOther
Functions reached: WS worship services (protected from closure orders after June 16, 2021)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

A government agency or public official may not issue an order that closes or has the effect of closing places of worship in this state or in a geographic area of this state.

Enforcement: Civil action under Civ. Prac. & Rem. Code ch. 110

Citation: Texas Legislature (87th Leg., R.S.), House Bill 1239, signed by Governor Abbott, House Bill 1239 (Act of June 16, 2021): prohibited closure of places of worship (Ex. TX-034) Open the exhibit

Ex. TX-041

Thirty-Ninth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9078 (Texas Eviction Diversion Program)

Thirty-Ninth Emergency Order Regarding the COVID-19 State of Disaster

Supreme Court of Texas, Texas (Court)

Dates: In force from July 19, 2021 to Oct. 1, 2021
Quarters: 2021 Q3
Limitations: Courts and public offices
Functions reached: PM property management (evictions abated 60 days on request or pending assistance); SV servicing and collections; CT courts
Grade: Primary source read
Days in this quarter: 74 (in force on the last day)

5. In any action for eviction to recover possession of residential property... based, in whole or part, on the nonpayment of rent: a.... a sworn original, amended, or supplemental petition must state that the plaintiff has reviewed the information about the Texas Eviction Diversion Program...; b.... the citation must include: i. the following statement: 'If you and your landlord agree to participate in the Texas Eviction Diversion Program, you may be able to have up to 15 months of the rent you owe paid and stop your eviction...'... c. at the trial... the judge must:... iv. if the plaintiff has a pending application for rental assistance or the plaintiff and defendant both express an interest in participating in the Texas Eviction Diversion Program: (A) abate the eviction action for 60 days; (B) make all court records... confidential... 12. This Order is effective immediately and expires…

Enforcement: Mandatory pleading, citation and abatement procedures in every residential nonpayment eviction

Citation: Supreme Court of Texas, Thirty-Ninth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9078 (Texas Eviction Diversion Program) (July 19, 2021) (Ex. TX-041) Open the exhibit

Ex. TX-035

Executive Order GA-37

Relating to the transportation of migrants during the COVID-19 disaster

Governor Greg Abbott, Texas (State)

Dates: In force from July 28, 2021 to Aug. 3, 2021
Quarters: 2021 Q3
Limitations: Travel and quarantine
Functions reached: DR drivers and routes (bus, shuttle and charter operators); TV travel; FS shelter and social-service transport (nonprofits)
Grade: Primary source read
Days in this quarter: 7

1. No person, other than a federal, state, or local law-enforcement official, shall provide ground transportation to a group of migrants who have been detained by CBP for crossing the border illegally or who would have been subject to expulsion under the Title 42 order. 2. The Texas Department of Public Safety (DPS) is directed to stop any vehicle upon reasonable suspicion of a violation of paragraph 1, and to reroute such a vehicle back to its point of origin or a port of entry if a violation is confirmed. 3. DPS is authorized to impound a vehicle that is being used to transport migrants in violation of paragraph 1, or that refuses to be rerouted in violation of paragraph 2.

Enforcement: DPS vehicle stops, rerouting and impoundment

Citation: Governor Greg Abbott, Executive Order GA-37 (July 28, 2021) (Ex. TX-035) Open the exhibit

Ex. TX-036

Executive Order GA-38

Relating to the continued response to the COVID-19 disaster

Governor Greg Abbott, Texas (State)

Dates: In force from July 29, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careHealth care ordersWorkplace rulesVaccination or testingOther
Functions reached: DX testing entities (daily reporting duty, all sectors that test employees or patients); IP hospital reporting; CB vaccination-proof prohibited for publicly funded entities; SCH schools under TEA protocols (exclusion and notification rules, Ex. TX-053); VS long-term care under HHSC guidance; preemption of local MASK and CAP orders (contested in Aug. 2021, Exs. TX-044 to TX-046)
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

1.... a. All hospitals licensed under Chapter 241... shall submit to [DSHS] daily reports of hospital bed capacity... b. Every public or private entity that is utilizing an FDA-approved test, including an emergency use authorization test, for human diagnostic purposes of COVID-19, shall submit to DSHS, as well as to the local health department, daily reports of all test results, both positive and negative. 2.... a. No governmental entity can compel any individual to receive a COVID-19 vaccine administered under an emergency use authorization... c. Any public or private entity that is receiving or will receive public funds... shall not require a consumer to provide, as a condition of receiving any service or entering any place, documentation regarding the consumer's vaccination status... 3.... a. There are no COVID-19-related operating limits for any business or other establishment. b....…

Enforcement: § 418.173 fine up to $1,000 on local governmental entities and officials; suspension of Gov't Code §§ 418.1015(b), 418.108, Health & Safety Code ch. 81 subch. E and chs. 121, 122, 341, Local Gov't Code ch. 54; confinement not available

Citation: Governor Greg Abbott, Executive Order GA-38 (July 29, 2021) (Ex. TX-036) Open the exhibit

Ex. TX-040

Fortieth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9079

Fortieth Emergency Order Regarding the COVID-19 State of Disaster

Supreme Court of Texas, Texas (Court)

Dates: In force from Aug. 1, 2021 to Oct. 1, 2021 (issued July 19, 2021)
Quarters: 2021 Q3
Limitations: Courts and public offices
Functions reached: CT courts (remote proceedings, suspended deadlines, local health protocols through Sept. 1, 2021 and beyond if readopted); CL closings and litigation-dependent transactions; PJ litigation projects of law firms
Grade: Primary source read
Days in this quarter: 61 (in force on the last day)

3. Subject only to constitutional limitations, all courts in Texas may in any case, civil or criminal, without a participant's consent: a. except as provided in paragraph 4, modify or suspend any and all deadlines and procedures, whether prescribed by statute, rule, or order, for a stated period ending no later than October 1, 2021; b.... allow or require anyone involved in any hearing, deposition, or other proceeding of any kind... to participate remotely... 5. Courts may continue to use reasonable efforts to conduct proceedings remotely. In criminal cases where confinement in jail or prison is a potential punishment, remote jury proceedings must not be conducted without appropriate waivers and consent... 8. This Order is effective August 1, 2021, and expires October 1, 2021... 10. All previously adopted local plans and minimum standard health protocols will expire on September 1, 2021…

Enforcement: Court order binding all Texas courts

Citation: Supreme Court of Texas, Fortieth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9079 (July 19, 2021) (Ex. TX-040) Open the exhibit

Ex. TX-044

Stay order, In re Greg Abbott, No. 21-0686 (Tex. Aug. 15, 2021) (Dallas County mask order)

Order granting emergency motion for temporary relief and staying the Dallas County temporary restraining order of August 10, 2021

Supreme Court of Texas, Texas (Court)

Dates: In force from Aug. 15, 2021 to Aug. 19, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementCourts and public offices
Functions reached: MASK preemption history for the DFW metro orders of Aug. 11, 2021
Grade: Primary source read
Days in this quarter: 5

1. Relator's emergency motion for temporary relief, filed August 13, 2021, is granted. The Temporary Restraining Order, dated August 10, 2021, in Cause No. DC-21-10101, styled Clay Jenkins, in his Official Capacity v. Greg Abbott... is stayed pending further order of this Court, except to the extent that it sets a hearing on plaintiffs' request for a temporary injunction.

Enforcement: Stay of the trial court's TRO that had enjoined GA-38's mask provision as applied to Dallas County

Citation: Supreme Court of Texas, Stay order, In re Greg Abbott, No. 21-0686 (Tex. Aug. 15, 2021) (Dallas County mask order) (Ex. TX-044) Open the exhibit

Ex. TX-045

Stay order, In re Greg Abbott, No. 21-0687 (Tex. Aug. 15, 2021) (City of San Antonio and Bexar County mask order)

Order granting emergency motion for temporary relief and staying the Bexar County temporary restraining order of August 10, 2021

Supreme Court of Texas, Texas (Court)

Dates: In force from Aug. 15, 2021 to Aug. 15, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementCourts and public offices
Functions reached: MASK preemption history for the SAT metro orders
Grade: Primary source read
Days in this quarter: 1

1. Relator's emergency motion for temporary relief, filed August 13, 2021, is granted. The order on Plaintiffs' Verified Original Petition and Application for Temporary Restraining Order... dated August 10, 2021, in Cause No. 2021CI16133, styled City of San Antonio and Bexar County v. Greg Abbott... is stayed pending further order of this Court, except to the extent that it sets a hearing on plaintiffs' request for a temporary injunction.

Enforcement: Stay

Citation: Supreme Court of Texas, Stay order, In re Greg Abbott, No. 21-0687 (Tex. Aug. 15, 2021) (City of San Antonio and Bexar County mask order) (Ex. TX-045) Open the exhibit

Ex. TX-037

Executive Order GA-39

Relating to prohibiting vaccine mandates and vaccine passports subject to legislative action

Governor Greg Abbott, Texas (State)

Dates: In force from Aug. 25, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Vaccination or testing
Functions reached: CB customer intake (publicly funded entities); HR (no governmental compulsion)
Grade: Primary source read
Days in this quarter: 37 (in force on the last day)

1. No governmental entity can compel any individual to receive a COVID-19 vaccine.... 2. State agencies and political subdivisions shall not adopt or enforce any order, ordinance, policy, regulation, rule, or similar measure that requires an individual to provide, as a condition of receiving any service or entering any place, documentation regarding the individual's vaccination status for any COVID-19 vaccine.... 3. Any public or private entity that is receiving or will receive public funds... shall not require a consumer to provide, as a condition of receiving any service or entering any place, documentation regarding the consumer's vaccination status for any COVID-19 vaccine.... This executive order supersedes only paragraph No. 2 of Executive Order GA-38.

Enforcement: Preemption; suspension of statutes

Citation: Governor Greg Abbott, Executive Order GA-39 (Aug. 25, 2021) (Ex. TX-037) Open the exhibit

Ex. TX-046

Stay order, In re Greg Abbott, No. 21-0720 (Tex. Aug. 26, 2021) (Fourth Court of Appeals' order maintaining the Bexar County temporary injunction)

Order granting emergency motion for temporary relief and staying the Fourth Court of Appeals' Rule 29.3 order of August 19, 2021

Supreme Court of Texas, Texas (Court)

Dates: In force from Aug. 26, 2021 to Aug. 26, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementCourts and public offices
Functions reached: MASK preemption history, 2021 Q3
Grade: Primary source read
Days in this quarter: 1

2.... This case, and others like it, are not about whether people should wear masks or whether the government should make them do it. Rather, these cases ask courts to determine which government officials have the legal authority to decide what the government's position on such questions will be. The status quo, for many months, has been gubernatorial oversight of such decisions at both the state and local levels. That status quo should remain in place while the court of appeals, and potentially this Court, examine the parties' merits arguments.

Enforcement: Stay

Citation: Supreme Court of Texas, Stay order, In re Greg Abbott, No. 21-0720 (Tex. Aug. 26, 2021) (Fourth Court of Appeals' order maintaining the Bexar County temporary injunction) (Ex. TX-046) Open the exhibit

Ex. TX-038

Proclamation renewing the COVID-19 disaster declaration

A proclamation renewing the declaration stating the novel coronavirus (COVID-19) poses an imminent threat of disaster for all counties in Texas

Governor Greg Abbott, Texas (State)

Dates: In force from Aug. 29, 2021 to Sept. 27, 2021
Quarters: 2021 Q3
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 30

WHEREAS, a state of disaster continues to exist in all counties due to COVID-19; NOW, THEREFORE, in accordance with the authority vested in me by Section 418.014 of the Texas Government Code, I do hereby renew the disaster proclamation for all counties in Texas.

Enforcement: Predicate for GA-38 and GA-39

Citation: Governor Greg Abbott, Proclamation renewing the COVID-19 disaster declaration (Aug. 29, 2021) (Ex. TX-038) Open the exhibit

Ex. TX-053

Public Health Guidance, 2021-22 school year (version of September 2, 2021; earlier versions Aug. 5 and Aug. 19, 2021)

Public Health Guidance (September 2, 2021)

Texas Education Agency (TEA), Texas (Sector regulator)

Dates: In force from Sept. 2, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careQuarantine and isolation
Functions reached: IN in-person instruction under mandatory exclusion and notification rules; WF workforce of every employer (children excluded when positive or, at district option, when household close contacts; staff excluded); RL remote conferencing during exclusion; AC
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

The guidance in this document is authorized by Executive Order GA-38, which has the effect of state law under Section 418.012 of the Texas Government Code.... Masks: Please note, mask provisions of GA-38 are not being enforced as the result of ongoing litigation. Further guidance will be made available after the court issues are resolved.... Students Who Have COVID-19: As provided in this Department of State Health Services (DSHS) Rule, school systems must exclude students from attending school in person who are actively sick with COVID-19, who are suspected of being actively sick with COVID-19, or who have received a positive test result for COVID-19, and must immediately notify parents if this is determined while on campus.... For individuals who are determined to be close contacts, a 14-day stay-at-home period was previously advised... the stay-at-home period can end for students…

Enforcement: DSHS rule 25 TAC § 97.7 (mandatory exclusion); GA-38; local health department notification requirements

Citation: Texas Education Agency (TEA), Public Health Guidance, 2021-22 school year (version of September 2, 2021; earlier versions Aug. 5 and Aug. 19, 2021) (Sept. 2, 2021) (Ex. TX-053) Open the exhibit

Agencies, boards and authorities: Texas

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-066

TDCJ Visitation Alert of Mar. 13, 2020

Visitation temporarily suspended at all TDCJ facilities statewide until further notice, 'in accordance with Governor Abbott's declaration'

Texas Department of Criminal Justice (Executive Director Bryan Collier), Texas Department of Criminal Justice; State level (State)

Dates: In force from Mar. 13, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering cap
Functions reached: VS visitors to the largest State prison system in the United States (about 120,000 inmates); VL volunteer programs (suspended in the same period); CB
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

March 13, 2020 In accordance with Governor Abbott's declaration, effective March 13, 2020, the TDCJ will be temporarily suspending visitation at all our facilities (statewide) until further notice. While we understand the value and significance of the visitation process at our facilities, we also understand the importance of providing and maintaining a safe and healthy environment for all involved.

Enforcement: Executive Director's authority (Tex. Gov't Code § 493.006); visitation is a privilege under the Offender Visitation Plan

Citation: Texas Department of Criminal Justice (Executive Director Bryan Collier), TDCJ Visitation Alert of Mar. 13, 2020 (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-066) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-083

Industry Notice 2020-03 (with the Commissioner's Proclamation of March 16, 2020 authorizing emergency closings)

Texas Department of Banking Provides Support and Guidance for Coronavirus Disease 2019 (COVID-19)

Charles G. Cooper, Banking Commissioner, Texas; Texas Department of Banking (State banking regulator) (Sector regulator)

Dates: In force from Mar. 16, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureWorkplace rulesOther
Functions reached: BR branches and offices (closure of 'all or part of your offices' authorized by proclamation); OP examinations moved offsite; WF staffing; CB customer support and accommodations
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The purpose of this notice is to provide additional guidance to our institutions regarding customer support, pandemic preparedness including tips on emergency closures, and future examinations... Today, I issued a Proclamation allowing banks to close facilities as needed in response to this public health issue. I only ask that you keep us informed as you close all or part of your offices. Examination Activity: Our goal is to complete examinations that are in process. We plan to do these activities offsite.

Enforcement: Tex. Fin. Code ch. 37 (emergency closings), § 37.002(d) (notice), ch. 35 (enforcement)

Citation: Charles G. Cooper, Banking Commissioner, Industry Notice 2020-03 (with the Commissioner's Proclamation of March 16, 2020 authorizing emergency closings) (Mar. 16, 2020) (Ex. AGY-ST-INSURANCE-BANKING-083) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-067

TDCJ Connections, 'Visitation to resume in August' (July 2021)

Visitation to resume in August 2021: contact visits only for vaccinated and eligible inmates, two hours, two adults and two children, two visits per month, all pre-scheduled; non-contact visits one hour

Texas Department of Criminal Justice, Texas Department of Criminal Justice; State level (State)

Dates: In force from July 1, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Gathering capVaccination or testing
Functions reached: VS visitors (capped, scheduled, vaccination-conditioned); VAX
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Contact visitation is available for all inmates who have received the COVID vaccination, and are eligible. These visits will be two-hours in length and may consist of 2 adult and 2 child visitors at a time.... Each inmate is allowed two visits total per month contact or non-contact and those visits MAY be on back-to-back days. Each non-contact visit is one hour in length. All visits must be pre-scheduled.

Enforcement: Conditions of visitation under the Offender Visitation Plan

Citation: Texas Department of Criminal Justice, TDCJ Connections, 'Visitation to resume in August' (July 2021) (July 1, 2021) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-067) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-049

Tex. Gov't Code ch. 406, subch. C (Online Notary Public), added by H.B. 1217 (2017)

Texas Government Code, Chapter 406, Subchapter C, Online Notary Public

Texas Legislature (Acts 2017, 85th Leg., R.S., ch. 340 (H.B. 1217), sec. 3), Texas (Legislature) - permanent statute, context (State)

Dates: In force from July 1, 2018 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: CL closings (context); OF; FI
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Sec. 406.101. DEFINITIONS. In this subchapter:... (9) 'Online notarization' means a notarial act performed by [an online notary public using] two-way video and audio conference technology... Added by Acts 2017, 85th Leg., R.S., Ch. 340 (H.B. 1217), Sec. 3, eff. July 1, 2018.

Enforcement: Statute; Secretary of State commissioning and rules (1 Tex. Admin. Code ch. 87)

Citation: Texas Legislature (Acts 2017, 85th Leg., R.S., ch. 340 (H.B. 1217), sec. 3), Tex. Gov't Code ch. 406, subch. C (Online Notary Public), added by H.B. 1217 (2017) (July 1, 2018) (Ex. AGY-ST-DMV-SOS-RECORDERS-049) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-043

Joint Statement on Reports of Price-Gouging of Medical Supplies in Texas

Warning that price gouging of medical supplies will be prosecuted; the Governor 'has the power to declare Chapter 418,' which 'will give the Texas Attorney General broader powers to prosecute these cases'

Governor Greg Abbott and Attorney General Ken Paxton, Texas (Governor and Attorney General); State level (State)

Dates: In force from Mar. 6, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chainOther
Functions reached: SF retail pricing of medical supplies and PPE; SC
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Should there be extensive reports of price-gouging, Governor Abbott has the power to declare Chapter 418 of the Texas Government Code, which will give the Texas Attorney General broader powers to prosecute these cases. 'Price-gouging is un-Texan and will not be tolerated in our state,' read the joint statement. 'The state of Texas will work to ensure that anyone who engages in this act is held to account. As we work to address the coronavirus, it is essential that the public has access to health and wellness supplies that can help mitigate any potential spread.'

Enforcement: Tex. Bus. & Com. Code §§ 17.46(b)(27), 17.47 (Attorney General civil penalties up to $10,000 per violation, $250,000 where the victim is elderly)

Citation: Governor Greg Abbott and Attorney General Ken Paxton, Joint Statement on Reports of Price-Gouging of Medical Supplies in Texas (Mar. 6, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-043) Open the exhibit

Ex. AGY-ST-HEALTH-BOARDS-018

TSBP notification: Emergency Dispensing of Prescription Medications (COVID-19 disaster)

Emergency Dispensing of Prescription Medications: 30-day emergency refills without prescriber authorization during the Governor's declared disaster

Texas State Board of Pharmacy, Texas State Board of Pharmacy; State level (Sector regulator)

Dates: In force from Mar. 21, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: PR dispensing (emergency-refill authority triggered by the disaster declaration); CB patients; SC inventory
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

In most cases, pharmacists may not dispense more than a 72-hour supply of medication. However, in the event of a natural or manmade disaster, the Texas Pharmacy Act (Sec. 562.054) and board rule 291.34 allow a pharmacist to dispense up to a 30-day supply of a prescription drug, other than a Schedule II controlled substance, without the authorization of the prescribing practitioner if: failure to refill the prescription might result in an interruption of a therapeutic regimen or create patient suffering;... the natural or manmade disaster prohibits the pharmacist from being able to contact the practitioner;... the governor has declared a state of disaster under Chapter 418, Government Code.

Enforcement: Tex. Occ. Code §§ 565.001-.002 (conditions of the emergency-dispensing authority)

Citation: Texas State Board of Pharmacy, TSBP notification: Emergency Dispensing of Prescription Medications (COVID-19 disaster) (Mar. 21, 2020) (Ex. AGY-ST-HEALTH-BOARDS-018) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-014

Commissioner's Bulletin # B-0007-20

COVID-19: Claim-handling deadlines and premium payments

Commissioner of Insurance Kent Sullivan, Texas; Texas Department of Insurance (Sector regulator)

Dates: In force from Mar. 23, 2020 to Sept. 20, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: IN insurers (claims handling, billing, cancellation); CB policyholders (grace periods) and health care providers awaiting prompt payment; OP
Grade: Primary source read
Days in this quarter: 82 (in force on the first day)

On March 20, 2020, Governor Greg Abbott suspended certain claim-handling deadlines imposed by law. Additionally, the Commissioner of Insurance has determined that the COVID-19 pandemic is a disaster under Texas Insurance Code Section 542.059(b)... Taken together, the Governor's suspension and the Commissioner's declaration have the effect of extending claim-handling deadlines imposed by the state's prompt payment laws for an additional 15 days to help carriers respond to the COVID-19 outbreak. This extension will be in effect until the Governor's suspension and Commissioner's declaration are lifted... TDI expects all carriers to work with policyholders who may experience financial hardships due to the COVID-19 outbreak. TDI encourages carriers to use grace periods for payments, temporary suspension of premium payments, payment plans, and other actions to allow continuing insurance…

Enforcement: Tex. Ins. Code ch. 542 (prompt payment), chs. 82, 84

Citation: Commissioner of Insurance Kent Sullivan, Commissioner's Bulletin # B-0007-20 (Mar. 23, 2020) (Ex. AGY-ST-INSURANCE-BANKING-014) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-017

Commissioner's Bulletin # B-0012-20

Coronavirus (COVID-19) - Suspension of Certain Provisions of the Labor Code and DWC Rules Related to Workers' Compensation

Cassie Brown, Commissioner of Workers' Compensation, Texas; Texas Department of Insurance, Division of Workers' Compensation (Sector regulator)

Dates: In force from Mar. 27, 2020 to Aug. 2, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: IN workers' compensation carriers (supplemental income benefits administration); WF injured workers relieved of work-search requirements because employers were not hiring; HR designated-doctor recertification
Grade: Primary source read
Days in this quarter: 33 (in force on the first day)

Governor Abbott approved DWC's request to suspend the following requirements: work search compliance standards for supplemental income benefits under Labor Code Section 408.1415(a) and 28 Texas Administrative Code Section 130.102(d); testing, training, and application requirements for designated doctor and maximum medical improvement and impairment rating recertification under 28 TAC Sections 127.110(b)(1) and (3), 127.110(d), and 180.23; and required medical exams under 28 TAC Section 126.6(a).

Enforcement: Tex. Labor Code ch. 415

Citation: Cassie Brown, Commissioner of Workers' Compensation, Commissioner's Bulletin # B-0012-20 (Mar. 27, 2020) (Ex. AGY-ST-INSURANCE-BANKING-017) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-018

Commissioner's Bulletin # B-0015-20

COVID-19: Claim-submission deadlines

Commissioner of Insurance, Texas; Texas Department of Insurance (Sector regulator)

Dates: In force from Mar. 27, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: IN health insurers (claims intake); FD/OF billing and claims functions of every Texas health care provider (industries 01-04): the regulator treated the pandemic as a 'catastrophic event' interrupting claim submission
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Texas Insurance Code Sections 843.337(b) and 1301.102(d) and TDI rule 28 TAC Section 21.2819 authorize tolling of the submission deadline when a provider cannot meet the deadline due to a catastrophic event, such as the COVID-19 pandemic. Providers that cannot meet the claim submission deadline due to the COVID-19 pandemic must notify TDI at [email protected]... When the provider returns to normal business operations, it must: Send TDI a certification of the catastrophic event within 10 days after the date business operations return to normal. The certification must be a sworn affidavit, must identify the specific nature and dates of the catastrophic event, and must state the length of time the event caused an interruption in the provider's submission of claims.

Enforcement: Tex. Ins. Code ch. 843, 1301 (prompt payment); forfeiture of payment for providers who fail to certify

Citation: Commissioner of Insurance, Commissioner's Bulletin # B-0015-20 (Mar. 27, 2020) (Ex. AGY-ST-INSURANCE-BANKING-018) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-044

Governor's suspension of statutes to allow appearance before a notary public via videoconference (announced April 8, 2020)

Governor Abbott Temporarily Suspends Certain Statutes To Allow For Appearance Before Notary Public Via Videoconference

Governor Greg Abbott (Office of the Texas Governor release announcing the suspension), Texas (Governor) (State)

Dates: In force from Apr. 8, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: CL estate-planning and fiduciary documents executed remotely (law firms, banks, hospitals); OF; CB
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Governor Greg Abbott today suspended certain statutes concerning appearance before a notary public to execute a self-proved will, a durable power of attorney, a medical power of attorney, a directive to physician, or an oath of an executor, administrator, or guardian. These suspensions temporarily allow for appearance before a notary public via videoconference when executing such documents... A notary public shall verify the identity of a person signing a document at the time the signature is taken by using two-way video and audio conference technology.... This suspension will remain in effect until terminated by the Office of the Governor or until the March 13, 2020 disaster declaration is lifted or expires.

Enforcement: Tex. Gov't Code sec. 418.016 suspension (force of law); documents executed under the suspension 'will remain valid after the termination of this suspension'

Citation: Governor Greg Abbott (Office of the Texas Governor release announcing the suspension), Governor's suspension of statutes to allow appearance before a notary public via videoconference (announced April 8, 2020) (Apr. 8, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-044) Open the exhibit

Ex. AGY-ST-COURTS-045

Commissioner's Bulletin # B-0019-20, Coronavirus (COVID-19) - Suspension of a provision of Health and Safety Code and a DWC rule related to workers' compensation

Bulletin implementing the Governor's suspension of the 10-day exposure-testing requirement for emergency responders' workers' compensation coverage

Cassie Brown, Commissioner of Workers' Compensation, Texas Department of Insurance, Division of Workers' Compensation, Texas Department of Insurance, Division of Workers' Compensation (statewide) (Court)

Dates: In force from Apr. 10, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: SV claims servicing (carriers' coverage determinations); HC health care (exposure testing); CT courts and agencies
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Governor Abbott suspended Health and Safety Code Section 81.050(j) and 28 Texas Administrative Code Section 122.3(c) regarding 10-day testing requirements. As symptoms of COVID-19 exposure may take over 10 days to manifest, strict compliance with these laws could prevent, hinder, or delay state efforts to provide workers' compensation coverage for emergency responders. This bulletin is in effect for the duration of the governor's COVID-19 declaration, or until further notice from DWC.

Enforcement: Commissioner's bulletin under the Governor's § 418.016 suspension

Citation: Cassie Brown, Commissioner of Workers' Compensation, Texas Department of Insurance, Division of Workers' Compensation, Commissioner's Bulletin # B-0019-20, Coronavirus (COVID-19) - Suspension of a provision of Health and Safety Code and a DWC rule related to workers' compensation (Apr. 10, 2020) (Ex. AGY-ST-COURTS-045) Open the exhibit

Ex. AGY-ST-TRADE-BOARDS-066

Emergency Rule, 26 Tex. Admin. Code § 745.10003, Emergency Rule with Ongoing Requirements for Certain Day Care Operations in Response to COVID-19 (HHSC-20-0047)

Emergency Rule with Ongoing Requirements for Certain Day Care Operations in Response to COVID-19 (26 TAC § 745.10003)

Texas HHSC, Executive Commissioner (on the request of the Associate Commissioner for Child Care Regulation, June 25, 2020), Texas; Health and Human Services Commission, Child Care Regulation (Sector regulator)

Dates: In force from June 25, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Schools and child careWorkplace rulesQuarantine and isolationOther
Functions reached: EC child-care operations: screening, exclusion, outdoor drop-off, caregiver training, CDC compliance as license conditions; WF workforce availability for every Texas employer whose employees use licensed care; HR caregiver training
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

§ 745.10003. Emergency Rule with Ongoing Requirements for Certain Day Care Operations [in Response to COVID-19]... (b) An operation must comply with the current CDC Guidance for Child Care [Programs]... (1) Must ensure that all caregivers take the Special Considerations for Infection [Control training]... (d) An operation must screen all persons and children according to CDC guidance... (1) Must limit the direct contact between parents and caregivers to the extent [possible]; (2) Must complete the pick-up and drop-off of children outside of the operation

Enforcement: Tex. Hum. Res. Code §§ 42.072, 42.078 (license suspension, revocation, administrative penalties)

Citation: Texas HHSC, Executive Commissioner (on the request of the Associate Commissioner for Child Care Regulation, June 25, 2020), Emergency Rule, 26 Tex. Admin. Code § 745.10003, Emergency Rule with Ongoing Requirements for Certain Day Care Operations in Response to COVID-19 (HHSC-20-0047) (June 25, 2020) (Ex. AGY-ST-TRADE-BOARDS-066) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-021

Commissioner's Bulletin # B-0018-21

Coronavirus (COVID-19) - Resuming Texas Labor Code provisions and DWC rules related to work search compliance standards for supplemental income benefits and certain designated doctor examinations and required medical examinations

Cassie Brown, Commissioner of Workers' Compensation, Texas; Texas Department of Insurance, Division of Workers' Compensation (Sector regulator)

Dates: In force from Aug. 2, 2021 to Aug. 2, 2021 (issued July 2, 2021)
Quarters: 2021 Q3
Limitations: Other
Functions reached: IN workers' compensation carriers; WF injured workers (work-search suspension ended Aug. 2, 2021)
Grade: Primary source read
Days in this quarter: 1

DWC has determined that suspending work search requirements is no longer necessary as a response to COVID-19. For each full week of the qualifying period on or after Monday, August 2, 2021, injured employees must meet at least one of the work search requirements to be able to get SIBs... On Monday, August 2, 2021, DWC will resume processing requests for DD examinations and RMEs for all issues, including return to work or disability as a direct result of the compensable injury.

Enforcement: Tex. Labor Code ch. 415

Citation: Cassie Brown, Commissioner of Workers' Compensation, Commissioner's Bulletin # B-0018-21 (July 2, 2021) (Ex. AGY-ST-INSURANCE-BANKING-021) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-047

Message to the HISD community proposing a mask mandate for students, staff and visitors (Aug. 5, 2021)

Mask mandate for students, staff and visitors at all schools, buses and facilities, regardless of vaccination status, effective upon Board approval August 12, 2021

Superintendent Millard House II (proposal to the Board of Education, adopted Aug. 12, 2021), Houston Independent School District, Texas (City)

Dates: In force from Aug. 12, 2021 to Sept. 30, 2021 (issued Aug. 5, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN; EMP staff and visitor rules; WF; SC vendors and contractors on campus
Grade: Primary source read
Days in this quarter: 50 (in force on the last day)

As a result, during tonight's agenda review meeting, I announced that I will propose a mask mandate for students, staff, and visitors at all schools, buses, and facilities to be voted on next week by the Board of Education. The mask mandate will become effective upon Board approval during next Thursday's board meeting, August 12. The mask mandate applies to everyone regardless of whether or not they are vaccinated.

Enforcement: Board-approved mandate; exclusion from campuses

Citation: Superintendent Millard House II (proposal to the Board of Education, adopted Aug. 12, 2021), Message to the HISD community proposing a mask mandate for students, staff and visitors (Aug. 5, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-047) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-049

Message to the HISD community on the mask mandate and the Travis County injunction (Sept. 27, 2021)

Mask mandate continues under a temporary injunction authorizing the District to keep requiring masks at all campuses, facilities and buses

Superintendent Millard House II, Houston Independent School District, Texas (City)

Dates: In force from Sept. 27, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN; EMP; WF; SC
Grade: Primary source read
Days in this quarter: 4 (in force on the last day)

The Houston Independent School District is very pleased that Travis County Judge Catherine Mauzy has issued a temporary injunction that authorizes the District to continue implementing its decision to temporarily require masks for students, staff and visitors at all District campuses, facilities, and buses.

Enforcement: District mandate; court injunction against State enforcement of GA-38

Citation: Superintendent Millard House II, Message to the HISD community on the mask mandate and the Travis County injunction (Sept. 27, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-049) Open the exhibit

End of general restrictions, State of Texas: Executive Order GA-34 (issued March 2, 2021) (Ex. TX-029) (2021-03-10). What remained: The statewide disaster declaration (renewed monthly through and beyond Sept. 30, 2021); GA-10's daily hospital and test-result reporting (restated in GA-38 ¶ 1); GA-34 ¶ 2's authorization for county judges in high-hospitalization Trauma Service Areas to impose mitigation of not less than 50 percent occupancy (removed by GA-38 on July 29, 2021); TEA's school protocols including masking until June 4, 2021 (GA-36) and, from August 2021, exclusion and notification rules under GA-38; HHSC long-term care visitation and infection-control guidance (GA-34 ¶ 5, GA-38 ¶ 3.d); TSBDE Emergency Rule 108.7 (to June 18, 2021); the Governor's vehicle title and registration waiver (to April 14, 2021); the Supreme Court of Texas emergency orders (remote proceedings, jury plans, eviction diversion) through 2021 and into 2022; the vaccination-proof prohibitions of GA-35 (April 5, 2021), SB 968 (June 16, 2021), GA-38 ¶ 2 and GA-39 (Aug. 25, 2021); GA-37's transportation restriction (July 28, 2021, until enjoined).

Preemption of local orders, State of Texas: From GA-14 (effective April 2, 2020) every general order provided that it 'shall supersede any conflicting order issued by local officials in response to the COVID-19 disaster, but only to the extent that such a local order restricts essential services allowed by this executive order or allows gatherings prohibited by this executive order,' and suspended Gov't Code §§ 418.1015(b) and 418.108 and Health & Safety Code ch. 81, subch. E to that extent; GA-18 (April 27, 2020) extended preemption to local orders that 'expand the list of essential services or the list or scope of reopened services'; GA-18, GA-21, GA-23, GA-26 and GA-28 provided that 'no jurisdiction can impose a civil or criminal penalty for failure to wear a face covering' (local governments responded in June 2020 with orders requiring businesses to adopt mask policies, which the Governor accepted and then ratified by GA-29's deletion of the no-penalty clause on July 2, 2020); GA-22 (May 7, 2020) eliminated confinement as a penalty under any State or local COVID-19 order, retroactive to April 2, 2020; GA-26, GA-28, GA-30 and GA-32 let mayors and county judges approve or restrict outdoor gatherings (over 500, then over 100, then over 10); GA-32's preemption clause was enforced against El Paso County's business-closure and curfew order of October 29, 2020 by the Eighth Court of Appeals on November 13, 2020 (Ex. TX-047); GA-34 (March 10, 2021) barred any jurisdiction from requiring or mandating face coverings and limited county judges to mitigation of not less than 50 percent occupancy in high-hospitalization areas; GA-36 (May 18, 2021) prohibited every governmental entity and official, including school districts and public health authorities, from requiring face coverings, subject to a fine of up to $1,000 from May 21, 2021 (schools from June 4, 2021); GA-38 (July 29, 2021) consolidated the prohibitions and superseded all conflicting local orders; when Dallas, Bexar, Harris and other counties and dozens of school districts imposed mask mandates on August 10-11, 2021, the Supreme Court of Texas stayed the trial-court orders enjoining GA-38 on August 15, 2021 (Exs. TX-044, TX-045) and the Fourth Court of Appeals' order on August 26, 2021 (Ex. TX-046), while TEA announced on August 19, 2021 that GA-38's mask provisions were 'not being enforced as the result of ongoing litigation' (Ex. TX-053), so school-district mandates operated in fact for the rest of 2021 Q3. Local instruments for the Dallas-Fort Worth, Houston, San Antonio and Austin metropolitan areas belong to the DFW, HOU, SAT and AUS metro files; El Paso is covered here through Ex. TX-047.

Third quarter of 2021: the instruments in force, State of Texas

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):

TX-001/TX-038 disaster declaration (renewed Aug. 29, 2021; chain recited in GA-38)
TX-029 GA-34 (July 1-28, 2021) as modified by TX-031 GA-36
TX-036 GA-38 (from July 29, 2021): daily hospital and test-result reporting by every testing entity; no governmental mask or vaccination mandates; no vaccination-proof conditions by publicly funded entities; long-term care under HHSC guidance; schools under TEA protocols; $1,000 fines on local officials imposing limits
TX-037 GA-39 (from Aug. 25, 2021)
TX-030 GA-35 (to July 29, then restated in GA-38 ¶ 2)
TX-005 GA-10 reporting (restated in GA-38 ¶ 1)
TX-032 SB 968, Health & Safety Code § 161.0085 (businesses may not require customers' vaccination documentation)
TX-034 HB 1239 (no order may close places of worship)
TX-033 HB 1024 (alcohol to-go permanent)
TX-064 Supreme Court Thirty-Eighth Emergency Order (July 1-31)
TX-040 Fortieth Emergency Order (Aug. 1 - Oct. 1; local court health protocols expire Sept. 1 unless readopted)
TX-041 Thirty-Ninth Emergency Order (Eviction Diversion Program procedures, to Oct. 1) and the Forty-Second (Aug. 2021, not saved)
TX-053 TEA Public Health Guidance (Aug. 5, Aug. 19, Sept. 2, 2021): mandatory exclusion of positive students and staff under DSHS 25 TAC § 97.7; parental and health-department notification; 10-14 day stay-home for close contacts; mask provisions of GA-38 not enforced
TX-044/TX-045/TX-046 Supreme Court stays of Aug. 15 and 26, 2021 in the local mask-order litigation (school-district and county mask mandates of Aug. 10-11, 2021 operated in fact pending litigation; the local orders are in the DFW, HOU, SAT and AUS metro files)
TX-002 Open Meetings Act suspension (to Sept. 1, 2021)

5. Standing duties in Texas

Texas bound every employer through four standing layers of law that predated March 2020 and ran through every claimable quarter, and the Governor's orders, the Commissioner's declaration and the 2021 liability shield each operated inside them. First, the Communicable Disease Prevention and Control Act, Health and Safety Code chapter 81. Section 81.002 states the duty in eleven words: 'Each person shall act responsibly to prevent and control communicable disease' (Ex. DUT-TX-001). Section 81.081 commands the Department of State Health Services to 'impose control measures to prevent the spread of disease'; section 81.082 gives every local health authority 'supervisory authority and control over the administration of communicable disease control measures' in its jurisdiction and lists the measures, including restriction, disinfection, decontamination, isolation and quarantine, which 'may be imposed on an individual, animal, place, or object' (Ex. DUT-TX-002); section 81.083 lets the department or a health authority order individuals and groups of five or more to 'implement control measures that are reasonable and necessary' (Ex. DUT-TX-003); section 81.084 lets it order 'a person who owns or controls property' to disinfect, decontaminate or 'securely seal off' the premises, at the owner's expense, with injunctive relief on refusal (Ex. DUT-TX-004); section 81.085 authorizes area quarantine with 'additional disease control measures' and makes knowing refusal to obey a published order a third-degree felony (Ex. DUT-TX-005); section 81.087 makes knowing refusal to perform or allow control measures a Class B misdemeanor (Ex. DUT-TX-006). Chapter 121 makes the local health authority 'a state officer' who 'shall perform each duty that is necessary to implement and enforce a law to protect the public health,' including 'establishing, maintaining, and enforcing quarantine' (Ex. DUT-TX-007). On March 19, 2020 Commissioner Hellerstedt declared a public health disaster under chapter 81, and the Department's release states that the declaration 'cites the requirement under Section 81.002 of the Texas Health and Safety Code that "each person shall act responsibly to prevent and control communicable disease"' and that, to do so, 'People, businesses and communities should immediately undertake hygiene, cleanliness and sanitation practices' (Exs. DUT-TX-008, DUT-TX-009). Second, the Texas Disaster Act, Government Code chapter 418. Section 418.012 provides that the Governor's executive orders 'have the force and effect of law' (Ex. DUT-TX-010); sections 418.018(c) and 418.108(g) give the Governor, county judges and mayors control over 'the movement of persons and the occupancy of premises' in a disaster area (Ex. DUT-TX-011); section 418.173 makes failure to comply with an order adopted under the emergency management plan an offense punishable by a fine of up to $1,000 and confinement of up to 180 days (Ex. DUT-TX-012), a penalty every general order recited (Exs. TX-008, TX-021, TX-022, TX-036). Third, the workplace duty. Labor Code section 411.103 commands that 'each employer shall' provide 'a place of employment that is reasonably safe and healthful,' use 'methods of sanitation and hygiene' reasonably necessary to protect employees and 'take all other actions reasonably necessary to make the employment and place of employment safe' (Ex. DUT-TX-013); Texas has no State OSHA plan for private employers, so the federal general duty clause, 29 U.S.C. 654(a)(1) (Ex. DUT-AL-009), and OSHA's COVID-19 guidance (Exs. FED-088, FED-089) supplied the federal layer of the same duty, and the Texas Medical Board and State Board of Dental Examiners wrote COVID-19 minimum standards into their practice rules (Exs. AGY-ST-HEALTH-BOARDS-046, TX-054, TX-055). Fourth, the liability shield. Senate Bill 6, the Pandemic Liability Protection Act, effective June 14, 2021 and applicable to every action commenced on or after March 13, 2020 (Ex. DUT-TX-014), protects a business from exposure liability unless it 'knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols intended to lower the likelihood of exposure to the disease that were applicable to the person or the person's business' (Civ. Prac. & Rem. Code § 148.003(a)(1)(B), Ex. DUT-TX-015): the Legislature made compliance with the governmental protocols the standard of care for the whole claim period. The sanitary code supplied the enforcement vehicle for premises open to the public: a food establishment 'not constantly maintained in a sanitary condition' and any 'object, place, or condition that is a possible and probable medium of disease transmission to or between humans' is a public health nuisance (Ex. DUT-TX-016), each day of violation a separate offense (Ex. DUT-TX-017), and the Department 'shall suspend the license' of, or 'order the immediate closing' of, a food establishment whose violation 'creates an immediate threat to the health and safety of the public' (Ex. DUT-TX-018). The operating conditions of the orders themselves are recorded exactly: occupancy limits, closures, the group cap and the face-covering rule were 'shall' commands (Exs. TX-011, TX-021, TX-022, TX-023, TX-025); the DSHS minimum standard health protocols were incorporated with 'should follow' and 'should use good-faith efforts' from April 27, 2020 to March 9, 2021 (Exs. TX-011, TX-014, TX-016, TX-019, TX-021, TX-023, TX-025) and with 'strongly encouraged' from March 10, 2021 (Exs. TX-029, TX-036); the protocols describe themselves as 'the minimum recommended health protocols for all businesses choosing to operate in Texas' (Exs. TX-043, DUT-TX-020). Those recommendations became compulsory through the three instruments that incorporated them: section 411.103's duty to take 'all other actions reasonably necessary,' the general duty clause, and section 148.003's condition. The Eighth Court of Appeals held that GA-32's 'declarations regarding occupancy, the size of group meetings, activities that person may engage in, and the conduct of business' 'become state law' (Ex. TX-047 at 12), and the Fifth Circuit held that 'when faced with a society-threatening epidemic, a state may implement emergency measures that curtail constitutional rights' (Ex. DUT-TX-021 at 13). Nothing an employer did to comply with these layers was voluntary within Notice 2021-20 Q&A-14.

The phase question

Whether the measures Texas employers took beyond the words of the emergency orders were 'voluntary' within Notice 2021-20 Q&A-14, or were compelled by standing legal duties that bound employers independent of, and in addition to, the orders already in the Orders Library.

The State's standing duties

Ex. DUT-TX-001

Tex. Health & Safety Code § 81.002

Responsibility of State and Public

Texas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: statutory duty
Grade: Primary source read

The state has a duty to protect the public health. Each person shall act responsibly to prevent and control communicable disease.

Enforcement: No penalty in the section itself; the duty is enforced through the control-measure orders and offenses of §§ 81.083 to 81.087 (Exs. DUT-TX-003 to DUT-TX-006), the area-quarantine felony of § 81.085(h) (Ex. DUT-TX-005) and the public-health-nuisance offenses of ch. 341 (Ex. DUT-TX-017).

Citation: Texas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act), Tex. Health & Safety Code § 81.002 (standing) (Ex. DUT-TX-001) Open the exhibit

Ex. DUT-TX-002

Tex. Health & Safety Code §§ 81.081 and 81.082

Department's Duty; Administration of Control Measures

Texas Legislature (Health and Safety Code ch. 81, Subchapter E, Control), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureWorkplace rulesQuarantine and isolationStanding duty
Character: statutory duty
Grade: Primary source read

The department shall impose control measures to prevent the spread of disease in the exercise of its power to protect the public health.... A health authority has supervisory authority and control over the administration of communicable disease control measures in the health authority's jurisdiction... The control measures may be imposed on an individual, animal, place, or object

Enforcement: Tex. Health & Safety Code § 81.087 (Class B misdemeanor; Ex. DUT-TX-006); § 81.085(h) (third-degree felony during area quarantine; Ex. DUT-TX-005); Penal Code §§ 12.22, 12.34 (Ex. DUT-TX-019)

Citation: Texas Legislature (Health and Safety Code ch. 81, Subchapter E, Control), Tex. Health & Safety Code §§ 81.081 and 81.082 (standing) (Ex. DUT-TX-002) Open the exhibit

Ex. DUT-TX-003

Tex. Health & Safety Code § 81.083

Application of Control Measures to Individual

Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Quarantine and isolationStanding duty
Character: statutory authority
Grade: Primary source read

If the department or a health authority has reasonable cause to believe that an individual is ill with, has been exposed to, or is the carrier of a communicable disease, the department or health authority may order the individual... to implement control measures that are reasonable and necessary to prevent the introduction, transmission, and spread of the disease in this state.

Enforcement: Tex. Health & Safety Code § 81.087: Class B misdemeanor (fine to $2,000, confinement to 180 days, or both; Penal Code § 12.22, Ex. DUT-TX-019)

Citation: Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Tex. Health & Safety Code § 81.083 (standing) (Ex. DUT-TX-003) Open the exhibit

Ex. DUT-TX-004

Tex. Health & Safety Code § 81.084

Application of Control Measures to Property

Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureWorkplace rulesStanding duty
Character: statutory authority
Grade: Primary source read

In a public health disaster, the department or health authority by written order may require a person who owns or controls property to impose control measures that are technically feasible to disinfect or decontaminate the property or... may order the person who owns or controls the property... to securely seal off an infected or contaminated structure

Enforcement: Tex. Health & Safety Code § 81.087 (Class B misdemeanor); injunction under § 81.084(f); costs and bond under § 81.084(g)

Citation: Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Tex. Health & Safety Code § 81.084 (standing) (Ex. DUT-TX-004) Open the exhibit

Ex. DUT-TX-005

Tex. Health & Safety Code § 81.085

Area Quarantine; Criminal Penalty

Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureGathering capQuarantine and isolationStanding duty
Character: order penalty
Grade: Primary source read

A person commits an offense if the person knowingly fails or refuses to obey a rule, order, or instruction of the department or an order or instruction of a health authority issued under a department rule and published during an area quarantine under this section. An offense under this subsection is a felony of the third degree.

Enforcement: Third-degree felony: imprisonment of 2 to 10 years and a fine to $10,000 (Penal Code § 12.34, Ex. DUT-TX-019)

Citation: Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Tex. Health & Safety Code § 81.085 (standing) (Ex. DUT-TX-005) Open the exhibit

Ex. DUT-TX-006

Tex. Health & Safety Code § 81.087

Violation of Control Measure Orders; Criminal Penalty

Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

A person commits an offense if the person knowingly refuses to perform or allow the performance of certain control measures ordered by a health authority or the department under Sections 81.083-81.086. (b) An offense under this section is a Class B misdemeanor.

Enforcement: Class B misdemeanor: fine to $2,000, confinement to 180 days, or both (Penal Code § 12.22, Ex. DUT-TX-019)

Citation: Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Tex. Health & Safety Code § 81.087 (standing) (Ex. DUT-TX-006) Open the exhibit

Ex. DUT-TX-007

Tex. Health & Safety Code § 121.024

Duties (of a health authority)

Texas Legislature (Health and Safety Code ch. 121, Local Public Health Reorganization Act), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Quarantine and isolationStanding duty
Character: statutory duty
Grade: Primary source read

A health authority is a state officer when performing duties prescribed by state law. (b) A health authority shall perform each duty that is: (1) necessary to implement and enforce a law to protect the public health; or (2) prescribed by the department. (c) The duties of a health authority include: (1) establishing, maintaining, and enforcing quarantine in the health authority's jurisdiction

Enforcement: Enforced through Tex. Health & Safety Code §§ 81.085(h) and 81.087 (Exs. DUT-TX-005, DUT-TX-006) and ch. 341 (Ex. DUT-TX-017)

Citation: Texas Legislature (Health and Safety Code ch. 121, Local Public Health Reorganization Act), Tex. Health & Safety Code § 121.024 (standing) (Ex. DUT-TX-007) Open the exhibit

Ex. DUT-TX-008

DSHS News Release, 'Texas Health Commissioner Declares Public Health Disaster' (March 19, 2020)

Texas Health Commissioner Declares Public Health Disaster: Calls on Texans to stay home and limit gatherings to 10 people

Texas Department of State Health Services (DSHS); Commissioner John Hellerstedt, M.D., Texas (State)

Dates: Standing (2020-03-19)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStay-at-homeGathering capWorkplace rulesStanding duty
Character: guidance incorporated
Grade: Primary source read

The declaration cites the requirement under Section 81.002 of the Texas Health and Safety Code that "each person shall act responsibly to prevent and control communicable disease." To do that: People, businesses and communities should immediately undertake hygiene, cleanliness and sanitation practices that are accessible, affordable and known to be effective against COVID-19.

Enforcement: The practices are stated with 'should' (recommendation); the § 81.002 duty and the control-measure offenses of §§ 81.085(h) and 81.087 supply the compulsion, and GA-08 made the gathering and closure rules orders with the § 418.173 penalty (Exs. TX-003, DUT-TX-012)

Citation: Texas Department of State Health Services (DSHS); Commissioner John Hellerstedt, M.D, DSHS News Release, 'Texas Health Commissioner Declares Public Health Disaster' (March 19, 2020) (Mar. 19, 2020) (Ex. DUT-TX-008) Open the exhibit

Ex. DUT-TX-009

Declaration of Public Health Disaster (March 19, 2020), renewed at 30-day intervals

Declaration of Public Health Disaster

Commissioner of the Texas Department of State Health Services (John Hellerstedt, M.D.), Texas (State)

Dates: Standing (2020-03-19)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStanding duty
Character: executive declaration
Grade: Confirmed from a secondary source

has created an immediate threat, poses a high risk of death to a large number of people and creates a substantial risk of public exposure because of the disease's method of transmission and evidence that there is community spread in Texas.

Enforcement: Tex. Health & Safety Code §§ 81.085(h), 81.087 (Exs. DUT-TX-005, DUT-TX-006)

Citation: Commissioner of the Texas Department of State Health Services (John Hellerstedt, M.D.), Declaration of Public Health Disaster (March 19, 2020), renewed at 30-day intervals (Mar. 19, 2020) (Ex. DUT-TX-009)

Ex. DUT-TX-010

Tex. Gov't Code § 418.012

Executive Orders

Texas Legislature (Government Code ch. 418, Texas Disaster Act of 1975), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStanding duty
Character: statutory authority
Grade: Primary source read

Under this chapter, the governor may issue executive orders, proclamations, and regulations and amend or rescind them. Executive orders, proclamations, and regulations have the force and effect of law.

Enforcement: Tex. Gov't Code § 418.173 (Ex. DUT-TX-012)

Citation: Texas Legislature (Government Code ch. 418, Texas Disaster Act of 1975), Tex. Gov't Code § 418.012 (standing) (Ex. DUT-TX-010) Open the exhibit

Ex. DUT-TX-011

Tex. Gov't Code §§ 418.018(c) and 418.108(g)

Movement of People; Declaration of Local Disaster (control of movement of persons and occupancy of premises)

Texas Legislature (Government Code ch. 418), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Stay-at-homeBusiness closureCapacity limitTravel and quarantineStanding duty
Character: statutory authority
Grade: Primary source read

The governor may control ingress and egress to and from a disaster area and the movement of persons and the occupancy of premises in the area.... The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area.

Enforcement: Tex. Gov't Code § 418.173 (Ex. DUT-TX-012)

Citation: Texas Legislature (Government Code ch. 418), Tex. Gov't Code §§ 418.018(c) and 418.108(g) (standing) (Ex. DUT-TX-011) Open the exhibit

Ex. DUT-TX-012

Tex. Gov't Code § 418.173

Penalty for Violation of Emergency Management Plan

Texas Legislature (Government Code ch. 418), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

(a) A state, local, or interjurisdictional emergency management plan may provide that failure to comply with the plan or with a rule, order, or ordinance adopted under the plan is an offense. (b) The plan may prescribe a punishment for the offense but may not prescribe a fine that exceeds $1,000 or confinement in jail for a term that exceeds 180 days.

Enforcement: Fine to $1,000 and confinement to 180 days (the ceiling); as recited in the orders, $1,000 with confinement through May 6, 2020 and a fine only thereafter

Citation: Texas Legislature (Government Code ch. 418), Tex. Gov't Code § 418.173 (standing) (Ex. DUT-TX-012) Open the exhibit

Ex. DUT-TX-013

Tex. Labor Code § 411.103

Duty of Employer to Provide Safe Workplace

Texas Legislature (Labor Code ch. 411, Workers' Health and Safety, Subchapter H, General Requirements Relating to Occupational Health and Safety), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace duty
Grade: Primary source read

Each employer shall: (1) provide and maintain... a place of employment that is reasonably safe and healthful for employees; (2) install, maintain, and use... methods of sanitation and hygiene, that are reasonably necessary to protect the life, health, and safety of the employer's employees; and (3) take all other actions reasonably necessary to make the employment and place of employment safe.

Enforcement: None stated in the subchapter; § 411.109 provides that this subchapter and Health and Safety Code chs. 341 and 755 'to the extent possible shall all be given effect'; the identical federal duty, 29 U.S.C. § 654(a)(1) (Ex. DUT-AL-009), carries the civil penalties of 29 U.S.C. § 666 and was enforced through OSHA's COVID-19 National Emphasis Program and response plan (Exs. FED-082 to FED-084); §…

Citation: Texas Legislature (Labor Code ch. 411, Workers' Health and Safety, Subchapter H, General Requirements Relating to Occupational Health and Safety), Tex. Labor Code § 411.103 (standing) (Ex. DUT-TX-013) Open the exhibit

Ex. DUT-TX-014

Senate Bill 6, Pandemic Liability Protection Act (Act of June 14, 2021, 87th Leg., R.S., ch. 528)

An Act relating to liability for certain claims arising during a pandemic or disaster related to a pandemic

Texas Legislature (87th Leg., R.S.), Senate Bill 6, signed by Governor Abbott, Texas (State)

Dates: Standing (2021-06-14, applicable to every action commenced on or after 2020-03-13)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding dutyOperating condition
Character: liability shield condition
Grade: Primary source read

SECTION 5. (a) Section 74.155 and Chapter 148, Civil Practice and Remedies Code, as added by this Act, apply only to an action commenced on or after March 13, 2020, for which a judgment has not become final before the effective date of this Act.

Enforcement: Loss of the shield: liability for injury or death from exposure where the claimant proves knowing failure to implement or comply with applicable governmental standards, guidance or protocols and causation

Citation: Texas Legislature (87th Leg., R.S.), Senate Bill 6, signed by Governor Abbott, Senate Bill 6, Pandemic Liability Protection Act (Act of June 14, 2021, 87th Leg., R.S., ch. 528) (standing) (Ex. DUT-TX-014) Open the exhibit

Ex. DUT-TX-015

Tex. Civ. Prac. & Rem. Code § 148.003

Liability for Causing Exposure to Pandemic Disease

Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6), Texas (State)

Dates: Standing (2021-06-14, applicable to actions commenced on or after 2020-03-13 (S.B. 6 § 5(a), Ex. DUT-TX-014))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding dutyOperating condition
Character: liability shield condition
Grade: Primary source read

A person is not liable... unless the claimant establishes that... the person who exposed the individual... knowingly failed to implement or comply with government-promulgated standards, guidance, or protocols intended to lower the likelihood of exposure to the disease that were applicable to the person or the person's business

Enforcement: Loss of the statutory protection and exposure to tort liability; a claimant must serve a qualified expert report within 120 days of the answer (§ 148.003(b)) and the claim is dismissed with prejudice if a sufficient report is not served (§ 148.003(f))

Citation: Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6), Tex. Civ. Prac. & Rem. Code § 148.003 (standing) (Ex. DUT-TX-015) Open the exhibit

Ex. DUT-TX-016

Tex. Health & Safety Code § 341.011

Nuisance

Texas Legislature (Health and Safety Code ch. 341, Minimum Standards of Sanitation and Health Protection Measures), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureWorkplace rulesStanding duty
Character: sanitary code duty
Grade: Primary source read

Each of the following is a public health nuisance:... a restaurant, food market, bakery, other place of business, or vehicle in which food is prepared, packed, stored, transported, sold, or served to the public and that is not constantly maintained in a sanitary condition;... an object, place, or condition that is a possible and probable medium of disease transmission to or between humans.

Enforcement: Tex. Health & Safety Code § 341.091 (Ex. DUT-TX-017): misdemeanor, $10 to $200; on a second conviction within a year $10 to $1,000 and up to 30 days' confinement; each day a separate offense; civil enforcement under § 341.092

Citation: Texas Legislature (Health and Safety Code ch. 341, Minimum Standards of Sanitation and Health Protection Measures), Tex. Health & Safety Code § 341.011 (standing) (Ex. DUT-TX-016) Open the exhibit

Ex. DUT-TX-017

Tex. Health & Safety Code § 341.091

Criminal Penalty

Texas Legislature (Health and Safety Code ch. 341, Subchapter F, Enforcement), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

A person commits an offense if the person violates this chapter or a rule adopted under this chapter.... An offense under this section is a misdemeanor punishable by a fine of not less than $10 or more than $200.... (c) Each day of a continuing violation is a separate offense.

Enforcement: Misdemeanor: $10 to $200; repeat within a year: $10 to $1,000 and up to 30 days' confinement; each day a separate offense

Citation: Texas Legislature (Health and Safety Code ch. 341, Subchapter F, Enforcement), Tex. Health & Safety Code § 341.091 (standing) (Ex. DUT-TX-017) Open the exhibit

Ex. DUT-TX-018

Tex. Health & Safety Code § 437.0145 (with §§ 437.002 and 437.016)

Emergency Suspension or Closing Order; Enforcement of State Law by County or Public Health District; Criminal Penalty

Texas Legislature (Health and Safety Code ch. 437, Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureStanding dutyOperating condition
Character: sanitary code duty
Grade: Primary source read

The department shall suspend the license of a food service establishment, retail food store... or order the immediate closing of the food service establishment... if: (1) the department finds the food service establishment... is operating in violation of the standards prescribed by this chapter; and (2) the violation creates an immediate threat to the health and safety of the public.

Enforcement: License suspension or immediate closure (§ 437.0145); injunction (§§ 437.015, 437.0155); Class C misdemeanor for operating without a county or district permit, each day a separate offense (§ 437.016); Class A misdemeanor for operating without a department permit (§ 437.0165); administrative penalty (§ 437.018)

Citation: Texas Legislature (Health and Safety Code ch. 437, Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors), Tex. Health & Safety Code § 437.0145 (with §§ 437.002 and 437.016) (standing) (Ex. DUT-TX-018) Open the exhibit

Ex. DUT-TX-019

Tex. Penal Code §§ 12.22, 12.23 and 12.34

Class B Misdemeanor; Class C Misdemeanor; Third Degree Felony Punishment

Texas Legislature (Penal Code ch. 12, Punishments), Texas (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

An individual adjudged guilty of a Class B misdemeanor shall be punished by: (1) a fine not to exceed $2,000; (2) confinement in jail for a term not to exceed 180 days; or (3) both... a Class C misdemeanor shall be punished by a fine not to exceed $500.... a felony of the third degree shall be punished by imprisonment... for any term of not more than 10 years or less than 2 years.

Enforcement: As quoted

Citation: Texas Legislature (Penal Code ch. 12, Punishments), Tex. Penal Code §§ 12.22, 12.23 and 12.34 (standing) (Ex. DUT-TX-019) Open the exhibit

Ex. DUT-TX-020

Open Texas, Minimum Standard Health Protocols: Checklist for All Employers (version archived May 12, 2020)

Minimum Standard Health Protocols: Checklist for All Employers

Governor Greg Abbott (Governor's Strike Force to Open Texas) with the Texas Department of State Health Services, Texas (State)

Dates: Standing (2020-04-27 (GA-18); this version from May 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Primary source read

The following are the minimum recommended health protocols for all businesses choosing to operate in Texas. Employers may adopt additional protocols consistent with their specific needs and circumstances to help protect the health and safety of all employees, contractors, and customers.... everyone should rigorously follow the practices specified in these protocols

Enforcement: None in the checklist itself; the incorporating instruments supply the consequence (§ 418.173 for the orders' operating conditions; loss of the § 148.003 shield; OSHA general duty citations)

Citation: Governor Greg Abbott (Governor's Strike Force to Open Texas) with the Texas Department of State Health Services, Open Texas, Minimum Standard Health Protocols: Checklist for All Employers (version archived May 12, 2020) (Ex. DUT-TX-020) Open the exhibit

Ex. DUT-TX-021

In re Abbott, No. 20-50264 (5th Cir. Apr. 7, 2020) (published), 954 F.3d 772

In re Greg Abbott, in his official capacity as Governor of Texas, et al. (petition for writ of mandamus; GA-09)

United States Court of Appeals for the Fifth Circuit (Duncan, J., joined by Elrod, J.; Dennis, J., dissenting), Texas (United States Court of Appeals for the Fifth Circuit) (Court)

Dates: Standing (2020-04-07)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care ordersStanding duty
Character: adjudication
Grade: Primary source read

The bottom line is this: when faced with a society-threatening epidemic, a state may implement emergency measures that curtail constitutional rights so long as the measures have at least some "real or substantial relation" to the public health crisis and are not "beyond all question, a plain, palpable invasion of rights secured by the fundamental law."

Enforcement: n/a (the order enforced carried the § 418.173 penalty recited in GA-09, Ex. TX-004)

Citation: United States Court of Appeals for the Fifth Circuit (Duncan, J., joined by Elrod, J.; Dennis, J., dissenting), In re Abbott, No. 20-50264 (5th Cir. Apr. 7, 2020) (published), 954 F.3d 772 (Ex. DUT-TX-021) 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 Texas 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.

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

Step one, the orders. In the third quarter of 2021 the Library holds 252 instruments in force for this selection: 22 instruments from the State of Texas (Governor Greg Abbott, Executive Order GA-34 (Mar. 2, 2021) (Ex. TX-029); Governor Greg Abbott, Disaster Proclamation (COVID-19) (Mar. 13, 2020) (Ex. TX-001); Governor Greg Abbott (at the request of the Office of the Attorney General), Suspension of Texas Open Meetings Act provisions (Gov't Code ch. 551) (Mar. 16, 2020) (Ex. TX-002); and 19 more), 15 instruments from the agencies, boards and authorities of Texas (Texas Department of Criminal Justice (Executive Director Bryan Collier), TDCJ Visitation Alert of Mar. 13, 2020 (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-066); Charles G. Cooper, Banking Commissioner, Industry Notice 2020-03 (with the Commissioner's Proclamation of March 16, 2020 authorizing emergency closings) (Mar. 16, 2020) (Ex. AGY-ST-INSURANCE-BANKING-083); Texas Department of Criminal Justice, TDCJ Connections, 'Visitation to resume in August' (July 2021) (July 1, 2021) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-067); and 12 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 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: CT courts (Ex. TX-060); CB (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-066); CB customer intake (Ex. TX-032); HR (Ex. TX-030); IN (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-047); IN workers' compensation carriers (Ex. AGY-ST-INSURANCE-BANKING-017); OF (Ex. AGY-ST-DMV-SOS-RECORDERS-049); PM property management (Ex. TX-060); SC (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-043); SV servicing and collections (Ex. TX-060).

Step three, the change compelled. Texas Department of Criminal Justice (Executive Director Bryan Collier), TDCJ Visitation Alert of Mar. 13, 2020 (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-066) ordered: "March 13, 2020 In accordance with Governor Abbott's declaration, effective March 13, 2020, the TDCJ will be temporarily suspending visitation at all our facilities (statewide) until further notice. While we understand the value and significance of the visitation process at our facilities, we also…" Enforcement: Executive Director's authority (Tex. Gov't Code § 493.006); visitation is a privilege under the Offender Visitation Plan Charles G. Cooper, Banking Commissioner, Industry Notice 2020-03 (with the Commissioner's Proclamation of March 16, 2020 authorizing emergency closings) (Mar. 16, 2020) (Ex. AGY-ST-INSURANCE-BANKING-083) ordered: "The purpose of this notice is to provide additional guidance to our institutions regarding customer support, pandemic preparedness including tips on emergency closures, and future examinations... Today, I issued a Proclamation allowing banks to close facilities as needed in response to this public…" Enforcement: Tex. Fin. Code ch. 37 (emergency closings), § 37.002(d) (notice), ch. 35 (enforcement) Governor Greg Abbott, Executive Order GA-34 (Mar. 2, 2021) (Ex. TX-029) ordered: "1. In all counties not in an area with high hospitalizations as defined below: a. there are no COVID-19-related operating limits for any business or other establishment; and b. individuals are strongly encouraged to wear face coverings... but no person may be required by any jurisdiction to wear or…" Enforcement: Preemption clause; suspension of §§ 418.1015(b), 418.108 and Health & Safety Code ch. 81 subch. E; § 418.173 fines for local officials added by GA-36 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. TDCJ Visitation Alert of Mar. 13, 2020 (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-066) was in force from Mar. 13, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Industry Notice 2020-03 (with the Commissioner's Proclamation of March 16, 2020… (Ex. AGY-ST-INSURANCE-BANKING-083) was in force from Mar. 16, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Executive Order GA-34 (Ex. TX-029) was in force from Mar. 10, 2021 to July 29, 2021, 29 of the quarter's 92 days. Of the 37 instruments in the quarter's record, 24 were in force on its first day, 23 on its last day and 16 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of 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: 235 records, of which The COVID Project holds the document for 231. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-047	Message to the HISD community proposing a mask mandate for students, staff and visitors (Aug. 5, 2021)	Superintendent Millard House II (proposal to the Board of Education, adopted Aug. 12, 2021)	Aug. 5, 2021	Superintendent Millard House II (proposal to the Board of Education, adopted Aug. 12, 2021), Message to the HISD community proposing a mask mandate for students, staff and visitors (Aug. 5, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-047)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-047	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-047
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-049	Message to the HISD community on the mask mandate and the Travis County injunction (Sept. 27, 2021)	Superintendent Millard House II	Sept. 27, 2021	Superintendent Millard House II, Message to the HISD community on the mask mandate and the Travis County injunction (Sept. 27, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-049)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-049	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-049
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-043	Joint Statement on Reports of Price-Gouging of Medical Supplies in Texas	Governor Greg Abbott and Attorney General Ken Paxton	Mar. 6, 2020	Governor Greg Abbott and Attorney General Ken Paxton, Joint Statement on Reports of Price-Gouging of Medical Supplies in Texas (Mar. 6, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-043)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-043	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-043
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-066	TDCJ Visitation Alert of Mar. 13, 2020	Texas Department of Criminal Justice (Executive Director Bryan Collier)	Mar. 13, 2020	Texas Department of Criminal Justice (Executive Director Bryan Collier), TDCJ Visitation Alert of Mar. 13, 2020 (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-066)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-066	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-066
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-067	TDCJ Connections, 'Visitation to resume in August' (July 2021)	Texas Department of Criminal Justice	July 1, 2021	Texas Department of Criminal Justice, TDCJ Connections, 'Visitation to resume in August' (July 2021) (July 1, 2021) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-067)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-067	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-067
Ex. AGY-ST-COURTS-045	Commissioner's Bulletin # B-0019-20, Coronavirus (COVID-19) - Suspension of a provision of Health and Safety Code and a DWC rule related to workers'…	Cassie Brown, Commissioner of Workers' Compensation, Texas Department of Insurance, Division of Workers' Compensation	Apr. 10, 2020	Cassie Brown, Commissioner of Workers' Compensation, Texas Department of Insurance, Division of Workers' Compensation, Commissioner's Bulletin # B-0019-20, Coronavirus (COVID-19) - Suspension of a provision of Health and Safety Code and a DWC rule related to workers' compensation (Apr. 10, 2020) (Ex. AGY-ST-COURTS-045)	/library/AGY-ST-COURTS-045	/exhibit/AGY-ST-COURTS-045
Ex. AGY-ST-DMV-SOS-RECORDERS-044	Governor's suspension of statutes to allow appearance before a notary public via videoconference (announced April 8, 2020)	Governor Greg Abbott (Office of the Texas Governor release announcing the suspension)	Apr. 8, 2020	Governor Greg Abbott (Office of the Texas Governor release announcing the suspension), Governor's suspension of statutes to allow appearance before a notary public via videoconference (announced April 8, 2020) (Apr. 8, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-044)	/library/AGY-ST-DMV-SOS-RECORDERS-044	/exhibit/AGY-ST-DMV-SOS-RECORDERS-044
Ex. AGY-ST-DMV-SOS-RECORDERS-049	Tex. Gov't Code ch. 406, subch. C (Online Notary Public), added by H.B. 1217 (2017)	Texas Legislature (Acts 2017, 85th Leg., R.S., ch. 340 (H.B. 1217), sec. 3)	July 1, 2018	Texas Legislature (Acts 2017, 85th Leg., R.S., ch. 340 (H.B. 1217), sec. 3), Tex. Gov't Code ch. 406, subch. C (Online Notary Public), added by H.B. 1217 (2017) (July 1, 2018) (Ex. AGY-ST-DMV-SOS-RECORDERS-049)	/library/AGY-ST-DMV-SOS-RECORDERS-049	/exhibit/AGY-ST-DMV-SOS-RECORDERS-049
Ex. AGY-ST-HEALTH-BOARDS-018	TSBP notification: Emergency Dispensing of Prescription Medications (COVID-19 disaster)	Texas State Board of Pharmacy	Mar. 21, 2020	Texas State Board of Pharmacy, TSBP notification: Emergency Dispensing of Prescription Medications (COVID-19 disaster) (Mar. 21, 2020) (Ex. AGY-ST-HEALTH-BOARDS-018)	/library/AGY-ST-HEALTH-BOARDS-018	/exhibit/AGY-ST-HEALTH-BOARDS-018
Ex. AGY-ST-HEALTH-BOARDS-046	Emergency rule amending 22 TAC § 190.8(2)(U): Notice and Compliance Requirements Concerning COVID-19 Minimum Standards of Safe Practice (press release of Apr.…	Texas Medical Board, Executive Committee	Apr. 30, 2020	Texas Medical Board, Executive Committee, Emergency rule amending 22 TAC § 190.8(2)(U): Notice and Compliance Requirements Concerning COVID-19 Minimum Standards of Safe Practice (press release of Apr. 30, 2020 quoting the rule) (Ex. AGY-ST-HEALTH-BOARDS-046)	/library/AGY-ST-HEALTH-BOARDS-046	/exhibit/AGY-ST-HEALTH-BOARDS-046
Ex. AGY-ST-INSURANCE-BANKING-014	Commissioner's Bulletin # B-0007-20	Commissioner of Insurance Kent Sullivan	Mar. 23, 2020	Commissioner of Insurance Kent Sullivan, Commissioner's Bulletin # B-0007-20 (Mar. 23, 2020) (Ex. AGY-ST-INSURANCE-BANKING-014)	/library/AGY-ST-INSURANCE-BANKING-014	/exhibit/AGY-ST-INSURANCE-BANKING-014
Ex. AGY-ST-INSURANCE-BANKING-017	Commissioner's Bulletin # B-0012-20	Cassie Brown, Commissioner of Workers' Compensation	Mar. 27, 2020	Cassie Brown, Commissioner of Workers' Compensation, Commissioner's Bulletin # B-0012-20 (Mar. 27, 2020) (Ex. AGY-ST-INSURANCE-BANKING-017)	/library/AGY-ST-INSURANCE-BANKING-017	/exhibit/AGY-ST-INSURANCE-BANKING-017
Ex. AGY-ST-INSURANCE-BANKING-018	Commissioner's Bulletin # B-0015-20	Commissioner of Insurance	Mar. 27, 2020	Commissioner of Insurance, Commissioner's Bulletin # B-0015-20 (Mar. 27, 2020) (Ex. AGY-ST-INSURANCE-BANKING-018)	/library/AGY-ST-INSURANCE-BANKING-018	/exhibit/AGY-ST-INSURANCE-BANKING-018
Ex. AGY-ST-INSURANCE-BANKING-021	Commissioner's Bulletin # B-0018-21	Cassie Brown, Commissioner of Workers' Compensation	July 2, 2021	Cassie Brown, Commissioner of Workers' Compensation, Commissioner's Bulletin # B-0018-21 (July 2, 2021) (Ex. AGY-ST-INSURANCE-BANKING-021)	/library/AGY-ST-INSURANCE-BANKING-021	/exhibit/AGY-ST-INSURANCE-BANKING-021
Ex. AGY-ST-INSURANCE-BANKING-083	Industry Notice 2020-03 (with the Commissioner's Proclamation of March 16, 2020 authorizing emergency closings)	Charles G. Cooper, Banking Commissioner	Mar. 16, 2020	Charles G. Cooper, Banking Commissioner, Industry Notice 2020-03 (with the Commissioner's Proclamation of March 16, 2020 authorizing emergency closings) (Mar. 16, 2020) (Ex. AGY-ST-INSURANCE-BANKING-083)	/library/AGY-ST-INSURANCE-BANKING-083	/exhibit/AGY-ST-INSURANCE-BANKING-083
Ex. AGY-ST-TRADE-BOARDS-066	Emergency Rule, 26 Tex. Admin. Code § 745.10003, Emergency Rule with Ongoing Requirements for Certain Day Care Operations in Response to COVID-19 (HHSC-20-0047)	Texas HHSC, Executive Commissioner (on the request of the Associate Commissioner for Child Care Regulation, June 25, 2020)	June 25, 2020	Texas HHSC, Executive Commissioner (on the request of the Associate Commissioner for Child Care Regulation, June 25, 2020), Emergency Rule, 26 Tex. Admin. Code § 745.10003, Emergency Rule with Ongoing Requirements for Certain Day Care Operations in Response to COVID-19 (HHSC-20-0047) (June 25, 2020) (Ex. AGY-ST-TRADE-BOARDS-066)	/library/AGY-ST-TRADE-BOARDS-066	/exhibit/AGY-ST-TRADE-BOARDS-066
Ex. DUT-AL-009	29 U.S.C. § 654(a)(1)-(2) (the general duty clause)	Congress of the United States (Occupational Safety and Health Act of 1970, § 5)	standing	Congress of the United States (Occupational Safety and Health Act of 1970, § 5), 29 U.S.C. § 654(a)(1)-(2) (the general duty clause) (standing) (Ex. DUT-AL-009)	/library/DUT-AL-009	/exhibit/DUT-AL-009
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. DUT-FED-002	29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)	Congress (OSH Act § 11(c))	standing	Congress (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-003	29 C.F.R. 1910.132 (personal protective equipment, general requirements)	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)	standing	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)	/library/DUT-FED-003	/exhibit/DUT-FED-003
Ex. DUT-FED-004	29 C.F.R. 1910.134 (respiratory protection)	Occupational Safety and Health Administration	standing	Occupational 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-005	29 C.F.R. 1910.141 (sanitation)	Occupational Safety and Health Administration	standing	Occupational 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-006	29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39	Occupational Safety and Health Administration	standing	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)	/library/DUT-FED-006	/exhibit/DUT-FED-006
Ex. DUT-FED-007	29 C.F.R. 1910.1030 (bloodborne pathogens)	Occupational Safety and Health Administration	standing	Occupational 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-008	29 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))	standing	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)	/library/DUT-FED-008	/exhibit/DUT-FED-008
Ex. DUT-FED-009	OSHA 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')	standing	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)	/library/DUT-FED-009	/exhibit/DUT-FED-009
Ex. DUT-FED-010	Protecting 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))	standing	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)	/library/DUT-FED-010	/exhibit/DUT-FED-010
Ex. DUT-FED-011	Protecting Workers guidance, as updated August 13, 2021	Occupational Safety and Health Administration	standing	Occupational 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-013	Guidance on Returning to Work (OSHA 4045, June 2020)	Occupational Safety and Health Administration	standing	Occupational 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-015	Citation 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)	standing	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)	/library/DUT-FED-015	/exhibit/DUT-FED-015
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, Denver Area Office (Inspection No. 1475131)	standing	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)	/library/DUT-FED-016	/exhibit/DUT-FED-016
Ex. DUT-FED-017	Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)	standing	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)	/library/DUT-FED-017	/exhibit/DUT-FED-017
Ex. DUT-FED-018	Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)	OSHA, Hartford Area Office (Inspection No. 1505094)	standing	OSHA, 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-019	Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)	OSHA, Hartford Area Office (Inspection No. 1472908)	standing	OSHA, 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-020	Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)	Occupational Safety and Health Administration	standing	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)	/library/DUT-FED-020	/exhibit/DUT-FED-020
Ex. DUT-FED-021	Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)	OSHA, Avenel Area Office (Inspection No. 1480762)	standing	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)	/library/DUT-FED-021	/exhibit/DUT-FED-021
Ex. DUT-FED-022	Citation, United States Postal Service, Washington, DC (general duty clause)	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)	standing	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)	/library/DUT-FED-022	/exhibit/DUT-FED-022
Ex. DUT-FED-023	42 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)	standing	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)	/library/DUT-FED-023	/exhibit/DUT-FED-023
Ex. DUT-FED-024	42 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)	standing	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)	/library/DUT-FED-024	/exhibit/DUT-FED-024
Ex. DUT-FED-025	42 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)	standing	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)	/library/DUT-FED-025	/exhibit/DUT-FED-025
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…	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)	standing	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)	/library/DUT-FED-026	/exhibit/DUT-FED-026
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	Secretary of Health and Human Services (Alex M. Azar II)	standing	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)	/library/DUT-FED-027	/exhibit/DUT-FED-027
Ex. DUT-FED-029	Safety Alert for Operators (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)	standing	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)	/library/DUT-FED-029	/exhibit/DUT-FED-029
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)	Equal Employment Opportunity Commission (technical assistance)	standing	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)	/library/DUT-FED-030	/exhibit/DUT-FED-030
Ex. DUT-FED-031	42 U.S.C. 12113 (ADA defenses; direct threat)	Congress (Americans with Disabilities Act § 103)	standing	Congress (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-032	29 C.F.R. 1630.2(r) (definition of direct threat)	Equal Employment Opportunity Commission (regulation)	standing	Equal 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-033	29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)	Equal Employment Opportunity Commission (regulation)	standing	Equal 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-034	Interim 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 Prevention	standing	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)	/library/DUT-FED-034	/exhibit/DUT-FED-034
Ex. DUT-FED-035	Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)	Centers for Disease Control and Prevention	standing	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)	/library/DUT-FED-035	/exhibit/DUT-FED-035
Ex. DUT-FED-037	Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)	standing	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)	/library/DUT-FED-037	/exhibit/DUT-FED-037
Ex. DUT-FED-060	Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…	Centers for Disease Control and Prevention	standing	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)	/library/DUT-FED-060	/exhibit/DUT-FED-060
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)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	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)	/library/DUT-FED-061	/exhibit/DUT-FED-061
Ex. DUT-FED-062	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)	standing	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)	/library/DUT-FED-062	/exhibit/DUT-FED-062
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…	Centers for Disease Control and Prevention	standing	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)	/library/DUT-FED-063	/exhibit/DUT-FED-063
Ex. DUT-FED-064	Considerations for Restaurants and Bars (updated May 27, 2020)	Centers for Disease Control and Prevention	standing	Centers 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-065	Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)	Federal Motor Carrier Safety Administration	standing	Federal 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-066	News 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 release	standing	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)	/library/DUT-FED-066	/exhibit/DUT-FED-066
Ex. DUT-FED-067	News 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 release	standing	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)	/library/DUT-FED-067	/exhibit/DUT-FED-067
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…	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)	standing	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)	/library/DUT-FED-069	/exhibit/DUT-FED-069
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)	Equal Employment Opportunity Commission (technical assistance)	standing	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)	/library/DUT-FED-070	/exhibit/DUT-FED-070
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)	Equal Employment Opportunity Commission (technical assistance)	standing	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)	/library/DUT-FED-071	/exhibit/DUT-FED-071
Ex. DUT-FED-072	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)	Occupational Safety and Health Administration	standing	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)	/library/DUT-FED-072	/exhibit/DUT-FED-072
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)	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney	standing	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)	/library/DUT-FED-073	/exhibit/DUT-FED-073
Ex. DUT-TX-001	Tex. Health & Safety Code § 81.002	Texas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act)	standing	Texas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act), Tex. Health & Safety Code § 81.002 (standing) (Ex. DUT-TX-001)	/library/DUT-TX-001	/exhibit/DUT-TX-001
Ex. DUT-TX-002	Tex. Health & Safety Code §§ 81.081 and 81.082	Texas Legislature (Health and Safety Code ch. 81, Subchapter E, Control)	standing	Texas Legislature (Health and Safety Code ch. 81, Subchapter E, Control), Tex. Health & Safety Code §§ 81.081 and 81.082 (standing) (Ex. DUT-TX-002)	/library/DUT-TX-002	/exhibit/DUT-TX-002
Ex. DUT-TX-003	Tex. Health & Safety Code § 81.083	Texas Legislature (Health and Safety Code ch. 81, Subchapter E)	standing	Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Tex. Health & Safety Code § 81.083 (standing) (Ex. DUT-TX-003)	/library/DUT-TX-003	/exhibit/DUT-TX-003
Ex. DUT-TX-004	Tex. Health & Safety Code § 81.084	Texas Legislature (Health and Safety Code ch. 81, Subchapter E)	standing	Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Tex. Health & Safety Code § 81.084 (standing) (Ex. DUT-TX-004)	/library/DUT-TX-004	/exhibit/DUT-TX-004
Ex. DUT-TX-005	Tex. Health & Safety Code § 81.085	Texas Legislature (Health and Safety Code ch. 81, Subchapter E)	standing	Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Tex. Health & Safety Code § 81.085 (standing) (Ex. DUT-TX-005)	/library/DUT-TX-005	/exhibit/DUT-TX-005
Ex. DUT-TX-006	Tex. Health & Safety Code § 81.087	Texas Legislature (Health and Safety Code ch. 81, Subchapter E)	standing	Texas Legislature (Health and Safety Code ch. 81, Subchapter E), Tex. Health & Safety Code § 81.087 (standing) (Ex. DUT-TX-006)	/library/DUT-TX-006	/exhibit/DUT-TX-006
Ex. DUT-TX-007	Tex. Health & Safety Code § 121.024	Texas Legislature (Health and Safety Code ch. 121, Local Public Health Reorganization Act)	standing	Texas Legislature (Health and Safety Code ch. 121, Local Public Health Reorganization Act), Tex. Health & Safety Code § 121.024 (standing) (Ex. DUT-TX-007)	/library/DUT-TX-007	/exhibit/DUT-TX-007
Ex. DUT-TX-008	DSHS News Release, 'Texas Health Commissioner Declares Public Health Disaster' (March 19, 2020)	Texas Department of State Health Services (DSHS); Commissioner John Hellerstedt, M.D.	standing	Texas Department of State Health Services (DSHS); Commissioner John Hellerstedt, M.D, DSHS News Release, 'Texas Health Commissioner Declares Public Health Disaster' (March 19, 2020) (Mar. 19, 2020) (Ex. DUT-TX-008)	/library/DUT-TX-008	/exhibit/DUT-TX-008
Ex. DUT-TX-009	Declaration of Public Health Disaster (March 19, 2020), renewed at 30-day intervals	Commissioner of the Texas Department of State Health Services (John Hellerstedt, M.D.)	standing	Commissioner of the Texas Department of State Health Services (John Hellerstedt, M.D.), Declaration of Public Health Disaster (March 19, 2020), renewed at 30-day intervals (Mar. 19, 2020) (Ex. DUT-TX-009)	/library/DUT-TX-009
Ex. DUT-TX-010	Tex. Gov't Code § 418.012	Texas Legislature (Government Code ch. 418, Texas Disaster Act of 1975)	standing	Texas Legislature (Government Code ch. 418, Texas Disaster Act of 1975), Tex. Gov't Code § 418.012 (standing) (Ex. DUT-TX-010)	/library/DUT-TX-010	/exhibit/DUT-TX-010
Ex. DUT-TX-011	Tex. Gov't Code §§ 418.018(c) and 418.108(g)	Texas Legislature (Government Code ch. 418)	standing	Texas Legislature (Government Code ch. 418), Tex. Gov't Code §§ 418.018(c) and 418.108(g) (standing) (Ex. DUT-TX-011)	/library/DUT-TX-011	/exhibit/DUT-TX-011
Ex. DUT-TX-012	Tex. Gov't Code § 418.173	Texas Legislature (Government Code ch. 418)	standing	Texas Legislature (Government Code ch. 418), Tex. Gov't Code § 418.173 (standing) (Ex. DUT-TX-012)	/library/DUT-TX-012	/exhibit/DUT-TX-012
Ex. DUT-TX-013	Tex. Labor Code § 411.103	Texas Legislature (Labor Code ch. 411, Workers' Health and Safety, Subchapter H, General Requirements Relating to Occupational Health and Safety)	standing	Texas Legislature (Labor Code ch. 411, Workers' Health and Safety, Subchapter H, General Requirements Relating to Occupational Health and Safety), Tex. Labor Code § 411.103 (standing) (Ex. DUT-TX-013)	/library/DUT-TX-013	/exhibit/DUT-TX-013
Ex. DUT-TX-014	Senate Bill 6, Pandemic Liability Protection Act (Act of June 14, 2021, 87th Leg., R.S., ch. 528)	Texas Legislature (87th Leg., R.S.), Senate Bill 6, signed by Governor Abbott	standing	Texas Legislature (87th Leg., R.S.), Senate Bill 6, signed by Governor Abbott, Senate Bill 6, Pandemic Liability Protection Act (Act of June 14, 2021, 87th Leg., R.S., ch. 528) (standing) (Ex. DUT-TX-014)	/library/DUT-TX-014	/exhibit/DUT-TX-014
Ex. DUT-TX-015	Tex. Civ. Prac. & Rem. Code § 148.003	Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6)	standing	Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6), Tex. Civ. Prac. & Rem. Code § 148.003 (standing) (Ex. DUT-TX-015)	/library/DUT-TX-015	/exhibit/DUT-TX-015
Ex. DUT-TX-016	Tex. Health & Safety Code § 341.011	Texas Legislature (Health and Safety Code ch. 341, Minimum Standards of Sanitation and Health Protection Measures)	standing	Texas Legislature (Health and Safety Code ch. 341, Minimum Standards of Sanitation and Health Protection Measures), Tex. Health & Safety Code § 341.011 (standing) (Ex. DUT-TX-016)	/library/DUT-TX-016	/exhibit/DUT-TX-016
Ex. DUT-TX-017	Tex. Health & Safety Code § 341.091	Texas Legislature (Health and Safety Code ch. 341, Subchapter F, Enforcement)	standing	Texas Legislature (Health and Safety Code ch. 341, Subchapter F, Enforcement), Tex. Health & Safety Code § 341.091 (standing) (Ex. DUT-TX-017)	/library/DUT-TX-017	/exhibit/DUT-TX-017
Ex. DUT-TX-018	Tex. Health & Safety Code § 437.0145 (with §§ 437.002 and 437.016)	Texas Legislature (Health and Safety Code ch. 437, Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors)	standing	Texas Legislature (Health and Safety Code ch. 437, Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors), Tex. Health & Safety Code § 437.0145 (with §§ 437.002 and 437.016) (standing) (Ex. DUT-TX-018)	/library/DUT-TX-018	/exhibit/DUT-TX-018
Ex. DUT-TX-019	Tex. Penal Code §§ 12.22, 12.23 and 12.34	Texas Legislature (Penal Code ch. 12, Punishments)	standing	Texas Legislature (Penal Code ch. 12, Punishments), Tex. Penal Code §§ 12.22, 12.23 and 12.34 (standing) (Ex. DUT-TX-019)	/library/DUT-TX-019	/exhibit/DUT-TX-019
Ex. DUT-TX-020	Open Texas, Minimum Standard Health Protocols: Checklist for All Employers (version archived May 12, 2020)	Governor Greg Abbott (Governor's Strike Force to Open Texas) with the Texas Department of State Health Services	standing	Governor Greg Abbott (Governor's Strike Force to Open Texas) with the Texas Department of State Health Services, Open Texas, Minimum Standard Health Protocols: Checklist for All Employers (version archived May 12, 2020) (Ex. DUT-TX-020)	/library/DUT-TX-020	/exhibit/DUT-TX-020
Ex. DUT-TX-021	In re Abbott, No. 20-50264 (5th Cir. Apr. 7, 2020) (published), 954 F.3d 772	United States Court of Appeals for the Fifth Circuit (Duncan, J., joined by Elrod, J.; Dennis, J., dissenting)	standing	United States Court of Appeals for the Fifth Circuit (Duncan, J., joined by Elrod, J.; Dennis, J., dissenting), In re Abbott, No. 20-50264 (5th Cir. Apr. 7, 2020) (published), 954 F.3d 772 (Ex. DUT-TX-021)	/library/DUT-TX-021	/exhibit/DUT-TX-021
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-071	Executive Order 13910	President Donald J. Trump	Mar. 23, 2020	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	/library/FED-071	/exhibit/FED-071
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-088	Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)	OSHA, U.S. Department of Labor	Mar. 9, 2020	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	/library/FED-088	/exhibit/FED-088
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-104	FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	/library/FED-104	/exhibit/FED-104
Ex. FED-109	FEMA-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, 2020	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)	/library/FED-109	/exhibit/FED-109
Ex. FED-113	FEMA-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, 2020	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)	/library/FED-113	/exhibit/FED-113
Ex. FED-115	FEMA-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, 2020	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)	/library/FED-115	/exhibit/FED-115
Ex. FED-118	FEMA-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, 2020	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)	/library/FED-118	/exhibit/FED-118
Ex. FED-130	FEMA-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, 2020	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)	/library/FED-130	/exhibit/FED-130
Ex. FED-132	FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 20, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	/library/FED-132	/exhibit/FED-132
Ex. FED-133	FEMA-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, 2020	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)	/library/FED-133	/exhibit/FED-133
Ex. FED-143	FEMA-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, 2020	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)	/library/FED-143	/exhibit/FED-143
Ex. FED-147	FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	/library/FED-147	/exhibit/FED-147
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-183	Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices	Secretary of Health and Human Services	Mar. 24, 2020	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)	/library/FED-183	/exhibit/FED-183
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	/library/FED-292	/exhibit/FED-292
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. TX-001	Disaster Proclamation (COVID-19)	Governor Greg Abbott	Mar. 13, 2020	Governor Greg Abbott, Disaster Proclamation (COVID-19) (Mar. 13, 2020) (Ex. TX-001)	/library/TX-001	/exhibit/TX-001
Ex. TX-002	Suspension of Texas Open Meetings Act provisions (Gov't Code ch. 551)	Governor Greg Abbott (at the request of the Office of the Attorney General)	Mar. 16, 2020	Governor Greg Abbott (at the request of the Office of the Attorney General), Suspension of Texas Open Meetings Act provisions (Gov't Code ch. 551) (Mar. 16, 2020) (Ex. TX-002)	/library/TX-002	/exhibit/TX-002
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004
Ex. TX-005	Executive Order GA-10	Governor Greg Abbott	Mar. 24, 2020	Governor Greg Abbott, Executive Order GA-10 (Mar. 24, 2020) (Ex. TX-005)	/library/TX-005	/exhibit/TX-005
Ex. TX-008	Executive Order GA-14	Governor Greg Abbott	Mar. 31, 2020	Governor Greg Abbott, Executive Order GA-14 (Mar. 31, 2020) (Ex. TX-008)	/library/TX-008	/exhibit/TX-008
Ex. TX-011	Executive Order GA-18 (Apr. 27, 2020), para. 2(i)	Governor Greg Abbott	Apr. 27, 2020	Governor Greg Abbott, Executive Order GA-18 (Apr. 27, 2020), para. 2(i) (Ex. TX-011)	/library/TX-011	/exhibit/TX-011
Ex. TX-014	Executive Order GA-21	Governor Greg Abbott	May 5, 2020	Governor Greg Abbott, Executive Order GA-21 (May 5, 2020) (Ex. TX-014)	/library/TX-014	/exhibit/TX-014
Ex. TX-015	Executive Order GA-22	Governor Greg Abbott	May 7, 2020	Governor Greg Abbott, Executive Order GA-22 (May 7, 2020) (Ex. TX-015)	/library/TX-015	/exhibit/TX-015
Ex. TX-016	Executive Order GA-23	Governor Greg Abbott	May 18, 2020	Governor Greg Abbott, Executive Order GA-23 (May 18, 2020) (Ex. TX-016)	/library/TX-016	/exhibit/TX-016
Ex. TX-019	Executive Order GA-26	Governor Greg Abbott	June 3, 2020	Governor Greg Abbott, Executive Order GA-26 (June 3, 2020) (Ex. TX-019)	/library/TX-019	/exhibit/TX-019
Ex. TX-021	Executive Order GA-28	Governor Greg Abbott	June 26, 2020	Governor Greg Abbott, Executive Order GA-28 (June 26, 2020) (Ex. TX-021)	/library/TX-021	/exhibit/TX-021
Ex. TX-022	Executive Order GA-29	Governor Greg Abbott	July 2, 2020	Governor Greg Abbott, Executive Order GA-29 (July 2, 2020) (Ex. TX-022)	/library/TX-022	/exhibit/TX-022
Ex. TX-023	Executive Order GA-30	Governor Greg Abbott	Sept. 17, 2020	Governor Greg Abbott, Executive Order GA-30 (Sept. 17, 2020) (Ex. TX-023)	/library/TX-023	/exhibit/TX-023
Ex. TX-025	Executive Order GA-32	Governor Greg Abbott	Oct. 7, 2020	Governor Greg Abbott, Executive Order GA-32 (Oct. 7, 2020) (Ex. TX-025)	/library/TX-025	/exhibit/TX-025
Ex. TX-029	Executive Order GA-34	Governor Greg Abbott	Mar. 2, 2021	Governor Greg Abbott, Executive Order GA-34 (Mar. 2, 2021) (Ex. TX-029)	/library/TX-029	/exhibit/TX-029
Ex. TX-030	Executive Order GA-35	Governor Greg Abbott	Apr. 5, 2021	Governor Greg Abbott, Executive Order GA-35 (Apr. 5, 2021) (Ex. TX-030)	/library/TX-030	/exhibit/TX-030
Ex. TX-031	Executive Order GA-36	Governor Greg Abbott	May 18, 2021	Governor Greg Abbott, Executive Order GA-36 (May 18, 2021) (Ex. TX-031)	/library/TX-031	/exhibit/TX-031
Ex. TX-032	Senate Bill 968 (Act of June 16, 2021), § 161.0085 'COVID-19 Vaccine Passports Prohibited'	Texas Legislature (87th Leg., R.S.), Senate Bill 968, signed by Governor Abbott	June 16, 2021	Texas Legislature (87th Leg., R.S.), Senate Bill 968, signed by Governor Abbott, Senate Bill 968 (Act of June 16, 2021), § 161.0085 'COVID-19 Vaccine Passports Prohibited' (Ex. TX-032)	/library/TX-032	/exhibit/TX-032
Ex. TX-033	House Bill 1024 (Act of May 12, 2021): permanent pickup and delivery of alcoholic beverages with food	Texas Legislature (87th Leg., R.S.), House Bill 1024, signed by Governor Abbott	May 12, 2021	Texas Legislature (87th Leg., R.S.), House Bill 1024, signed by Governor Abbott, House Bill 1024 (Act of May 12, 2021): permanent pickup and delivery of alcoholic beverages with food (Ex. TX-033)	/library/TX-033	/exhibit/TX-033
Ex. TX-034	House Bill 1239 (Act of June 16, 2021): prohibited closure of places of worship	Texas Legislature (87th Leg., R.S.), House Bill 1239, signed by Governor Abbott	June 16, 2021	Texas Legislature (87th Leg., R.S.), House Bill 1239, signed by Governor Abbott, House Bill 1239 (Act of June 16, 2021): prohibited closure of places of worship (Ex. TX-034)	/library/TX-034	/exhibit/TX-034
Ex. TX-035	Executive Order GA-37	Governor Greg Abbott	July 28, 2021	Governor Greg Abbott, Executive Order GA-37 (July 28, 2021) (Ex. TX-035)	/library/TX-035	/exhibit/TX-035
Ex. TX-036	Executive Order GA-38	Governor Greg Abbott	July 29, 2021	Governor Greg Abbott, Executive Order GA-38 (July 29, 2021) (Ex. TX-036)	/library/TX-036	/exhibit/TX-036
Ex. TX-037	Executive Order GA-39	Governor Greg Abbott	Aug. 25, 2021	Governor Greg Abbott, Executive Order GA-39 (Aug. 25, 2021) (Ex. TX-037)	/library/TX-037	/exhibit/TX-037
Ex. TX-038	Proclamation renewing the COVID-19 disaster declaration	Governor Greg Abbott	Aug. 29, 2021	Governor Greg Abbott, Proclamation renewing the COVID-19 disaster declaration (Aug. 29, 2021) (Ex. TX-038)	/library/TX-038	/exhibit/TX-038
Ex. TX-040	Fortieth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9079	Supreme Court of Texas	July 19, 2021	Supreme Court of Texas, Fortieth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9079 (July 19, 2021) (Ex. TX-040)	/library/TX-040	/exhibit/TX-040
Ex. TX-041	Thirty-Ninth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9078 (Texas Eviction Diversion Program)	Supreme Court of Texas	July 19, 2021	Supreme Court of Texas, Thirty-Ninth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9078 (Texas Eviction Diversion Program) (July 19, 2021) (Ex. TX-041)	/library/TX-041	/exhibit/TX-041
Ex. TX-043	Texans Helping Texans: The Governor's Report to Open Texas (with DSHS minimum standard health protocols for reopened services)	Governor Greg Abbott; Governor's Strike Force to Open Texas; DSHS	Apr. 27, 2020	Governor Greg Abbott; Governor's Strike Force to Open Texas; DSHS, Texans Helping Texans: The Governor's Report to Open Texas (with DSHS minimum standard health protocols for reopened services) (Apr. 27, 2020) (Ex. TX-043)	/library/TX-043	/exhibit/TX-043
Ex. TX-044	Stay order, In re Greg Abbott, No. 21-0686 (Tex. Aug. 15, 2021) (Dallas County mask order)	Supreme Court of Texas	Aug. 15, 2021	Supreme Court of Texas, Stay order, In re Greg Abbott, No. 21-0686 (Tex. Aug. 15, 2021) (Dallas County mask order) (Ex. TX-044)	/library/TX-044	/exhibit/TX-044
Ex. TX-045	Stay order, In re Greg Abbott, No. 21-0687 (Tex. Aug. 15, 2021) (City of San Antonio and Bexar County mask order)	Supreme Court of Texas	Aug. 15, 2021	Supreme Court of Texas, Stay order, In re Greg Abbott, No. 21-0687 (Tex. Aug. 15, 2021) (City of San Antonio and Bexar County mask order) (Ex. TX-045)	/library/TX-045	/exhibit/TX-045
Ex. TX-046	Stay order, In re Greg Abbott, No. 21-0720 (Tex. Aug. 26, 2021) (Fourth Court of Appeals' order maintaining the Bexar County temporary injunction)	Supreme Court of Texas	Aug. 26, 2021	Supreme Court of Texas, Stay order, In re Greg Abbott, No. 21-0720 (Tex. Aug. 26, 2021) (Fourth Court of Appeals' order maintaining the Bexar County temporary injunction) (Ex. TX-046)	/library/TX-046	/exhibit/TX-046
Ex. TX-047	State of Texas v. El Paso County, No. 08-20-00226-CV (Tex. App.—El Paso Nov. 13, 2020) (corrected opinion) (reviewing El Paso County Emergency Order No. 13 of…	Court of Appeals for the Eighth District of Texas (Alley, C.J.)	Nov. 13, 2020	Court of Appeals for the Eighth District of Texas (Alley, C.J.), State of Texas v. El Paso County, No. 08-20-00226-CV (Tex. App.—El Paso Nov. 13, 2020) (corrected opinion) (reviewing El Paso County Emergency Order No. 13 of Oct. 29, 2020, extended by Order No. 14 to Dec. 1, 2020) (Ex. TX-047)	/library/TX-047	/exhibit/TX-047
Ex. TX-053	Public Health Guidance, 2021-22 school year (version of September 2, 2021; earlier versions Aug. 5 and Aug. 19, 2021)	Texas Education Agency (TEA)	Sept. 2, 2021	Texas Education Agency (TEA), Public Health Guidance, 2021-22 school year (version of September 2, 2021; earlier versions Aug. 5 and Aug. 19, 2021) (Sept. 2, 2021) (Ex. TX-053)	/library/TX-053	/exhibit/TX-053
Ex. TX-054	Emergency Rule, 22 TAC § 108.7 (Minimum Standard of Care, General) as published in the Texas Register of Sept. 4, 2020 (effective Aug. 25, 2020)	Texas State Board of Dental Examiners (TSBDE)	Aug. 25, 2020	Texas State Board of Dental Examiners (TSBDE), Emergency Rule, 22 TAC § 108.7 (Minimum Standard of Care, General) as published in the Texas Register of Sept. 4, 2020 (effective Aug. 25, 2020) (Ex. TX-054)	/library/TX-054
Ex. TX-055	Emergency Rule, 22 TAC § 108.7 (Minimum Standard of Care, General), amended emergency rule effective Feb. 19, 2021 (strikethrough version)	Texas State Board of Dental Examiners (TSBDE)	Feb. 19, 2021	Texas State Board of Dental Examiners (TSBDE), Emergency Rule, 22 TAC § 108.7 (Minimum Standard of Care, General), amended emergency rule effective Feb. 19, 2021 (strikethrough version) (Ex. TX-055)	/library/TX-055	/exhibit/TX-055
Ex. TX-060	Twenty-Seventh Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 20-9113 (Texas Eviction Diversion Program)	Supreme Court of Texas	Sept. 17, 2020	Supreme Court of Texas, Twenty-Seventh Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 20-9113 (Texas Eviction Diversion Program) (Sept. 17, 2020) (Ex. TX-060)	/library/TX-060	/exhibit/TX-060
Ex. TX-064	Thirty-Eighth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9060	Supreme Court of Texas	May 26, 2021	Supreme Court of Texas, Thirty-Eighth Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9060 (May 26, 2021) (Ex. TX-064)	/library/TX-064	/exhibit/TX-064
Ex. TX-065	Forty-Third Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9119	Supreme Court of Texas	Sept. 21, 2021	Supreme Court of Texas, Forty-Third Emergency Order Regarding the COVID-19 State of Disaster, Misc. Docket No. 21-9119 (Sept. 21, 2021) (Ex. TX-065)	/library/TX-065	/exhibit/TX-065

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=TX&quarters=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.