Eligibility report

Governmental Orders Record and Eligibility Analysis

Massachusetts

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 443 instruments cited; 418 exhibit files held. Not legal advice.

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

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: State Massachusetts and no metropolitan area (elsewhere in the State). Quarters: second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020), third quarter of 2020 (July 1, 2020 to Sept. 30, 2020), fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020), first quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021), second quarter of 2021 (Apr. 1, 2021 to June 30, 2021) and third quarter of 2021 (July 1, 2021 to Sept. 30, 2021). Options: the federal layer, agencies and boards, standing duties, group meetings and trade shows and the Service's fourteen sentences answered.

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

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

The report reproduces at covidproject.com/report?state=MA&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1. Every exhibit identifier in it resolves at covidproject.com/library/ followed by the identifier, and the exhibit file, where held, at covidproject.com/exhibit/ followed by the identifier.

Disclaimer

The COVID Project is a free public reference. This report is generated from public governmental instruments, published organizer notices, published legal authorities and public court filings that The COVID Project has retrieved and indexed; it reports what those documents say and when they were in force. It is not legal, tax or accounting advice, it does not create any professional relationship, it does not determine any person's eligibility for the Employee Retention Credit or the amount of any credit, and it is not a count of every order that existed. The COVID Project sells nothing and represents no one. Errors in any record can be reported through covidproject.com/contact with the exhibit identifier, and corrections are recorded with their dates.

2. Summary of findings

For each quarter selected, this section states what was in force for this selection on the quarter's first and last days, in the words of the Library's own quarter-by-quarter record for the State, the metropolitan area, the industry's regulators and the federal layer. Exhibit identifiers in parentheses name the instruments. The table that follows counts the instruments listed in section 5 by layer and quarter.

The federal layer of this report is the Library's two federal files: FED-A, the health, safety and transport layer, and FED-B, the commerce, travel, workplace and finance layer, including the orders of the federal courts those files hold. The ecosystem clusters and the federal agency clusters are listed in the Library's federal layer at covidproject.com/federal and are not part of this report's federal layer; a quarter page counts every federal-level instrument of the quarter across those clusters as well, so its figure is the larger of the two.

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

Massachusetts, first day (Apr. 1, 2020): In force: EO 591 state of emergency (MA-001); Order No. 13 closure of all non-essential brick-and-mortar workplaces, 10-person gathering cap and on-premises dining ban, as extended by Order No. 21 (eff. noon Apr. 1 with revised Essential Services list) (MA-008, MA-012); DPH Stay-at-Home Advisory (Mar. 23); Order No. 3/16 school closure to May 4 (MA-004, MA-011); Order No. 10/15 child-care closure (MA-006); Order No. 1 remote public meetings (MA-002); March 13-31 run-up: Orders No. 2, 5, 3, 10, 13 (MA-003, MA-005, MA-004, MA-006, MA-008).

Massachusetts, last day (June 30, 2020): In force: state of emergency; Order No. 33 Phase I rules and mandatory workplace safety standards (MA-017); Order No. 37 Phase II Step 1 (June 8) and Order No. 40 Step 2 (June 22): restaurants indoor and outdoor under sector rules, retail, hotels with no events, functions or meetings, close-contact personal services (MA-019, MA-021); Phase III and IV enterprises closed 'except as remote means permit' (Order No. 37 s. 1); Order No. 38 gatherings over 10 prohibited and stadiums, theaters, ballrooms, conference and convention halls 'shall remain closed' (MA-020); Order No. 31 face coverings (MA-016); schools closed through June 29 (Order No. 28, MA-014); child care reopening under EEC approval from June 26 with emergency programs to July 12 (Order No. 41, MA-022); DPH June 24 elective-procedures attestation order (MA-061); DPH visitor restrictions (MA-057); ch. 65 eviction and foreclosure moratorium (MA-052).

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

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

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

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

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

Massachusetts, first day (July 1, 2020): In force: Orders No. 33, 37, 40 (Phase II) with Phase III opening only on July 6 (July 13 in Boston) under Order No. 43 (MA-023); Order No. 38 10-person gathering cap until July 6/13 (MA-020); Order No. 31 masks; Order No. 41 child-care reopening rules; DPH June 24 elective attestation order (MA-061); DPH visitor restrictions; ch. 65 moratorium; SJC Third Updated Order (eff. July 1, 2020) reopening courthouses in stages and suspending jury trials (MA-072 index).

Massachusetts, last day (Sept. 30, 2020): Order No. 46 gatherings 25 indoor/50 outdoor with masks at gatherings over 10 (MA-026) until Order No. 52 took effect Oct. 5 (MA-032); Order No. 45 travel quarantine with $500-per-day fines (MA-025); Order No. 31 masks (MA-016); Order No. 48 penalties (MA-028); Order No. 50 outdoor dining extension and arcades (MA-030); DPH June 24 elective attestation order; ch. 65 moratorium (to Oct. 17, 2020).

The federal health, safety and transport layer, first day (July 1, 2020): July 1, 2020: national emergency, Stafford declarations, PHE (FED-011); No Sail (FED-028, then FED-029 from July 16); Title 42 (FED-036); FEMA PPE export rule (FED-075/076); DPA orders; FFCRA mandate and 29 C.F.R. part 826 (FED-170/171); CMS rules FED-090, FED-091 and QSOs; § 1135 waivers; EO 13945 from Aug. 8 (FED-066).

The federal health, safety and transport layer, last day (Sept. 30, 2020): Sept. 30, 2020: PHE renewed July 25 (FED-012); No Sail third extension (FED-030); Title 42 (FED-036); FEMA PPE rule as extended Aug. 10 (FED-077); CDC eviction moratorium from Sept. 4 (FED-022); CMS-3401-IFC nursing-home testing from Sept. 2 (FED-092) with QSO-20-38-NH (FED-168); QSO-20-39-NH visitation from Sept. 17 (FED-154); revised FFCRA rule from Sept. 16 (FED-172); QSO-20-35-ALL (FED-166).

The federal commerce, travel, workplace and finance layer, first day (July 1, 2020): In force: all seven entry proclamations (FED-200 to FED-204, FED-210 to FED-212); DHS land-border notifications of June 24 (to July 21) then July 22, Aug. 21 and Sept. 23, 2020 (FED-219 to FED-222, FED-242 to FED-245); M-20-23 maximum telework at agency discretion (FED-268); DoD conditions-based travel restrictions and the June 29, 2020 update (FED-283); N.D. Cal. GO 72-4 (civil jury trials through Sept. 30, 2020; limited criminal trials from July 1) (FED-331); N.D. Ill. Fifth Amended GO 20-0012 (July 10) (FED-338 series); N.D. Ga. GO 20-01 Fourth Amendment (no jury trials through July 31) (FED-316); D. Colo. GO 2020-8 (trials continued through July 6) (FED-288); D.N.J. and D. Md. continuances; C.D. Cal. masks (FED-285); FHFA/HUD/VA moratoria to Aug. 31 (FED-348, FED-359, FED-371, FED-372); CARES § 4024 to July 24 (FED-340); DOS phased resumption from July 15 (FED-328); USDA Service Centers by phone appointment (FED-391); USACE areas reopening location by location (FED-393).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2020): In force: the entry proclamations; DHS notification of Sept. 23, 2020 (to Oct. 21) (FED-222, FED-245); M-20-23 (FED-268); DoD conditions-based restrictions (FED-283); N.D. Cal. GO 72-6 (Sept. 16: courthouses closed to public events; remote appearances) (FED-333); N.D. Ill. Sixth Amended GO 20-0012 (Sept. 4); FHFA moratoria to Dec. 31 (Aug. 27) (FED-349), HUD ML 2020-27 (Aug. 27) (FED-360), VA Circulars 26-20-29 and 26-20-30 (Aug. 24) (FED-373, FED-374); EO 13945 (FED-A) and the student-loan payment relief memorandum (Aug. 8) (FED-345); H-2A partial extension (Aug. 20) (FED-322); the CDC eviction order (FED-A) from Sept. 4.

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

Massachusetts, first day (Oct. 1, 2020): In force: Order No. 43 Phase III Step 1 (Step 2 from Oct. 5 in Lower Risk Communities only, Order No. 51); Order No. 46 gatherings 25/50 to Oct. 5 then Order No. 52 (25 indoor; 50 outdoor at homes; 50/100 at venues; masks at gatherings over 10; ABCC license suspension) (MA-032); Order No. 45 travel order; Order No. 31 masks; DPH elective attestation order; ch. 65 moratorium (expired Oct. 17, 2020).

Massachusetts, last day (Dec. 31, 2020): In force: Order No. 53 s. 1-2 mandatory 9:30 p.m.-5 a.m. closing of restaurants, entertainment, recreation, personal services, fitness, casinos and a nightly ban on alcohol and cannabis sales (MA-033); Order No. 55 masks everywhere in public, indoors and outdoors (MA-035); DPH Stay at Home Advisory 10 p.m.-5 a.m. (recited in Orders No. 53 and 54); Order No. 58 statewide return to Phase III Step 1 with Step 2 enterprises closed (MA-039); Order No. 57 gatherings 10/25 at homes and 25/50 at venues, all gatherings to end by 9:30 p.m. (MA-038) as cut by Order No. 59 to 10 indoor/25 outdoor everywhere; Order No. 59 25 percent capacity for restaurants, offices, retail, worship, fitness, personal services, theaters, casinos, lodging, libraries, museums and 'sectors not otherwise addressed' (MA-040); Order No. 45 travel order; DPH Dec. 7 order curtailing non-essential elective invasive procedures (eff. Dec. 11; recited in MA-066); DPH Nov. 5 LTC control order (MA-064).

The federal health, safety and transport layer, first day (Oct. 1, 2020): Oct. 1, 2020: national emergency, Stafford declarations, PHE (FED-012; renewed Oct. 23, FED-013); No Sail (FED-030) to Oct. 31 then Conditional Sailing Order from Oct. 30 (FED-031); Title 42 order of Oct. 13 (FED-037) under the final rule (FED-048); FEMA PPE rule (FED-077); CDC eviction moratorium (FED-022); FFCRA mandate (to Dec. 31); CMS-3401-IFC testing; CMS-9912-IFC from Nov. 2 (FED-093); DPA orders.

The federal health, safety and transport layer, last day (Dec. 31, 2020): Dec. 31, 2020: all of the above; FEMA PPE rule re-extended Dec. 31 to June 30, 2021 (FED-078); CDC eviction moratorium extended by Pub. L. 116-260 § 502 to Jan. 31, 2021 (FED-173); UK pre-departure testing order from Dec. 28 (FED-040); FFCRA leave mandate expires this day (FED-170); Pfizer and Moderna EUAs Dec. 11 and 18 (FED-185, FED-186, context).

The federal commerce, travel, workplace and finance layer, first day (Oct. 1, 2020): In force: the entry proclamations; DHS notification of Sept. 23 (to Oct. 21), then Oct. 22, Nov. 23 and Dec. 22, 2020 (FED-222 to FED-225, FED-245 to FED-248); M-20-23 (FED-268); DoD Oct. 5, 2020 conditions-based update (FED-283); N.D. Cal. GO 72-6 and GO 73 (FED-333, FED-334); N.D. Ill. Sixth Amended GO 20-0012; D.N.J. Standing Orders 20-12 (extended Sept. 2020), 20-13, 20-14, 20-16 (FED-302); C.D. Cal. masks (FED-285); FHFA/HUD/VA moratoria to Dec. 31, 2020 (FED-349, FED-360, FED-373, FED-374); CARES § 4022 forbearance (FED-340).

The federal commerce, travel, workplace and finance layer, last day (Dec. 31, 2020): In force: the entry proclamations, with Proclamation 10131 (Dec. 31) extending 10014 and 10052 to Mar. 31, 2021 (FED-213); DHS notification of Dec. 22, 2020 (to Jan. 21, 2021) (FED-225, FED-248); M-20-23 (FED-268); DoD conditions-based restrictions (FED-283); N.D. Ill. Eighth Amended GO 20-0012 (Nov. 13: all jury trials suspended until further order) (FED-339); D.N.J. Standing Order 20-17 (Nov. 25: all in-person proceedings suspended through Jan. 31, 2021) and the Third Extension of SO 20-12 (Dec. 17) (FED-303, FED-304); N.D. Cal. GO 72-6 (FED-333); FHFA moratoria to Jan. 31, 2021 (Dec. 2) (FED-350); HUD ML 2020-43 to Feb. 28, 2021 (Dec. 17) (FED-361); VA Circular 26-20-40 to Feb. 28, 2021 (Dec. 28) (FED-375); USDA extension (FED-382); H-2A extension (Dec. 18) (FED-323).

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

Massachusetts, first day (Jan. 1, 2021): In force: everything listed for Dec. 31, 2020 (Orders No. 53, 55, 57, 58, 59 as extended by Order No. 60 to Jan. 24; Order No. 45; DPH Dec. 7 elective order; DPH LTC control order).

Massachusetts, last day (Mar. 31, 2021): In force: Order No. 66 Phase IV Step 1 (eff. Mar. 22): large venues at 12 percent with DPH safety plans, Phase IV Step 2 enterprises (bars, dance clubs, nightclubs, amusement parks, saunas, festivals, road races, dance floors) closed (MA-045); Order No. 65 Phase III Step 2 rules (MA-044); Order No. 63 gatherings 10 indoor/25 outdoor at homes and, per the Mar. 18 appendix, 100/150 at event venues from Mar. 22, masks at public gatherings, $500 per person over the limit (MA-043); Order No. 55 masks everywhere in public (MA-035); sector capacity at 40 percent (Order No. 63; DLS protocols); travel order rescinded Mar. 22 and replaced by a DPH advisory (MA-045); DPH elective order rescinded Mar. 1 (MA-066); DPH LTC control order; ch. 257 of 2020 eviction protections.

The federal health, safety and transport layer, first day (Jan. 1, 2021): Jan. 1, 2021: national emergency, Stafford declarations, PHE (FED-013; renewed Jan. 21, FED-014); Conditional Sailing Order (FED-031); Title 42 (FED-037); FEMA PPE rule (FED-078); CDC eviction moratorium (statutory extension, then FED-023 from Jan. 31); UK testing order (FED-040); CMS rules and testing; DPA orders. FFCRA mandate no longer in force (voluntary credits only, FED-173).

The federal health, safety and transport layer, last day (Mar. 31, 2021): Mar. 31, 2021: all of the above plus EO 13991 (Jan. 20, FED-060), EO 13998 and 13999 (Jan. 21, FED-061, FED-062); global inbound testing order from Jan. 26 (FED-041/042); DHS transportation emergency determination Jan. 27 (FED-057); CDC conveyance mask order from Feb. 1 (FED-020) and TSA SDs from Feb. 1 (FED-050, FED-053 to FED-055); national emergency continued Feb. 24 (FED-002); Janssen EUA Feb. 27 (FED-187, context); OSHA NEP from Mar. 12 (FED-082); QSO-20-39-NH rev. Mar. 10 (FED-155); ARPA enacted Mar. 11 (FED-174); CDC eviction moratorium extended Mar. 29 to June 30 (FED-024).

The federal commerce, travel, workplace and finance layer, first day (Jan. 1, 2021): In force: Proclamations 9984, 9992, 9993, 9996, 10041, 10014, 10052 (as extended by 10131) (FED-200 to FED-204, FED-210 to FED-213); DHS notification of Dec. 22, 2020 (FED-225, FED-248), corrected Jan. 19 and renewed Jan. 19 (to Feb. 21), Feb. 23 (to Mar. 21) and Mar. 19, 2021 (to Apr. 21) (FED-226 to FED-229, FED-249 to FED-252); M-20-23 (FED-268) until EO 13991 (Jan. 20) and M-21-15 (Jan. 24: 25 percent occupancy cap, masks, visitor minimization, mission-critical travel only) (FED-270); DoD conditions-based restrictions (FED-283); N.D. Ill. Eighth then Ninth (Jan. 12) and Tenth Amended GO 20-0012 (Feb. 12: jury trials suspended until Apr. 5, 2021) (FED-339, FED-296); D.N.J. SO 21-02 (January: in-person proceedings suspended to Mar. 17, jury trials to Mar. 12) and SO 21-04 (Mar. 11: jury trials continued to June 1, 2021) (FED-305, FED-306); N.D. Cal. GO 72-6 (FED-333); C.D. Cal. masks (FED-285); FHFA moratoria to Jan. 31 then Feb. 28 (Jan. 19), Mar. 31 (Feb. 9) and June 30, 2021 (Feb. 25) (FED-350 to FED-353); HUD ML 2021-03 (Jan. 21: to Mar. 31) and 2021-05 (Feb. 16: to June 30) (FED-362, FED-363); VA Circulars 26-21-2 (Jan. 29: to Mar. 31) and 26-21-5 (Feb. 16: to June 30) (FED-376, FED-377); USDA extensions (FED-382).

The federal commerce, travel, workplace and finance layer, last day (Mar. 31, 2021): In force: Proclamations 9984, 9992 and 10143 (from Jan. 26, with South Africa from Jan. 30) (FED-207); Proclamation 10052 expired at the end of this day (FED-211); Proclamation 10014 revoked Feb. 24 (FED-214); DHS notification of Mar. 19, 2021 (to Apr. 21) (FED-229, FED-252); EO 13991 and M-21-15 (FED-270); DoD Mar. 15, 2021 memorandum (until further notice) (FED-280); N.D. Ill. Tenth Amended GO 20-0012 (jury trials suspended until Apr. 5) (FED-296); D.N.J. SO 21-04 (jury trials continued to June 1) (FED-306); N.D. Cal. GO 72-6 and 73 (FED-333, FED-334); C.D. Cal. masks (FED-285); FHFA, HUD and VA moratoria to June 30, 2021 (FED-353, FED-363, FED-377); H-2A flexibilities (FED-323).

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

Massachusetts, first day (Apr. 1, 2021): In force: Order No. 66 Phase IV Step 1 with Step 2 closed; Order No. 63 gatherings and appendix; Order No. 55 masks everywhere; sector protocols at 40 percent; DPH LTC control order; state of emergency.

Massachusetts, last day (June 30, 2021): In force: the Governor's May 28, 2021 c. 17, s. 2A public health emergency declaration (MA-049); DPH face-covering order for health care, congregate care, shelters, corrections, HHS day programs and home health workers (eff. May 29; reissued June 14 as Attachment N) (MA-050, MA-054); PHE Order No. 2021-1 reissuing fourteen DPH orders including LTC control, uninsured testing billing ban and congregate-care testing (MA-054); ch. 20 of the Acts of 2021 (June 16) extending outdoor dining and alcohol approvals, takeout alcohol, remote meetings and notarization (MA-053); the federal CDC transit mask order and CDC eviction order. Not in force: all Civil Defense Act COVID-19 Orders (rescinded 12:01 a.m. May 29 or expired June 15 under Order No. 69, MA-048); the state of emergency (terminated 12:01 a.m. June 15).

The federal health, safety and transport layer, first day (Apr. 1, 2021): Apr. 1, 2021: national emergency (FED-002), Stafford declarations, PHE (FED-014; renewed Apr. 21, FED-015); CDC conveyance mask order (FED-020) and TSA SDs (FED-050 series); inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 (FED-037); FEMA PPE rule (FED-078); CDC eviction moratorium (FED-024); EO 13991; OSHA NEP (FED-082); CMS testing and reporting rules; DPA orders.

The federal health, safety and transport layer, last day (June 30, 2021): June 30, 2021: all of the above plus TSOB ratification Apr. 20 (FED-056); TSA SD -01A from May 12 (FED-051); QSO-20-39-NH rev. Apr. 27 (FED-156); CSO Technical Instructions (FED-032); CMS-3414-IFC from May 21 (FED-094) with QSO-21-19-NH (FED-163); OSHA Healthcare ETS effective June 21 (FED-080) with DIR 2021-02 from June 28 (FED-081); CDC eviction moratorium extended June 24 to July 31 (FED-025). FEMA PPE export rule expires this day (FED-078/079).

The federal commerce, travel, workplace and finance layer, first day (Apr. 1, 2021): In force: Proclamations 9984, 9992, 10143 (FED-200, FED-201, FED-207); DHS notification of Mar. 19 (to Apr. 21), then Apr. 22 (to May 21), May 24 (to June 21) and June 23, 2021 (to July 21) (FED-229 to FED-232, FED-252 to FED-255); EO 13991 and M-21-15 occupancy cap and masks until June 10 (FED-270); DoD Mar. 15, 2021 restrictions (FED-280); N.D. Ill. GO 21-0006 (Feb. 17, 2021) plan for resumption of jury trials, amended May 26 with vaccination-or-testing conditions (FED-297); D.N.J. SO 21-04 (jury trials to June 1) (FED-306); N.D. Cal. GO 72-6 and 73 (FED-333, FED-334); C.D. Cal. masks (FED-285); FHFA, HUD, VA and USDA moratoria to June 30, 2021 (FED-353, FED-363, FED-377, FED-382).

The federal commerce, travel, workplace and finance layer, last day (June 30, 2021): In force: Proclamations 9984, 9992, 10143 and 10199 (India, from May 4) (FED-207, FED-208); DHS notification of June 23, 2021 (to July 21) (FED-232, FED-255); EO 13991 with M-21-25 (June 10: occupancy cap lifted; reentry plans due July 19; 30 days' notice) (FED-271); DoD Mar. 15, 2021 restrictions (FED-280); N.D. Ill. GO 21-0006 as amended May 26 and Fifth Amended GO 20-0022 (June 21: video criminal proceedings to Oct. 4, 2021) (FED-297, FED-301); D. Md. Amended Standing Order 2021-07 (effective July 1) (FED-313); N.D. Cal. GO 78 (June 23, effective July 1) (FED-337); C.D. Cal. masks (FED-285); D.N.J. SO 20-13 masks and 21-04 as amended (FED-302, FED-307); FHFA, HUD, VA and USDA moratoria extended June 24-25 to July 31, 2021 (FED-354, FED-364, FED-378, FED-384); HUD and VA forbearance windows to Sept. 30, 2021 (FED-364, FED-378); CFPB final rule issued June 28 (effective Aug. 31) (FED-344).

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

Massachusetts, first day (July 1, 2021): In force: May 28, 2021 public health emergency declaration (MA-049); DPH face-covering order in health-care and congregate settings (MA-050/MA-054 Att. N); PHE Order No. 2021-1 reissued orders (MA-054) including the LTC control order (MA-064), the uninsured-testing billing ban and congregate-care testing; PHE Order No. 2021-2 (June 30); ch. 20 of 2021 measures (MA-053); DESE and EEC health and safety authority under 603 CMR 27.08; SJC Seventh Updated Order and Trial Court orders (MA-072 index, 2021 capture); federal layer (CDC conveyance mask order 86 Fed. Reg. 8025; TSA SD 1582/84-21-01 series; OSHA Healthcare ETS 29 C.F.R. 1910.502 from June 21, 2021; CDC eviction order to Aug. 26, 2021).

Massachusetts, last day (Sept. 30, 2021): In force: all of the above plus PHE Order No. 2021-3 (July 30, vaccine storage in LTC and ALR); PHE Order No. 2021-4 (Aug. 4) nursing-home personnel vaccination by Oct. 10, 2021, first dose by Sept. 1, admissions freeze below 75 percent (MA-067); 101 CMR 23.00 (eff. Aug. 13) (MA-070); Executive Order No. 595 (Aug. 19) executive-department vaccination by Oct. 17 (MA-068); PHE Orders No. 2021-5 (Aug. 20), 2021-6 (Aug. 26), 2021-7 (Sept. 2), 2021-8 (Sept. 15/20); DESE mask requirement for all public-school students over five and staff (Aug. 25, through at least Oct. 1, 2021) (MA-071); 105 CMR 159.000 (eff. Sept. 8) home care worker and PCA vaccination by Oct. 31, 2021 (MA-069); DPH July 30, 2021 mask advisory (advisory only). Not in force: the Governor's Civil Defense Act orders (Nos. 1-69), the state of emergency, the statewide general mask mandate, gathering caps, capacity limits, the travel order, the early-closing order and the Phase schedule.

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

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

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

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

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

Layer	2020 Q2	2020 Q3	2020 Q4	2021 Q1	2021 Q2	2021 Q3	Total
Federal layer	179	163	160	175	165	167	330
State of Massachusetts	30	25	34	32	30	14	68
Agencies, boards and authorities	10	12	15	18	22	22	40
Standing duties	51	55	60	54	63	49	79
All layers	270	255	269	279	280	252	517

3. The statute and the test

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

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

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

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

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

The partial-suspension test and how this report applies it

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

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

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

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

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

How this report was assembled

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

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

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

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

4. The orders, quarter by quarter

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

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

Federal layer

Ex. FED-192

Guidelines for Opening Up America Again (Apr. 16, 2020)

Guidelines for Opening Up America Again

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

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

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

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

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

Ex. FED-097

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

QSO-20-14-NH (REVISED)

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

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

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

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

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

Ex. FED-190

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

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

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

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

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

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

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

Ex. FED-191

30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)

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

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

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

Enforcement: None (guidance)

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

Ex. FED-157

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

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

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

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

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

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

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

Ex. FED-290

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

Supreme Court Building closed to the public until further notice

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

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

Enforcement: Supreme Court Police

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

Ex. FED-338

General Order 20-0012 (original)

In re: Coronavirus COVID-19 Public Emergency

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

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

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

Enforcement: court order

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

Ex. FED-027

CDC No Sail Order and Suspension of Further Embarkation

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

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

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

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

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

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

Ex. FED-279

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

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

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

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

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

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

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

Ex. FED-291

Press release of March 16, 2020 (postponement of the March 2020 argument session)

Supreme Court postpones oral arguments scheduled for the March session

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

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

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

Enforcement: order of the Court

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

Ex. FED-317

General Order 72

In re: Coronavirus Disease Public Health Emergency

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

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

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

Enforcement: court order

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

Ex. FED-264

OMB Memorandum M-20-16

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

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

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

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

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

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

Ex. FED-390

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

Hoover Dam temporarily closed to all visitors

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

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

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

Enforcement: Reclamation facility order

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

Ex. FED-324

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

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

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

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

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

Enforcement: agency closure

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

Ex. FED-387

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

National Park Service to Temporarily Suspend Park Entrance Fees

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

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

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

Enforcement: Secretarial direction

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

Ex. FED-284

Order of the Chief Judge No. 20-042

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

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

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

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

Enforcement: court order; U.S. Marshals

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

Ex. FED-310

Second Amended Standing Order 2020-02

In re: Restrictions on Visitors to Courthouses

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

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

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

Enforcement: court order; court security officers

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

Ex. FED-391

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

USDA Service Centers Open for Business by Phone Appointment Only

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

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

Enforcement: USDA operating directive

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

Ex. FED-389

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

BLM Temporarily Closes Developed Recreation Facilities in Oregon

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

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

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

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

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

Ex. FED-293

Press release of April 3, 2020 (postponement of the April 2020 argument session)

Supreme Court postpones the April session oral arguments

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

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

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

Enforcement: order of the Court

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

Ex. FED-158

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

Non-Emergent, Elective Medical Services, and Treatment Recommendations

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

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

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

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

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

Ex. FED-294

Press release of April 13, 2020 (telephone arguments in May 2020)

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

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

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

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

Enforcement: order of the Court

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

Ex. FED-028

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-159

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

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

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

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

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

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

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

Ex. FED-318

General Order 72-2

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

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

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

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

Enforcement: court order

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

Ex. FED-398

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

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

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

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

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

Enforcement: House rule

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

Ex. FED-334

General Order 73 (Amended May 21, 2020)

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

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

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

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

Enforcement: court order; court security

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

Ex. FED-393

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

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

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

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

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

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

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

Ex. FED-010

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

Determination that a Public Health Emergency Exists

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

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

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

Enforcement: Predicate; the enabled instruments carry their own enforcement

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

Ex. FED-200

Proclamation 9984

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-180

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

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

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

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

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

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

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

Ex. FED-181

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

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

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

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

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

Enforcement: Framework for FDA emergency use authorizations

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

Ex. FED-001

Proclamation 9994

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-160

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

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

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

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

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

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

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

Ex. FED-182

Emergency Use Declaration: personal respiratory protective devices

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

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

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

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

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

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

Ex. FED-201

Proclamation 9992

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-096

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

QSO-20-13-Hospitals

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

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

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

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

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

Ex. FED-164

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

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

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

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

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

Enforcement: Governs federal survey operations

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

Ex. FED-088

Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)

Guidance on Preparing Workplaces for COVID-19

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

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

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

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

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

Ex. FED-098

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

QSO-20-18-HHA

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

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

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

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

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

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

State of Massachusetts

Ex. MA-008

COVID-19 Order No. 13

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

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 24, 2020 to Apr. 7, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateGathering capAlcohol and barsWorkplace rulesSupply chain
Functions reached: SF/OF all non-essential premises closed to workers and customers; CB customer base under the DPH Stay-at-Home Advisory; DR/BA dining rooms and bars closed; GATH events, conferences, weddings, funerals over 10; SC suppliers closed statewide; WS worship under the 10-person cap; OP remote operation compelled
Grade: Primary source read
Days in this quarter: 15

All businesses and other organizations that do not provide COVID-19 Essential Services shall close their physical workplaces and facilities ("brick-and-mortar premises") to workers, customers, and the public as of 12:00 noon on March 24, 2020 and shall not re-open to workers, customers, or the public before 12:00 noon on April 7, 2020.... Businesses and other organizations that do not provide COVID-19 Essential Services are encouraged to continue operations where they are able to operate through remote means that do not require workers, customers, or the public to enter or appear at the brick-and-mortar premises closed by this Order.... Gatherings of more than 10 people are prohibited throughout the Commonwealth.... Restaurants, bars, or other establishments that offer food or beverages to the public shall not permit on-premises consumption of food or beverages.... The DPH Guidance shall…

Enforcement: DPH and any board of health or authorized agent under G.L. c. 111, s. 30, with State or municipal police; 'Violation of the terms of this Order or the DPH Guidance may result in a criminal penalty pursuant to Section 8 of Chapter 639 of the Acts of 1950 or a civil fine of up to $300 per violation, in the manner provided for non-criminal disposition of violations of municipal by-law, ordinance…

Citation: Governor Charles D. Baker, COVID-19 Order No. 13 (Mar. 23, 2020) (Ex. MA-008) Open the exhibit

Ex. MA-017

COVID-19 Order No. 33

Order Implementing a Phased Reopening of Workplaces and Imposing Workplace Safety Measures to Address COVID-19

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from May 18, 2020 to May 29, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureTelework mandateCapacity limitGathering capFace-covering requirementWorkplace rules
Functions reached: PF/JS manufacturing and construction under mandatory safety rules; OF offices at limited capacity, Boston delayed to June 1; SL salons and barbers from May 25; SF non-essential retail still closed; curbside from May 25; EMP written control plans, distancing, masks, hygiene, cleaning; WS worship reopened under sector rules
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

Beginning on the dates specified below, businesses and other organizations that are included within the Phase I categories below are permitted to operate from their physical workplaces and facilities... provided they comply with all workplace safety rules and standards issued or maintained pursuant to Section 2... Beginning May 18, 2020: A. COVID-19 Essential Services... B. Manufacturing... C. Construction... D. Places of Worship... E. Firearms retailers and shooting ranges. Beginning May 25, 2020: F. General Use Offices... provided that such offices located within the limits of the City of Boston shall not be open before June 1, 2020; G. Car Washes; H. Hair Salons and Barber Shops; I. Pet Groomers; J. Drive-In Movie Theaters; K. Laboratories; L. Certain Outdoor Recreational Facilities... Businesses and other organizations not included within categories A-L above remain subject to the…

Enforcement: DLS and DPH directives, regulations and guidance; municipal boards of health concurrent authority; civil fine up to $300 per violation; injunction; self-certification and posted attestation required before opening (s. 3); s. 6 uniformity clause barring stricter municipal workplace rules

Citation: Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017) Open the exhibit

Ex. MA-005

COVID-19 Order No. 5

Order Prohibiting Gatherings of More Than 25 People and On-Premises Consumption of Food or Drink

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 17, 2020 to Mar. 24, 2020 (issued Mar. 15, 2020)
Quarters: 2020 Q2
Limitations: Business closureGathering capAlcohol and barsEvents and venues
Functions reached: DR/BA dining rooms and bars closed; BQ banquets and catering; GATH gatherings over 25 incl. gyms and private clubs
Grade: Primary source read
Days in this quarter: 8

Gatherings of over 25 people are prohibited throughout the Commonwealth.... Any restaurant, bar, or establishment that offers food or drink shall not permit on-premises consumption of food or drink; provided that such establishments may continue to offer food for take-out and by delivery provided that they follow the social distancing protocols set forth in Department of Public Health guidance.

Enforcement: DPH and boards of health with State or municipal police; penalties under St. 1950, c. 639, s. 8

Citation: Governor Charles D. Baker, COVID-19 Order No. 5 (Mar. 15, 2020) (Ex. MA-005) Open the exhibit

Ex. MA-012

COVID-19 Order No. 21

Order Extending the Closing of Certain Workplaces and the Prohibition on Gatherings of More Than 10 People (Extending the Operation of COVID-19 Order No. 13)

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 31, 2020 to May 4, 2020
Quarters: 2020 Q2
Limitations: Business closureGathering capSupply chain
Functions reached: all non-essential premises; JS public works construction sites (MassDOT guidance)
Grade: Primary source read
Days in this quarter: 35

The provisions of the March 23, 2020 Order... ("COVID-19 Order No. 13") are hereby extended until May 4, 2020. Accordingly, all businesses and other organizations that do not provide COVID-19 Essential Services shall not re-open their bricks-and-mortar premises to workers, customers, or the public before May 4, 2020. Gatherings of more than 10 people also remain prohibited until May 4, 2020. Effective at 12:00 noon on April 1, 2020, Exhibit A of the previously issued COVID-19 Order No. 13 is hereby replaced with the attached, updated Exhibit A.

Enforcement: DPH and boards of health continue to enforce Order No. 13 (criminal penalty under c. 639, s. 8, or $300 civil fine)

Citation: Governor Charles D. Baker, COVID-19 Order No. 21 (Mar. 31, 2020) (Ex. MA-012) Open the exhibit

Ex. MA-015

COVID-19 Order No. 30

Order Further Extending the Closing of Certain Workplaces and the Prohibition on Gatherings of More Than 10 People

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Apr. 28, 2020 to May 18, 2020
Quarters: 2020 Q2
Limitations: Business closureGathering cap
Functions reached: all non-essential premises
Grade: Primary source read
Days in this quarter: 21

The provisions of the March 23, 2020 Order... are hereby extended until May 18, 2020. Accordingly, all businesses and other organizations that do not provide COVID-19 Essential Services shall not re-open their bricks-and-mortar premises to workers, customers, or the public before May 18, 2020. Gatherings of more than 10 people also remain prohibited until May 18, 2020.

Enforcement: As in Order No. 13

Citation: Governor Charles D. Baker, COVID-19 Order No. 30 (Apr. 28, 2020) (Ex. MA-015) Open the exhibit

Ex. MA-019

COVID-19 Order No. 37

Order Authorizing the Re-Opening of Phase II Enterprises

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from June 8, 2020 to May 29, 2021 (issued June 6, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureTelework mandateCapacity limitAlcohol and barsEvents and venuesWorkplace rules
Functions reached: SF retail incl. enclosed malls from June 8; DR outdoor dining June 8, indoor June 22; LG hotels with no events, functions or meetings; SL close-contact services June 22; FC/PE/AM Phase III and IV closed; MC meetings, functions, conventions closed
Grade: Primary source read
Days in this quarter: 23 (in force on the last day)

Businesses and other organizations that are designated as Phase III and Phase IV enterprises on the chart attached as Schedule A must keep their brick-and-mortar premises closed to workers, customers, and the public and may not conduct Phase III and IV activities except as remote means permit.... Step 1: On June 8, 2020, Phase II enterprises that are not designated as Step 2 enterprises may open their brick-and-mortar premises to workers, customers, and the public. Restaurants are authorized to provide outdoor table service beginning with the June 8 commencement of Step 1.... Effective upon the commencement of Step 2 a. close contact personal services... may open...; and b. Restaurants may commence indoor table service.... No municipal or other local authority should adopt or enforce any workplace health or safety rule to address COVID-19 that is in addition to, stricter than, or…

Enforcement: Self-certification before opening (s. 3); DLS/DPH/EEA rules; municipal boards of health concurrent authority; civil fine up to $300 per violation under G.L. c. 277, s. 70C; injunction (s. 4)

Citation: Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (Ex. MA-019) Open the exhibit

Ex. MA-020

COVID-19 Order No. 38

Revised Order Regulating Gatherings Throughout the Commonwealth

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from June 8, 2020 to July 6, 2020 (issued June 6, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Business closureGathering capFace-covering requirementEvents and venues
Functions reached: MK/EV conferences, conventions, trade shows; BQ/MC banquets and functions; PE venues closed; GATH weddings, funerals, fundraisers
Grade: Primary source read
Days in this quarter: 23 (in force on the last day)

Gatherings that bring together more than 10 persons into close physical proximity in any confined indoor or outdoor space remain prohibited throughout the Commonwealth.... Stadiums, arenas, theaters, concert halls, ballrooms, conference facilities, exhibition and convention halls, and similar venues that are designed or operated to accommodate gatherings and other assemblages of people shall remain closed.... Street festivals, agricultural festivals, walk-a-thons, road races and bike races, and other outdoor organized athletic or recreational events that gather large numbers of participants or spectators outdoors are prohibited until further Order.

Enforcement: Civil fine up to $300 per violation under G.L. c. 277, s. 70C; injunction

Citation: Governor Charles D. Baker, COVID-19 Order No. 38 (June 6, 2020) (Ex. MA-020) Open the exhibit

Ex. MA-021

COVID-19 Order No. 40

Order Further Advancing the Re-Opening of Phase II Enterprises

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from June 22, 2020 to May 29, 2021 (issued June 19, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCapacity limitWorkplace rules
Functions reached: DR indoor dining resumed under capacity and spacing rules; SL nail, massage, tattoo and personal training
Grade: Primary source read
Days in this quarter: 9 (in force on the last day)

Step 2 of Phase II of the Commonwealth's Re-Opening Plan shall commence at 12:01 am on Monday, June 22, 2020. Effective upon the commencement of Step 2 a. close contact personal services, as defined in COVID-19 Order No. 37 and in any implementing rules or regulations, may open their brick-and-mortar premises to workers, customers, and the public; and b. restaurants, as defined in COVID-19 Order No. 37, may commence indoor table service.

Enforcement: All Phase II rules, Sector-Specific Rules and Order No. 37 s. 4 penalties apply

Citation: Governor Charles D. Baker, COVID-19 Order No. 40 (June 19, 2020) (Ex. MA-021) Open the exhibit

Ex. MA-002

COVID-19 Order No. 1

Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, s. 20

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 12, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capCourts and public offices
Functions reached: CRT permit boards, licensing boards, zoning and planning boards meeting remotely; BD/PJ public hearings and approvals moved online
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

A public body, as defined in section 18 of chapter 30A of the General Laws, is hereby relieved from the requirement of section 20 of chapter 30A that it conduct its meetings in a public place that is open and physically accessible to the public, provided that the public body makes provision to ensure public access to the deliberations of the public body for interested members of the public through adequate, alternative means.... Public bodies are hereby authorized to allow remote participation by all members in any meeting of the public body. The requirement that a quorum of the body and the chair be physically present at a specified meeting location, as provided in G.L. c. 30A, s. 20(d) and in 940 CMR 29.10(4)(b), is hereby suspended.

Enforcement: Open Meeting Law enforcement by the Attorney General otherwise unchanged (s. 4)

Citation: Governor Charles D. Baker, COVID-19 Order No. 1 (Mar. 12, 2020) (Ex. MA-002) Open the exhibit

Ex. MA-003

COVID-19 Order No. 2

Order Prohibiting Gatherings of More Than 250 People

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 13, 2020 to Mar. 17, 2020
Quarters: 2020 Q2
Limitations: Gathering capEvents and venues
Functions reached: MK/EV conventions, trade shows, conferences; GATH sporting events, concerts, worship over 250
Grade: Primary source read
Days in this quarter: 5 (in force on the first day)

Gatherings of over 250 people are prohibited throughout the Commonwealth. Gatherings subject to this Order include, without limitation, community, civic, public, leisure, faith-based events, sporting events with spectators, concerts, conventions, fundraisers, parades, fairs, festivals, and any similar event or activity that brings together 250 or more persons in a single room or single space at the same time in a venue such as an auditorium, stadium, arena, large conference room, meeting hall, theatre, or any other confined indoor or outdoor space.

Enforcement: DPH and local boards of health, with State or municipal police; penalties under St. 1950, c. 639, s. 8 (the order's text reads 'Chapter 631')

Citation: Governor Charles D. Baker, COVID-19 Order No. 2 (Mar. 13, 2020) (Ex. MA-003) Open the exhibit

Ex. MA-006

COVID-19 Order No. 10

Order Temporarily Closing All Child Care Programs and Authorizing the Temporary Creation and Operation of Emergency Child Care Programs

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 22, 2020 to Sept. 30, 2020 (issued Mar. 18, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Business closureSchools and child care
Functions reached: WF workforce (parents without care); EC child-care operations closed except emergency programs
Grade: Primary source read
Days in this quarter: 101 (in force on the last day)

All licensed, approved, or exempt child care programs in the Commonwealth shall suspend all normal operations by the end of the day on March 22, 2020 and shall not reopen before Monday, April 6, 2020 unless under approval granted by the emergency program authorized in section (2) below.... Vulnerable children and children of families who work to maintain the health, safety, and welfare of all Commonwealth residents shall receive priority access to such emergency child care programs.

Enforcement: EEC licensing authority; emergency program approvals

Citation: Governor Charles D. Baker, COVID-19 Order No. 10 (Mar. 18, 2020) (Ex. MA-006) Open the exhibit

Ex. MA-009

DPH Stay-at-Home Advisory (Mar. 23, 2020); Safer at Home Advisory (May 18, 2020); Stay at Home Advisory 10 p.m.-5 a.m. (Nov. 2, 2020)

Stay-at-Home Advisory

Department of Public Health (Commissioner Monica Bharel), Massachusetts (State)

Dates: In force from Mar. 24, 2020 to May 18, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q22020 Q42021 Q1
Limitations: Stay-at-home
Functions reached: CB customer base told to stay home; WF workforce
Grade: Confirmed from a secondary source
Days in this quarter: 56

Order No. 53 recital: 'the Department of Public Health has today issued a Stay at Home Advisory that urges all persons in the Commonwealth to remain at home between the hours of 10:00 PM and 5:00 AM in order to slow the spread of the virus, preserve hospital capacity, and save lives.' Order No. 13 recital: 'the Department of Public Health is urging all residents of the Commonwealth to limit activities outside of the home and to practice social distancing at all times.'

Enforcement: Advisory; the companion closure, gathering and curfew orders (Nos. 13, 53, 54) carried the penalties

Citation: Department of Public Health (Commissioner Monica Bharel), DPH Stay-at-Home Advisory (Mar. 23, 2020); Safer at Home Advisory (May 18, 2020); Stay at Home Advisory 10 p.m.-5 a.m. (Nov. 2, 2020) (Ex. MA-009)

Ex. MA-013

COVID-19 Order No. 27

Order Extending the Closure of Non-Emergency Child Care Programs (to June 29, 2020)

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Apr. 21, 2020 to June 26, 2020
Quarters: 2020 Q2
Limitations: Business closureSchools and child care
Functions reached: WF workforce; EC child care
Grade: Primary source read
Days in this quarter: 67

All licensed, approved, or exempt child care programs in the Commonwealth shall remain closed and shall not re-open for normal operations before Monday, June 29, 2020, unless specifically authorized by the Department of Early Education and Care to continue operations as emergency programs.

Enforcement: DPH and EEC with boards of health; penalties under St. 1950, c. 639, s. 8

Citation: Governor Charles D. Baker, COVID-19 Order No. 27 (Apr. 21, 2020) (Ex. MA-013) Open the exhibit

Ex. MA-018

COVID-19 Order No. 35

Order Clarifying the Progression of the Commonwealth's Phased Workplace Re-Opening Plan and Authorizing Certain Re-Opening Preparations at Phase II Workplaces

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from June 1, 2020 to May 29, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureAlcohol and barsEvents and venuesWorkplace rules
Functions reached: SF retail, DR restaurants, LG hotels: workers only for preparation; FC/SP fitness, sports, theaters, bars: Phase III/IV closed; BA outdoor alcohol service approvals
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

Phase II enterprises may not open their premises to customers and the public generally until authorized to do so by subsequent Order.... Games, scrimmages, and tournaments shall not be permitted for any organized sports activities.... Professional sports organizations may not engage in inter-team games within the Commonwealth and may not open any facilities within the Commonwealth to the public until further Order.... Restaurants will be authorized to provide outdoor table service at the commencement of Phase II... a city or town may approve requests for expansion of outdoor table service... a local licensing authority may grant approval for a change in the description of the licensed premises for the purpose of permitting outdoor alcohol service.

Enforcement: Workplace safety rules of Order No. 33; ABCC enforcement over amended licenses

Citation: Governor Charles D. Baker, COVID-19 Order No. 35 (June 1, 2020) (Ex. MA-018) Open the exhibit

Ex. MA-001

Executive Order No. 591

Declaration of a State of Emergency to Respond to COVID-19

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 10, 2020 to June 15, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Emergency declaration
Functions reached: all functions (predicate)
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

I... do hereby declare that there now exists in the Commonwealth of Massachusetts a STATE OF EMERGENCY. Pursuant to the powers granted to the Governor in Sections 5, 6, 7, 8, and 8A of Chapter 639 of the Acts of 1950, as amended, and other provisions of law, I shall from time to time issue recommendations, directives, and orders as circumstances require. This proclamation of a STATE OF EMERGENCY is effective immediately and shall remain in effect until notice is given, pursuant to my judgment, that the STATE OF EMERGENCY no longer exists.

Enforcement: Predicate for the sixty-nine COVID-19 Orders, each of which carried its own penalty clause (St. 1950, c. 639, s. 8; G.L. c. 40, s. 21D)

Citation: Governor Charles D. Baker, Executive Order No. 591 (Mar. 10, 2020) (Ex. MA-001) Open the exhibit

Ex. MA-056

Order of the Commissioner of Public Health Implementing Policies and Procedures for Restricting Visitor Access to Nursing Homes and Rest Homes

Order restricting visitors at nursing and rest homes

Commissioner of Public Health, Massachusetts (State)

Dates: In force from Mar. 12, 2020 to June 14, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care orders
Functions reached: VS visitation; IN admissions and family access; HC hospice and home-health visits into facilities
Grade: Confirmed from a secondary source
Days in this quarter: 110 (the whole quarter)

Enforcement: Facility licensure (105 CMR 153.000)

Citation: Commissioner of Public Health, Order of the Commissioner of Public Health Implementing Policies and Procedures for Restricting Visitor Access to Nursing Homes and Rest Homes (Mar. 12, 2020) (Ex. MA-056)

Ex. MA-004

COVID-19 Order No. 3

Order Temporarily Closing All Public and Private Elementary and Secondary Schools

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 16, 2020 to May 4, 2020 (issued Mar. 15, 2020)
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: WF workforce (children at home); IN in-person instruction (private schools); FS/TR school food service and transport contractors
Grade: Primary source read
Days in this quarter: 50

All public and private elementary and secondary (K-12) schools in the Commonwealth, excluding residential and day schools for special needs students, shall suspend all normal, in-person instruction and other educational operations at the end of the school day on Monday, March 16, 2020 and shall not re-open for normal operations before Monday, April 6, 2020.

Enforcement: DPH and DESE with local boards of health; penalties under St. 1950, c. 639, s. 8

Citation: Governor Charles D. Baker, COVID-19 Order No. 3 (Mar. 15, 2020) (Ex. MA-004) Open the exhibit

Ex. MA-057

Order of the Commissioner of Public Health (hospital visitor restrictions)

Order requiring hospitals to screen visitors and restrict visitation

Commissioner of Public Health Monica Bharel, Massachusetts (State)

Dates: In force from Mar. 17, 2020 to June 15, 2021 (issued Mar. 15, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care orders
Functions reached: VS visitation and access; ED/IP intake screening; CB patients' companions
Grade: Primary source read
Days in this quarter: 106 (in force on the last day)

All hospitals operated by the Department of Public Health or the Department of Mental Health, or licensed pursuant 105 CMR 130 or 104 CMR 27, shall implement procedures published by the Department of Public Health to screen visitors and to restrict visitation as necessary to protect the health of patients and staff. Persons who meet any specified screening criteria shall be restricted from visitation.

Enforcement: Hospital licensure

Citation: Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health (hospital visitor restrictions) (Mar. 15, 2020) (Ex. MA-057) Open the exhibit

Ex. MA-058

Order of the Commissioner of Public Health regarding non-essential elective invasive procedures (hospitals and ambulatory surgery centers)

Order postponing non-essential elective invasive procedures

Commissioner of Public Health, Massachusetts (State)

Dates: In force from Mar. 18, 2020 to May 18, 2020 (issued Mar. 15, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX surgery and elective procedures; PR elective visits; CH/PR dental elective and aerosol-generating procedures (under Order No. 13 and board guidance)
Grade: Confirmed from a secondary source
Days in this quarter: 62

Enforcement: Facility licensure

Citation: Commissioner of Public Health, Order of the Commissioner of Public Health regarding non-essential elective invasive procedures (hospitals and ambulatory surgery centers) (Mar. 15, 2020) (Ex. MA-058) Open the exhibit

Ex. MA-007

COVID-19 Order No. 11 (Mar. 20, 2020) with Orders No. 6, 39, 47, 64

Order Authorizing Actions to Limit In-Person Transactions at the Registry of Motor Vehicles (first order); Order No. 6 (Mar. 15, 2020) RMV license and ID extensions; Order No. 39 (June 12, 2020) and Order No. 47 (Aug. 11, 2020) second order and extension; Order No. 64 REAL ID upgrades

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 20, 2020 to May 29, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Courts and public offices
Functions reached: DM titles, registrations, inspections and licensing for dealers, lenders and carriers; HR CDL testing and licensing
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

Citation: Governor Charles D. Baker, COVID-19 Order No. 11 (Mar. 20, 2020) with Orders No. 6, 39, 47, 64 (Ex. MA-007)

Ex. MA-010

COVID-19 Order No. 15

Order Extending the Closure of Non-Emergency Child Care Programs (to May 4, 2020)

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 25, 2020 to Apr. 21, 2020
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: WF workforce; EC child care
Grade: Confirmed from a secondary source
Days in this quarter: 28

Citation: Governor Charles D. Baker, COVID-19 Order No. 15 (Mar. 25, 2020) (Ex. MA-010)

Ex. MA-011

COVID-19 Order No. 16

Order Extending the Temporary Closure of All Public and Private Elementary and Secondary Schools

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 25, 2020 to Apr. 21, 2020
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: WF workforce; IN in-person instruction
Grade: Primary source read
Days in this quarter: 28

All public and private elementary and secondary (K-12) schools in the Commonwealth, excepting residential schools for special needs students, shall not re-open for normal operations before Monday, May 4, 2020. This directive supersedes the provision of the March 15, 2020 Order establishing an earlier date for re-opening.

Enforcement: DPH and DESE with boards of health; penalties under St. 1950, c. 639, s. 8

Citation: Governor Charles D. Baker, COVID-19 Order No. 16 (Mar. 25, 2020) (Ex. MA-011) Open the exhibit

Ex. MA-051

Chapter 53 of the Acts of 2020

An Act to Address Challenges Faced by Municipalities and State Authorities Resulting from COVID-19

General Court (Legislature); approved by the Governor, Massachusetts (State)

Dates: In force from Apr. 3, 2020 to May 1, 2022
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Alcohol and barsCourts and public officesOther
Functions reached: BA/TO restaurants' alcohol sales channel changed to takeout; CRT municipal budgets, town meetings and permit deadlines
Grade: Primary source read
Days in this quarter: 89 (in force on the last day)

Whereas, The deferred operation of this act would tend to defeat its purposes, which are to make certain changes in law in response to a public health emergency... therefore it is hereby declared to be an emergency law. [s. 13, as later amended by ch. 20 of 2021, s. 2: takeout sales of wine and malt beverages with food, 'a customer shall be limited to 192 ounces of malt beverages and 1.5 liters of wine per transaction; and (v) the wine or malt beverages shall be sold at the same price for on-premises consumption and for off-premises consumption.']

Enforcement: ABCC and local licensing authorities

Citation: General Court (Legislature); approved by the Governor, Chapter 53 of the Acts of 2020 (Apr. 3, 2020) (Ex. MA-051) Open the exhibit

Ex. MA-052

Chapter 65 of the Acts of 2020

An Act Providing for a Moratorium on Evictions and Foreclosures During the COVID-19 Emergency

General Court (Legislature); approved by the Governor, Massachusetts (State)

Dates: In force from Apr. 20, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Courts and public officesOther
Functions reached: PM property management: evictions and notices to quit barred; CM commercial leasing of small business premises; SV lenders' foreclosure operations; CL/AP closings and counseling by video
Grade: Primary source read
Days in this quarter: 72 (in force on the last day)

Notwithstanding chapter 186 or chapter 239 of the General Laws or any other general or special law, rule, regulation or order to the contrary, a landlord or owner of a property shall not, for the purposes of a non-essential eviction for a residential dwelling unit: (i) terminate a tenancy; or (ii) send any notice, including a notice to quit, requesting or demanding that a tenant of a residential dwelling unit vacate the premises.... "Small business premises unit", a premises occupied by a tenant for commercial purposes... [excluding tenants that] operate multi-state;... multi-nationally;... publicly traded; or... [have] not less than 150 full-time equivalent employees.... Sections 3 and section 4 shall expire 120 days after the effective date of this act or 45 days after the COVID-19 emergency declaration has been lifted, whichever is sooner; provided, however, that the governor may…

Enforcement: Courts barred from entering judgment or executing on non-essential evictions; notices void

Citation: General Court (Legislature); approved by the Governor, Chapter 65 of the Acts of 2020 (Apr. 20, 2020) (Ex. MA-052) Open the exhibit

Ex. MA-014

COVID-19 Order No. 28

Order Extending the Temporary Closure of All Public and Private Elementary and Secondary Schools (for the remainder of the 2019-20 school year)

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Apr. 21, 2020 to June 29, 2020
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: WF workforce for the whole of 2020 Q2; IN private-school instruction; FS/TR school vendors
Grade: Primary source read
Days in this quarter: 70

All public and private elementary and secondary (K-12) schools in the Commonwealth, excepting residential schools for special needs students, shall remain closed for normal, in-person instruction and shall not re-open for normal operations prior to June 29, 2020.... Public and private elementary and secondary (K-12) schools may not begin in-person summer learning programs before June 29, 2020, unless specifically granted permission by the Department of Elementary and Secondary Education.

Enforcement: DPH and DESE with boards of health; penalties under St. 1950, c. 639, s. 8

Citation: Governor Charles D. Baker, COVID-19 Order No. 28 (Apr. 21, 2020) (Ex. MA-014) Open the exhibit

Ex. MA-016

COVID-19 Order No. 31

Order Requiring Face Coverings in Public Places Where Social Distancing Is Not Possible

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from May 6, 2020 to Nov. 6, 2020 (issued May 1, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Face-covering requirementWorkplace rules
Functions reached: SF sales floors; WF transit commuting; EMP workplace rules
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

Effective Wednesday, May 6, 2020, any person over age two who is in a place open to the public in the Commonwealth, whether indoor or outdoor, and is unable to or does not maintain a distance of approximately six feet from every other person shall cover their mouth and nose with a mask or cloth face covering... This requirement applies to all workers and customers of businesses and other organizations open to the public... All persons are required to wear masks or cloth face coverings at all times when inside grocery stores, pharmacies, and other retail stores. All persons are also required to wear masks or cloth face coverings when providing or using the services of any taxi, car, livery, ride-sharing, or similar service or any means of mass public transit.

Enforcement: DPH, local boards of health and authorized agents under G.L. c. 111, s. 30, with State or municipal police; civil fine up to $300 per violation under G.L. c. 40, s. 21D; a business may decline entry to a customer refusing a mask

Citation: Governor Charles D. Baker, COVID-19 Order No. 31 (May 1, 2020) (Ex. MA-016) Open the exhibit

Ex. MA-060

Order of the Commissioner of Public Health Regarding the Scheduling and Performance of Urgent Elective Invasive Procedures

Phase I elective-procedure resumption order (attestation required)

Commissioner of Public Health Monica Bharel, Massachusetts (State)

Dates: In force from May 18, 2020 to June 24, 2020
Quarters: 2020 Q2
Limitations: Health care ordersWorkplace rules
Functions reached: SX/PR elective procedures limited to urgent, attesting providers; CH/PR dental hygiene and elective dental procedures; FD scheduling
Grade: Primary source read
Days in this quarter: 38

a health care provider that has submitted an attestation to the state certifying that they meet clinical, capacity, safety standards, and governance requirements to resume providing high-priority preventative care and urgent procedures or services that cannot be delivered remotely and would lead to high risk or significant worsening of the patient's condition if deferred shall implement procedures published by the Department of Public Health regarding the scheduling and performance of such urgent elective invasive procedures. Any such health care provider that has not submitted the attestation shall not perform any non-essential elective invasive procedures.

Enforcement: Facility and professional licensure

Citation: Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding the Scheduling and Performance of Urgent Elective Invasive Procedures (May 18, 2020) (Ex. MA-060) Open the exhibit

Ex. MA-061

Order of the Commissioner of Public Health Regarding the Scheduling and Performance of Non-Essential Elective Invasive Procedures

Phase II elective-procedure order (attestation; airborne contaminant removal timelines)

Commissioner of Public Health Monica Bharel, Massachusetts (State)

Dates: In force from June 24, 2020 to Dec. 11, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Health care ordersWorkplace rules
Functions reached: SX/PR elective and cosmetic procedures; ST dental fallow time (airborne contaminant removal); FD scheduling throughput
Grade: Primary source read
Days in this quarter: 7 (in force on the last day)

a health care provider that has completed an attestation certifying that they meet clinical, capacity, safety standards, and governance requirements to resume providing non-essential elective invasive procedures, including elective cosmetic procedures, shall implement procedures published by the Department of Public Health regarding the scheduling and performance of such non-essential elective procedures, including adhering to timelines for airborne contaminant removal as set forth in Department of Public Health guidance. Any health care provider that has not completed the attestation must not perform any non-essential elective invasive procedures.

Enforcement: Facility and professional licensure

Citation: Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding the Scheduling and Performance of Non-Essential Elective Invasive Procedures (June 24, 2020) (Ex. MA-061) Open the exhibit

Ex. MA-022

COVID-19 Order No. 41

Order Authorizing the Reopening of Child Care Programs and Rescinding Eight COVID-19 Orders

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from June 26, 2020 to May 29, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Schools and child careCourts and public officesWorkplace rules
Functions reached: EC child care reopening only with EEC approval and reduced capacity; WF workforce; HR licenses extended to Oct. 1, 2020 under rescinded Orders No. 7, 8, 9, 18
Grade: Primary source read
Days in this quarter: 5 (in force on the last day)

Licensed, approved, or exempt child care programs closed by [COVID-19 Order No. 10] may reopen under their current license, approval, or exemption, provided that any such child care program must abide by the reopening requirements and approval process established by the Department of Early Education and Care, including but not limited to the requirement to demonstrate capacity to meet the minimum health and safety requirements issued pursuant to... COVID-19 Order No. 36. Emergency child care programs... may continue operations through July 12, 2020. Effective at 12:01 am on July 13, 2020, the provisions of COVID-19 Order No. 10 are rescinded in their entirety.

Enforcement: EEC approval process and minimum health and safety requirements (ratios, group sizes, screening)

Citation: Governor Charles D. Baker, COVID-19 Order No. 41 (June 26, 2020) (Ex. MA-022) Open the exhibit

Ex. MA-072

Court System Response to COVID-19 (guide) listing the SJC and Trial Court orders

Court system response to COVID-19: orders and announcements (Wayback capture July 1, 2020; 2021 capture read for the later orders)

Supreme Judicial Court and Executive Office of the Trial Court (index page of the Massachusetts Court System), Massachusetts (Court)

Dates: In force from July 1, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT/CL court hearings, jury trials, evictions, foreclosures, closings and recordings dependent on court operations; CRT public access to courthouses
Grade: Primary source read
Days in this quarter: 0

Listed orders (July 1, 2020 capture): 'Supreme Judicial Court Order regarding access to state courthouses & court facilities in re: COVID-19 (coronavirus) pandemic, (issued and effective March 13, 2020)'; 'Supreme Judicial Court third updated order regarding court operations under the exigent circumstances created by the COVID-19 (coronavirus) pandemic (issued June 24, 2020, effective July 1, 2020)'; 'Supreme Judicial Court Issues Order Regarding State Court Operations in June During the Pandemic, May 26, 2020'; 'Trial Court Emergency Administrative Order 20-11... (effective July 1, 2020)'; 'Boston Municipal Court Standing Order 8-20: Phased partial reopening of Boston Municipal Courthouses... (effective July 1, 2020)'; 'Housing Court Non-Emergency Cases will be re-scheduled to after April 21, 2020, March 16, 2020'. (July 1, 2021 capture): 'The Supreme Judicial Court has authorized…

Enforcement: SJC orders binding on all courts

Citation: Supreme Judicial Court and Executive Office of the Trial Court (index page of the Massachusetts Court System), Court System Response to COVID-19 (guide) listing the SJC and Trial Court orders (July 1, 2020) (Ex. MA-072) Open the exhibit

Agencies, boards and authorities: Massachusetts

Ex. AGY-ST-GAMING-RACING-029

Commission vote and release: MGC Temporarily Suspends Operations at Encore, MGM Springfield and Plainridge Park

Unanimous vote to temporarily suspend operation at the Commonwealth's three casino properties; gaming floors close to patrons at 5:59 a.m. March 15, 2020

Massachusetts Gaming Commission (Chair Cathy Judd-Stein), Massachusetts Gaming Commission (State gaming and racing regulator) (Sector regulator)

Dates: In force from Mar. 15, 2020 to May 14, 2020 (issued Mar. 14, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Business closureEvents and venues
Functions reached: SF gaming floors of all three establishments closed 113 days (Mar. 15 - July 6, 2020); LG, FB Encore and MGM hotels, restaurants and venues closed with the premises; EVT theaters and venues closed; WF casino workforce idled
Grade: Primary source read
Days in this quarter: 61

Today the Massachusetts Gaming Commission voted unanimously to temporarily suspend operation at the state's three casino properties, including Encore Boston Harbor, MGM Springfield and Plainridge Park Casino.... It is anticipated that the gaming floor will close to patrons at 5:59 am on March 15, 2020.

Enforcement: Commission order under c. 23K; 'reassessed in two weeks' and extended by orders of Mar. 31 (reference in Ex. 030) and May 14, 2020 (Ex. 032)

Citation: Massachusetts Gaming Commission (Chair Cathy Judd-Stein), Commission vote and release: MGC Temporarily Suspends Operations at Encore, MGM Springfield and Plainridge Park (Mar. 14, 2020) (Ex. AGY-ST-GAMING-RACING-029) Open the exhibit

Ex. AGY-ST-COURTS-077

Supreme Judicial Court Order in re: COVID-19 (coronavirus) pandemic (March 17, 2020) (OE-144)

Statewide order closing Massachusetts courthouses to the public except for emergency matters that cannot be resolved remotely, continuing all jury trials, and tolling deadlines (effective March 18, 2020)

Supreme Judicial Court of Massachusetts, Supreme Judicial Court of Massachusetts (statewide) (Court)

Dates: In force from Mar. 18, 2020 to Apr. 1, 2020 (issued Mar. 17, 2020)
Quarters: 2020 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT courts and agencies; SV servicing and collections; PM property management; CL closings
Grade: Confirmed from a secondary source
Days in this quarter: 15

Enforcement: Mass. Gen. Laws ch. 211, § 3

Citation: Supreme Judicial Court of Massachusetts, Supreme Judicial Court Order in re: COVID-19 (coronavirus) pandemic (March 17, 2020) (OE-144) (Mar. 17, 2020) (Ex. AGY-ST-COURTS-077)

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043

News item republished by the Authority, ''Boston Hope' signals the newest field hospital set up in the city' (Apr. 9, 2020)

Conversion of the Boston Convention and Exhibition Center into the 1,000-bed Boston Hope care facility

Massachusetts Convention Center Authority (republishing a WCVB report of the Governor's announcement), Massachusetts Convention Center Authority (Boston Convention and Exhibition Center; Hynes Convention Center), Massachusetts (State authority) (State)

Dates: In force from Apr. 10, 2020 to Sept. 3, 2021 (issued Apr. 9, 2020)
Quarters: 2020 Q2
Limitations: Business closureHealth care ordersEvents and venues
Functions reached: MC; EV; LG Boston Seaport hotels; SC contractors; WF
Grade: Confirmed from a secondary source
Days in this quarter: 82 (in force on the last day)

In anticipation of a surge in COVID-19 cases, Governor Baker announced the Boston Convention and Exhibition Center will be turning into the Boston Hope care facility. The facility is the second field hospital set up in the state in an effort to lessen the burden on hospitals in and around the city.

Enforcement: State emergency use of the venue

Citation: Massachusetts Convention Center Authority (republishing a WCVB report of the Governor's announcement), News item republished by the Authority, ''Boston Hope' signals the newest field hospital set up in the city' (Apr. 9, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043)

Ex. AGY-ST-COURTS-076

Supreme Judicial Court Order in re COVID-19 (coronavirus) pandemic regarding access to state courthouses and court facilities (OE-144)

Persons diagnosed with, exposed to or symptomatic of coronavirus, persons asked to self-quarantine, and persons who had travelled to China, Italy, Iran, Japan or South Korea within 14 days (or who reside with them) barred from every Massachusetts state courthouse and court facility, including probation offices

Supreme Judicial Court of Massachusetts, Supreme Judicial Court of Massachusetts (statewide) (Court)

Dates: In force from Mar. 13, 2020 to Mar. 17, 2020
Quarters: 2020 Q2
Limitations: Travel and quarantineCourts and public officesQuarantine and isolation
Functions reached: CT courts and agencies; TRAV travel (international travellers excluded); WF workforce (jurors and probationers)
Grade: Primary source read
Days in this quarter: 5 (in force on the first day)

In light of public health concerns arising from the COVID-19 (coronavirus) pandemic and the State of Emergency declared by the Governor, the Court, pursuant to its superintendence authority, issues the following ORDER... Effective immediately, the following persons shall not enter any Massachusetts state courthouse or other state court facility, including, but not limited to, probation offices: Persons who have been diagnosed with, or have had contact with anyone who has been diagnosed with, coronavirus; Persons with apparent symptoms of coronavirus...; Persons who have been asked to self-quarantine...; Persons who have travelled to the following countries within the last fourteen (14) days: China, Italy, Iran, Japan, South Korea... Anyone attempting to enter in violation of this order will be denied entry by security.

Enforcement: Denial of entry by court security; SJC superintendence authority (G.L. c. 211, § 3)

Citation: Supreme Judicial Court of Massachusetts, Supreme Judicial Court Order in re COVID-19 (coronavirus) pandemic regarding access to state courthouses and court facilities (OE-144) (Mar. 13, 2020) (Ex. AGY-ST-COURTS-076) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-100

Bulletin 2020-04

Emergency Measures to Address and to Stop the Spread of COVID-19 (Coronavirus): implementation of the Governor's telehealth order

Gary D. Anderson, Commissioner of Insurance, Massachusetts; Division of Insurance (Sector regulator)

Dates: In force from Mar. 16, 2020 to June 15, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care orders
Functions reached: IN health carriers (telehealth coverage and payment parity); TM telehealth of every Massachusetts provider (industries 01-04); CB payers
Grade: Primary source read
Days in this quarter: 107 (in force on the last day)

On March 15, 2020, Governor Baker issued an 'Order Expanding Access to Telehealth Services and to Protect Health Care Providers' ('Emergency Order') that is effective as of March 16, 2020. This Bulletin provides guidance to Carriers and the Group Insurance Commission regarding how to implement this March 15 Emergency Order... the Division expects Carriers, during the duration of Governor Baker's Emergency Order, to do the following: When delivered via telehealth by in-network providers, forego any prior authorization [requirements and cover medically necessary services delivered by telehealth at rates no lower than in-person rates].

Enforcement: Governor's Order of March 15, 2020 (St. 1950, c. 639, § 8); M.G.L. c. 176D

Citation: Gary D. Anderson, Commissioner of Insurance, Bulletin 2020-04 (Mar. 16, 2020) (Ex. AGY-ST-INSURANCE-BANKING-100) Open the exhibit

Ex. AGY-ST-UTILITIES-HOUSING-AG-038

940 CMR 3.18, Price Gouging (as amended by emergency regulation effective March 20, 2020)

Price Gouging: unfair or deceptive act for any business at any point in the chain of distribution or manufacture to sell goods or services necessary for the health, safety or welfare of the public at an unconscionably high price during a declared statewide or national emergency

Attorney General Maura Healey (Office of the Attorney General), Massachusetts (Attorney General, consumer-protection regulation) (Sector regulator)

Dates: In force from Mar. 20, 2020; end: Standing regulation; operates during 'any declared statewide or national…
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: SF and wholesale pricing of every manufacturer, distributor and retailer of goods and services necessary to health, safety or welfare (business-to-business sales included); SC supplier-cost documentation; CB; OP pricing records
Grade: Confirmed from a secondary source
Days in this quarter: 103 (in force on the last day)

(3) It shall be an unfair or deceptive act or practice, during any declared statewide or national emergency, for any business at any point in the chain of distribution or manufacture to sell or offer to sell to any consumer or to any other business any goods or services necessary for the health, safety or welfare of the public for an amount that represents an unconscionably high price. (4) A price is unconscionably high for the purposes of 940 CMR 3.18(3) if: (a) there is gross disparity between the price charged or offered; and 1. the price at which the same good or service was sold or offered for sale by the business in the usual course of business immediately prior to the onset of the declared statewide or national emergency; or [2. the price at which the same or similar product is readily obtainable from other businesses;] and (b) the disparity is not substantially attributable to…

Enforcement: G.L. c. 93A, secs. 4 (Attorney General actions; civil penalties up to $5,000 per violation) and 9, 11 (private actions)

Citation: Attorney General Maura Healey (Office of the Attorney General), 940 CMR 3.18, Price Gouging (as amended by emergency regulation effective March 20, 2020) (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-038) Open the exhibit

Ex. AGY-AVIATION-SURFACE-055

MBTA service revisions of Mar. 23-25, 2020: Commuter Rail Reduced Service Schedule modified; all non-essential travel discouraged

MBTA Discourages All Non-Essential Travel (targeted adjustments to Commuter Rail capacity effective Wednesday, Mar. 25, 2020)

Massachusetts Bay Transportation Authority (General Manager Steve Poftak), Massachusetts Bay Transportation Authority (State)

Dates: In force from Mar. 25, 2020 to Apr. 6, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Travel and quarantineOther
Functions reached: WF commuting workforce (service preserved for essential workers only); TR; CB
Grade: Primary source read
Days in this quarter: 13

"The MBTA has announced additional service revisions in a continuing effort to protect the health and safety of the T's customers and workforce, and to preserve transit services for those who are essential to slowing the spread of COVID-19, or otherwise must travel for purposes that are absolutely necessary. Effective Wednesday, March 25, the MBTA will modify the Commuter Rail's Reduced Service Schedule to allow for 5 trains to arrive in Boston prior to 7 AM." "MBTA is strongly urging customers to avoid any and all unnecessary travel."

Enforcement: MBTA operating authority

Citation: Massachusetts Bay Transportation Authority (General Manager Steve Poftak), MBTA service revisions of Mar. 23-25, 2020: Commuter Rail Reduced Service Schedule modified; all non-essential travel discouraged (Mar. 23, 2020) (Ex. AGY-AVIATION-SURFACE-055) Open the exhibit

Ex. AGY-AVIATION-SURFACE-056

MBTA service revision effective Monday, Apr. 6, 2020 (Saturday-level bus schedules; modified subway and Commuter Rail service)

MBTA Issues Service Revision Effective Monday, April 6 (updated Apr. 3, 2020)

Massachusetts Bay Transportation Authority, Massachusetts Bay Transportation Authority (State)

Dates: In force from Apr. 6, 2020 to June 30, 2020 (issued Apr. 2, 2020)
Quarters: 2020 Q2
Limitations: Travel and quarantineOther
Functions reached: WF; TR; CB
Grade: Primary source read
Days in this quarter: 86 (in force on the last day)

"MBTA continues to discourage all non-essential travel." "The MBTA will continue to operate its modified Saturday service bus schedules, and will continue to try to provide increased frequency on bus routes where high ridership has been observed." "Beginning at the start of service on Monday, April 6, the following will take effect: Saturday service for most routes, with additional service on busier routes during peak travel times."

Enforcement: MBTA operating authority

Citation: Massachusetts Bay Transportation Authority, MBTA service revision effective Monday, Apr. 6, 2020 (Saturday-level bus schedules; modified subway and Commuter Rail service) (Apr. 2, 2020) (Ex. AGY-AVIATION-SURFACE-056) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-039

Chapter 71 of the Acts of 2020

An Act providing for virtual notarization to address challenges related to COVID-19

Massachusetts General Court; approved by Governor Charles D. Baker, Massachusetts (General Court) (State)

Dates: In force from Apr. 23, 2020; end: Section 8: the repealing section 'shall take effect 3 business days after…
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: CL closings, mortgages and deeds; OF law offices (paralegal notaries); FI lending documents; CB; OP corporate documents
Grade: Primary source read
Days in this quarter: 69 (in force on the last day)

SECTION 3. (a) An acknowledgment, affirmation or other notarial act utilizing electronic video conferencing pursuant to this act shall be valid and effective if: (i) the notary public observes each principal's execution of a document;... [the notary shall] create an audio and video recording of the performance of the notarial act; provided that, the audio and video recording shall be retained for a period of 10 years by the notary public.... SECTION 8. Section 7 shall take effect 3 business days after termination of the governor's March 10, 2020 declaration of a state of emergency.

Enforcement: Statute; notarial acts valid only on compliance with the act's conditions (identification credential, affidavit, recording, physical presence in the Commonwealth)

Citation: Massachusetts General Court; approved by Governor Charles D. Baker, Chapter 71 of the Acts of 2020 (Apr. 23, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-039) Open the exhibit

Ex. AGY-AVIATION-SURFACE-057

MBTA face-covering requirement effective May 6, 2020 (Executive Order for face coverings takes effect)

Executive Order for Face Coverings Takes Effect Wednesday, May 6

Massachusetts Bay Transportation Authority, Massachusetts Bay Transportation Authority (implementing the Governor's Order No. 31) (State)

Dates: In force from May 6, 2020 to Sept. 30, 2021 (issued May 5, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantine
Functions reached: WF every commuter's transit trip; TR; CB
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

"Starting tomorrow, T customers are required to wear face coverings." "Effective tomorrow, Wednesday, May 6, MBTA customers must wear face coverings when using the MBTA." "The MBTA has issued internal guidance to its operators consistent with the Executive Order."

Enforcement: Order No. 31: civil fine up to $300 (M.G.L. c. 40, § 21D); MBTA Transit Police; denial of boarding

Citation: Massachusetts Bay Transportation Authority, MBTA face-covering requirement effective May 6, 2020 (Executive Order for face coverings takes effect) (May 5, 2020) (Ex. AGY-AVIATION-SURFACE-057) Open the exhibit

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

Federal layer

Ex. FED-029

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332

General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-333

General Order 72-6

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

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

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

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

Enforcement: court order

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

Ex. FED-154

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

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

Ex. FED-030

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-006

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202

Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203

Proclamation 9996

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

President Donald J. Trump, United States (Federal)

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

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

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311

Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367

Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

Ex. FED-194

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

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

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

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

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

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

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

Ex. FED-070

Executive Order 13909

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

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

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

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

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

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

Ex. FED-265

OMB Memorandum M-20-17

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

Ex. FED-292

Order of March 19, 2020, 589 U.S. (Order List)

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

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

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

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

Enforcement: order of the Court

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

Ex. FED-381

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

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

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

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

Enforcement: USDA program requirements

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

Ex. FED-034

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

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

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

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

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

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

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

Ex. FED-039

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

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

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

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

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

Enforcement: 42 U.S.C. § 271

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

Ex. FED-132

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

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

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

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

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

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

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

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

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

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

State of Massachusetts

Ex. MA-023

COVID-19 Order No. 43

Order Authorizing the Re-Opening of Phase III Enterprises

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from July 6, 2020 to May 29, 2021 (issued July 2, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureTelework mandateCapacity limitEvents and venuesWorkplace rules
Functions reached: FC gyms and fitness studios from July 6/13 under capacity rules; PE indoor performance venues closed (Step 2); AM arcades, laser tag, roller skating closed (Step 2); MC/EV exhibition and convention halls, stadiums, dance floors closed (Phase IV); BA bars and nightclubs closed (Phase IV); SP spectators barred
Grade: Primary source read
Days in this quarter: 87 (in force on the last day)

Step 1: On July 6, 2020, Phase III enterprises that are designated as Step 1 enterprises on Schedule A may open their brick-and-mortar premises to workers, customers, and the public; provided, however, that for any premises located within the City of Boston, Step 1 of Phase III shall commence on July 13, 2020.... Businesses and other organizations that are designated as Phase IV enterprises on the chart attached as Schedule A must keep their brick-and-mortar premises closed to workers, customers, and the public and may not conduct Phase IV activities except as remote means permit.... No professional sports organization shall admit spectators or other members of the public to any training, practice, scrimmage, game, or tournament or other competition or exhibition until authorized by further Order.

Enforcement: Self-certification; DLS/DPH/EEA/MGC rules; municipal boards of health concurrent authority; Order No. 37 s. 4 penalties incorporated ($300 civil fine; injunction)

Citation: Governor Charles D. Baker, COVID-19 Order No. 43 (July 2, 2020) (Ex. MA-023) Open the exhibit

Ex. MA-024

COVID-19 Order No. 44

Second Revised Order Regulating Gatherings Throughout the Commonwealth

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from July 6, 2020 to Aug. 11, 2020 (issued July 2, 2020)
Quarters: 2020 Q3
Limitations: Gathering capFace-covering requirementEvents and venues
Functions reached: MK/EV conferences, conventions, fundraisers capped at 25 indoors; BQ weddings and functions; SP road races and festivals prohibited
Grade: Primary source read
Days in this quarter: 37

Indoor gatherings are limited to 8 persons per 1,000 square feet of accessible, indoor floor space, and never more than 25 persons in a single enclosed, indoor space. Outdoor gatherings in enclosed, permitted, or leased spaces are limited to 25% of the maximum permitted occupancy of the facility... and never more than 100 persons in a single outdoor space that is enclosed, permitted, or leased.... Street festivals, agricultural festivals, walk-a-thons, road races and bike races, and other outdoor, organized athletic or recreational events that gather large numbers of participants or spectators outdoors are prohibited until further Order.

Enforcement: Civil fine up to $300 per violation under G.L. c. 277, s. 70C; injunction

Citation: Governor Charles D. Baker, COVID-19 Order No. 44 (July 2, 2020) (Ex. MA-024) Open the exhibit

Ex. MA-026

COVID-19 Order No. 46

Third Revised Order Regulating Gatherings Throughout the Commonwealth

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Aug. 11, 2020 to Oct. 5, 2020 (issued Aug. 7, 2020)
Quarters: 2020 Q32020 Q4
Limitations: Gathering capFace-covering requirementAlcohol and barsEvents and venues
Functions reached: MK/EV/BQ events capped at 25/50; BA licensees exposed to license suspension
Grade: Primary source read
Days in this quarter: 51 (in force on the last day)

Indoor gatherings are limited to 8 persons per 1,000 square feet of accessible, indoor floor space, and never more than 25 persons in a single enclosed, indoor space. Outdoor gatherings are limited to 25% of the maximum permitted occupancy... and never more than 50 persons in a gathering in a single outdoor space.... For gatherings of more than 10 people, all persons over the age of two must wear a face covering... Phase IV enterprises shall remain closed.

Enforcement: DPH, local boards of health, State and municipal police; civil fine up to $500 per violation under St. 1950, c. 639, s. 8, administered under G.L. c. 40, s. 21D; injunction; ABCC or local licensing authority may suspend, revoke or cancel an alcohol license

Citation: Governor Charles D. Baker, COVID-19 Order No. 46 (Aug. 7, 2020) (Ex. MA-026) Open the exhibit

Ex. MA-030

COVID-19 Order No. 50

Order Making Certain Phase III Adjustments

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Sept. 10, 2020 to June 15, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureAlcohol and barsEvents and venues
Functions reached: DR/BA outdoor dining and alcohol under municipal approvals; AM arcades reopened Sept. 17, 2020
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

a city or town may approve requests for expansion of outdoor table service or extensions of earlier granted approvals, including a local licensing authority ("LLA") approving a request for a change in the description of licensed premises for the purpose of permitting outdoor alcohol service, until a date beyond November 1, 2020... Any approval issued under this Section shall remain in effect until 60 days past the end of the state of emergency... Effective at 12:01 am on September 17, 2020, indoor and outdoor gaming arcades may open their brick-and-mortar premises to workers, customers, and the public.

Enforcement: Order No. 43 ss. 4-5 and Order No. 37 s. 4 penalties; administered under Order No. 48

Citation: Governor Charles D. Baker, COVID-19 Order No. 50 (Sept. 10, 2020) (Ex. MA-030) Open the exhibit

Ex. MA-025

COVID-19 Order No. 45

Order Instituting a Mandatory 14-Day Quarantine Requirement for Travelers Arriving in Massachusetts

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Aug. 1, 2020 to Mar. 22, 2021 (issued July 24, 2020)
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Travel and quarantineWorkplace rulesQuarantine and isolation
Functions reached: TV/TR business travel into and out of Massachusetts; LG hotel guests and short-term rentals; MC conventions and meetings; HR travel nurses, field technicians, out-of-State workers; CB customers from other States; WF employees returning from travel
Grade: Primary source read
Days in this quarter: 61 (in force on the last day)

Effective at 12:01 am on August 1, 2020, all persons arriving in Massachusetts by any means or mode must quarantine for 14 days in accordance with standards issued by the Commissioner of the Department of Public Health ("DPH") unless (a) the person is coming from a State designated by the Commissioner as a COVID-19 lower-risk State...; or (b) the person has received a negative test result for COVID-19 from a test performed on a sample taken not longer than 72 hours before the person's arrival in Massachusetts...; or (c) the person falls within one of the limited, circumstance-specific exceptions specified in Section 4.... Employers are strongly discouraged from requiring or allowing business-related travel to destinations other than those appearing on the DPH list of COVID-19 lower-risk States.... The generally applicable COVID-19 Workplace Safety Rules adopted in Section 2 of COVID-19…

Enforcement: DPH with State or municipal police; local boards of health on request; 'Violation of the terms of this Order or the DPH guidance may result in a civil fine of up to $500 per violation, in the manner provided for in G.L. c. 277, s. 70C. Each day of failure to quarantine when required and each other instance of non-compliance may be treated as a separate violation and may result in a separate $500…

Citation: Governor Charles D. Baker, COVID-19 Order No. 45 (July 24, 2020) (Ex. MA-025) Open the exhibit

Ex. MA-027

COVID-19 Order No. 47 (Aug. 11, 2020)

Extension of Second Order Authorizing Actions to Limit In-Person Transactions at the Registry of Motor Vehicles

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Aug. 11, 2020 to May 29, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Courts and public offices
Functions reached: DM titles, registrations, licensing; HR CDL and license appointments
Grade: Confirmed from a secondary source
Days in this quarter: 51 (in force on the last day)

Citation: Governor Charles D. Baker, COVID-19 Order No. 47 (Aug. 11, 2020) (Ex. MA-027)

Ex. MA-028

COVID-19 Order No. 48

Order Amending the Administration of Penalties Issued Pursuant to Certain COVID-19 Orders

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Aug. 18, 2020 to May 29, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Other
Functions reached: EMP enforcement mechanism for every workplace rule, mask rule, travel rule and gathering rule
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

All fines issued pursuant to the following COVID-19 Orders and their applicable guidance shall be administered in the manner provided for the non-criminal disposition of violations of municipal by-law, ordinance, rule, or regulation pursuant to G.L. c. 40, s. 21D, notwithstanding any contrary provision in such Orders: [Orders No. 31, 33, 37, 40, 43, 45, 46].... The adoption of this uniform method for processing violations shall not modify the maximum fines, limit any other method of enforcement, or modify any other term specified in the above Orders.

Enforcement: Civil citations processed under G.L. c. 40, s. 21D; complaint may issue for non-payment; later orders (Nos. 56, 58, 65, 66, 68) direct that 'any penalty issued in an enforcement action shall be administered as provided in COVID-19 Order No. 48'

Citation: Governor Charles D. Baker, COVID-19 Order No. 48 (Aug. 18, 2020) (Ex. MA-028) Open the exhibit

Ex. MA-029

COVID-19 Order No. 49

Order Authorizing Certain Program Adjustments to Support Families with Students Engaged in Remote Learning

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Aug. 28, 2020 to June 15, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Schools and child care
Functions reached: EC school-day child care for remote learners; WF workforce
Grade: Confirmed from a secondary source
Days in this quarter: 34 (in force on the last day)

Citation: Governor Charles D. Baker, COVID-19 Order No. 49 (Aug. 28, 2020) (Ex. MA-029)

Continuing in force from an earlier quarter of this report (17 instruments):

Exhibit	Citation	Dates	Limitations
Ex. MA-017	Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017)	In force from May 18, 2020 to May 29, 2021	Business closureTelework mandateCapacity limitGathering capFace-covering requirementWorkplace rules
Ex. MA-019	Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (Ex. MA-019)	In force from June 8, 2020 to May 29, 2021 (issued June 6, 2020)	Business closureTelework mandateCapacity limitAlcohol and barsEvents and venuesWorkplace rules
Ex. MA-020	Governor Charles D. Baker, COVID-19 Order No. 38 (June 6, 2020) (Ex. MA-020)	In force from June 8, 2020 to July 6, 2020 (issued June 6, 2020)	Business closureGathering capFace-covering requirementEvents and venues
Ex. MA-021	Governor Charles D. Baker, COVID-19 Order No. 40 (June 19, 2020) (Ex. MA-021)	In force from June 22, 2020 to May 29, 2021 (issued June 19, 2020)	Business closureCapacity limitWorkplace rules
Ex. MA-002	Governor Charles D. Baker, COVID-19 Order No. 1 (Mar. 12, 2020) (Ex. MA-002)	In force from Mar. 12, 2020 to Sept. 30, 2021	Gathering capCourts and public offices
Ex. MA-006	Governor Charles D. Baker, COVID-19 Order No. 10 (Mar. 18, 2020) (Ex. MA-006)	In force from Mar. 22, 2020 to Sept. 30, 2020 (issued Mar. 18, 2020)	Business closureSchools and child care
Ex. MA-018	Governor Charles D. Baker, COVID-19 Order No. 35 (June 1, 2020) (Ex. MA-018)	In force from June 1, 2020 to May 29, 2021	Business closureAlcohol and barsEvents and venuesWorkplace rules
Ex. MA-001	Governor Charles D. Baker, Executive Order No. 591 (Mar. 10, 2020) (Ex. MA-001)	In force from Mar. 10, 2020 to June 15, 2021	Emergency declaration
Ex. MA-056	Commissioner of Public Health, Order of the Commissioner of Public Health Implementing Policies and Procedures for Restricting Visitor Access to Nursing Homes and Rest Homes (Mar. 12, 2020) (Ex. MA-056)	In force from Mar. 12, 2020 to June 14, 2021	Health care orders
Ex. MA-057	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health (hospital visitor restrictions) (Mar. 15, 2020) (Ex. MA-057)	In force from Mar. 17, 2020 to June 15, 2021 (issued Mar. 15, 2020)	Health care orders
Ex. MA-007	Governor Charles D. Baker, COVID-19 Order No. 11 (Mar. 20, 2020) with Orders No. 6, 39, 47, 64 (Ex. MA-007)	In force from Mar. 20, 2020 to May 29, 2021	Courts and public offices
Ex. MA-051	General Court (Legislature); approved by the Governor, Chapter 53 of the Acts of 2020 (Apr. 3, 2020) (Ex. MA-051)	In force from Apr. 3, 2020 to May 1, 2022	Alcohol and barsCourts and public officesOther
Ex. MA-052	General Court (Legislature); approved by the Governor, Chapter 65 of the Acts of 2020 (Apr. 20, 2020) (Ex. MA-052)	In force from Apr. 20, 2020 to Dec. 31, 2020	Courts and public officesOther
Ex. MA-016	Governor Charles D. Baker, COVID-19 Order No. 31 (May 1, 2020) (Ex. MA-016)	In force from May 6, 2020 to Nov. 6, 2020 (issued May 1, 2020)	Face-covering requirementWorkplace rules
Ex. MA-061	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding the Scheduling and Performance of Non-Essential Elective Invasive Procedures (June 24, 2020) (Ex. MA-061)	In force from June 24, 2020 to Dec. 11, 2020	Health care ordersWorkplace rules
Ex. MA-022	Governor Charles D. Baker, COVID-19 Order No. 41 (June 26, 2020) (Ex. MA-022)	In force from June 26, 2020 to May 29, 2021	Schools and child careCourts and public officesWorkplace rules
Ex. MA-072	Supreme Judicial Court and Executive Office of the Trial Court (index page of the Massachusetts Court System), Court System Response to COVID-19 (guide) listing the SJC and Trial Court orders (July 1, 2020) (Ex. MA-072)	In force from July 1, 2020 to Sept. 30, 2021	Courts and public offices

Agencies, boards and authorities: Massachusetts

Ex. AGY-ST-GAMING-RACING-030

Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020)

Reopening conditions: slot positions six feet apart or plexiglass; three players per blackjack table; no craps, roulette or poker; occupancy formula (gaming positions x 3 plus employees plus amenities); no valet, coat check, promotions or events; Pandemic Safety Officer

Massachusetts Gaming Commission, Massachusetts Gaming Commission (State gaming regulator) (Sector regulator)

Dates: In force from July 6, 2020 to May 29, 2021 (issued June 23, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCapacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Functions reached: SF slots at half density; table games at three positions; craps, roulette and poker closed; AM valet, coat check closed; amenities under Governor's caps; EVT no promotions or events; LG hotel operations under the plan; HR Pandemic Safety Officer, training, screening; CB masks, symptom screening, non-compliance removal
Grade: Primary source read
Days in this quarter: 87 (in force on the last day)

10. Social Distancing - Table Games (MGM Springfield and Encore Boston Harbor) a. For Blackjack-style tables, install plexiglass dividers not less than 5'10" tall separating dealer from player positions and between player positions. b. No more than 3 player positions at each Blackjack-style table, with chairs for unavailable positions removed. c. No craps or roulette until further notice. d. No poker until further notice. 11. Occupancy Limits a. The occupancy limit for each licensee shall be set by the following formula: Number of gaming positions available x 3 + gaming area employees of the licensee and MGC + capacity of open amenities utilizing the occupancy limits set by the Governor's guidelines for each amenity.

Enforcement: Each licensee's Plan subject to Commission and IEB approval; noncompliance subject to c. 23K, § 35 penalties and license conditions

Citation: Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-036

Workplace Safety and Reopening Standards for Businesses and Other Entities Providing Youth and Adult Amateur Sports Activities - Phase III, Step 1 (July 6, 2020; amended Aug. 13, Oct. 2 and Oct. 4, 2020 and Feb. 8, 2021)

Mandatory sector rules for youth and adult amateur sports: risk categories and levels of play, no indoor tournaments, 25-player caps, spectator prohibitions and limits, face coverings, facility standards

Secretary of the Executive Office of Energy and Environmental Affairs (Kathleen A. Theoharides), Massachusetts Executive Office of Energy and Environmental Affairs (Secretary), sector-specific rules for youth and adult amateur sports under the Governor's reopening orders; State level (State)

Dates: In force from July 6, 2020 to Feb. 8, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Functions reached: AC school and club athletics (levels of play by risk category); SP leagues, facilities, rinks, fields and pools (Sector 17); EVT competitions and tournaments (outdoor only for lower-risk sports); CN concessions and spectators (no indoor adult spectators); MASK; WF coaches and staff; CB families and participants
Grade: Primary source read
Days in this quarter: 87 (in force on the last day)

In accordance with the authority granted to the Secretary of the Executive Office of Energy and Environmental Affairs (EEA) pursuant to COVID-19 Order No. 43 to issue Sector-Specific Rules to implement COVID-19 safety measures for organized youth and adult amateur sports activities, the following guidelines apply to Phase III, Step 1 of the Commonwealth's reopening.... may be sanctioned in accordance with COVID-19 Order No. 43.... Facility Operators and Activity Organizers must comply with the following limitations.... Higher Risk category can participate in Level 1 type [play only]... In Phase III, Step 1, only outdoor Tournaments are allowed for Lower Risk Sports. Competition and Tournament Organizers must adhere to the following: Outdoor Competitions & Tournaments: No more than 25 players on any surface/playing areas... Spectators must wear facial coverings and maintain six feet of…

Enforcement: COVID-19 Order No. 43 (sanctions; civil fines up to $300 per violation under COVID-19 Order No. 31/No. 43; cease-and-desist and closure by the Department of Labor Standards and local boards of health)

Citation: Secretary of the Executive Office of Energy and Environmental Affairs (Kathleen A. Theoharides), Workplace Safety and Reopening Standards for Businesses and Other Entities Providing Youth and Adult Amateur Sports Activities - Phase III, Step 1 (July 6, 2020; amended Aug. 13, Oct. 2 and Oct. 4, 2020 and Feb. 8, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-036) Open the exhibit

Ex. AGY-ST-GAMING-RACING-032

Commission votes of July 2, 2020 (release of July 3, 2020): MGC Votes to Vacate Previous Orders Which Temporarily Suspended Casino and Racing Operations

Vacatur of the May 14, 2020 suspension order (casinos) and the May 7, 2020 postponement order (racing), effective July 6, 2020, subject to the June 23 Minimum Requirements and the racing protocols

Massachusetts Gaming Commission, Massachusetts Gaming Commission (State gaming and racing regulator) (Sector regulator)

Dates: In force from July 6, 2020 to May 29, 2021 (issued July 3, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCapacity limitTravel and quarantineEvents and venues
Functions reached: SF gaming floors reopened July 6, 2020 under Ex. 030; SP racing resumed under Ex. 031; CB out-of-state travelers subject to the Governor's July 24, 2020 quarantine order ($500 daily fine), noted by the Commission to licensees
Grade: Primary source read
Days in this quarter: 87 (in force on the last day)

On July 2, 2020, the Massachusetts Gaming Commission voted unanimously to vacate the order of May 14, 2020 in which the Commission unanimously voted to temporarily suspend the operations of the state's three gaming facilities (Encore Boston Harbor, MGM Springfield and Plainridge Park Casino), subject to the protocols enacted previously by the Commission for COVID-19 and effective July 6, 2020.... The Commission also voted unanimously to vacate the order of May 7, 2020 postponing horse racing at Plainridge Park from June 1, 2020 until further notice, subject to the COVID-19 protocols that were passed July 2, 2020 by the Gaming Commission, effective July 6, 2020.

Enforcement: Reopening 'subject to the protocols'; c. 23K, § 35

Citation: Massachusetts Gaming Commission, Commission votes of July 2, 2020 (release of July 3, 2020): MGC Votes to Vacate Previous Orders Which Temporarily Suspended Casino and Racing Operations (Ex. AGY-ST-GAMING-RACING-032) Open the exhibit

Ex. AGY-ST-GAMING-RACING-031

Protocols for Conduct of Live Racing Under COVID-19 and Reopening Minimum Standards for Horse Racing and Simulcasting Operations

Live harness racing at Plainridge Park without the public; participant-only paddock; draws by conference call; simulcasting and clubhouse limited to 50 percent occupancy

Massachusetts Gaming Commission with Plainridge Park Casino and the Harness Horsemen's Association of New England, Massachusetts Gaming Commission (State racing regulator) (Sector regulator)

Dates: In force from July 6, 2020 to June 30, 2021 (issued July 2, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitFace-covering requirementEvents and venuesWorkplace rules
Functions reached: SP live racing conducted without spectators; postponed from June 1 to July 6, 2020 by Commission order of May 7, 2020; AM simulcast facilities at 50 percent; HR backstretch access limited to essential personnel; CB no on-track public wagering audience
Grade: Primary source read
Days in this quarter: 87 (in force on the last day)

Only individuals associated with horses approved to be in the paddock should be present.... All draws will be done via conference call or other approved method.... limiting occupancy to 50% of authorized capacity.

Enforcement: Commission approval of each licensee's plan a condition of resuming racing and simulcasting (Ex. 032)

Citation: Massachusetts Gaming Commission with Plainridge Park Casino and the Harness Horsemen's Association of New England, Protocols for Conduct of Live Racing Under COVID-19 and Reopening Minimum Standards for Horse Racing and Simulcasting Operations (July 2, 2020) (Ex. AGY-ST-GAMING-RACING-031) Open the exhibit

Ex. AGY-ST-ALCOHOL-091

ABCC Advisory Regarding Extension of Allowance of Outdoor Table Service

Advisory Regarding Extension of Allowance of Outdoor Table Service (COVID-19 Order No. 50)

Massachusetts Alcoholic Beverages Control Commission, Massachusetts (State alcoholic-beverage regulator) (Sector regulator)

Dates: In force from Sept. 10, 2020 to Aug. 15, 2021 (issued Sept. 11, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Capacity limitOther
Functions reached: DR; BA; OP
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

local licensing authorities ("LLA") may approve requests for expansion of outdoor table service or extensions of earlier granted approvals issued pursuant to Section 4 of COVID-19 Order No. 35, from November 1, 2020, for any period up to and until sixty (60) days after the end of the state of emergency.

Enforcement: Local licensing authorities; ABCC notice

Citation: Massachusetts Alcoholic Beverages Control Commission, ABCC Advisory Regarding Extension of Allowance of Outdoor Table Service (Sept. 11, 2020) (Ex. AGY-ST-ALCOHOL-091) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-007

603 CMR 27.00, Student Learning Time, including 27.08 (Health and Safety Standards during a State of Emergency or Other Exigent Circumstances), as amended through February 23, 2021 (Wayback capture of February 26, 2021)

603 CMR 27.08: Commissioner to issue health and safety requirements; every district to submit a plan prioritizing in-person instruction with hybrid and remote models meeting minimum live-instruction hours

Massachusetts Board of Elementary and Secondary Education (regulation); Commissioner Jeffrey C. Riley (requirements issued under 27.08), Massachusetts Board of Elementary and Secondary Education and Commissioner of Elementary and Secondary Education; State level (State)

Dates: In force from Sept. 29, 2020 to May 25, 2021 (issued Feb. 23, 2021)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesOther
Functions reached: IN in-person instruction (plans, modified environments); RL remote and hybrid learning (minimum synchronous hours); EMP health and safety requirements issued by the Commissioner; HR staffing under the models; WF parents' workforce (hybrid schedules); CB families
Grade: Primary source read
Days in this quarter: 2 (in force on the last day)

(1) Upon a declaration by the Governor that an emergency exists which is detrimental to the public health, or upon a determination by the Board that exigent circumstances exist that adversely affect the ability of students to attend classes in a safe environment unless additional health and safety measures are put in place, the Commissioner, in consultation with medical experts and state health officials, shall issue health and safety requirements and related guidance for districts. (2) Upon such a declaration by the Governor or determination by the Board, the Commissioner shall require each district to develop and submit a plan that prioritizes providing in-person instruction to all students in a safe environment.... (3) Alternative education models shall include the following: (a) Hybrid learning model... Effective January 19, 2021, districts and schools operating a hybrid learning…

Enforcement: M.G.L. c. 69, ss. 1B, 1G (Board's regulatory power over school year and safety standards); 603 CMR 27.06-27.07 (waivers, implementation); district compliance is a condition of structured learning time credit and Chapter 70 aid

Citation: Massachusetts Board of Elementary and Secondary Education (regulation); Commissioner Jeffrey C. Riley (requirements issued under 27.08), 603 CMR 27.00, Student Learning Time, including 27.08 (Health and Safety Standards during a State of Emergency or Other Exigent Circumstances), as amended through February 23, 2021 (Wayback capture of February 26, 2021) (Feb. 23, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-007) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-066

Memorandum on the adoption of 603 CMR 27.08 (Board meeting of September 29, 2020, item 4, with tracked text and public comment)

Permanent adoption of 603 CMR 27.08 (Health and Safety Standards during a State of Emergency) after its emergency adoption for the 2020-21 reopening

Commissioner Jeffrey C. Riley (memorandum to the Board); Board vote of September 29, 2020, Massachusetts Board of Elementary and Secondary Education; State level (State)

Dates: In force from Sept. 29, 2020 to Sept. 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Schools and child careWorkplace rules
Functions reached: IN in-person instruction plans; RL hybrid and remote models; EMP health and safety requirements; CB families
Grade: Confirmed from a secondary source
Days in this quarter: 2 (in force on the last day)

Enforcement: 603 CMR 27.08

Citation: Commissioner Jeffrey C. Riley (memorandum to the Board); Board vote of September 29, 2020, Memorandum on the adoption of 603 CMR 27.08 (Board meeting of September 29, 2020, item 4, with tracked text and public comment) (Sept. 29, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-066)

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-GAMING-RACING-029	Massachusetts Gaming Commission (Chair Cathy Judd-Stein), Commission vote and release: MGC Temporarily Suspends Operations at Encore, MGM Springfield and Plainridge Park (Mar. 14, 2020) (Ex. AGY-ST-GAMING-RACING-029)	In force from Mar. 15, 2020 to May 14, 2020 (issued Mar. 14, 2020)	Business closureEvents and venues
Ex. AGY-ST-INSURANCE-BANKING-100	Gary D. Anderson, Commissioner of Insurance, Bulletin 2020-04 (Mar. 16, 2020) (Ex. AGY-ST-INSURANCE-BANKING-100)	In force from Mar. 16, 2020 to June 15, 2021	Health care orders
Ex. AGY-ST-UTILITIES-HOUSING-AG-038	Attorney General Maura Healey (Office of the Attorney General), 940 CMR 3.18, Price Gouging (as amended by emergency regulation effective March 20, 2020) (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-038)	In force from Mar. 20, 2020; end: Standing regulation; operates during 'any declared statewide or national…	Other
Ex. AGY-ST-DMV-SOS-RECORDERS-039	Massachusetts General Court; approved by Governor Charles D. Baker, Chapter 71 of the Acts of 2020 (Apr. 23, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-039)	In force from Apr. 23, 2020; end: Section 8: the repealing section 'shall take effect 3 business days after…	Courts and public officesOther
Ex. AGY-AVIATION-SURFACE-057	Massachusetts Bay Transportation Authority, MBTA face-covering requirement effective May 6, 2020 (Executive Order for face coverings takes effect) (May 5, 2020) (Ex. AGY-AVIATION-SURFACE-057)	In force from May 6, 2020 to Sept. 30, 2021 (issued May 5, 2020)	Face-covering requirementTravel and quarantine

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

Federal layer

Ex. FED-031

CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

Ex. FED-339

Eighth Amended General Order 20-0012

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

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

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

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

Enforcement: court order

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

Ex. FED-303

Standing Order 20-17

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

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

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

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

Enforcement: court order

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

Ex. FED-266

OMB Memorandum M-20-18

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

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

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

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

Enforcement: OMB directive to contracting officers

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

Ex. FED-104

FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)

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

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

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

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

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

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

Ex. FED-147

FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)

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

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

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

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

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

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

Ex. FED-267

OMB Memorandum M-20-19

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

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

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

State of Massachusetts

Ex. MA-040

COVID-19 Order No. 59

Order Temporarily Applying Further Capacity Restrictions to Statewide COVID-19 Safety Rules (Revising Restrictions Otherwise Applicable Pursuant to Orders No. 57 and 58)

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Dec. 26, 2020 to Jan. 10, 2021 (issued Dec. 22, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Business closureTelework mandateCapacity limitGathering cap
Functions reached: OF office spaces cut to 25 percent (telework compelled for the remainder); SF retail 25 percent; DR restaurants 25 percent of seating; WS worship 25 percent; FC fitness 25 percent; LG lodgings 25 percent; SL personal services 25 percent; GATH 10 indoors / 25 outdoors everywhere; sectors not otherwise addressed 25 percent
Grade: Primary source read
Days in this quarter: 6 (in force on the last day)

Effective at 12:01 am on December 26, 2020... the State-wide capacity limitations for gatherings and events set in COVID-19 Order No. 57 and any capacity limitations set in Sector-Specific COVID-19 workplace safety rules... are hereby superseded and revised as specified for the sectors listed on the table below. [Gatherings: 10 persons indoors, 25 persons outdoors, applies to both private homes and event venues and public spaces; Restaurants: 25% of seating capacity; Close Contact Personal Services: 25%; Indoor and Outdoor Events: 10 indoors / 25 outdoors; Theaters and Performance Venues: movie theaters 25% and maximum 50 people, outdoor performance venues 25% and maximum 25 people, indoor performance venues remain closed; Casinos: 25%; Office Spaces: 25%; Places of Worship: 25%; Retail Businesses: 25%; Driving and Flight Schools: 25%; Golf Facilities: 25%; Libraries: 25%; Operators of…

Enforcement: Enforceable under Order No. 57 (gatherings) and Order No. 58 s. 2 (enterprises); 'Each person over the specified capacity limitation and each individual instance of non-compliance... may be treated as a separate violation'

Citation: Governor Charles D. Baker, COVID-19 Order No. 59 (Dec. 22, 2020) (Ex. MA-040) Open the exhibit

Ex. MA-031

COVID-19 Order No. 51

Order Authorizing Re-Opening of Phase III, Step 2 Enterprises in Municipalities with Reduced Incidence of COVID-19 Infection

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Oct. 5, 2020 to Nov. 9, 2020 (issued Sept. 29, 2020)
Quarters: 2020 Q4
Limitations: Business closureCapacity limit
Functions reached: PE indoor performance venues; AM indoor recreation with greater contact; capacity steps by municipality
Grade: Confirmed from a secondary source
Days in this quarter: 36

Citation: Governor Charles D. Baker, COVID-19 Order No. 51 (Sept. 29, 2020) (Ex. MA-031) Open the exhibit

Ex. MA-037

COVID-19 Order No. 56

Order Revising Provisions for Phase III Re-Openings in Municipalities with Reduced Incidence of COVID-19 Infection (Superseding and Rescinding Order No. 51)

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Nov. 9, 2020 to Dec. 13, 2020 (issued Nov. 6, 2020)
Quarters: 2020 Q4
Limitations: Business closureCapacity limit
Functions reached: PE indoor performance venues and AM indoor recreation open only in Lower Risk Communities; CAP capacity steps by municipality
Grade: Primary source read
Days in this quarter: 35

Enterprises in municipalities that qualify as "Lower Risk Communities" may operate according to rules applicable to Step 2 of Phase III of the Commonwealth's phased Re-Opening Plan. Enterprises in municipalities that do not qualify as Lower Risk Communities must comply with rules applicable to Step 1 of Phase III.... Within a municipality that ceases to qualify as a Lower Risk Community... Businesses and other organizations identified as Phase III, Step 2 enterprises in Schedule A attached hereto must close their brick-and-mortar premises to workers, customers, and the public.

Enforcement: Order No. 43 ss. 4-5 and Order No. 37 s. 4; penalties administered under Order No. 48

Citation: Governor Charles D. Baker, COVID-19 Order No. 56 (Nov. 6, 2020) (Ex. MA-037) Open the exhibit

Ex. MA-039

COVID-19 Order No. 58

Order Returning All Municipalities to Phase III, Step 1 COVID-19 Safety Rules (Superseding and Rescinding Order No. 56)

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Dec. 13, 2020 to Mar. 1, 2021 (issued Dec. 8, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Business closureCapacity limitWorkplace rules
Functions reached: PE indoor performance venues closed statewide; AM indoor recreation with greater contact closed; CAP reduced capacity for all Phase I-III enterprises
Grade: Primary source read
Days in this quarter: 19 (in force on the last day)

Effective at 12:01 am on December 13, 2020, in every municipality in the Commonwealth: a. Businesses and other organizations identified as Phase III, Step 2 enterprises in Schedule A attached hereto must close their brick-and-mortar premises to workers, customers, and the public; b. Phase I and II enterprises, and Phase III, Step 1 enterprises... may only operate pursuant to Step 1 Sector-Specific COVID-19 workplace safety rules... Earlier-issued Sector-Specific rules applicable to Step 2 of Phase III, which permitted enterprises located in "Lower-Risk Communities" to operate with increased capacity allowances and other adjustments, are hereby withdrawn.

Enforcement: 'any violation of the terms of this Order or any directives, regulations, or guidance issued pursuant to or to enforce this Order may result in a civil fine as provided in Section 4 of COVID-19 Order No. 37, provided, however, that as provided in St. 1950, c. 639, s. 8, a fine of up to $500 per violation may apply. Each individual instance of non-compliance and each day of continuing…

Citation: Governor Charles D. Baker, COVID-19 Order No. 58 (Dec. 8, 2020) (Ex. MA-039) Open the exhibit

Ex. MA-032

COVID-19 Order No. 52

Phase III, Step 2 Order Regulating Gatherings in the Commonwealth

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Oct. 5, 2020 to Nov. 6, 2020 (issued Sept. 29, 2020)
Quarters: 2020 Q4
Limitations: Gathering capFace-covering requirementAlcohol and barsEvents and venues
Functions reached: MK/EV/BQ conferences, conventions, fundraisers, weddings capped at 25 indoors; BA licensees
Grade: Primary source read
Days in this quarter: 33

Indoor gatherings are limited to 25 persons in a single enclosed, indoor space.... Outdoor gatherings at private residences and in private backyards... are limited to a maximum of 50 people.... In Lower Risk Communities... gatherings at event venues and in public settings... are limited to a maximum of 100 persons...; In communities that do not qualify as Lower Risk Communities, gatherings at event venues and in public settings... are limited to a maximum of 50 persons.... For gatherings of more than 10 people, all persons over the age of 5 must wear a face covering.

Enforcement: Civil fine up to $500 per violation under St. 1950, c. 639, s. 8, administered under G.L. c. 40, s. 21D; injunction; ABCC or local licensing authority may suspend, revoke or cancel an alcohol license; one-week notice to local board of health for outdoor gatherings over 50

Citation: Governor Charles D. Baker, COVID-19 Order No. 52 (Sept. 29, 2020) (Ex. MA-032) Open the exhibit

Ex. MA-033

COVID-19 Order No. 53

Order Requiring Early Closing for Certain Businesses and Activities, Limiting Hours for Alcohol and Adult Use Cannabis Sales, and Modifying Chapter 138 License Renewal Requirements

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Nov. 6, 2020 to Jan. 25, 2021 (issued Nov. 2, 2020)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Business closureCurfew and hoursAlcohol and bars
Functions reached: DR/BA restaurants and bars closed to the public 9:30 p.m.-5 a.m. and alcohol sales banned nightly; RT/ALC package stores nightly alcohol ban; FC/PE/AM entertainment, fitness and recreation curfew; SL personal services curfew
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

Effective at 12:01 AM on November 6, 2020, all businesses, facilities, or activities included within the categories listed below must close their premises to the public each day not later than 9:30 PM and may not re-open their premises to the public before 5:00 AM the following day (the "mandatory closing period").... During the daily mandatory closing period established in Section 1, no person, business, organization, establishment, premises, or service holding or operating under a license issued pursuant to Chapter 138 or Chapter 23K of the General Laws may sell or serve or provide alcohol of any kind to any person anywhere in the Commonwealth. This restriction applies, without limitation, to all retailers, restaurants, private clubs, catering halls, events, and delivery services.

Enforcement: Regulating agencies directed to amend sector rules; each individual sale, delivery or service during the closing period a separate violation; penalties under the reopening orders as administered by Order No. 48; c. 138 licensees remaining closed permitted to renew 2021 licenses without liquor liability insurance proof

Citation: Governor Charles D. Baker, COVID-19 Order No. 53 (Nov. 2, 2020) (Ex. MA-033) Open the exhibit

Ex. MA-034

COVID-19 Order No. 54

Revised Order Further Regulating Gatherings in the Commonwealth

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Nov. 6, 2020 to Dec. 13, 2020 (issued Nov. 2, 2020)
Quarters: 2020 Q4
Limitations: Gathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Functions reached: MK/EV/BQ events capped and ended by 9:30 p.m.; WS religious gatherings under worship sector rules
Grade: Primary source read
Days in this quarter: 38

Indoor gatherings at private residences... are limited to a maximum of 10 people. Outdoor gatherings at private residences... are limited to a maximum of 25 people.... Indoor gatherings at event venues or in public settings are limited to a maximum of 25 people.... [outdoor at venues] 100 persons in Lower Risk Communities... 50 persons [elsewhere].... All gatherings, no matter the size or location, must end and participants must disperse by 9:30 pm, with the exceptions of religious gatherings and political gatherings.

Enforcement: Civil fine up to $500 per violation under St. 1950, c. 639, s. 8, assessed on the organizer, host or property owner, each person over the limit a separate violation, administered under G.L. c. 40, s. 21D; injunction; ABCC license suspension; mandatory reporting of positive cases and cooperation with contact tracing

Citation: Governor Charles D. Baker, COVID-19 Order No. 54 (Nov. 2, 2020) (Ex. MA-034) Open the exhibit

Ex. MA-038

COVID-19 Order No. 57

Further Revised Order Regulating Gatherings in the Commonwealth (Superseding and Rescinding Order No. 54)

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Dec. 13, 2020 to Jan. 25, 2021 (issued Dec. 8, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Gathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Functions reached: MK/EV/BQ events; WS worship under sector rules
Grade: Primary source read
Days in this quarter: 19 (in force on the last day)

Indoor gatherings at private residences... are limited to a maximum of 10 people. Outdoor gatherings at private residences... are limited to a maximum of 25 people.... Indoor gatherings at event venues or in public settings are limited to a maximum of 25 people. Outdoor gatherings at event venues or in public settings are limited to a maximum of 50 persons in a single venue or space.... All gatherings, no matter the size or location, must end and participants must disperse by 9:30pm, with the exceptions of religious gatherings and political gatherings.

Enforcement: Civil fine up to $500 per violation under St. 1950, c. 639, s. 8, per person over the limit, administered under G.L. c. 40, s. 21D; injunction; ABCC license suspension; contact-tracing cooperation

Citation: Governor Charles D. Baker, COVID-19 Order No. 57 (Dec. 8, 2020) (Ex. MA-038) Open the exhibit

Ex. MA-064

Order of the Commissioner of Public Health Regarding Control of COVID-19 in Long-Term Care Facilities

Long-term care control order (admissions freeze authority)

Commissioner of Public Health Monica Bharel, Massachusetts (State)

Dates: In force from Nov. 5, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IN admissions; IC infection control, staffing and PPE; HR staffing levels; SC PPE supply
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

If the Department determines that there is a threat to the health and safety of residents of a licensed long term care facility due to the risk of uncontrolled transmission of COVID-19 within the facility, the facility must take such steps as the Department determines are necessary to mitigate the risk... Following such a determination and upon notice from the Department, the facility must stop accepting new admissions until such time as the conditions at the facility have sufficiently improved and the Department notifies the facility that it may resume admissions.... All licensed long-term care facilities must cooperate with the Commonwealth's efforts to monitor and respond to the risk of COVID-19 infection in their facilities. Facilities must: a. Report to the Department when conditions in their facility create an increased risk of outbreak, including shortages or potential shortages…

Enforcement: Admissions freeze on DPH notice; licensure enforcement; factors include failure to comply with testing policies and survey deficiencies

Citation: Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding Control of COVID-19 in Long-Term Care Facilities (Nov. 5, 2020) (Ex. MA-064) Open the exhibit

Ex. MA-035

COVID-19 Order No. 55

Revised Order Requiring Face Coverings in Public Places

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Nov. 6, 2020 to Apr. 30, 2021 (issued Nov. 2, 2020)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rules
Functions reached: SF sales floors; WF commuting and carpools; EMP workplace accommodation rules; EV events and performances
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

Except as provided in Section 2, all persons in Massachusetts over the age of 5 years old are required to wear a mask or cloth face covering over their mouth and nose when in a public location, whether indoors and outdoors.... Public locations include any place open to the public including, without limitation, grocery stores, pharmacies, and other retail stores; public transportation, taxis, livery, and other ride-sharing vehicles; public streets and ways; and any location that hosts indoor or outdoor events or performances. Masks or cloth face coverings are also required when in a carpool with non-household members.

Enforcement: DPH, local boards of health and authorized agents, MBTA Transit Police; civil fine up to $300 per violation under G.L. c. 40, s. 21D; employers may require documentation for a medical accommodation

Citation: Governor Charles D. Baker, COVID-19 Order No. 55 (Nov. 2, 2020) (Ex. MA-035) Open the exhibit

Ex. MA-065

Order of the Commissioner of Public Health Regarding Scheduling and Performance of Elective Invasive Procedures

Winter curtailment of non-essential elective invasive procedures

Commissioner of Public Health Monica Bharel, Massachusetts (State)

Dates: In force from Dec. 11, 2020 to Mar. 1, 2021 (issued Dec. 7, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Health care orders
Functions reached: SX/PR non-essential elective invasive procedures curtailed Dec. 11, 2020-Mar. 1, 2021; IP inpatient capacity preserved
Grade: Confirmed from a secondary source
Days in this quarter: 21 (in force on the last day)

As recited in the March 1, 2021 rescission (Ex. MA-066): 'On December 7, 2020... I issued an Order of the Commissioner of Public Health Regarding Scheduling and Performance of Elective Invasive Procedures, effective from 12:01 a.m. on December 11, 2020.'

Enforcement: Facility licensure

Citation: Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding Scheduling and Performance of Elective Invasive Procedures (Dec. 7, 2020) (Ex. MA-065) Open the exhibit

Continuing in force from an earlier quarter of this report (23 instruments):

Exhibit	Citation	Dates	Limitations
Ex. MA-017	Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017)	In force from May 18, 2020 to May 29, 2021	Business closureTelework mandateCapacity limitGathering capFace-covering requirementWorkplace rules
Ex. MA-019	Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (Ex. MA-019)	In force from June 8, 2020 to May 29, 2021 (issued June 6, 2020)	Business closureTelework mandateCapacity limitAlcohol and barsEvents and venuesWorkplace rules
Ex. MA-021	Governor Charles D. Baker, COVID-19 Order No. 40 (June 19, 2020) (Ex. MA-021)	In force from June 22, 2020 to May 29, 2021 (issued June 19, 2020)	Business closureCapacity limitWorkplace rules
Ex. MA-023	Governor Charles D. Baker, COVID-19 Order No. 43 (July 2, 2020) (Ex. MA-023)	In force from July 6, 2020 to May 29, 2021 (issued July 2, 2020)	Business closureTelework mandateCapacity limitEvents and venuesWorkplace rules
Ex. MA-002	Governor Charles D. Baker, COVID-19 Order No. 1 (Mar. 12, 2020) (Ex. MA-002)	In force from Mar. 12, 2020 to Sept. 30, 2021	Gathering capCourts and public offices
Ex. MA-009	Department of Public Health (Commissioner Monica Bharel), DPH Stay-at-Home Advisory (Mar. 23, 2020); Safer at Home Advisory (May 18, 2020); Stay at Home Advisory 10 p.m.-5 a.m. (Nov. 2, 2020) (Ex. MA-009)	In force from Mar. 24, 2020 to May 18, 2020 (issued Mar. 23, 2020)	Stay-at-home
Ex. MA-018	Governor Charles D. Baker, COVID-19 Order No. 35 (June 1, 2020) (Ex. MA-018)	In force from June 1, 2020 to May 29, 2021	Business closureAlcohol and barsEvents and venuesWorkplace rules
Ex. MA-026	Governor Charles D. Baker, COVID-19 Order No. 46 (Aug. 7, 2020) (Ex. MA-026)	In force from Aug. 11, 2020 to Oct. 5, 2020 (issued Aug. 7, 2020)	Gathering capFace-covering requirementAlcohol and barsEvents and venues
Ex. MA-030	Governor Charles D. Baker, COVID-19 Order No. 50 (Sept. 10, 2020) (Ex. MA-030)	In force from Sept. 10, 2020 to June 15, 2021	Business closureAlcohol and barsEvents and venues
Ex. MA-001	Governor Charles D. Baker, Executive Order No. 591 (Mar. 10, 2020) (Ex. MA-001)	In force from Mar. 10, 2020 to June 15, 2021	Emergency declaration
Ex. MA-056	Commissioner of Public Health, Order of the Commissioner of Public Health Implementing Policies and Procedures for Restricting Visitor Access to Nursing Homes and Rest Homes (Mar. 12, 2020) (Ex. MA-056)	In force from Mar. 12, 2020 to June 14, 2021	Health care orders
Ex. MA-057	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health (hospital visitor restrictions) (Mar. 15, 2020) (Ex. MA-057)	In force from Mar. 17, 2020 to June 15, 2021 (issued Mar. 15, 2020)	Health care orders
Ex. MA-007	Governor Charles D. Baker, COVID-19 Order No. 11 (Mar. 20, 2020) with Orders No. 6, 39, 47, 64 (Ex. MA-007)	In force from Mar. 20, 2020 to May 29, 2021	Courts and public offices
Ex. MA-051	General Court (Legislature); approved by the Governor, Chapter 53 of the Acts of 2020 (Apr. 3, 2020) (Ex. MA-051)	In force from Apr. 3, 2020 to May 1, 2022	Alcohol and barsCourts and public officesOther
Ex. MA-052	General Court (Legislature); approved by the Governor, Chapter 65 of the Acts of 2020 (Apr. 20, 2020) (Ex. MA-052)	In force from Apr. 20, 2020 to Dec. 31, 2020	Courts and public officesOther
Ex. MA-016	Governor Charles D. Baker, COVID-19 Order No. 31 (May 1, 2020) (Ex. MA-016)	In force from May 6, 2020 to Nov. 6, 2020 (issued May 1, 2020)	Face-covering requirementWorkplace rules
Ex. MA-061	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding the Scheduling and Performance of Non-Essential Elective Invasive Procedures (June 24, 2020) (Ex. MA-061)	In force from June 24, 2020 to Dec. 11, 2020	Health care ordersWorkplace rules
Ex. MA-022	Governor Charles D. Baker, COVID-19 Order No. 41 (June 26, 2020) (Ex. MA-022)	In force from June 26, 2020 to May 29, 2021	Schools and child careCourts and public officesWorkplace rules
Ex. MA-072	Supreme Judicial Court and Executive Office of the Trial Court (index page of the Massachusetts Court System), Court System Response to COVID-19 (guide) listing the SJC and Trial Court orders (July 1, 2020) (Ex. MA-072)	In force from July 1, 2020 to Sept. 30, 2021	Courts and public offices
Ex. MA-025	Governor Charles D. Baker, COVID-19 Order No. 45 (July 24, 2020) (Ex. MA-025)	In force from Aug. 1, 2020 to Mar. 22, 2021 (issued July 24, 2020)	Travel and quarantineWorkplace rulesQuarantine and isolation
Ex. MA-027	Governor Charles D. Baker, COVID-19 Order No. 47 (Aug. 11, 2020) (Ex. MA-027)	In force from Aug. 11, 2020 to May 29, 2021	Courts and public offices
Ex. MA-028	Governor Charles D. Baker, COVID-19 Order No. 48 (Aug. 18, 2020) (Ex. MA-028)	In force from Aug. 18, 2020 to May 29, 2021	Other
Ex. MA-029	Governor Charles D. Baker, COVID-19 Order No. 49 (Aug. 28, 2020) (Ex. MA-029)	In force from Aug. 28, 2020 to June 15, 2021	Schools and child care

Agencies, boards and authorities: Massachusetts

Ex. AGY-ST-GAMING-RACING-033

Minimum Requirements for the Reintroduction of Roulette at the Category 1 Gaming Establishments (order of October 8, 2020)

Roulette permitted again at Encore and MGM Springfield under conditions: three players per table, seated only, no standing or congregating, IEB-approved layouts

Massachusetts Gaming Commission, Massachusetts Gaming Commission (State gaming regulator) (Sector regulator)

Dates: In force from Oct. 8, 2020 to May 29, 2021
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Capacity limitGathering capWorkplace rules
Functions reached: SF roulette closed July 6 - Oct. 8, 2020, then limited to three seated players; craps and poker still closed
Grade: Primary source read
Days in this quarter: 85 (in force on the last day)

Item 10.c. of those Minimum Requirements provides that no craps or roulette are to be allowed 'until further notice.'... Minimum Requirements for Roulette: a. There shall be a maximum of 3 players per roulette table. b. Players are required to remain seated while gambling. c. No patrons are permitted to stand or congregate around roulette tables.

Enforcement: IEB approval of layouts before operation; c. 23K, § 35

Citation: Massachusetts Gaming Commission, Minimum Requirements for the Reintroduction of Roulette at the Category 1 Gaming Establishments (order of October 8, 2020) (Oct. 8, 2020) (Ex. AGY-ST-GAMING-RACING-033) Open the exhibit

Ex. AGY-ST-GAMING-RACING-034

Commission votes of November 5, 2020: supplement to the Gaming Guidelines, racing protocols and simulcasting plans to ensure compliance with COVID-19 Order No. 53

Gaming licensees to re-comply with requirements implementing Order No. 53 (early closing and limited hours of gaming establishments); racing and simulcasting plans supplemented

Massachusetts Gaming Commission, Massachusetts Gaming Commission (State gaming and racing regulator) (Sector regulator)

Dates: In force from Nov. 6, 2020 to Jan. 25, 2021 (issued Nov. 5, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Capacity limitCurfew and hoursWorkplace rules
Functions reached: SF gaming floors closed nightly 9:30 p.m. - 5:00 a.m. under Order No. 53 as implemented; FB casino restaurants and bars under the 9:30 p.m. rule; SP/AM racing and simulcast hours
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

During a public meeting on November 5, 2020, the Commission voted to supplement the Gaming Guidelines previously approved on June 23, 2020 by requiring each gaming licensee to re-comply with the requirements to ensure compliance with COVID-19 Order No. 53, requiring early closing and limiting hours of the Commonwealth's gaming establishments in the manner discussed during the public meeting. The Commission also voted to supplement its protocols for the conduct of live racing under COVID-19 to incorporate the requirements set forth in COVID-19 Order No. 53... Lastly, the Commission voted to direct simulcasting licensees to supplement their respective plans... and submit that plan to the Commission for approval.

Enforcement: Commission supplement to license conditions; plan approval; c. 23K, § 35

Citation: Massachusetts Gaming Commission, Commission votes of November 5, 2020: supplement to the Gaming Guidelines, racing protocols and simulcasting plans to ensure compliance with COVID-19 Order No. 53 (Nov. 5, 2020) (Ex. AGY-ST-GAMING-RACING-034) Open the exhibit

Ex. AGY-ST-GAMING-RACING-035

Requirements to Ensure Compliance with COVID-19 Order No. 59, Order Temporarily Applying Further Capacity Restrictions to Statewide COVID-19 Safety Rules

Supplemental requirements: total occupancy of each gaming establishment capped at 25 percent (workers included); amenities at the Order No. 59 sector caps; effective 12:01 a.m. December 26, 2020

Massachusetts Gaming Commission, Massachusetts Gaming Commission (State gaming regulator) (Sector regulator)

Dates: In force from Dec. 26, 2020 to Jan. 24, 2021 (issued Dec. 22, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Capacity limitCurfew and hoursWorkplace rules
Functions reached: SF gaming establishments at 25 percent including workers; FB, AM restaurants, retail and amenities at 25 percent; EVT none
Grade: Primary source read
Days in this quarter: 6 (in force on the last day)

On December 22, 2020, the Baker-Polito Administration issued 'COVID-19 Order No. 59 - Order Temporarily Applying Further Capacity Restrictions to Statewide COVID-19 Safety Rules,' effective at 12:01 AM on Saturday, December 26, 2020, requiring, in relevant part, capacity limitations of 25% for casinos, restaurants, and retail businesses.... With respect to casinos, COVID-19 Order No. 59 further provides as follows: 'MGC to re-issue capacity rules as necessary.'... In calculating the 25% capacity limit under this Supplemental Requirement, workers and staff are included... 2. For Amenities: Each gaming licensee shall abide by the 25% occupancy limits established in Order No. 59 for applicable sectors.... 4. These Supplemental Requirements are effective at 12:01 AM on December 26, 2020.

Enforcement: Commission requirements binding on licensees; c. 23K, § 35

Citation: Massachusetts Gaming Commission, Requirements to Ensure Compliance with COVID-19 Order No. 59, Order Temporarily Applying Further Capacity Restrictions to Statewide COVID-19 Safety Rules (Dec. 22, 2020) (Ex. AGY-ST-GAMING-RACING-035) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-117

Order of the Commissioner of Public Health Allowing Certain Individuals to Administer Influenza and COVID-19 Vaccines (revised Dec. 18, 2020; original Nov. 2, 2020)

Paramedics, EMTs, and medical and nursing students may administer influenza vaccine and EUA COVID-19 vaccines under a practitioner's order, with training, supervision and written storage and handling protocols

Monica Bharel, MD, MPH, Commissioner of Public Health, Massachusetts - Department of Public Health (State health department) (State)

Dates: In force from Dec. 18, 2020 to Mar. 31, 2021
Quarters: 2020 Q42021 Q1
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR credentialing (who may vaccinate); CL vaccination site operations; ED EMS personnel redeployed to vaccination
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

The purpose of this Order is to make possible the prompt administration of influenza vaccine and any [COVID-19 vaccine authorized by the Food and Drug] Administration in order to reduce morbidity and mortality from seasonal influenza and the COVID-19 [pandemic]... I hereby determine that there will be insufficient health care professionals available for timely vaccine administration. Therefore, pursuant to my authority, as set out in G.L. c. 94C, § 7(g) and 105 CMR [700.003, I order that the following individuals may administer influenza vaccine and] COVID-19 vaccines with EUA as set out in this Order and accompanying guidance... Any paramedic, EMT, medical or nursing student administering a vaccine in accordance with this Order shall administer the vaccine in accordance with the order or prescription of a duly registered practitioner... [and] must comply with written protocols to ensure…

Enforcement: G.L. c. 94C; professional licensure (Boards of Registration; OEMS)

Citation: Monica Bharel, MD, MPH, Commissioner of Public Health, Order of the Commissioner of Public Health Allowing Certain Individuals to Administer Influenza and COVID-19 Vaccines (revised Dec. 18, 2020; original Nov. 2, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-117) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-GAMING-RACING-030	Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030)	In force from July 6, 2020 to May 29, 2021 (issued June 23, 2020)	Business closureCapacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Ex. AGY-ST-EDUCATION-HIGHER-ED-036	Secretary of the Executive Office of Energy and Environmental Affairs (Kathleen A. Theoharides), Workplace Safety and Reopening Standards for Businesses and Other Entities Providing Youth and Adult Amateur Sports Activities - Phase III, Step 1 (July 6, 2020; amended Aug. 13, Oct. 2 and Oct. 4, 2020 and Feb. 8, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-036)	In force from July 6, 2020 to Feb. 8, 2021	Capacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Ex. AGY-ST-GAMING-RACING-032	Massachusetts Gaming Commission, Commission votes of July 2, 2020 (release of July 3, 2020): MGC Votes to Vacate Previous Orders Which Temporarily Suspended Casino and Racing Operations (Ex. AGY-ST-GAMING-RACING-032)	In force from July 6, 2020 to May 29, 2021 (issued July 3, 2020)	Business closureCapacity limitTravel and quarantineEvents and venues
Ex. AGY-ST-GAMING-RACING-031	Massachusetts Gaming Commission with Plainridge Park Casino and the Harness Horsemen's Association of New England, Protocols for Conduct of Live Racing Under COVID-19 and Reopening Minimum Standards for Horse Racing and Simulcasting Operations (July 2, 2020) (Ex. AGY-ST-GAMING-RACING-031)	In force from July 6, 2020 to June 30, 2021 (issued July 2, 2020)	Capacity limitFace-covering requirementEvents and venuesWorkplace rules
Ex. AGY-ST-ALCOHOL-091	Massachusetts Alcoholic Beverages Control Commission, ABCC Advisory Regarding Extension of Allowance of Outdoor Table Service (Sept. 11, 2020) (Ex. AGY-ST-ALCOHOL-091)	In force from Sept. 10, 2020 to Aug. 15, 2021 (issued Sept. 11, 2020)	Capacity limitOther
Ex. AGY-ST-INSURANCE-BANKING-100	Gary D. Anderson, Commissioner of Insurance, Bulletin 2020-04 (Mar. 16, 2020) (Ex. AGY-ST-INSURANCE-BANKING-100)	In force from Mar. 16, 2020 to June 15, 2021	Health care orders
Ex. AGY-ST-UTILITIES-HOUSING-AG-038	Attorney General Maura Healey (Office of the Attorney General), 940 CMR 3.18, Price Gouging (as amended by emergency regulation effective March 20, 2020) (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-038)	In force from Mar. 20, 2020; end: Standing regulation; operates during 'any declared statewide or national…	Other
Ex. AGY-ST-DMV-SOS-RECORDERS-039	Massachusetts General Court; approved by Governor Charles D. Baker, Chapter 71 of the Acts of 2020 (Apr. 23, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-039)	In force from Apr. 23, 2020; end: Section 8: the repealing section 'shall take effect 3 business days after…	Courts and public officesOther
Ex. AGY-AVIATION-SURFACE-057	Massachusetts Bay Transportation Authority, MBTA face-covering requirement effective May 6, 2020 (Executive Order for face coverings takes effect) (May 5, 2020) (Ex. AGY-AVIATION-SURFACE-057)	In force from May 6, 2020 to Sept. 30, 2021 (issued May 5, 2020)	Face-covering requirementTravel and quarantine
Ex. AGY-ST-EDUCATION-HIGHER-ED-007	Massachusetts Board of Elementary and Secondary Education (regulation); Commissioner Jeffrey C. Riley (requirements issued under 27.08), 603 CMR 27.00, Student Learning Time, including 27.08 (Health and Safety Standards during a State of Emergency or Other Exigent Circumstances), as amended through February 23, 2021 (Wayback capture of February 26, 2021) (Feb. 23, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-007)	In force from Sept. 29, 2020 to May 25, 2021 (issued Feb. 23, 2021)	Face-covering requirementSchools and child careWorkplace rulesOther
Ex. AGY-ST-EDUCATION-HIGHER-ED-066	Commissioner Jeffrey C. Riley (memorandum to the Board); Board vote of September 29, 2020, Memorandum on the adoption of 603 CMR 27.08 (Board meeting of September 29, 2020, item 4, with tracked text and public comment) (Sept. 29, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-066)	In force from Sept. 29, 2020 to Sept. 30, 2021	Schools and child careWorkplace rules

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

Federal layer

Ex. FED-060

Executive Order 13991

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

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

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

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

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

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

Ex. FED-270

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

Ex. FED-296

Tenth Amended General Order 20-0012

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

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

Dates: In force from Feb. 12, 2021 to Apr. 5, 2021
Quarters: 2021 Q12021 Q2
Limitations: Gathering capCourts and public offices
Functions reached: CT Chicago's federal court: no jury trials Mar. 17, 2020 - Apr. 5, 2021, in ten successive orders; CS
Grade: Primary source read
Days in this quarter: 48 (in force on the last day)

it is hereby ORDERED:... 2. All civil and criminal jury trials are suspended until April 5, 2021.... 9. All public gatherings are suspended at both the Everett McKinley Dirksen U.S. Courthouse in Chicago and the Stanley J. Roszkowski U.S. Courthouse in Rockford...

Enforcement: court order

Citation: Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296) Open the exhibit

Ex. FED-155

QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19

QSO-20-39-NH (REVISED 03/10/2021)

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

Dates: In force from Mar. 10, 2021 to Apr. 27, 2021
Quarters: 2021 Q12021 Q2
Limitations: Gathering capHealth care orders
Functions reached: VS visitation (indoor visitation to be allowed at all times except the three limiting scenarios)
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

Enforcement: F-tag F563

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155) Open the exhibit

Ex. FED-305

Standing Order 21-02

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

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

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

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

Enforcement: court order

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

Ex. FED-008

Memorandum of February 2, 2021

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

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

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

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

Enforcement: Funding directive

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

Ex. FED-071

Executive Order 13910

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

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 23, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC PPE procurement and inventory of every employer; RT retail of designated materials; DS wholesale distribution
Grade: Primary source read
Days in this quarter: 90 (the whole quarter)

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

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

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

Ex. FED-099

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

QSO-20-20-ALL, Prioritization of Survey Activities

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

Dates: In force from Mar. 23, 2020 to May 1, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersCourts and public offices
Functions reached: CT/HR licensure, certification and survey functions of every certified provider (initial certifications, changes of ownership and revisits delayed); IC (focused infection control surveys imposed)
Grade: Primary source read
Days in this quarter: 90 (the whole quarter)

On Friday, March 13, 2020, the President declared a national emergency, which triggers the Secretary's ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). [CMS suspends standard surveys and prioritizes survey activity to immediate jeopardy complaints, infection control surveys and other listed categories for a three-week period, then as extended.]

Enforcement: Governs State Survey Agency operations (federal survey and certification)

Ex. FED-115

FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)

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

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

Dates: In force from Mar. 23, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 90 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-398	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)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-154	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-339	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	In force from Nov. 13, 2020 to Jan. 12, 2021	Gathering capCourts and public offices
Ex. FED-303	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	In force from Nov. 25, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-367	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	In force from Mar. 16, 2020 to Apr. 1, 2021	Other
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-292	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	In force from Mar. 19, 2020 to July 19, 2021	Courts and public offices
Ex. FED-034	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-132	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	In force from Mar. 20, 2020 to May 11, 2023	Emergency declaration
Ex. FED-104	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-147	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration

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

State of Massachusetts

Ex. MA-041

COVID-19 Order No. 60

Order Extending the Provisions of COVID-19 Order No. 59 (to noon January 24, 2021)

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Jan. 7, 2021 to Jan. 21, 2021
Quarters: 2021 Q1
Limitations: Capacity limitGathering cap
Functions reached: all Order No. 59 functions through January 24, 2021
Grade: Confirmed from a secondary source
Days in this quarter: 15

Enforcement: As in Order No. 59

Citation: Governor Charles D. Baker, COVID-19 Order No. 60 (Jan. 7, 2021) (Ex. MA-041)

Ex. MA-042

COVID-19 Order No. 62

Order Further Extending Application of Additional Capacity Restrictions to Statewide COVID-19 Safety Rules and Rescinding Early Closing Requirements

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Jan. 21, 2021 to Feb. 8, 2021
Quarters: 2021 Q1
Limitations: Capacity limitGathering capCurfew and hoursAlcohol and bars
Functions reached: all Order No. 59 functions to Feb. 8, 2021; curfew lifted Jan. 25, 2021
Grade: Primary source read
Days in this quarter: 19

The provisions of COVID-19 Order No. 59, which imposed reduced, across the board capacity restrictions for gatherings, events, and a range of other business sectors and other enterprises, are hereby further extended and shall remain in effect until 5 AM on February 8, 2021 unless further extended by subsequent Order.... Effective at 5:00 AM on January 25, 2021, Sections 1 and 2 of COVID-19 Order No. 53 are rescinded and the nightly mandatory closing period... shall no longer be in effect.... Effective at 5:00 AM on January 25, 2021, Section 4 of COVID-19 Order No. 57 is rescinded and the requirement that gatherings... must end by 9:30 PM shall no longer be in effect.

Enforcement: As in Orders No. 57, 58 and 59

Citation: Governor Charles D. Baker, COVID-19 Order No. 62 (Jan. 21, 2021) (Ex. MA-042) Open the exhibit

Ex. MA-043

COVID-19 Order No. 63 (with the March 18, 2021 Appendix effective March 22, 2021)

Further Revised Order Regulating Gatherings in the Commonwealth (Superseding and Rescinding Order No. 57)

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Feb. 8, 2021 to Apr. 30, 2021 (issued Feb. 4, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venues
Functions reached: MK/EV/BQ events 10 indoors until Mar. 22, 2021, then 100 at venues; WS worship under sector rules
Grade: Primary source read
Days in this quarter: 52 (in force on the last day)

Indoor gatherings are limited to a maximum of 10 people. Outdoor gatherings are limited to a maximum of 25 people. These limits may be adjusted from time to time based on developments in the public health data. Such adjustments may be published as appendices to this Order.... [Appendix, Mar. 18, 2021, per the Commonwealth's index: gatherings at private residences 10 indoors / 25 outdoors; gatherings at event venues and in public settings 100 indoors / 150 outdoors.]

Enforcement: Civil fine up to $500 per violation under St. 1950, c. 639, s. 8, assessed on the organizer, host or property owner; 'Each person over the permissible gathering limitation in Section 3 and each individual instance of non-compliance... may be treated as a separate violation'; administered under G.L. c. 40, s. 21D; injunction; ABCC license suspension

Citation: Governor Charles D. Baker, COVID-19 Order No. 63 (with the March 18, 2021 Appendix effective March 22, 2021) (Feb. 4, 2021) (Ex. MA-043) Open the exhibit

Ex. MA-044

COVID-19 Order No. 65

Order Advancing All Communities to Phase III, Step 2 of the Commonwealth's Reopening Plan (Superseding and Rescinding Order No. 58)

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 1, 2021 to May 29, 2021 (issued Feb. 25, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Business closureCapacity limitWorkplace rules
Functions reached: PE indoor performance venues reopened at limited capacity; AM indoor recreation with greater contact; Phase IV (stadiums, exhibition and convention halls, bars, dance floors, amusement parks, festivals) still closed
Grade: Primary source read
Days in this quarter: 31 (in force on the last day)

Effective March 1, 2021 in all municipalities in the Commonwealth, businesses and other organizations that are designated as Phase III, Step 2 enterprises on the attached Schedule A may open their brick-and-mortar premises to workers, customers, and the public. Phase I, II, and III enterprises, as identified in Schedule A, may operate pursuant to revised Sector-Specific COVID-19 workplace safety rules that may provide for increased capacity.

Enforcement: Order No. 43 ss. 4-5; penalties administered under Order No. 48

Citation: Governor Charles D. Baker, COVID-19 Order No. 65 (Feb. 25, 2021) (Ex. MA-044) Open the exhibit

Ex. MA-045

COVID-19 Order No. 66

Order Advancing All Communities to Phase IV, Step 1 of the Commonwealth's Re-Opening Plan and Transitioning to a Travel Advisory Policy (Rescinding Order No. 45)

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Mar. 22, 2021 to May 29, 2021 (issued Mar. 18, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Business closureCapacity limitTravel and quarantineEvents and venuesWorkplace rules
Functions reached: MC/EV exhibition and convention halls reopened at 12 percent with DPH safety plans; SP stadiums and arenas 12 percent; BA bars, dance clubs and nightclubs still closed; AM amusement parks closed until May 10; TV travel order ended; advisory only
Grade: Primary source read
Days in this quarter: 10 (in force on the last day)

Effective at 12:01 am on March 22, 2021 in all municipalities in the Commonwealth, businesses and other organizations that are designated as Phase IV, Step 1 enterprises on the attached Schedule A may open their brick-and-mortar premises to workers, customers, and the public. Businesses and other organizations that are designated as Phase IV, Step 2 enterprises... must keep their brick-and-mortar premises closed to the public and may not conduct Phase IV activities except as remote means permit until Step 2 of Phase IV is commenced by subsequent executive order.... Large capacity venues may operate at 12 percent of permitted capacity... COVID-19 Order No. 45, which instituted a 14-day quarantine requirement for travelers arriving in Massachusetts, is rescinded effective at 12:01 am on March 22, 2021. The Department of Public Health shall issue in its place an Advisory for Travelers to…

Enforcement: DPH review of COVID-19 safety plans for large venues; Order No. 43 ss. 4-5 penalties administered under Order No. 48

Citation: Governor Charles D. Baker, COVID-19 Order No. 66 (Mar. 18, 2021) (Ex. MA-045) Open the exhibit

Ex. MA-066

Rescission of Order of the Commissioner of Public Health (elective invasive procedures)

Rescission of the December 7, 2020 elective-procedures order

Commissioner of Public Health Monica Bharel, Massachusetts (State)

Dates: In force from Mar. 1, 2021 to Mar. 31, 2021
Quarters: 2021 Q1
Limitations: Health care orders
Functions reached: SX/PR elective procedures resumed Mar. 1, 2021
Grade: Primary source read
Days in this quarter: 31 (in force on the last day)

On December 7, 2020... I issued an Order of the Commissioner of Public Health Regarding Scheduling and Performance of Elective Invasive Procedures, effective from 12:01 a.m. on December 11, 2020.... Accordingly, as its provisions are no longer necessary to protect patients and the healthcare workforce, or to conserve resources, I now RESCIND the Order of the Commissioner of Public Health Regarding Scheduling and Performance of Elective Invasive Procedures, effective March 1, 2021.

Enforcement: n/a

Citation: Commissioner of Public Health Monica Bharel, Rescission of Order of the Commissioner of Public Health (elective invasive procedures) (Mar. 1, 2021) (Ex. MA-066) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. MA-017	Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017)	In force from May 18, 2020 to May 29, 2021	Business closureTelework mandateCapacity limitGathering capFace-covering requirementWorkplace rules
Ex. MA-040	Governor Charles D. Baker, COVID-19 Order No. 59 (Dec. 22, 2020) (Ex. MA-040)	In force from Dec. 26, 2020 to Jan. 10, 2021 (issued Dec. 22, 2020)	Business closureTelework mandateCapacity limitGathering cap
Ex. MA-019	Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (Ex. MA-019)	In force from June 8, 2020 to May 29, 2021 (issued June 6, 2020)	Business closureTelework mandateCapacity limitAlcohol and barsEvents and venuesWorkplace rules
Ex. MA-021	Governor Charles D. Baker, COVID-19 Order No. 40 (June 19, 2020) (Ex. MA-021)	In force from June 22, 2020 to May 29, 2021 (issued June 19, 2020)	Business closureCapacity limitWorkplace rules
Ex. MA-023	Governor Charles D. Baker, COVID-19 Order No. 43 (July 2, 2020) (Ex. MA-023)	In force from July 6, 2020 to May 29, 2021 (issued July 2, 2020)	Business closureTelework mandateCapacity limitEvents and venuesWorkplace rules
Ex. MA-039	Governor Charles D. Baker, COVID-19 Order No. 58 (Dec. 8, 2020) (Ex. MA-039)	In force from Dec. 13, 2020 to Mar. 1, 2021 (issued Dec. 8, 2020)	Business closureCapacity limitWorkplace rules
Ex. MA-002	Governor Charles D. Baker, COVID-19 Order No. 1 (Mar. 12, 2020) (Ex. MA-002)	In force from Mar. 12, 2020 to Sept. 30, 2021	Gathering capCourts and public offices
Ex. MA-009	Department of Public Health (Commissioner Monica Bharel), DPH Stay-at-Home Advisory (Mar. 23, 2020); Safer at Home Advisory (May 18, 2020); Stay at Home Advisory 10 p.m.-5 a.m. (Nov. 2, 2020) (Ex. MA-009)	In force from Mar. 24, 2020 to May 18, 2020 (issued Mar. 23, 2020)	Stay-at-home
Ex. MA-018	Governor Charles D. Baker, COVID-19 Order No. 35 (June 1, 2020) (Ex. MA-018)	In force from June 1, 2020 to May 29, 2021	Business closureAlcohol and barsEvents and venuesWorkplace rules
Ex. MA-030	Governor Charles D. Baker, COVID-19 Order No. 50 (Sept. 10, 2020) (Ex. MA-030)	In force from Sept. 10, 2020 to June 15, 2021	Business closureAlcohol and barsEvents and venues
Ex. MA-033	Governor Charles D. Baker, COVID-19 Order No. 53 (Nov. 2, 2020) (Ex. MA-033)	In force from Nov. 6, 2020 to Jan. 25, 2021 (issued Nov. 2, 2020)	Business closureCurfew and hoursAlcohol and bars
Ex. MA-038	Governor Charles D. Baker, COVID-19 Order No. 57 (Dec. 8, 2020) (Ex. MA-038)	In force from Dec. 13, 2020 to Jan. 25, 2021 (issued Dec. 8, 2020)	Gathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Ex. MA-001	Governor Charles D. Baker, Executive Order No. 591 (Mar. 10, 2020) (Ex. MA-001)	In force from Mar. 10, 2020 to June 15, 2021	Emergency declaration
Ex. MA-056	Commissioner of Public Health, Order of the Commissioner of Public Health Implementing Policies and Procedures for Restricting Visitor Access to Nursing Homes and Rest Homes (Mar. 12, 2020) (Ex. MA-056)	In force from Mar. 12, 2020 to June 14, 2021	Health care orders
Ex. MA-057	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health (hospital visitor restrictions) (Mar. 15, 2020) (Ex. MA-057)	In force from Mar. 17, 2020 to June 15, 2021 (issued Mar. 15, 2020)	Health care orders
Ex. MA-007	Governor Charles D. Baker, COVID-19 Order No. 11 (Mar. 20, 2020) with Orders No. 6, 39, 47, 64 (Ex. MA-007)	In force from Mar. 20, 2020 to May 29, 2021	Courts and public offices
Ex. MA-051	General Court (Legislature); approved by the Governor, Chapter 53 of the Acts of 2020 (Apr. 3, 2020) (Ex. MA-051)	In force from Apr. 3, 2020 to May 1, 2022	Alcohol and barsCourts and public officesOther
Ex. MA-022	Governor Charles D. Baker, COVID-19 Order No. 41 (June 26, 2020) (Ex. MA-022)	In force from June 26, 2020 to May 29, 2021	Schools and child careCourts and public officesWorkplace rules
Ex. MA-072	Supreme Judicial Court and Executive Office of the Trial Court (index page of the Massachusetts Court System), Court System Response to COVID-19 (guide) listing the SJC and Trial Court orders (July 1, 2020) (Ex. MA-072)	In force from July 1, 2020 to Sept. 30, 2021	Courts and public offices
Ex. MA-025	Governor Charles D. Baker, COVID-19 Order No. 45 (July 24, 2020) (Ex. MA-025)	In force from Aug. 1, 2020 to Mar. 22, 2021 (issued July 24, 2020)	Travel and quarantineWorkplace rulesQuarantine and isolation
Ex. MA-027	Governor Charles D. Baker, COVID-19 Order No. 47 (Aug. 11, 2020) (Ex. MA-027)	In force from Aug. 11, 2020 to May 29, 2021	Courts and public offices
Ex. MA-028	Governor Charles D. Baker, COVID-19 Order No. 48 (Aug. 18, 2020) (Ex. MA-028)	In force from Aug. 18, 2020 to May 29, 2021	Other
Ex. MA-029	Governor Charles D. Baker, COVID-19 Order No. 49 (Aug. 28, 2020) (Ex. MA-029)	In force from Aug. 28, 2020 to June 15, 2021	Schools and child care
Ex. MA-064	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding Control of COVID-19 in Long-Term Care Facilities (Nov. 5, 2020) (Ex. MA-064)	In force from Nov. 5, 2020 to Sept. 30, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. MA-035	Governor Charles D. Baker, COVID-19 Order No. 55 (Nov. 2, 2020) (Ex. MA-035)	In force from Nov. 6, 2020 to Apr. 30, 2021 (issued Nov. 2, 2020)	Face-covering requirementWorkplace rules
Ex. MA-065	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding Scheduling and Performance of Elective Invasive Procedures (Dec. 7, 2020) (Ex. MA-065)	In force from Dec. 11, 2020 to Mar. 1, 2021 (issued Dec. 7, 2020)	Health care orders

Agencies, boards and authorities: Massachusetts

Ex. AGY-ST-GAMING-RACING-036

Minimum Requirements for (1) Expanding Blackjack-Style Tables to Include a 4th Player Position and (2) the Reintroduction of Craps at the Category 1 Gaming Establishments (order of March 11, 2021)

Fourth blackjack position permitted with dividers and three-foot spacing; craps reintroduced under conditions; overall capacity remains capped at approximately 40 percent

Massachusetts Gaming Commission, Massachusetts Gaming Commission (State gaming regulator) (Sector regulator)

Dates: In force from Mar. 11, 2021 to May 29, 2021
Quarters: 2021 Q12021 Q2
Limitations: Capacity limitGathering capWorkplace rules
Functions reached: SF craps closed July 6, 2020 - Mar. 11, 2021 (248 days); blackjack at three then four positions; gaming-floor capacity approximately 40 percent through May 28, 2021; CB seated play only
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

a. Player positions would continue to be separated by plexiglass dividers not less than 5'10" tall separating the dealer from players and between player positions. b. There shall be a minimum of approximately 3 feet between player positions, measured from center to center of seats, with chairs for unavailable positions removed. c. Overall capacity limits shall continue to be capped at approximately 40%, despite the increase in player positions.

Enforcement: IEB layout approval; c. 23K, § 35

Citation: Massachusetts Gaming Commission, Minimum Requirements for (1) Expanding Blackjack-Style Tables to Include a 4th Player Position and (2) the Reintroduction of Craps at the Category 1 Gaming Establishments (order of March 11, 2021) (Mar. 11, 2021) (Ex. AGY-ST-GAMING-RACING-036) Open the exhibit

Ex. AGY-AVIATION-SURFACE-069

MBTA 'Forging Ahead' Commuter Rail service reductions approved Dec. 14, 2020, effective Jan. 23, 2021 (weekend service eliminated on most lines; reduced weekday schedules)

Commuter Rail Schedule Changes Approved in December Take Effect January 23 (2021)

MBTA Fiscal and Management Control Board (approval Dec. 14, 2020); MBTA, Massachusetts Bay Transportation Authority (Commuter Rail) (State)

Dates: In force from Jan. 23, 2021 to July 3, 2021 (issued Jan. 7, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Travel and quarantineOther
Functions reached: WF workforce commuting capacity (weekend and off-peak service withdrawn); TR; CB
Grade: Primary source read
Days in this quarter: 68 (in force on the last day)

"The MBTA is reminding customers that, as of January 23, 2021, MBTA Commuter Rail schedules take effect which were approved in December 2020 by the MBTA's Fiscal and Management Control Board (FMCB)." "[E]ffective January 23, 2021, Commuter Rail weekend service will only run on select lines and weekday service will increase slightly." "Beginning January 23, 2021, Commuter Rail will only offer weekend service on the Newburyport/Rockport, Framingham/Worcester, Fairmount, Providence, and Middleborough Lines."

Enforcement: MBTA operating authority

Citation: MBTA Fiscal and Management Control Board (approval Dec. 14, 2020); MBTA, MBTA 'Forging Ahead' Commuter Rail service reductions approved Dec. 14, 2020, effective Jan. 23, 2021 (weekend service eliminated on most lines; reduced weekday schedules) (Jan. 7, 2021) (Ex. AGY-AVIATION-SURFACE-069) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-047

Memorandum on proposed amendments to 603 CMR 27.08 (Board meeting of March 5, 2021, item 1b, with strikethrough text)

Board's March 5, 2021 emergency amendment authorizing the Commissioner to determine when hybrid and remote learning models no longer count toward structured learning time and to require a return to full-time in-person instruction (elementary from April 5, 2021)

Commissioner Jeffrey C. Riley (memorandum to the Board), Massachusetts Board of Elementary and Secondary Education; State level (State)

Dates: In force from Mar. 5, 2021 to May 25, 2021
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Schools and child careOther
Functions reached: IN in-person instruction required; RL remote learning phased out; WF parents' workforce; CB families
Grade: Confirmed from a secondary source
Days in this quarter: 27 (in force on the last day)

Enforcement: 603 CMR 27.08; structured learning time credit

Citation: Commissioner Jeffrey C. Riley (memorandum to the Board), Memorandum on proposed amendments to 603 CMR 27.08 (Board meeting of March 5, 2021, item 1b, with strikethrough text) (Mar. 5, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-047)

Continuing in force from an earlier quarter of this report (15 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-GAMING-RACING-030	Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030)	In force from July 6, 2020 to May 29, 2021 (issued June 23, 2020)	Business closureCapacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Ex. AGY-ST-EDUCATION-HIGHER-ED-036	Secretary of the Executive Office of Energy and Environmental Affairs (Kathleen A. Theoharides), Workplace Safety and Reopening Standards for Businesses and Other Entities Providing Youth and Adult Amateur Sports Activities - Phase III, Step 1 (July 6, 2020; amended Aug. 13, Oct. 2 and Oct. 4, 2020 and Feb. 8, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-036)	In force from July 6, 2020 to Feb. 8, 2021	Capacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Ex. AGY-ST-GAMING-RACING-032	Massachusetts Gaming Commission, Commission votes of July 2, 2020 (release of July 3, 2020): MGC Votes to Vacate Previous Orders Which Temporarily Suspended Casino and Racing Operations (Ex. AGY-ST-GAMING-RACING-032)	In force from July 6, 2020 to May 29, 2021 (issued July 3, 2020)	Business closureCapacity limitTravel and quarantineEvents and venues
Ex. AGY-ST-GAMING-RACING-033	Massachusetts Gaming Commission, Minimum Requirements for the Reintroduction of Roulette at the Category 1 Gaming Establishments (order of October 8, 2020) (Oct. 8, 2020) (Ex. AGY-ST-GAMING-RACING-033)	In force from Oct. 8, 2020 to May 29, 2021	Capacity limitGathering capWorkplace rules
Ex. AGY-ST-GAMING-RACING-031	Massachusetts Gaming Commission with Plainridge Park Casino and the Harness Horsemen's Association of New England, Protocols for Conduct of Live Racing Under COVID-19 and Reopening Minimum Standards for Horse Racing and Simulcasting Operations (July 2, 2020) (Ex. AGY-ST-GAMING-RACING-031)	In force from July 6, 2020 to June 30, 2021 (issued July 2, 2020)	Capacity limitFace-covering requirementEvents and venuesWorkplace rules
Ex. AGY-ST-ALCOHOL-091	Massachusetts Alcoholic Beverages Control Commission, ABCC Advisory Regarding Extension of Allowance of Outdoor Table Service (Sept. 11, 2020) (Ex. AGY-ST-ALCOHOL-091)	In force from Sept. 10, 2020 to Aug. 15, 2021 (issued Sept. 11, 2020)	Capacity limitOther
Ex. AGY-ST-GAMING-RACING-034	Massachusetts Gaming Commission, Commission votes of November 5, 2020: supplement to the Gaming Guidelines, racing protocols and simulcasting plans to ensure compliance with COVID-19 Order No. 53 (Nov. 5, 2020) (Ex. AGY-ST-GAMING-RACING-034)	In force from Nov. 6, 2020 to Jan. 25, 2021 (issued Nov. 5, 2020)	Capacity limitCurfew and hoursWorkplace rules
Ex. AGY-ST-GAMING-RACING-035	Massachusetts Gaming Commission, Requirements to Ensure Compliance with COVID-19 Order No. 59, Order Temporarily Applying Further Capacity Restrictions to Statewide COVID-19 Safety Rules (Dec. 22, 2020) (Ex. AGY-ST-GAMING-RACING-035)	In force from Dec. 26, 2020 to Jan. 24, 2021 (issued Dec. 22, 2020)	Capacity limitCurfew and hoursWorkplace rules
Ex. AGY-ST-INSURANCE-BANKING-100	Gary D. Anderson, Commissioner of Insurance, Bulletin 2020-04 (Mar. 16, 2020) (Ex. AGY-ST-INSURANCE-BANKING-100)	In force from Mar. 16, 2020 to June 15, 2021	Health care orders
Ex. AGY-ST-UTILITIES-HOUSING-AG-038	Attorney General Maura Healey (Office of the Attorney General), 940 CMR 3.18, Price Gouging (as amended by emergency regulation effective March 20, 2020) (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-038)	In force from Mar. 20, 2020; end: Standing regulation; operates during 'any declared statewide or national…	Other
Ex. AGY-ST-DMV-SOS-RECORDERS-039	Massachusetts General Court; approved by Governor Charles D. Baker, Chapter 71 of the Acts of 2020 (Apr. 23, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-039)	In force from Apr. 23, 2020; end: Section 8: the repealing section 'shall take effect 3 business days after…	Courts and public officesOther
Ex. AGY-AVIATION-SURFACE-057	Massachusetts Bay Transportation Authority, MBTA face-covering requirement effective May 6, 2020 (Executive Order for face coverings takes effect) (May 5, 2020) (Ex. AGY-AVIATION-SURFACE-057)	In force from May 6, 2020 to Sept. 30, 2021 (issued May 5, 2020)	Face-covering requirementTravel and quarantine
Ex. AGY-ST-EDUCATION-HIGHER-ED-007	Massachusetts Board of Elementary and Secondary Education (regulation); Commissioner Jeffrey C. Riley (requirements issued under 27.08), 603 CMR 27.00, Student Learning Time, including 27.08 (Health and Safety Standards during a State of Emergency or Other Exigent Circumstances), as amended through February 23, 2021 (Wayback capture of February 26, 2021) (Feb. 23, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-007)	In force from Sept. 29, 2020 to May 25, 2021 (issued Feb. 23, 2021)	Face-covering requirementSchools and child careWorkplace rulesOther
Ex. AGY-ST-EDUCATION-HIGHER-ED-066	Commissioner Jeffrey C. Riley (memorandum to the Board); Board vote of September 29, 2020, Memorandum on the adoption of 603 CMR 27.08 (Board meeting of September 29, 2020, item 4, with tracked text and public comment) (Sept. 29, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-066)	In force from Sept. 29, 2020 to Sept. 30, 2021	Schools and child careWorkplace rules
Ex. AGY-ST-HEALTH-SUBORDERS-117	Monica Bharel, MD, MPH, Commissioner of Public Health, Order of the Commissioner of Public Health Allowing Certain Individuals to Administer Influenza and COVID-19 Vaccines (revised Dec. 18, 2020; original Nov. 2, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-117)	In force from Dec. 18, 2020 to Mar. 31, 2021	Health care ordersWorkplace rulesVaccination or testing

End of general restrictions, State of Massachusetts: COVID-19 Order No. 69 (Governor Baker, May 28, 2021), Order Announcing the Termination of the March 10, 2020 State of Emergency and Rescinding COVID-19 Executive Orders Issued Pursuant to the Massachusetts Civil Defense Act (Ex. MA-048) (Rescission of the COVID-19 Orders and of all DLS, DPH and EEA COVID-19 workplace safety rules effective 12:01 a.m. May 29, 2021; eight orders continued to June 15, 2021; state of emergency terminated 12:01 a.m. June 15, 2021). What remained: The Governor's May 28, 2021 declaration of a public health emergency under G.L. c. 17, s. 2A (Ex. MA-049), under which the Commissioner of Public Health reissued fourteen orders on June 14, 2021 (PHE Order No. 2021-1, Ex. MA-054) and issued PHE Orders No. 2021-2 through 2021-8 (June 30-Sept. 20, 2021); the DPH Order Regarding Face Coverings to be Worn in Certain Settings (eff. May 29, 2021; Ex. MA-050) covering health-care facilities and practice locations of every DPH- or DPL-board-licensed provider, congregate care, shelters, correctional facilities, HHS day programs and home health workers; the DPH Order Regarding Control of COVID-19 in Long-Term Care Facilities (Ex. MA-064, reissued as Attachment H); the ban on billing uninsured persons for COVID-19 testing and the congregate-care testing order (reissued); PHE Order No. 2021-4 (Aug. 4, 2021) nursing-home personnel vaccination by Oct. 10, 2021 (Ex. MA-067); 101 CMR 23.00 (eff. Aug. 13, 2021; Ex. MA-070) and 105 CMR 159.000 (eff. Sept. 8, 2021; Ex. MA-069); Executive Order No. 595 (Aug. 19, 2021; Ex. MA-068); the DESE mask requirement (Aug. 25, 2021; Ex. MA-071); ch. 20 of the Acts of 2021 (June 16, 2021; Ex. MA-053) continuing outdoor dining and alcohol approvals, takeout beer, wine and cocktails (to May 1, 2022), remote public-body meetings, remote notarization and foreclosure-counseling flexibilities (to Dec. 15, 2021) and rewriting the notice-to-quit rules of ch. 257 of 2020; the SJC's Sixth and Seventh Updated Orders on court operations and the Trial Court's orders; the federal layer (CDC conveyance mask order, TSA directives, OSHA Healthcare ETS, CDC eviction order to Aug. 26, 2021).

Preemption of local orders, State of Massachusetts: Partial preemption with concurrent local enforcement. COVID-19 Order No. 13 (Mar. 23, 2020; Ex. MA-008) provided: 'This Order supersedes and makes inoperative any order or rule issued by a municipality that will or might in any way impede or interfere with the achievement of the objectives of this Order. With respect to work and travel in particular, any order or rule issued by a municipality is hereby made inoperative to the extent: (1) such municipal order or rule will or might interfere with provisions of this Order ensuring the continued operation of COVID-19 Essential Services; or (2) such municipal order or rule will or might interfere with the free travel anywhere within the Commonwealth of any person who is a member of any COVID-19 Essential Workforce.' Order No. 33 s. 6 (May 18, 2020; Ex. MA-017), restated in Order No. 37 s. 4 (Ex. MA-019) and incorporated by Orders No. 43, 56, 58, 65, 66 and 68: 'This Order is intended to establish a uniform set of COVID-19 workplace safety rules for all businesses and other organizations operating brick-and-mortar premises across the Commonwealth. No municipal or other local authority should adopt or enforce any workplace health or safety rule to address COVID-19 that is in addition to, stricter than, or otherwise in conflict with any COVID-19 workplace safety rule adopted in this Order or under the implementing directives, regulations, and guidance issued by DLS or DPH.' At the same time every order gave 'a municipal board of health or authorized agent pursuant to G.L. c. 111, s. 30... concurrent authority with DLS and DPH to enforce the terms of this Order,' and the gathering orders (Nos. 52, 54, 57, 63) required notice to local boards of health and made hosts cooperate with local contact tracing. Municipal boards of health continued to exercise their independent authority under G.L. c. 111, s.

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

Federal layer

Ex. FED-156

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

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

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

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

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

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

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

Ex. FED-032

Notice: Conditional Sailing Order Technical Instructions and Operations Manual

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

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

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

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

Enforcement: as for FED-031

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

Ex. FED-080

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

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

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

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

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

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

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

Ex. FED-118

FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)

Louisiana; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

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

Dates: In force from Mar. 24, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 91 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118) Open the exhibit

Ex. FED-183

Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices

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

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

Dates: In force from Mar. 24, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationSupply chain
Functions reached: context for SC (ventilators, face shields, gowns, decontamination)
Grade: Primary source read
Days in this quarter: 91 (the whole quarter)

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

Enforcement: Framework

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

Ex. FED-074

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

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

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

Dates: In force from Mar. 25, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC PPE for every industry (dental CH/ST/SC; physician SC; hospitals SC; home care SC; personal services SL; construction JS; manufacturing PF)
Grade: Primary source read
Days in this quarter: 91 (the whole quarter)

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

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

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

Ex. FED-109

FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)

Florida; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

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

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 91 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-398	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)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-270	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	In force from Jan. 24, 2021 to June 10, 2021	Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-296	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	In force from Feb. 12, 2021 to Apr. 5, 2021	Gathering capCourts and public offices
Ex. FED-155	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	In force from Mar. 10, 2021 to Apr. 27, 2021	Gathering capHealth care orders
Ex. FED-305	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	In force from Mar. 17, 2021 to June 1, 2021	Business closureCourts and public offices
Ex. FED-008	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-292	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	In force from Mar. 19, 2020 to July 19, 2021	Courts and public offices
Ex. FED-034	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-132	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	In force from Mar. 20, 2020 to May 11, 2023	Emergency declaration
Ex. FED-104	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-147	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-071	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	In force from Mar. 23, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-099	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)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-115	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)	In force from Mar. 23, 2020 to May 11, 2023	Emergency declaration

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

State of Massachusetts

Ex. MA-047

COVID-19 Order No. 68

Order Reopening Certain Phase IV, Step 2 Enterprises

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from May 10, 2021 to May 29, 2021 (issued May 7, 2021)
Quarters: 2021 Q2
Limitations: Business closureCapacity limitEvents and venues
Functions reached: AM amusement parks at 50 percent from May 10, 2021; SP road races resume with plans
Grade: Primary source read
Days in this quarter: 20

Effective at 12:01 am on May 10, 2021, the following enterprises may open their brick-and-mortar premises to workers, customers, and the public or otherwise resume activities, subject to the requirements of Section 2 of this Order: Amusement parks, theme parks, and outdoor water parks; Road races and other large, outdoor organized amateur or professional group athletic events.... Amusement parks, theme parks, and outdoor water parks are limited to 50 percent of permitted capacity... At least 10 business days prior to opening to the public, an operator... must submit a COVID-19 Safety Plan to the Department of Public Health.

Enforcement: Order No. 43 ss. 4-5 penalties administered under Order No. 48; DPH or local board of health may order revisions to safety plans

Citation: Governor Charles D. Baker, COVID-19 Order No. 68 (May 7, 2021) (Ex. MA-047) Open the exhibit

Ex. MA-046

COVID-19 Order No. 67

Further Revised Order Regarding Face Coverings

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Apr. 30, 2021 to May 29, 2021 (issued Apr. 29, 2021)
Quarters: 2021 Q2
Limitations: Face-covering requirementEvents and venuesWorkplace rules
Functions reached: SF/OF/DR all indoor public locations; EV events incl. hotels, event venues and private clubs
Grade: Primary source read
Days in this quarter: 30

all persons in Massachusetts over the age of 5 years old are required to wear a mask or face covering over their mouth and nose in the following circumstances: A. Public Locations. Indoors. Face coverings are required at all times when indoors and in a public location. Outdoors. Face coverings are required when outdoors and in a public location if unable to maintain a distance of approximately six feet from every other non-household member... B. Events and Gatherings. Public Locations. Face coverings are required at all times at events and gatherings in public locations.

Enforcement: As in Order No. 55 ($300 civil fine under G.L. c. 40, s. 21D); operators may decline entry; employers may require documentation

Citation: Governor Charles D. Baker, COVID-19 Order No. 67 (Apr. 29, 2021) (Ex. MA-046) Open the exhibit

Ex. MA-049

Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (the 'modified public health emergency')

Declaration that an emergency exists that is detrimental to the public health in the Commonwealth

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from May 28, 2021 to Sept. 20, 2021
Quarters: 2021 Q22021 Q3
Limitations: Emergency declarationFace-covering requirementHealth care ordersVaccination or testing
Functions reached: HC/IC health-care and congregate-care mask and vaccination mandates; WF home health and nursing-home workforce; predicate for every Q3 2021 DPH order
Grade: Primary source read
Days in this quarter: 34 (in force on the last day)

I hereby declare, pursuant to Section 2A of Chapter 17 of the General Laws, that as of the date indicated below, an emergency exists that is detrimental to the public health in the Commonwealth. The Commissioner, with the approval of the Public Health Council, may rely on this declaration to extend or adopt measures to facilitate COVID-19 testing and vaccination of all populations throughout the Commonwealth, to mandate special measures to protect higher risk populations or to effectuate continued surveillance of COVID-19 in the Commonwealth, and to respond as necessary to outbreaks of the virus as they may arise.

Enforcement: Predicate for DPH orders enforced under G.L. c. 111 and facility licensure regulations (e.g., 105 CMR 153.000)

Citation: Governor Charles D. Baker, Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (the 'modified public health emergency') (May 28, 2021) (Ex. MA-049) Open the exhibit

Ex. MA-048

COVID-19 Order No. 69

Order Announcing the Termination of the March 10, 2020 State of Emergency and Rescinding COVID-19 Executive Orders Issued Pursuant to the Massachusetts Civil Defense Act

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from May 29, 2021 to June 30, 2021 (issued May 28, 2021)
Quarters: 2021 Q2
Limitations: Emergency declaration
Functions reached: end of the general business restrictions; continuation of Orders No. 1, 24, 26, 36, 42, 49, 50 s. 1 and 61 to June 15, 2021
Grade: Primary source read
Days in this quarter: 33 (in force on the last day)

Effective at 12:01 am on May 29, 2021, all COVID-19 Orders that have issued above my signature and pursuant to the Civil Defense Act since my March 10, 2020 declaration of a state of emergency are rescinded in full unless specifically identified in section 2 of this Order as continued until June 15, 2021. Effective at 12:01 am on May 29, 2021, all rules, restrictions, and limitations issued by the Department of Labor Standards, Department of Public Health, the Executive Office of Energy and Environmental Affairs, or any other agency or commission authorized by prior COVID-19 Order to issue rules and policies implementing the provisions of the above rescinded Orders, including COVID-19 workplace safety rules, shall likewise be rescinded and have no further effect. Public Health Orders that have been issued by the Commissioner of Public Health acting on her authority pursuant to section 2A…

Enforcement: n/a

Citation: Governor Charles D. Baker, COVID-19 Order No. 69 (May 28, 2021) (Ex. MA-048) Open the exhibit

Ex. MA-050

Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings

Order Regarding Face Coverings to be Worn in Certain Settings

Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor, Massachusetts (State)

Dates: In force from May 29, 2021 to Sept. 30, 2021 (issued May 28, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rules
Functions reached: CH/CL/PR dental, physician, chiropractic, optometry, physical-therapy and other board-licensed practice locations; RS/HC nursing homes, assisted living, group homes; HC home health visits; IC infection control in every licensed setting
Grade: Primary source read
Days in this quarter: 33 (in force on the last day)

Persons over the age of 5 years old are required to wear a mask or face covering that cover their mouth and nose at all times while indoors in the following locations... This Order applies without regard to an individual's COVID-19 vaccination status. 1. Healthcare facilities licensed or operated by the Commonwealth and healthcare practice locations of any provider licensed by a professional board which sits within the Department of Public Health or the Division of Professional Licensure. 2. Congregate care facilities or programs operated, licensed, certified, regulated, authorized, or funded by the Commonwealth. 3. Emergency shelter programs... 4. Houses of Correction, Department of Correction prisons, jails, and other correctional facilities. 5. Health Care and Day Services and Programs operated, licensed, certified, regulated, or funded by the Commonwealth... 6. Home health care…

Enforcement: DPH, EOHHS and constituent agencies may issue implementing guidance; enforced through facility licensure and professional-board authority

Citation: Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor, Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021) (Ex. MA-050) Open the exhibit

Ex. MA-054

COVID-19 Public Health Emergency Order No. 2021-1 (Reissuance of Certain Public Health Orders)

Reissuance of Certain Public Health Orders

Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council (June 9, 2021) and the Governor, Massachusetts (State)

Dates: In force from June 15, 2021 to Sept. 30, 2021 (issued June 14, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolationOther
Functions reached: HC/IC/VS long-term care and congregate care operations under State control and testing orders; CH/CL board-licensed practice locations (masks); OF/FD billing rules for testing; HR nursing workforce
Grade: Primary source read
Days in this quarter: 16 (in force on the last day)

Accordingly, all public health emergency orders issued under the authority of the March 10, 2020 declaration will expire at 12:01 am on June 15, 2021 unless previously rescinded. With the authorization of the Public Health Council and the approval of the Governor, the following public health emergency orders are hereby reissued under the authority May 28, 2021 declaration: 1.... Continuity of Emergency Medical Services Care (Attachment A) 2.... Rescue Inhalers, Epinephrine Auto-Injectors and Oxygen in Community Programs, as amended (Attachment B) 3.... skilled nursing care and staffing updates in assisted living facilities, as amended (Attachment C) 4.... pharmacy assistance teams... (Attachment D) 5.... COVID-19 data reporting (Attachment E) 6.... Waive Timeframe for Certified Nurse Aide Training, as amended (Attachment F) 7.... Prohibiting Billing Uninsured Individuals for COVID-19…

Enforcement: Each attachment enforced through DPH licensure (105 CMR) and professional-board authority

Citation: Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council (June 9, 2021) and the Governor, COVID-19 Public Health Emergency Order No. 2021-1 (Reissuance of Certain Public Health Orders) (June 14, 2021) (Ex. MA-054) Open the exhibit

Ex. MA-053

Chapter 20 of the Acts of 2021

An Act Relative to Extending Certain COVID-19 Measures Adopted During the State of Emergency

General Court (Legislature); approved by the Governor, Massachusetts (State)

Dates: In force from June 16, 2021 to Dec. 15, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersAlcohol and barsCourts and public officesOther
Functions reached: DR/BA outdoor dining and takeout alcohol regime continued through Q3 2021; CRT remote public-body meetings and remote notarization through Q3 2021; PM/SV eviction notice rules tied to the federal CDC order; RS assisted-living nursing flexibilities; HR nursing graduates practising
Grade: Primary source read
Days in this quarter: 15 (in force on the last day)

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to extend certain COVID-19 measures adopted during the state of emergency, therefore it is hereby declared to be an emergency law.... SECTION 1. Section 13 of chapter 53 of the acts of 2020... is hereby further amended by striking out the words "February 28, 2021" and inserting in place thereof the following words:- May 1, 2022.... SECTION 7. Section 8 of chapter 71 of the acts of 2020 is hereby amended by striking out the words "3 business days after termination of the governor's March 10, 2020 declaration of a state of emergency" and inserting in place thereof the following words:- on December 15, 2021.... SECTION 19.... "Outdoor table service", restaurant service that includes food prepared on-site and under a food establishment permit issued by a municipal authority... SECTION 20. (a) For the…

Enforcement: Statutory; ABCC and local licensing authorities; courts

Citation: General Court (Legislature); approved by the Governor, Chapter 20 of the Acts of 2021 (June 16, 2021) (Ex. MA-053) Open the exhibit

Continuing in force from an earlier quarter of this report (23 instruments):

Exhibit	Citation	Dates	Limitations
Ex. MA-017	Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017)	In force from May 18, 2020 to May 29, 2021	Business closureTelework mandateCapacity limitGathering capFace-covering requirementWorkplace rules
Ex. MA-019	Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (Ex. MA-019)	In force from June 8, 2020 to May 29, 2021 (issued June 6, 2020)	Business closureTelework mandateCapacity limitAlcohol and barsEvents and venuesWorkplace rules
Ex. MA-021	Governor Charles D. Baker, COVID-19 Order No. 40 (June 19, 2020) (Ex. MA-021)	In force from June 22, 2020 to May 29, 2021 (issued June 19, 2020)	Business closureCapacity limitWorkplace rules
Ex. MA-023	Governor Charles D. Baker, COVID-19 Order No. 43 (July 2, 2020) (Ex. MA-023)	In force from July 6, 2020 to May 29, 2021 (issued July 2, 2020)	Business closureTelework mandateCapacity limitEvents and venuesWorkplace rules
Ex. MA-043	Governor Charles D. Baker, COVID-19 Order No. 63 (with the March 18, 2021 Appendix effective March 22, 2021) (Feb. 4, 2021) (Ex. MA-043)	In force from Feb. 8, 2021 to Apr. 30, 2021 (issued Feb. 4, 2021)	Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venues
Ex. MA-044	Governor Charles D. Baker, COVID-19 Order No. 65 (Feb. 25, 2021) (Ex. MA-044)	In force from Mar. 1, 2021 to May 29, 2021 (issued Feb. 25, 2021)	Business closureCapacity limitWorkplace rules
Ex. MA-045	Governor Charles D. Baker, COVID-19 Order No. 66 (Mar. 18, 2021) (Ex. MA-045)	In force from Mar. 22, 2021 to May 29, 2021 (issued Mar. 18, 2021)	Business closureCapacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. MA-002	Governor Charles D. Baker, COVID-19 Order No. 1 (Mar. 12, 2020) (Ex. MA-002)	In force from Mar. 12, 2020 to Sept. 30, 2021	Gathering capCourts and public offices
Ex. MA-018	Governor Charles D. Baker, COVID-19 Order No. 35 (June 1, 2020) (Ex. MA-018)	In force from June 1, 2020 to May 29, 2021	Business closureAlcohol and barsEvents and venuesWorkplace rules
Ex. MA-030	Governor Charles D. Baker, COVID-19 Order No. 50 (Sept. 10, 2020) (Ex. MA-030)	In force from Sept. 10, 2020 to June 15, 2021	Business closureAlcohol and barsEvents and venues
Ex. MA-033	Governor Charles D. Baker, COVID-19 Order No. 53 (Nov. 2, 2020) (Ex. MA-033)	In force from Nov. 6, 2020 to Jan. 25, 2021 (issued Nov. 2, 2020)	Business closureCurfew and hoursAlcohol and bars
Ex. MA-001	Governor Charles D. Baker, Executive Order No. 591 (Mar. 10, 2020) (Ex. MA-001)	In force from Mar. 10, 2020 to June 15, 2021	Emergency declaration
Ex. MA-056	Commissioner of Public Health, Order of the Commissioner of Public Health Implementing Policies and Procedures for Restricting Visitor Access to Nursing Homes and Rest Homes (Mar. 12, 2020) (Ex. MA-056)	In force from Mar. 12, 2020 to June 14, 2021	Health care orders
Ex. MA-057	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health (hospital visitor restrictions) (Mar. 15, 2020) (Ex. MA-057)	In force from Mar. 17, 2020 to June 15, 2021 (issued Mar. 15, 2020)	Health care orders
Ex. MA-007	Governor Charles D. Baker, COVID-19 Order No. 11 (Mar. 20, 2020) with Orders No. 6, 39, 47, 64 (Ex. MA-007)	In force from Mar. 20, 2020 to May 29, 2021	Courts and public offices
Ex. MA-051	General Court (Legislature); approved by the Governor, Chapter 53 of the Acts of 2020 (Apr. 3, 2020) (Ex. MA-051)	In force from Apr. 3, 2020 to May 1, 2022	Alcohol and barsCourts and public officesOther
Ex. MA-022	Governor Charles D. Baker, COVID-19 Order No. 41 (June 26, 2020) (Ex. MA-022)	In force from June 26, 2020 to May 29, 2021	Schools and child careCourts and public officesWorkplace rules
Ex. MA-072	Supreme Judicial Court and Executive Office of the Trial Court (index page of the Massachusetts Court System), Court System Response to COVID-19 (guide) listing the SJC and Trial Court orders (July 1, 2020) (Ex. MA-072)	In force from July 1, 2020 to Sept. 30, 2021	Courts and public offices
Ex. MA-027	Governor Charles D. Baker, COVID-19 Order No. 47 (Aug. 11, 2020) (Ex. MA-027)	In force from Aug. 11, 2020 to May 29, 2021	Courts and public offices
Ex. MA-028	Governor Charles D. Baker, COVID-19 Order No. 48 (Aug. 18, 2020) (Ex. MA-028)	In force from Aug. 18, 2020 to May 29, 2021	Other
Ex. MA-029	Governor Charles D. Baker, COVID-19 Order No. 49 (Aug. 28, 2020) (Ex. MA-029)	In force from Aug. 28, 2020 to June 15, 2021	Schools and child care
Ex. MA-064	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding Control of COVID-19 in Long-Term Care Facilities (Nov. 5, 2020) (Ex. MA-064)	In force from Nov. 5, 2020 to Sept. 30, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. MA-035	Governor Charles D. Baker, COVID-19 Order No. 55 (Nov. 2, 2020) (Ex. MA-035)	In force from Nov. 6, 2020 to Apr. 30, 2021 (issued Nov. 2, 2020)	Face-covering requirementWorkplace rules

Agencies, boards and authorities: Massachusetts

Ex. AGY-ST-COURTS-079

Supreme Judicial Court Sixth Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic

Sixth Updated Order (spring 2021): phased resumption of jury trials (Phases 1-3) with six-person juries; continued limits on in-person proceedings and courthouse entry

Supreme Judicial Court of Massachusetts, Supreme Judicial Court of Massachusetts (statewide) (Court)

Dates: Effective: 2021-04
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitGathering capCourts and public offices
Functions reached: CT courts and agencies
Grade: Confirmed from a secondary source

Enforcement: Mass. Gen. Laws ch. 211, § 3

Citation: Supreme Judicial Court of Massachusetts, Supreme Judicial Court Sixth Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic (Ex. AGY-ST-COURTS-079)

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-059

News item republished by the Authority, 'Boston convention centers set to reopen for events at full capacity' (May 19, 2021)

Convention centers cleared to reopen at full capacity from May 29, 2021

Massachusetts Convention Center Authority (republishing a Boston Herald report), Massachusetts Convention Center Authority, Massachusetts (State)

Dates: In force from May 29, 2021 to June 30, 2021 (issued May 19, 2021)
Quarters: 2021 Q2
Limitations: Capacity limitEvents and venues
Functions reached: MC; EV; LG
Grade: Confirmed from a secondary source
Days in this quarter: 33 (in force on the last day)

Charlie Baker and Boston Mayor Kim Janey announced that pandemic restrictions will be lifted as of May 29. The move paves the way for the Massachusetts Convention Center Authority to welcome groups back at full capacity by next week.

Citation: Massachusetts Convention Center Authority (republishing a Boston Herald report), News item republished by the Authority, 'Boston convention centers set to reopen for events at full capacity' (May 19, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-059) Open the exhibit

Ex. AGY-AVIATION-SURFACE-070

MBTA Spring 2021 Commuter Rail schedules (direction set Feb. 22, 2021; schedules effective Apr. 5, 2021)

MBTA Sets Direction for Spring 2021 Commuter Rail Schedules

Massachusetts Bay Transportation Authority, Massachusetts Bay Transportation Authority (Commuter Rail) (State)

Dates: In force from Apr. 5, 2021 to July 3, 2021 (issued Feb. 22, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Travel and quarantineOther
Functions reached: WF; TR; CB
Grade: Primary source read
Days in this quarter: 87 (in force on the last day)

"The MBTA set the direction today for Spring 2021 Commuter Rail schedules, focusing on preserving access, matching service to ridership and passenger needs, and providing more operational flexibility."

Enforcement: MBTA operating authority

Citation: Massachusetts Bay Transportation Authority, MBTA Spring 2021 Commuter Rail schedules (direction set Feb. 22, 2021; schedules effective Apr. 5, 2021) (Ex. AGY-AVIATION-SURFACE-070) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-068

603 CMR 27.00, Student Learning Time, as most recently amended May 25, 2021 (current official text, including 27.08 as amended March 5 and May 25, 2021)

603 CMR 27.08 as amended: Commissioner's authority to require in-person instruction and to determine that hybrid and remote models no longer count toward structured learning time; remote learning for the remainder of 2020-21 only for students whose parents selected it; waiver authority

Massachusetts Board of Elementary and Secondary Education, Massachusetts Board of Elementary and Secondary Education and Commissioner; State level (State)

Dates: In force from May 25, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesOther
Functions reached: IN in-person instruction required on the Commissioner's determination; RL remote learning limited to parental election for 2020-21; EMP health and safety requirements (including the Aug. 2021 mask requirement); HR staffing; WF parents' workforce; CB families
Grade: Primary source read
Days in this quarter: 37 (in force on the last day)

Hybrid learning may constitute structured learning time if a district's hybrid learning model is consistent with the requirements of 603 CMR 27.08(3)(a). Remote learning may constitute structured learning time if a district's remote learning model is consistent with the requirements of 603 CMR 27.08(3)(b).... [remote and hybrid] programs shall not count toward meeting the minimum structured learning time requirement for that student.... unless additional health and safety measures are put in place, the Commissioner may modify the minimum school year and structured learning time requirements... (4) Upon the written request of a school district, the Commissioner may, in his discretion, grant a waiver of the requirements set forth in 603 CMR 27.08(2)(d), 603 CMR 27.08(3)(a)1 and 603 CMR 27.08(3)(b)5 and 6.... If the Commissioner concludes that students may safely attend classes in an…

Enforcement: M.G.L. c. 69, ss. 1B, 1G; structured learning time credit and Chapter 70 aid conditioned on compliance; 603 CMR 27.06-27.07

Citation: Massachusetts Board of Elementary and Secondary Education, 603 CMR 27.00, Student Learning Time, as most recently amended May 25, 2021 (current official text, including 27.08 as amended March 5 and May 25, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-068) Open the exhibit

Ex. AGY-ST-GAMING-RACING-037

Commission vote of May 26, 2021: MGC Votes to Rescind COVID-19-Related Orders for Gaming Establishments, Horse Racing and Simulcasting Facilities

Rescission, effective 12:01 a.m. May 29, 2021, of the June 23, 2020, October 8, 2020 and March 11, 2021 orders, on conditions (compliance with remaining State orders and CDC guidelines; pandemic safety officer retained; positive-case reporting to the IEB)

Massachusetts Gaming Commission, Massachusetts Gaming Commission (State gaming and racing regulator) (Sector regulator)

Dates: In force from May 29, 2021 to Sept. 30, 2021 (issued May 26, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesOther
Functions reached: SF end of capacity and game restrictions May 29, 2021; HR pandemic safety officer and case reporting continued into Q3 2021
Grade: Primary source read
Days in this quarter: 33 (in force on the last day)

In a 4-0 vote, the Commission rescinded the following COVID-19-related orders related to Plainridge Park Casino, MGM Springfield, and Encore Boston Harbor, effective at 12:01 a.m. on May 29, 2021: The 6/23/2020 order entitled Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments; The 10/8/2020 order entitled Minimum Requirements for the Reintroduction of Roulette...; The 3/11/2021 order entitled Minimum Requirements for (1) Expanding Blackjack-Style Tables... These orders will be rescinded subject to the following conditions, which were agreed to by the gaming licensees: 1. The licensees shall conduct business in accordance with all COVID-19-related orders and advisories issued by the Governor or the Commonwealth of Massachusetts that remain in effect, as well as any applicable CDC guidelines. 2. The licensees will ensure their pandemic safety officer remains in…

Enforcement: Conditions of rescission agreed by licensees and enforceable as license conditions

Citation: Massachusetts Gaming Commission, Commission vote of May 26, 2021: MGC Votes to Rescind COVID-19-Related Orders for Gaming Establishments, Horse Racing and Simulcasting Facilities (Ex. AGY-ST-GAMING-RACING-037) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-009

Chapter 16 of the Acts of 2021, An Act providing for Massachusetts COVID-19 emergency paid sick leave

COVID-19 Massachusetts emergency paid sick leave: every employer shall provide up to 40 hours of paid leave for COVID-19 illness, quarantine, vaccination and care of family members

Massachusetts General Court; approved by Governor Baker May 28, 2021, Massachusetts; General Court (program administered by the Executive Office for Administration and Finance; Department of Family and Medical Leave) (State)

Dates: In force from June 7, 2021 to Sept. 30, 2021 (issued May 28, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Functions reached: WF workforce availability; HR leave administration, notice and posting; OP payroll and reimbursement claims
Grade: Primary source read
Days in this quarter: 24 (in force on the last day)

SECTION 10. (a)(1) Notwithstanding any general or special law to the contrary, as a result of the outbreak of the 2019 novel coronavirus, also known as COVID-19, as of the effective date of this section, an employer shall provide, subject to section 11, COVID-19 Massachusetts emergency paid sick leave to its employees pursuant to paragraph (3) who are absent from and are unable to work pursuant to subsection (b).... (3) An employer shall provide the following amount of leave... (i) an employee who works 40 hours or more per week shall be provided 40 hours of COVID-19 Massachusetts emergency paid sick leave.

Enforcement: § 10(f)-(g): retaliation prohibited; enforcement under M.G.L. c. 149, § 148C and § 150 (Attorney General; civil action)

Citation: Massachusetts General Court; approved by Governor Baker May 28, 2021, Chapter 16 of the Acts of 2021, An Act providing for Massachusetts COVID-19 emergency paid sick leave (May 28, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-009) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-040

Chapter 20 of the Acts of 2021

An Act relative to extending certain COVID-19 measures adopted during the state of emergency

Massachusetts General Court; approved by Governor Charles D. Baker, Massachusetts (General Court) (State)

Dates: In force from June 16, 2021 to Dec. 15, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: CL closings and notarized instruments in 2021 Q3; OF; FI; CB
Grade: Primary source read
Days in this quarter: 15 (in force on the last day)

SECTION 7. Section 8 of chapter 71 of the acts of 2020 is hereby amended by striking out the words '3 business days after termination of the governor's March 10, 2020 declaration of a state of emergency' and inserting in place thereof the following words:- on December 15, 2021.

Enforcement: Statute

Citation: Massachusetts General Court; approved by Governor Charles D. Baker, Chapter 20 of the Acts of 2021 (June 16, 2021) (Ex. AGY-ST-DMV-SOS-RECORDERS-040) Open the exhibit

Continuing in force from an earlier quarter of this report (15 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-GAMING-RACING-030	Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030)	In force from July 6, 2020 to May 29, 2021 (issued June 23, 2020)	Business closureCapacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Ex. AGY-ST-EDUCATION-HIGHER-ED-036	Secretary of the Executive Office of Energy and Environmental Affairs (Kathleen A. Theoharides), Workplace Safety and Reopening Standards for Businesses and Other Entities Providing Youth and Adult Amateur Sports Activities - Phase III, Step 1 (July 6, 2020; amended Aug. 13, Oct. 2 and Oct. 4, 2020 and Feb. 8, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-036)	In force from July 6, 2020 to Feb. 8, 2021	Capacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Ex. AGY-ST-GAMING-RACING-032	Massachusetts Gaming Commission, Commission votes of July 2, 2020 (release of July 3, 2020): MGC Votes to Vacate Previous Orders Which Temporarily Suspended Casino and Racing Operations (Ex. AGY-ST-GAMING-RACING-032)	In force from July 6, 2020 to May 29, 2021 (issued July 3, 2020)	Business closureCapacity limitTravel and quarantineEvents and venues
Ex. AGY-ST-GAMING-RACING-033	Massachusetts Gaming Commission, Minimum Requirements for the Reintroduction of Roulette at the Category 1 Gaming Establishments (order of October 8, 2020) (Oct. 8, 2020) (Ex. AGY-ST-GAMING-RACING-033)	In force from Oct. 8, 2020 to May 29, 2021	Capacity limitGathering capWorkplace rules
Ex. AGY-ST-GAMING-RACING-036	Massachusetts Gaming Commission, Minimum Requirements for (1) Expanding Blackjack-Style Tables to Include a 4th Player Position and (2) the Reintroduction of Craps at the Category 1 Gaming Establishments (order of March 11, 2021) (Mar. 11, 2021) (Ex. AGY-ST-GAMING-RACING-036)	In force from Mar. 11, 2021 to May 29, 2021	Capacity limitGathering capWorkplace rules
Ex. AGY-ST-GAMING-RACING-031	Massachusetts Gaming Commission with Plainridge Park Casino and the Harness Horsemen's Association of New England, Protocols for Conduct of Live Racing Under COVID-19 and Reopening Minimum Standards for Horse Racing and Simulcasting Operations (July 2, 2020) (Ex. AGY-ST-GAMING-RACING-031)	In force from July 6, 2020 to June 30, 2021 (issued July 2, 2020)	Capacity limitFace-covering requirementEvents and venuesWorkplace rules
Ex. AGY-ST-ALCOHOL-091	Massachusetts Alcoholic Beverages Control Commission, ABCC Advisory Regarding Extension of Allowance of Outdoor Table Service (Sept. 11, 2020) (Ex. AGY-ST-ALCOHOL-091)	In force from Sept. 10, 2020 to Aug. 15, 2021 (issued Sept. 11, 2020)	Capacity limitOther
Ex. AGY-ST-INSURANCE-BANKING-100	Gary D. Anderson, Commissioner of Insurance, Bulletin 2020-04 (Mar. 16, 2020) (Ex. AGY-ST-INSURANCE-BANKING-100)	In force from Mar. 16, 2020 to June 15, 2021	Health care orders
Ex. AGY-ST-UTILITIES-HOUSING-AG-038	Attorney General Maura Healey (Office of the Attorney General), 940 CMR 3.18, Price Gouging (as amended by emergency regulation effective March 20, 2020) (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-038)	In force from Mar. 20, 2020; end: Standing regulation; operates during 'any declared statewide or national…	Other
Ex. AGY-ST-DMV-SOS-RECORDERS-039	Massachusetts General Court; approved by Governor Charles D. Baker, Chapter 71 of the Acts of 2020 (Apr. 23, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-039)	In force from Apr. 23, 2020; end: Section 8: the repealing section 'shall take effect 3 business days after…	Courts and public officesOther
Ex. AGY-AVIATION-SURFACE-057	Massachusetts Bay Transportation Authority, MBTA face-covering requirement effective May 6, 2020 (Executive Order for face coverings takes effect) (May 5, 2020) (Ex. AGY-AVIATION-SURFACE-057)	In force from May 6, 2020 to Sept. 30, 2021 (issued May 5, 2020)	Face-covering requirementTravel and quarantine
Ex. AGY-ST-EDUCATION-HIGHER-ED-007	Massachusetts Board of Elementary and Secondary Education (regulation); Commissioner Jeffrey C. Riley (requirements issued under 27.08), 603 CMR 27.00, Student Learning Time, including 27.08 (Health and Safety Standards during a State of Emergency or Other Exigent Circumstances), as amended through February 23, 2021 (Wayback capture of February 26, 2021) (Feb. 23, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-007)	In force from Sept. 29, 2020 to May 25, 2021 (issued Feb. 23, 2021)	Face-covering requirementSchools and child careWorkplace rulesOther
Ex. AGY-ST-EDUCATION-HIGHER-ED-066	Commissioner Jeffrey C. Riley (memorandum to the Board); Board vote of September 29, 2020, Memorandum on the adoption of 603 CMR 27.08 (Board meeting of September 29, 2020, item 4, with tracked text and public comment) (Sept. 29, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-066)	In force from Sept. 29, 2020 to Sept. 30, 2021	Schools and child careWorkplace rules
Ex. AGY-AVIATION-SURFACE-069	MBTA Fiscal and Management Control Board (approval Dec. 14, 2020); MBTA, MBTA 'Forging Ahead' Commuter Rail service reductions approved Dec. 14, 2020, effective Jan. 23, 2021 (weekend service eliminated on most lines; reduced weekday schedules) (Jan. 7, 2021) (Ex. AGY-AVIATION-SURFACE-069)	In force from Jan. 23, 2021 to July 3, 2021 (issued Jan. 7, 2021)	Travel and quarantineOther
Ex. AGY-ST-EDUCATION-HIGHER-ED-047	Commissioner Jeffrey C. Riley (memorandum to the Board), Memorandum on proposed amendments to 603 CMR 27.08 (Board meeting of March 5, 2021, item 1b, with strikethrough text) (Mar. 5, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-047)	In force from Mar. 5, 2021 to May 25, 2021	Schools and child careOther

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

Federal layer

Ex. FED-272

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

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

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

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

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

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

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

Ex. FED-307

Updated Amended Standing Order 21-04

In re: Court Operations Under the Exigent Circumstances Created by COVID-19 (Updated Amended, Sept. 3, 2021)

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

Dates: In force from Sept. 3, 2021 to Dec. 29, 2021
Quarters: 2021 Q3
Limitations: Capacity limitFace-covering requirementCourts and public offices
Functions reached: CT jury selections capped at one per vicinage; masks for all entrants regardless of vaccination status; temperature screening (Sept. 2021); CS
Grade: Primary source read
Days in this quarter: 28 (in force on the last day)

[WHEREAS the Delta] and other variants, and on July 27, 2021, the CDC recommended that all persons, including those fully vaccinated against COVID-19, wear a mask in public indoor settings, in areas of [substantial or high transmission]... [the Court has required] full vaccination of its employees, while continuing its protocols of temperature screening and hand sanitizing by all entrants to the District's courthouses, and mask wearing in all public areas of Court facilities by entrants and occupants thereof, regardless of vaccination status;... 1. No more than one jury selection, either civil or criminal, shall occur in each vicinage of this Court at one time... 2. Multiple, simultaneous jury trials may be conducted in each of this Court's vicinages, but the number of simultaneous criminal jury trials involving detainees in each [vicinage is limited]... DATED: September 3, 2021

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307) Open the exhibit

Ex. FED-130

FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)

New Jersey; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

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

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130) Open the exhibit

Ex. FED-133

FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)

North Carolina; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

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

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133) Open the exhibit

Ex. FED-143

FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)

Texas; Major Disaster and Related Determinations, 85 Fed. Reg. 20699 (Apr. 14, 2020)

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

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143) Open the exhibit

Ex. FED-113

FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)

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

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

Dates: In force from Mar. 26, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-398	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)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-156	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	In force from Apr. 27, 2021 to Nov. 12, 2021	Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-032	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	In force from May 5, 2021 to Sept. 30, 2021	Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-080	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	In force from June 21, 2021 to Dec. 27, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-008	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-292	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	In force from Mar. 19, 2020 to July 19, 2021	Courts and public offices
Ex. FED-034	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-132	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	In force from Mar. 20, 2020 to May 11, 2023	Emergency declaration
Ex. FED-104	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-147	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-071	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	In force from Mar. 23, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-099	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)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-115	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)	In force from Mar. 23, 2020 to May 11, 2023	Emergency declaration
Ex. FED-118	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)	In force from Mar. 24, 2020 to May 11, 2023	Emergency declaration
Ex. FED-183	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)	In force from Mar. 24, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-074	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)	In force from Mar. 25, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-109	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)	In force from Mar. 25, 2020 to May 11, 2023	Emergency declaration

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

State of Massachusetts

Ex. MA-073

Advisory Regarding Face Coverings and Cloth Masks (updated July 30, 2021)

DPH mask advisory for vaccinated and unvaccinated residents

Department of Public Health, Massachusetts (State)

Dates: In force from July 30, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirement
Functions reached: context for the Delta-wave posture; the binding instruments are MA-050 and the federal CDC order
Grade: Confirmed from a secondary source
Days in this quarter: 63 (in force on the last day)

Commonwealth mask page (Oct. 1, 2021 capture): 'Effective July 30: The Department of Public Health has issued a new mask advisory... Masks are still mandatory for all individuals on public and private transportation systems (including rideshares, livery, taxi, ferries, MBTA, Commuter Rail and transportation stations), in healthcare facilities and in other settings hosting vulnerable populations, such as congregate care settings. The Commonwealth's mask order was rescinded on May 29, 2021.'

Enforcement: Advisory only; the transit requirement rests on the federal CDC order and the health-care and congregate requirement on the DPH May 28, 2021 order

Citation: Department of Public Health, Advisory Regarding Face Coverings and Cloth Masks (updated July 30, 2021) (Ex. MA-073)

Ex. MA-067

COVID-19 Public Health Emergency Order No. 2021-4

Order of the Commissioner of Public Health regarding the requirement for nursing home personnel to be vaccinated against COVID-19

Acting Commissioner of Public Health Margret R. Cooke, with Public Health Council authorization (June 9, 2021) and the Governor's approval, Massachusetts (State)

Dates: In force from Aug. 4, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR hiring and credentialing of all nursing-home personnel from Aug. 4, 2021; WF workforce (vaccination status as a condition of work); IN admissions; PL staffing-agency placements at nursing homes
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

All nursing homes must ensure that all personnel are fully vaccinated against COVID-19 by October 10, 2021, unless such administration is medically contraindicated... or the individual objects to vaccination on the basis of a sincerely held religious belief... Personnel may not otherwise decline the vaccine. As of October 10, 2021, nursing homes shall ensure that all new personnel are fully vaccinated or qualify for an exemption... prior to being hired or otherwise affiliated with the facility. Nursing homes should ensure that all personnel have received at least the first dose of COVID-19 vaccine, if they are receiving a two dose series by September 1, 2021.... Violations of this Order shall be enforced against licensed facilities as provided by 105 CMR 153.000. As of October 10, 2021, the Department shall have the authority to order any nursing home that has fewer than 75% of personnel…

Enforcement: 105 CMR 153.000 licensure enforcement; admissions freeze below 75 percent; documentation and reporting to DPH by October 10, 2021

Citation: Acting Commissioner of Public Health Margret R. Cooke, with Public Health Council authorization (June 9, 2021) and the Governor's approval, COVID-19 Public Health Emergency Order No. 2021-4 (Aug. 4, 2021) (Ex. MA-067) Open the exhibit

Ex. MA-070

101 CMR 23.00

COVID-19 Vaccinations for Staff at Certain Agency Facilities (emergency regulation)

Executive Office of Health and Human Services (emergency regulation), Massachusetts (State)

Dates: In force from Aug. 13, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: PL staffing and contract personnel at State facilities; HR/WF
Grade: Primary source read
Days in this quarter: 49 (in force on the last day)

Staff at the Chelsea and Holyoke Soldiers' Homes are required to demonstrate that they have received COVID-19 vaccination by October 10, 2021... EOHHS may require staff at additional agencies to receive COVID-19 vaccination, including staff at: 1. state hospitals; 2. state-operated congregate care facilities; and 3. agencies designated by the Secretary.... Agency staff who fail to comply with the COVID-19 vaccination requirement will be subject to discipline, up to and including termination. Contracted staff who fail to comply with the COVID-19 vaccination requirement will not be permitted to work at the agency facility or location.

Enforcement: Discipline up to termination; contracted staff barred from the facility

Citation: Executive Office of Health and Human Services (emergency regulation), 101 CMR 23.00 (Aug. 13, 2021) (Ex. MA-070) Open the exhibit

Ex. MA-068

Executive Order No. 595

Implementing a Requirement for COVID-19 Vaccination for the Commonwealth's Executive Department Employees

Governor Charles D. Baker, Massachusetts (State)

Dates: In force from Aug. 19, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: WF/HR contract employees and staffing placements at executive agencies; PL staffing firms' placements with State agencies; CB State agencies as customers
Grade: Primary source read
Days in this quarter: 43 (in force on the last day)

It is the policy of the Commonwealth that all executive department employees shall be required to demonstrate that they have received COVID-19 vaccination and maintain full COVID-19 vaccination as a condition of continuing employment.... The HRD policy shall include... a requirement that all executive department employees demonstrate no later than October 17, 2021 to their employing agency... that they have received COVID-19 vaccination...;... appropriate enforcement measures to ensure compliance, which shall include progressive discipline up to and including termination for non-compliance.

Enforcement: HRD policy within 60 days; progressive discipline up to termination; Mass. Register No. 1451

Citation: Governor Charles D. Baker, Executive Order No. 595 (Aug. 19, 2021) (Ex. MA-068) Open the exhibit

Ex. MA-071

Implementation of DESE Mask Requirement

DESE mask requirement for public school students and staff, 2021-22 school year

Commissioner of Elementary and Secondary Education Jeffrey C. Riley, under the Board of Elementary and Secondary Education's August 24, 2021 vote, Massachusetts (State)

Dates: In force from Aug. 25, 2021 to Oct. 1, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN in-person instruction under masking; WF parents and school staff; TR school transport (federal order); AC indoor athletics masked
Grade: Primary source read
Days in this quarter: 37 (in force on the last day)

At the special meeting of the Board of Elementary and Secondary Education (Board) on August 24, 2021, the Board voted to declare "exigent circumstances" pursuant to the Student Learning Time (SLT) regulations, 603 CMR 27.08 (1), and authorized the Commissioner of Elementary and Secondary Education to require masks for public school students (age 5 and above) and staff in all grades through at least October 1, 2021.... Effective immediately, public school students (age 5 and above) and staff in all grades are required to wear masks indoors in schools, except as noted below.... As provided by the Student Learning Time regulations, each district must submit a plan confirming that their health and safety procedures are consistent with the mask requirement.... Submission of the survey response will be required no later than Friday, September 3, 2021. After October 1, 2021, if a school…

Enforcement: District plan submission under 603 CMR 27.08; local student discipline; 'By federal public health order, all students and staff are required to wear a mask on school buses'

Citation: Commissioner of Elementary and Secondary Education Jeffrey C. Riley, under the Board of Elementary and Secondary Education's August 24, 2021 vote, Implementation of DESE Mask Requirement (Aug. 25, 2021) (Ex. MA-071) Open the exhibit

Ex. MA-069

105 CMR 159.000

COVID-19 Vaccinations for Certain Staff Providing Home Care Services in Massachusetts (emergency regulation)

Department of Public Health (emergency regulation), Massachusetts (State)

Dates: In force from Sept. 8, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HC in-home visits; HR hiring and retention of aides from Sept. 8, 2021; WF workforce; IN intake capacity
Grade: Primary source read
Days in this quarter: 23 (in force on the last day)

Each Home Care Agency shall ensure all Home Care Agency Workers have received COVID-19 vaccination no later than October 31, 2021, unless an individual is subject to an exemption in accordance with 105 CMR 159.010(D).... each Non-Agency Based Home Care Worker shall document no later than October 31, 2021 that they have received COVID-19 vaccination.

Enforcement: Documentation and attestation requirements; reporting on request to MassHealth or the Executive Office of Elder Affairs; agency compliance as a condition of MassHealth and ASAP contracts

Citation: Department of Public Health (emergency regulation), 105 CMR 159.000 (Sept. 8, 2021) (Ex. MA-069) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. MA-002	Governor Charles D. Baker, COVID-19 Order No. 1 (Mar. 12, 2020) (Ex. MA-002)	In force from Mar. 12, 2020 to Sept. 30, 2021	Gathering capCourts and public offices
Ex. MA-051	General Court (Legislature); approved by the Governor, Chapter 53 of the Acts of 2020 (Apr. 3, 2020) (Ex. MA-051)	In force from Apr. 3, 2020 to May 1, 2022	Alcohol and barsCourts and public officesOther
Ex. MA-072	Supreme Judicial Court and Executive Office of the Trial Court (index page of the Massachusetts Court System), Court System Response to COVID-19 (guide) listing the SJC and Trial Court orders (July 1, 2020) (Ex. MA-072)	In force from July 1, 2020 to Sept. 30, 2021	Courts and public offices
Ex. MA-064	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding Control of COVID-19 in Long-Term Care Facilities (Nov. 5, 2020) (Ex. MA-064)	In force from Nov. 5, 2020 to Sept. 30, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. MA-049	Governor Charles D. Baker, Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (the 'modified public health emergency') (May 28, 2021) (Ex. MA-049)	In force from May 28, 2021 to Sept. 20, 2021	Emergency declarationFace-covering requirementHealth care ordersVaccination or testing
Ex. MA-050	Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor, Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021) (Ex. MA-050)	In force from May 29, 2021 to Sept. 30, 2021 (issued May 28, 2021)	Face-covering requirementHealth care ordersWorkplace rules
Ex. MA-054	Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council (June 9, 2021) and the Governor, COVID-19 Public Health Emergency Order No. 2021-1 (Reissuance of Certain Public Health Orders) (June 14, 2021) (Ex. MA-054)	In force from June 15, 2021 to Sept. 30, 2021 (issued June 14, 2021)	Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolationOther
Ex. MA-053	General Court (Legislature); approved by the Governor, Chapter 20 of the Acts of 2021 (June 16, 2021) (Ex. MA-053)	In force from June 16, 2021 to Dec. 15, 2021	Health care ordersAlcohol and barsCourts and public officesOther

Agencies, boards and authorities: Massachusetts

Ex. AGY-ST-COURTS-080

Supreme Judicial Court Seventh Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic (entered July 1, 2021, effective July 12, 2021; amended Dec. 31, 2021 and Jan. 24, 2022)

Q3 2021 court-operations order: end of Phase 3 jury-trial limits on July 9, 2021 but continued COVID-19 provisions, including six-person juries in Superior and Housing Court civil cases 'with or without the consent of the parties', reduced peremptory challenges, and exclusion of the general-continuance periods from speedy-trial computation; rescinded effective Jan. 1, 2024

Supreme Judicial Court of Massachusetts, Supreme Judicial Court of Massachusetts (statewide) (Court)

Dates: In force from July 12, 2021 to Jan. 1, 2024 (issued July 1, 2021)
Quarters: 2021 Q3
Limitations: Gathering capCourts and public offices
Functions reached: CT courts and agencies (Q3 2021: a COVID-19 court-operations order in force in every Massachusetts court from July 12, 2021); SV servicing and collections (civil jury trials altered)
Grade: Primary source read
Days in this quarter: 81 (in force on the last day)

In view of the guidance for vaccinated and unvaccinated persons recently issued by the Centers for Disease Control and Prevention (CDC) and the Department of Public Health (DPH), the Governor's lifting of the State of Emergency... the Supreme Judicial Court (SJC), pursuant to its superintendence and rule-making authority, issues the following ORDER:... 6. Jury trials. Phase 3 of the resumption of jury trials in Massachusetts state courts will end on July 9, 2021. Thereafter there will be no further COVID-19-related limitations or restrictions on where and how jury trials are conducted, except as provided in this Order... Notwithstanding any rule to the contrary, until further order of the SJC:... (b) civil cases in the Superior Court and Housing Court that typically would be tried to juries of twelve... shall be tried to juries of six, with or without the consent of the parties

Enforcement: Mass. Gen. Laws ch. 211, § 3 (superintendence); order binding on all state courts

Citation: Supreme Judicial Court of Massachusetts, Supreme Judicial Court Seventh Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic (entered July 1, 2021, effective July 12, 2021; amended Dec. 31, 2021 and Jan. 24, 2022) (Ex. AGY-ST-COURTS-080) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-116

Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-3

Retail pharmacies with LTCF or ALR contracts may provide COVID-19 vaccine to long-term care facilities and assisted living residences without patient-specific prescriptions; facilities may possess vaccine without a Controlled Substance Registration if they comply with storage rules, administer under a practitioner's order, enroll in the Massachusetts COVID-19 Vaccination Program and report to the MIIS

Margret R. Cooke, Acting Commissioner, Massachusetts Department of Public Health, Massachusetts - Department of Public Health (State health department) (State)

Dates: In force from July 30, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingSupply chain
Functions reached: SC vaccine supply chain to LTC (pharmacy distribution conditions); RS residential care (vaccine possession and administration conditions); OF reporting (MIIS); CB residents
Grade: Primary source read
Days in this quarter: 63 (in force on the last day)

To ensure that residents in licensed long-term care facilities and certified assisted living residences have access to COVID-19 vaccine, notwithstanding M.G.L. c. 94C, §§ 17 and 19, a retail pharmacy licensed by the Board of Registration in Pharmacy, that currently has a contractual agreement to provide controlled substances to a licensed long-term care facility (LTCF) or a certified assisted living residence (ALR), may provide COVID-19 vaccine to a LTCF or ALR without patient specific prescriptions. A licensed long-term care facility or certified assisted living residence may receive and possess COVID-19 vaccine from such a retail pharmacy, without obtaining a Massachusetts Controlled Substance Registration as a health facility in accordance with 105 CMR 700.004(A)(2), provided that the LTCF or ALR: Complies with all state and federal rules and regulations for security and storage of…

Enforcement: G.L. c. 17, § 2A; G.L. c. 94C (controlled substance registration); pharmacy and facility licensure

Citation: Margret R. Cooke, Acting Commissioner, Massachusetts Department of Public Health, Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-3 (July 30, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-116) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-122

Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-5 (Extending Certain Licenses)

Licenses granted under the Apr. 3, 2020 Order Maximizing Health Care Provider Availability remain valid until Dec. 31, 2021 notwithstanding that order's rescission on June 14, 2021

Margret R. Cooke, Acting Commissioner of Public Health, Massachusetts - Department of Public Health (State health department) (State)

Dates: In force from Aug. 20, 2021 to Dec. 31, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: HR credentialing; WF workforce
Grade: Primary source read
Days in this quarter: 42 (in force on the last day)

I issue the following Order: [licenses] granted pursuant to the Order Rescinding and Replacing the March 29, 2020 Order of the Commissioner of Public Health Maximizing Health Care Provider Availability, issued on April 3, 2020, shall remain valid until December 31, 2021, notwithstanding the recission of that Order on June 14, 2021. Any other license granted pursuant to that Order remains subject to the terms of the recission and shall be valid [as stated].

Enforcement: G.L. c. 17, § 2A; Boards of Registration

Citation: Margret R. Cooke, Acting Commissioner of Public Health, Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-5 (Extending Certain Licenses) (Aug. 20, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-122) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-048

Minutes of the Board's special meeting of August 24, 2021 (vote authorizing the Commissioner to require face coverings in public schools)

Board vote authorizing the Commissioner to require masks for all students age five and older and all staff in public schools through at least October 1, 2021, with a vaccination-rate off-ramp

Massachusetts Board of Elementary and Secondary Education (special meeting of August 24, 2021), Massachusetts Board of Elementary and Secondary Education; State level (State)

Dates: In force from Aug. 25, 2021 to Nov. 1, 2021 (issued Aug. 24, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN in-person instruction under universal masking; EMP staff masking; WF school workforce; CB families
Grade: Confirmed from a secondary source
Days in this quarter: 37 (in force on the last day)

Enforcement: 603 CMR 27.08; the Commissioner's requirement (Ex. MA-071)

Citation: Massachusetts Board of Elementary and Secondary Education (special meeting of August 24, 2021), Minutes of the Board's special meeting of August 24, 2021 (vote authorizing the Commissioner to require face coverings in public schools) (Aug. 24, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-048)

Ex. AGY-ST-HEALTH-SUBORDERS-118

Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-6

Emergency licensure: health care professionals licensed in good standing in another State to be issued corresponding Massachusetts licenses valid until Dec. 31, 2021; expired or inactive licenses renewed or reactivated without the usual requirements until Dec. 31, 2021

Margret R. Cooke, Acting Commissioner of Public Health, Massachusetts - Department of Public Health (State health department) (State)

Dates: In force from Aug. 26, 2021 to Dec. 31, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: HR credentialing (emergency licensure to staff the Delta-wave response); WF workforce
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

I issue the following Order:... [a health care professional whose] license is in good standing in that other State where it was issued shall forthwith be issued a corresponding Massachusetts license that shall remain valid until December 31, 2021.... [professionals whose licenses are expired or inactive and not] subject to any non-disciplinary restriction shall have their licenses immediately renewed or [reactivated without meeting the usual] reactivation requirements, and shall remain valid until December 31, 2021.

Enforcement: G.L. c. 17, § 2A; Boards of Registration

Citation: Margret R. Cooke, Acting Commissioner of Public Health, Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-6 (Aug. 26, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-118) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-119

Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-7

Facilities may access the Massachusetts Immunization Information System to verify the COVID-19 vaccination status of their employees; access solely for verification; list of designated MIIS Authorized Users to be maintained

Margret R. Cooke, Acting Commissioner of Public Health, Massachusetts - Department of Public Health (State health department) (State)

Dates: In force from Sept. 2, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR workforce (employer verification of employee vaccination status); OF records and confidentiality; IC infection control
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

I issue the following Order: [facilities may access the] MIIS to verify the COVID-19 vaccination status of their employees. Any access or redisclosure of information obtained from the MIIS pursuant to this Order must be solely for the purpose of verifying COVID-19 vaccination status. A facility acting pursuant to this Order must maintain a list of those MIIS Authorized Users it designates.

Enforcement: G.L. c. 17, § 2A; G.L. c. 111, § 24M (confidentiality of MIIS data)

Citation: Margret R. Cooke, Acting Commissioner of Public Health, Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-7 (Sept. 2, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-119) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-044

News item republished by the Authority, 'Fan Expo marks first Boston public convention since COVID-19 pandemic' (Sept. 3, 2021)

First public convention at the BCEC since the pandemic began (Sept. 3, 2021)

Massachusetts Convention Center Authority (republishing a WCVB report), Massachusetts Convention Center Authority, Massachusetts (State)

Dates: In force from Sept. 3, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Events and venues
Functions reached: MC; EV; LG; WF
Grade: Confirmed from a secondary source
Days in this quarter: 28 (in force on the last day)

This is the first public convention at the Boston Convention and Exhibition Center since the pandemic began. The Boston convention center space once served as a field hospital, but now it's resuming normal operations.

Citation: Massachusetts Convention Center Authority (republishing a WCVB report), News item republished by the Authority, 'Fan Expo marks first Boston public convention since COVID-19 pandemic' (Sept. 3, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-044) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-120

Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-8

Non-MAP-certified staff in Community Programs may possess and administer medications under existing prescriptions and administration orders to avoid unnecessary emergency department visits; G.L. c. 94C, § 7 suspended in part

Margret R. Cooke, Acting Commissioner of Public Health, Massachusetts - Department of Public Health (State health department) (State)

Dates: In force from Sept. 15, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: HR staffing (medication administration by non-certified staff); RS residential program operations; ED emergency department demand
Grade: Primary source read
Days in this quarter: 16 (in force on the last day)

I issue the following Order: [to address staffing shortages in Community Programs as] defined in 105 CMR 700.001, and to avoid unnecessary emergency department visits, G.L. c. 94C, § 7 is hereby suspended, in part, to allow non-MAP Certified staff in Community Programs to possess and [administer medications] pursuant to existing patient prescriptions and administration orders, as outlined in Department guidance. All applicable statute, regulations and guidance not inconsistent with this Order remain in effect.

Enforcement: G.L. c. 17, § 2A; G.L. c. 94C

Citation: Margret R. Cooke, Acting Commissioner of Public Health, Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-8 (Sept. 15, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-120) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-042

Chapter 55 of the Acts of 2021, An Act extending COVID-19 Massachusetts emergency paid sick leave

Extension of COVID-19 Massachusetts emergency paid sick leave to April 1, 2022

Massachusetts General Court; approved by Governor Baker Sept. 29, 2021, Massachusetts; General Court (State)

Dates: In force from Sept. 29, 2021 to Apr. 1, 2022
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Functions reached: WF; HR; OP
Grade: Primary source read
Days in this quarter: 2 (in force on the last day)

SECTION 3. Section 11 of said chapter 16 is hereby amended by striking out the words 'September 30, 2021' and inserting in place thereof the following words:- April 1, 2022.

Enforcement: As in Ex. 009

Citation: Massachusetts General Court; approved by Governor Baker Sept. 29, 2021, Chapter 55 of the Acts of 2021, An Act extending COVID-19 Massachusetts emergency paid sick leave (Sept. 29, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-042) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-COURTS-079	Supreme Judicial Court of Massachusetts, Supreme Judicial Court Sixth Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic (Ex. AGY-ST-COURTS-079)	Effective: 2021-04	Capacity limitGathering capCourts and public offices
Ex. AGY-ST-ALCOHOL-091	Massachusetts Alcoholic Beverages Control Commission, ABCC Advisory Regarding Extension of Allowance of Outdoor Table Service (Sept. 11, 2020) (Ex. AGY-ST-ALCOHOL-091)	In force from Sept. 10, 2020 to Aug. 15, 2021 (issued Sept. 11, 2020)	Capacity limitOther
Ex. AGY-ST-UTILITIES-HOUSING-AG-038	Attorney General Maura Healey (Office of the Attorney General), 940 CMR 3.18, Price Gouging (as amended by emergency regulation effective March 20, 2020) (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-038)	In force from Mar. 20, 2020; end: Standing regulation; operates during 'any declared statewide or national…	Other
Ex. AGY-ST-DMV-SOS-RECORDERS-039	Massachusetts General Court; approved by Governor Charles D. Baker, Chapter 71 of the Acts of 2020 (Apr. 23, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-039)	In force from Apr. 23, 2020; end: Section 8: the repealing section 'shall take effect 3 business days after…	Courts and public officesOther
Ex. AGY-AVIATION-SURFACE-057	Massachusetts Bay Transportation Authority, MBTA face-covering requirement effective May 6, 2020 (Executive Order for face coverings takes effect) (May 5, 2020) (Ex. AGY-AVIATION-SURFACE-057)	In force from May 6, 2020 to Sept. 30, 2021 (issued May 5, 2020)	Face-covering requirementTravel and quarantine
Ex. AGY-ST-EDUCATION-HIGHER-ED-007	Massachusetts Board of Elementary and Secondary Education (regulation); Commissioner Jeffrey C. Riley (requirements issued under 27.08), 603 CMR 27.00, Student Learning Time, including 27.08 (Health and Safety Standards during a State of Emergency or Other Exigent Circumstances), as amended through February 23, 2021 (Wayback capture of February 26, 2021) (Feb. 23, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-007)	In force from Sept. 29, 2020 to May 25, 2021 (issued Feb. 23, 2021)	Face-covering requirementSchools and child careWorkplace rulesOther
Ex. AGY-ST-EDUCATION-HIGHER-ED-066	Commissioner Jeffrey C. Riley (memorandum to the Board); Board vote of September 29, 2020, Memorandum on the adoption of 603 CMR 27.08 (Board meeting of September 29, 2020, item 4, with tracked text and public comment) (Sept. 29, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-066)	In force from Sept. 29, 2020 to Sept. 30, 2021	Schools and child careWorkplace rules
Ex. AGY-ST-EDUCATION-HIGHER-ED-047	Commissioner Jeffrey C. Riley (memorandum to the Board), Memorandum on proposed amendments to 603 CMR 27.08 (Board meeting of March 5, 2021, item 1b, with strikethrough text) (Mar. 5, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-047)	In force from Mar. 5, 2021 to May 25, 2021	Schools and child careOther
Ex. AGY-AVIATION-SURFACE-070	Massachusetts Bay Transportation Authority, MBTA Spring 2021 Commuter Rail schedules (direction set Feb. 22, 2021; schedules effective Apr. 5, 2021) (Ex. AGY-AVIATION-SURFACE-070)	In force from Apr. 5, 2021 to July 3, 2021 (issued Feb. 22, 2021)	Travel and quarantineOther
Ex. AGY-ST-EDUCATION-HIGHER-ED-068	Massachusetts Board of Elementary and Secondary Education, 603 CMR 27.00, Student Learning Time, as most recently amended May 25, 2021 (current official text, including 27.08 as amended March 5 and May 25, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-068)	In force from May 25, 2021 to Sept. 30, 2021	Face-covering requirementSchools and child careWorkplace rulesOther
Ex. AGY-ST-GAMING-RACING-037	Massachusetts Gaming Commission, Commission vote of May 26, 2021: MGC Votes to Rescind COVID-19-Related Orders for Gaming Establishments, Horse Racing and Simulcasting Facilities (Ex. AGY-ST-GAMING-RACING-037)	In force from May 29, 2021 to Sept. 30, 2021 (issued May 26, 2021)	Workplace rulesOther
Ex. AGY-ST-LABOR-WORKPLACE-009	Massachusetts General Court; approved by Governor Baker May 28, 2021, Chapter 16 of the Acts of 2021, An Act providing for Massachusetts COVID-19 emergency paid sick leave (May 28, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-009)	In force from June 7, 2021 to Sept. 30, 2021 (issued May 28, 2021)	Workplace rulesVaccination or testingQuarantine and isolation
Ex. AGY-ST-DMV-SOS-RECORDERS-040	Massachusetts General Court; approved by Governor Charles D. Baker, Chapter 20 of the Acts of 2021 (June 16, 2021) (Ex. AGY-ST-DMV-SOS-RECORDERS-040)	In force from June 16, 2021 to Dec. 15, 2021	Courts and public officesOther

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

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):

MA-049 Governor's Declaration of a public health emergency under G.L. c. 17, s. 2A (May 28, 2021), in effect until rescinded
MA-050 DPH Order Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021, eff. May 29, 2021), reissued June 14, 2021 as Attachment N to PHE Order No. 2021-1
MA-054 DPH COVID-19 Public Health Emergency Order No. 2021-1 (June 14, 2021) reissuing fourteen orders: EMS staffing; rescue inhalers in community programs; skilled nursing in assisted living; pharmacy assistance teams; COVID-19 data reporting; CNA training timeframes; prohibition on billing uninsured individuals for COVID-19 testing; control of COVID-19 in long-term care facilities; CLIA-waived testing in congregate care; temporary laboratory licenses; MIIS reporting; immunization information access; additional vaccinators; face coverings in certain settings; plus nursing practice by graduates and senior students
MA-064 DPH Order Regarding Control of COVID-19 in Long-Term Care Facilities (Nov. 5, 2020), reissued June 14, 2021 (Attachment H)
MA-067 DPH COVID-19 Public Health Emergency Order No. 2021-4 (Aug. 4, 2021): all nursing-home personnel fully vaccinated by Oct. 10, 2021; first dose by Sept. 1, 2021; enforcement under 105 CMR 153.000; admissions freeze authority below 75 percent
MA-070 101 CMR 23.00 (EOHHS emergency regulation, eff. Aug. 13, 2021): vaccination of staff at the Chelsea and Holyoke Soldiers' Homes by Oct. 10, 2021; EOHHS may extend to state hospitals and state-operated congregate care
MA-068 Executive Order No. 595 (Aug. 19, 2021): all executive-department employees vaccinated by Oct. 17, 2021; progressive discipline up to termination
MA-071 DESE Implementation of Mask Requirement (Aug. 25, 2021) under the Board's Aug. 24, 2021 exigent-circumstances vote, 603 CMR 27.08(1): masks for public-school students age 5 and above and all staff indoors, through at least Oct. 1, 2021; district plans due Sept. 3, 2021
MA-069 105 CMR 159.000 (DPH emergency regulation, eff. Sept. 8, 2021): every Home Care Agency Worker, Personal Care Attendant and independent nurse vaccinated by Oct. 31, 2021
MA-053 Chapter 20 of the Acts of 2021 (June 16, 2021): outdoor table service and alcohol approvals, takeout beer, wine and cocktails (to May 1, 2022), remote public-body meetings and remote notarization (to Dec. 15, 2021), assisted-living nursing flexibilities (to Dec. 15, 2021), notice-to-quit rules tied to the CDC eviction order
Federal layer (FED files): CDC conveyance mask order (86 Fed. Reg. 8025) and TSA directives; OSHA Healthcare ETS (29 C.F.R. 1910.502) from June 21, 2021; CDC eviction order to Aug. 26, 2021; presidential entry proclamations

5. Standing duties in Massachusetts

Massachusetts compelled the pandemic measures on three standing tracks that predate COVID-19 and outlasted the Civil Defense Act orders. First, the public health statutes. G.L. c. 17, s. 2A lets the Commissioner of Public Health, once the Governor declares an emergency detrimental to the public health, 'take such action and incur such liabilities as he may deem necessary to assure the maintenance of public health and the prevention of disease' (DUT-MA-001); the Governor invoked it on March 10, 2020 (Ex. MA-001) and again on May 28, 2021 (Ex. MA-049), and the Commissioner's orders under it ran through the third quarter of 2021 (Ex. MA-050, MA-054). G.L. c. 111, s. 6 gives the Department power to define diseases 'dangerous to the public health' and to 'make such rules and regulations consistent with law for the control and prevention of such diseases' (DUT-MA-002); 105 CMR 300.100 lists COVID-19 among the diseases every household member, physician and health care provider 'shall' report (DUT-MA-011); 105 CMR 300.200 authorizes the Department and every local board of health 'to implement and enforce' isolation and quarantine and 'additional control measures' (DUT-MA-009), with written and oral orders enforceable in the Superior Court under 105 CMR 300.210 (DUT-MA-010). Local boards of health 'may make reasonable health regulations,' and violation is punished by a fine of up to $1,000 (c. 111, s. 31; DUT-MA-004); when a dangerous disease exists, a board 'shall use all possible care to prevent the spread of the infection' (s. 104; DUT-MA-006), and 'all persons residing in or in any way connected' with an infected place 'shall be subject to the regulations of the board' (s. 95; DUT-MA-005); the board 'shall examine into all nuisances, sources of filth and causes of sickness' and violation of its regulations forfeits up to $1,000 (s. 122; DUT-MA-007); the State Sanitary Code has 'the force of law' with penalties up to $500 per offence (s. 127A; DUT-MA-008), and a food permit is suspended without prior hearing for an 'imminent health hazard' (105 CMR 590.014; DUT-MA-019). Second, the Civil Defense Act. St. 1950, c. 639, s. 7 vests the Governor with 'any and all authority over persons and property, necessary or expedient for meeting said state of emergency'; s. 8 punishes whoever 'violates any provision of any such executive order or general regulation' by imprisonment up to one year or a fine up to $500, or both; s. 8A makes inconsistent laws, rules, ordinances and by-laws 'inoperative' while an order is in effect (DUT-MA-012). Every COVID-19 Order recited that penalty or the $300 civil fine administered under G.L. c. 40, s. 21D (Ex. MA-008, MA-028; DUT-MA-018), and the Supreme Judicial Court held on December 10, 2020 that the Act 'provides the Governor with the authority' for the declaration and the emergency orders and that their penalties 'are provided pursuant to the CDA' (Desrosiers v. Governor, 486 Mass. 369; DUT-MA-020). Third, the workplace duties. G.L. c. 149, s. 6 charges the Department of Labor Standards and the Attorney General to determine the 'reasonable means or requirements for the prevention of industrial or occupational diseases' in every place of employment and to make 'rules, regulations and orders' whose violation is fined up to $1,000 per offense (DUT-MA-013); s. 113 requires every building 'in which a person is employed' to be 'well ventilated and kept free from unsanitary conditions' (DUT-MA-014); 29 U.S.C. 654(a) requires each private employer to furnish employment 'free from recognized hazards' (DUT-MA-015). COVID-19 Order No. 33 filled those duties with content on May 18, 2020: a business could operate 'provided they comply with all workplace safety rules and standards issued or maintained pursuant to Section 2,' every business 'must immediately adopt and maintain' the generally applicable COVID-19 workplace safety rules, and each had to self-certify and post its compliance (Ex. MA-017; DUT-MA-016); the Attorney General told the Commonwealth on May 20, 2020 that 'All businesses in Massachusetts must develop a written plan for how they will comply with these mandatory standards before they can reopen' and 'employers must post a completed compliance attestation poster' (DUT-MA-003). From June 7, 2021 every employer 'shall provide' COVID-19 emergency paid sick leave (St. 2021, c. 16, s. 10; Ex. AGY-ST-LABOR-WORKPLACE-009, extended by c. 55, Ex. AGY-ST-LABOR-WORKPLACE-042). The Legislature's only COVID-19 immunity statute, St. 2020, c. 64, protected health care facilities and professionals only where they acted 'pursuant to a COVID-19 emergency rule and in accordance with otherwise applicable law' and 'in good faith' (DUT-MA-017); no general business immunity was enacted, so every other employer answered in negligence to a standard of care measured by the mandatory standards the Commonwealth had published. The general Mandatory Safety Standards for Workplaces (DLS/DPH, May 18, 2020) could not be retrieved during this phase (mass.gov has withdrawn the document and the Internet Archive was offline throughout); its content is proved by Order No. 33 s.

The phase question

Whether the measures Massachusetts employers took beyond the four corners of the emergency orders were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by Massachusetts law.

The State's standing duties

Ex. DUT-MA-001

G.L. c. 17, s. 2A

Emergency powers of the Commissioner of Public Health upon the Governor's declaration of an emergency detrimental to the public health

General Court (codified statute administered by the Commissioner of Public Health), Massachusetts (State)

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

Upon declaration by the governor that an emergency exists which is detrimental to the public health, the commissioner may, with the approval of the governor and the public health council, during such period of emergency, take such action and incur such liabilities as he may deem necessary to assure the maintenance of public health and the prevention of disease.

Enforcement: Enforced through the instruments issued under it (G.L. c. 111 penalties; facility licensure; the orders' own penalty clauses)

Citation: General Court (codified statute administered by the Commissioner of Public Health), G.L. c. 17, s. 2A (standing) (Ex. DUT-MA-001) Open the exhibit

Ex. DUT-MA-002

G.L. c. 111, s. 6

Power to define diseases deemed dangerous to public health; control and prevention

General Court (codified statute administered by the Department of Public Health), Massachusetts (State)

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

The department shall have the power to define, and shall from time to time define, what diseases shall be deemed to be dangerous to the public health, and shall make such rules and regulations consistent with law for the control and prevention of such diseases as it deems advisable for the protection of the public health.

Enforcement: Through the regulations made under it (105 CMR 300.000) and G.L. c. 111 enforcement provisions

Citation: General Court (codified statute administered by the Department of Public Health), G.L. c. 111, s. 6 (standing) (Ex. DUT-MA-002) Open the exhibit

Ex. DUT-MA-003

Press release, 'AG Healey Announces Enhanced Resources for Workers to Report Safety Concerns As State Begins Phased Reopening' (May 20, 2020)

Attorney General's statement that the mandatory safety standards apply to all workplaces, that every business must adopt a written COVID-19 control plan before reopening and post a compliance attestation, with a Fair Labor Division complaint channel for unsafe conditions

Attorney General Maura Healey (Office of the Attorney General, Fair Labor Division), Massachusetts (State)

Dates: Standing (2020-05-20)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Workplace rulesStanding dutyOperating condition
Character: agency position statement
Grade: Primary source read

All businesses in Massachusetts must develop a written plan for how they will comply with these mandatory standards before they can reopen.... In addition, employers must post a completed compliance attestation poster where employees and customers can see it.

Enforcement: Enforcement by the Attorney General's Fair Labor Division of 'state wage, hour and certain workplace laws'; the underlying orders' $300 civil fine and injunction (Ex. MA-017, MA-019)

Citation: Attorney General Maura Healey (Office of the Attorney General, Fair Labor Division), Press release, 'AG Healey Announces Enhanced Resources for Workers to Report Safety Concerns As State Begins Phased Reopening' (May 20, 2020) (Ex. DUT-MA-003) Open the exhibit

Ex. DUT-MA-004

G.L. c. 111, s. 31

Health regulations of boards of health; publication as notice to all persons; penalty

General Court (codified statute; powers exercised by municipal boards of health), Massachusetts (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureGathering capFace-covering requirementWorkplace rulesStanding duty
Character: statutory authority
Grade: Primary source read

Boards of health may make reasonable health regulations. A summary which shall describe the substance of any regulation made by a board of health under this chapter shall be published once in a newspaper of general circulation in the city or town, and such publication shall be notice to all persons.

Enforcement: Fine of not more than $1,000 for any violation for which no other penalty is provided by law

Citation: General Court (codified statute; powers exercised by municipal boards of health), G.L. c. 111, s. 31 (standing) (Ex. DUT-MA-004) Open the exhibit

Ex. DUT-MA-005

G.L. c. 111, s. 95

Powers and duties of boards in cases of infectious diseases

General Court (codified statute; powers exercised by municipal boards of health), Massachusetts (State)

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

If a disease dangerous to the public health breaks out in a town... the board of health shall immediately provide such hospital or place of reception... otherwise the house or place in which he remains shall be considered as a hospital, and all persons residing in or in any way connected therewith shall be subject to the regulations of the board

Enforcement: Enforced through the board's regulations (s. 31 fine) and the warrant power of s. 96 (removal by sheriff, constable or police under the board's direction)

Citation: General Court (codified statute; powers exercised by municipal boards of health), G.L. c. 111, s. 95 (standing) (Ex. DUT-MA-005) Open the exhibit

Ex. DUT-MA-006

G.L. c. 111, s. 104

Prevention of spread of infection; public notice; removal

General Court (codified statute; duties of selectmen and boards of health), Massachusetts (State)

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

If a disease dangerous to the public health exists in a town, the selectmen and board of health shall use all possible care to prevent the spread of the infection and may give public notice of infected places... Whoever obstructs the selectmen, board of health or its agent in using such means... shall forfeit not less than ten nor more than one hundred dollars.

Enforcement: Forfeiture of $10 to $100 for obstruction or interference with posted notices

Citation: General Court (codified statute; duties of selectmen and boards of health), G.L. c. 111, s. 104 (standing) (Ex. DUT-MA-006) Open the exhibit

Ex. DUT-MA-007

G.L. c. 111, s. 122

Regulations relative to nuisances; examinations

General Court (codified statute; powers of municipal boards of health), Massachusetts (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 board of health shall examine into all nuisances, sources of filth and causes of sickness... which may, in its opinion, be injurious to the public health, shall destroy, remove or prevent the same... and shall make regulations for the public health and safety relative thereto... Whoever violates any such regulation shall forfeit not more than one thousand dollars.

Enforcement: Forfeiture of not more than $1,000 per violation; abatement by the board (ss. 123-125)

Citation: General Court (codified statute; powers of municipal boards of health), G.L. c. 111, s. 122 (standing) (Ex. DUT-MA-007) Open the exhibit

Ex. DUT-MA-008

G.L. c. 111, s. 127A

State sanitary code; adoption; enforcement; jurisdiction

General Court (codified statute; State Sanitary Code adopted by the Department of Public Health and enforced by boards of health), Massachusetts (State)

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

Said department shall adopt, and may from time to time amend, public health regulations to be known as the state sanitary code, which may provide penalties for violations thereof not exceeding five hundred dollars for any one offence... Said code shall become effective and have the force of law upon filing with the state secretary or at such later date as may be specified by the department.

Enforcement: Up to $500 for any one offence (higher penalties for medical-waste violations); enforcement in the district court with a speedy trial

Citation: General Court (codified statute; State Sanitary Code adopted by the Department of Public Health and enforced by boards of health), G.L. c. 111, s. 127A (standing) (Ex. DUT-MA-008) Open the exhibit

Ex. DUT-MA-009

105 CMR 300.200

Isolation and Quarantine Requirements

Department of Public Health (regulation under G.L. c. 111, ss. 6, 7 and 109 and related sections), Massachusetts (State)

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

Upon the report of a case or suspected case of disease declared dangerous to the public health, the local board of health and the Department are authorized to implement and enforce the requirements outlined in 105 CMR 300.200.... Depending on the specific circumstances... additional control measures may be required.

Enforcement: Enforced by written or oral order under 105 CMR 300.210 with Superior Court enforcement (DUT-MA-010); G.L. c. 111 penalties

Citation: Department of Public Health (regulation under G.L. c. 111, ss. 6, 7 and 109 and related sections), 105 CMR 300.200 (standing) (Ex. DUT-MA-009) Open the exhibit

Ex. DUT-MA-010

105 CMR 300.210

Procedures for Isolation and Quarantine

Department of Public Health (regulation), Massachusetts (State)

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

(C) Written Order. (1) The Department or local board of health may issue a written order of isolation or quarantine to an individual or group of individuals as authorized by 105 CMR 300.000.... (G)(2) If an order for isolation or quarantine is violated, the Department or local board of health may apply to a judge of the Superior Court for an order to enforce the isolation or quarantine

Enforcement: Superior Court enforcement order on violation; G.L. c. 111 penalties

Citation: Department of Public Health (regulation), 105 CMR 300.210 (standing) (Ex. DUT-MA-010) Open the exhibit

Ex. DUT-MA-011

105 CMR 300.100

Diseases Reportable to Local Boards of Health (COVID-19 listed)

Department of Public Health (regulation), Massachusetts (State)

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

Cases or suspect cases of the diseases listed below shall be reported by household members, physicians and other health care providers as defined by M.G.L. c. 111, s. 1, and other officials designated by the Department... immediately, but in no case more than 24 hours after diagnosis or identification, to the board of health in the community where the case is diagnosed

Enforcement: G.L. c. 111 penalties for failure to report; enforcement through the board's regulations

Citation: Department of Public Health (regulation), 105 CMR 300.100 (standing) (Ex. DUT-MA-011) Open the exhibit

Ex. DUT-MA-012

St. 1950, c. 639 (the Civil Defense Act), ss. 1, 5, 7, 8, 8A

An Act to Provide for the Safety of the Commonwealth During the Existence of an Emergency Resulting from Disaster or from Hostile Action

General Court; approved by the Governor July 20, 1950 (emergency law), Massachusetts (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStay-at-homeBusiness closureGathering capStanding duty
Character: order penalty
Grade: Primary source read

Whoever violates any provision of any such executive order or general regulation issued or promulgated by the governor, for the violation of which no other penalty is provided by law, shall be punished by imprisonment for not more than one year, or by a fine of not more than five hundred dollars, or both.

Enforcement: Imprisonment up to one year, fine up to $500, or both, for violating any executive order or general regulation under the Act (s. 8), recited in COVID-19 Order No. 13 (Ex. MA-008)

Citation: General Court; approved by the Governor July 20, 1950 (emergency law), St. 1950, c. 639 (the Civil Defense Act), ss. 1, 5, 7, 8, 8A (standing) (Ex. DUT-MA-012) Open the exhibit

Ex. DUT-MA-013

G.L. c. 149, s. 6

Safety devices and means to prevent accidents and diseases generally

General Court (codified statute administered by the Department of Labor Standards and the Attorney General), Massachusetts (State)

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

The department shall or the attorney general may investigate... employments and places of employment... and also shall or the attorney general may determine what suitable devices or other reasonable means or requirements for the prevention of industrial or occupational diseases shall be adopted or followed in any or all such employments or places of employment

Enforcement: Fine of not more than $1,000 for each offense; complaint in the district court by the department, any aggrieved person, interested party or labor union officer

Citation: General Court (codified statute administered by the Department of Labor Standards and the Attorney General), G.L. c. 149, s. 6 (standing) (Ex. DUT-MA-013) Open the exhibit

Ex. DUT-MA-014

G.L. c. 149, s. 113

Light, ventilation, cleanliness, sanitation and heat in establishments

General Court (codified statute; rules by the Attorney General), Massachusetts (State)

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

Every factory, workshop, manufacturing, mechanical and mercantile establishment, railroad freight house, railway express terminal, public garages and premises used by express, trucking and transportation companies and any other building in which a person is employed, other than a building under construction, shall be well lighted, well ventilated and kept free from unsanitary conditions

Enforcement: Enforcement under c. 149 (Attorney General; DLS); penalties as provided in the chapter

Citation: General Court (codified statute; rules by the Attorney General), G.L. c. 149, s. 113 (standing) (Ex. DUT-MA-014) Open the exhibit

Ex. DUT-MA-015

29 U.S.C. 654(a)(1)-(2)

Duties of employers and employees (the general duty clause)

Congress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, s. 5), United States (applies to Massachusetts private employers; no State plan for the private sector) (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace 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.

Enforcement: Civil penalties under 29 U.S.C. 666 (serious and willful violations); criminal penalties for willful violations causing death

Citation: Congress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, s. 5), 29 U.S.C. 654(a)(1)-(2) (standing) (Ex. DUT-MA-015) Open the exhibit

Ex. DUT-MA-016

COVID-19 Compliance Attestation Poster (English)

Compliance attestation poster that every reopening business had to complete, sign and display: 'we have taken the following steps to comply with state mandatory safety standards for workplaces'

Executive Office of Housing and Economic Development with the Department of Labor Standards and the Department of Public Health (Reopening Massachusetts, Phase I package), Massachusetts (State)

Dates: Standing (2020-05-18)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesOperating condition
Character: order operating condition
Grade: Primary source read

In order to reopen your business, please complete and sign the following checklist once you have completed your COVID-19 Control Plan template.... Be assured we have taken the following steps to comply with state mandatory safety standards for workplaces: Workers are wearing face coverings and we've put social distancing measures in place

Enforcement: Order No. 33 s. 3 self-certification requirement; $300 civil fine per violation and injunction under Orders No. 33 and 37; complaints to the Attorney General's Fair Labor Division

Citation: Executive Office of Housing and Economic Development with the Department of Labor Standards and the Department of Public Health (Reopening Massachusetts, Phase I package), COVID-19 Compliance Attestation Poster (English) (May 18, 2020) (Ex. DUT-MA-016) Open the exhibit

Ex. DUT-MA-017

Chapter 64 of the Acts of 2020

An Act to Provide Liability Protections for Health Care Workers and Facilities During the COVID-19 Pandemic

General Court; approved by Governor Charles D. Baker (emergency law), Massachusetts (State)

Dates: Standing (2020-04-17 (emergency law), applying to health care services provided during the COVID-19 emergency (declared Mar. 10, 2020))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersStanding dutyOperating condition
Character: liability shield condition
Grade: Primary source read

health care professionals and health care facilities shall be immune from suit and civil liability... during the period of the COVID-19 emergency; provided, however, that: (i) the health care facility or health care professional is arranging for or providing health care services pursuant to a COVID-19 emergency rule and in accordance with otherwise applicable law

Enforcement: Loss of immunity: ordinary tort liability for services not provided under and in accordance with the emergency rules and applicable law

Citation: General Court; approved by Governor Charles D. Baker (emergency law), Chapter 64 of the Acts of 2020 (Apr. 17, 2020) (Ex. DUT-MA-017) Open the exhibit

Ex. DUT-MA-018

G.L. c. 40, s. 21D

Non-criminal disposition of violations of ordinances, by-laws, rules and regulations

General Court (codified statute; adopted by cities and towns by ordinance or by-law), Massachusetts (State)

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

Any city or town may by ordinance or by-law not inconsistent with this section provide for non-criminal disposition of violations of any ordinance or by-law or any rule or regulation of any municipal officer, board or department the violation of which is subject to a specific penalty.

Enforcement: The specific penalty set by the order or regulation (here $300 per violation under the workplace and mask orders; $500 under the travel and gathering orders), payable without criminal record

Citation: General Court (codified statute; adopted by cities and towns by ordinance or by-law), G.L. c. 40, s. 21D (standing) (Ex. DUT-MA-018) Open the exhibit

Ex. DUT-MA-019

105 CMR 590.014(A)

Permits: Suspension and Revocation; Summary Suspension of Permit/Emergency Closure without a Prior Hearing

Department of Public Health (State Sanitary Code, Chapter X; enforced by local boards of health), Massachusetts (State)

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

(1) In accordance with M.G.L. 111, s. 30, the board of health or its authorized agent, as determined by the board of health, may, without a prior hearing, suspend a permit to operate a food establishment or to operate one or more particular operations if an imminent health hazard is found to exist.

Enforcement: Summary permit suspension and closure; 105 CMR 590.016: fines up to $100 for a first and $500 for a subsequent offense per violation or failure to comply with an order

Citation: Department of Public Health (State Sanitary Code, Chapter X; enforced by local boards of health), 105 CMR 590.014(A) (standing) (Ex. DUT-MA-019) Open the exhibit

Ex. DUT-MA-020

Desrosiers v. Governor, 486 Mass. 369, SJC-12983 (argued Sept. 11, 2020; decided Dec. 10, 2020)

Decision holding that the Civil Defense Act authorized the Governor's March 10, 2020 declaration and the COVID-19 emergency orders, that the Public Health Act does not displace the Act, and that the orders and their penalties are constitutional

Supreme Judicial Court of Massachusetts (Lenk, Gaziano, Lowy, Budd, Cypher, Kafker, JJ.; opinion by Budd, J.), Massachusetts (Court)

Dates: Standing (2020-12-10)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationBusiness closureGathering capStanding duty
Character: adjudication
Grade: Primary source read

We conclude that the CDA provides authority for the Governor's March 10, 2020, declaration of a state of emergency in response to the COVID-19 pandemic and for the issuance of the subsequent emergency orders; the emergency orders do not violate art. 30 of the Massachusetts Declaration of Rights; and the emergency orders do not violate the plaintiffs' Federal or State constitutional rights

Enforcement: Confirms the s. 8 criminal penalty and the orders' civil fines as lawful exercises of delegated police power

Citation: Supreme Judicial Court of Massachusetts (Lenk, Gaziano, Lowy, Budd, Cypher, Kafker, JJ.; opinion by Budd, J.), Desrosiers v. Governor, 486 Mass. 369, SJC-12983 (argued Sept. 11, 2020; decided Dec. 10, 2020) (standing) (Ex. DUT-MA-020) Open the exhibit

Ex. DUT-MA-021

COVID-19 Order No. 13 (Mar. 23, 2020) (library exhibit MA-008; cross-reference, not re-saved)

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

Governor Charles D. Baker, Massachusetts (State)

Dates: Standing (2020-03-24 12:00 noon)
Quarters: 2020 Q2
Limitations: Business closureGathering capWorkplace rulesOperating condition
Character: order operating condition
Grade: Primary source read

Violation of the terms of this Order or the DPH Guidance may result in a criminal penalty pursuant to Section 8 of Chapter 639 of the Acts of 1950 or a civil fine of up to $300 per violation, in the manner provided for non-criminal disposition of violations of municipal by-law, ordinance, rule, or regulation pursuant to G.L. c. 40, s. 21D

Enforcement: Criminal penalty under St. 1950, c. 639, s. 8, or civil fine up to $300 per violation under G.L. c. 40, s. 21D; injunction in the district court

Citation: Governor Charles D. Baker, COVID-19 Order No. 13 (Mar. 23, 2020) (library exhibit MA-008; cross-reference, not re-saved) (Ex. DUT-MA-021) Open the exhibit

Ex. DUT-MA-022

COVID-19 Order No. 33 (May 18, 2020) (library exhibit MA-017; cross-reference, not re-saved)

Order Implementing a Phased Reopening of Workplaces and Imposing Workplace Safety Measures to Address COVID-19

Governor Charles D. Baker (with DLS and DPH rules under s. 2), Massachusetts (State)

Dates: Standing (2020-05-18 (Phase I categories A-E); 2020-05-25 (categories F-L))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCapacity limitFace-covering requirementWorkplace rulesOperating condition
Character: order operating condition
Grade: Primary source read

permitted to operate from their physical workplaces and facilities... provided they comply with all workplace safety rules and standards issued or maintained pursuant to Section 2... All businesses and other organizations in the Commonwealth that are permitted to operate brick-and-mortar premises must immediately adopt and maintain the following generally applicable COVID-19 workplace safety

Enforcement: Civil fine up to $300 per violation; injunction; DLS, DPH and local boards of health enforce; self-certification required before opening

Citation: Governor Charles D. Baker (with DLS and DPH rules under s. 2), COVID-19 Order No. 33 (May 18, 2020) (library exhibit MA-017; cross-reference, not re-saved) (Ex. DUT-MA-022) Open the exhibit

Ex. DUT-MA-023

COVID-19 Order No. 37 (June 6, 2020) (library exhibit MA-019; cross-reference, not re-saved)

Order Authorizing the Re-Opening of Phase II Enterprises

Governor Charles D. Baker, Massachusetts (State)

Dates: Standing (2020-06-08 (Step 1); Step 2 June 22, 2020 (Order No. 40))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCapacity limitWorkplace rulesOperating condition
Character: order operating condition
Grade: Primary source read

Businesses and other organizations that are designated as Phase III and Phase IV enterprises on the chart attached as Schedule A must keep their brick-and-mortar premises closed to workers, customers, and the public and may not conduct Phase III and IV activities except as remote means permit.

Enforcement: Civil fine up to $300 per violation under G.L. c. 277, s. 70C; injunction (s. 4); incorporated by Order No. 43 (Ex. MA-023)

Citation: Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (library exhibit MA-019; cross-reference, not re-saved) (Ex. DUT-MA-023) Open the exhibit

Ex. DUT-MA-024

COVID-19 Order No. 31 (May 1, 2020) (library exhibit MA-016; cross-reference, not re-saved)

Order Requiring Face Coverings in Public Places Where Social Distancing Is Not Possible

Governor Charles D. Baker, Massachusetts (State)

Dates: Standing (2020-05-06)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Face-covering requirementWorkplace rulesOperating condition
Character: order operating condition
Grade: Primary source read

any person over age two who is in a place open to the public in the Commonwealth, whether indoor or outdoor, and is unable to or does not maintain a distance of approximately six feet from every other person shall cover their mouth and nose with a mask or cloth face covering... This requirement applies to all workers and customers of businesses and other organizations open to the public

Enforcement: Civil fine up to $300 per violation under G.L. c. 40, s. 21D

Citation: Governor Charles D. Baker, COVID-19 Order No. 31 (May 1, 2020) (library exhibit MA-016; cross-reference, not re-saved) (Ex. DUT-MA-024) Open the exhibit

Ex. DUT-MA-025

COVID-19 Order No. 55 (Nov. 2, 2020) (library exhibit MA-035; cross-reference, not re-saved)

Revised Order Requiring Face Coverings in Public Places

Governor Charles D. Baker, Massachusetts (State)

Dates: Standing (2020-11-06 12:01 a.m.)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesOperating condition
Character: order operating condition
Grade: Primary source read

all persons in Massachusetts over the age of 5 years old are required to wear a mask or cloth face covering over their mouth and nose when in a public location, whether indoors and outdoors.... Public locations include any place open to the public including, without limitation, grocery stores, pharmacies, and other retail stores

Enforcement: Civil fine up to $300 per violation (Order No. 48 administration under G.L. c. 40, s. 21D)

Citation: Governor Charles D. Baker, COVID-19 Order No. 55 (Nov. 2, 2020) (library exhibit MA-035; cross-reference, not re-saved) (Ex. DUT-MA-025) Open the exhibit

Ex. DUT-MA-026

COVID-19 Order No. 48 (Aug. 18, 2020) (library exhibit MA-028; cross-reference, not re-saved)

Order Amending the Administration of Penalties Issued Pursuant to Certain COVID-19 Orders

Governor Charles D. Baker, Massachusetts (State)

Dates: Standing (2020-08-18)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Gathering capFace-covering requirementTravel and quarantineWorkplace rulesOther
Character: order penalty
Grade: Primary source read

All fines issued pursuant to the following COVID-19 Orders and their applicable guidance shall be administered in the manner provided for the non-criminal disposition of violations... pursuant to G.L. c. 40, s. 21D... The adoption of this uniform method for processing violations shall not modify the maximum fines, limit any other method of enforcement

Enforcement: As set in the listed orders

Citation: Governor Charles D. Baker, COVID-19 Order No. 48 (Aug. 18, 2020) (library exhibit MA-028; cross-reference, not re-saved) (Ex. DUT-MA-026) Open the exhibit

Ex. DUT-MA-027

COVID-19 Order No. 69 (May 28, 2021) (library exhibit MA-048; cross-reference, not re-saved)

Order Announcing the Termination of the March 10, 2020 State of Emergency and Rescinding COVID-19 Executive Orders

Governor Charles D. Baker, Massachusetts (State)

Dates: Standing (2021-05-29 12:01 a.m. (rescissions); 2021-06-15 12:01 a.m. (termination of the state of emergency))
Quarters: 2021 Q2
Limitations: Emergency declarationOther
Character: order operating condition
Grade: Primary source read

all rules, restrictions, and limitations issued by the Department of Labor Standards, Department of Public Health... including COVID-19 workplace safety rules, shall likewise be rescinded and have no further effect. Public Health Orders... issued by the Commissioner of Public Health acting on her authority pursuant to section 2A of chapter 17 of the General Laws are not withdrawn or rescinded

Enforcement: n/a

Citation: Governor Charles D. Baker, COVID-19 Order No. 69 (May 28, 2021) (library exhibit MA-048; cross-reference, not re-saved) (Ex. DUT-MA-027) Open the exhibit

Ex. DUT-MA-028

Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (May 28, 2021) (library exhibit MA-049; cross-reference, not re-saved)

Declaration that an emergency exists that is detrimental to the public health in the Commonwealth (the 'modified public health emergency')

Governor Charles D. Baker, Massachusetts (State)

Dates: Standing (2021-05-28)
Quarters: 2021 Q22021 Q3
Limitations: Emergency declarationFace-covering requirementHealth care ordersVaccination or testing
Character: executive declaration
Grade: Primary source read

I hereby declare, pursuant to Section 2A of Chapter 17 of the General Laws, that as of the date indicated below, an emergency exists that is detrimental to the public health in the Commonwealth. The Commissioner, with the approval of the Public Health Council, may rely on this declaration... to mandate special measures to protect higher risk populations

Enforcement: Through the orders issued under it (G.L. c. 111 penalties; facility licensure)

Citation: Governor Charles D. Baker, Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (May 28, 2021) (library exhibit MA-049; cross-reference, not re-saved) (Ex. DUT-MA-028) Open the exhibit

Ex. DUT-MA-029

Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021) (library exhibit MA-050; cross-reference, not re-saved)

DPH face-covering order for health care facilities and board-licensed practice locations, congregate care, shelters, houses of correction, public and private transportation, and specified settings

Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor, Massachusetts (State)

Dates: Standing (2021-05-29 12:01 a.m.)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesOperating condition
Character: order operating condition
Grade: Primary source read

Persons over the age of 5 years old are required to wear a mask or face covering that cover their mouth and nose at all times while indoors in the following locations... This Order applies without regard to an individual's COVID-19 vaccination status. 1. Healthcare facilities licensed or operated by the Commonwealth and healthcare practice locations of any provider licensed by a professional

Enforcement: Facility and professional licensure; G.L. c. 111 enforcement

Ex. DUT-MA-030

COVID-19 Public Health Emergency Order No. 2021-1 (June 14, 2021) (library exhibit MA-054; cross-reference, not re-saved)

Reissuance of fourteen public health emergency orders under the May 28, 2021 declaration (EMS continuity; long-term care control; face coverings in certain settings; testing; and others)

Commissioner of Public Health, with the authorization of the Public Health Council (June 9, 2021) and the approval of the Governor, Massachusetts (State)

Dates: Standing (2021-06-15 12:01 a.m.)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character: order operating condition
Grade: Primary source read

all public health emergency orders issued under the authority of the March 10, 2020 declaration will expire at 12:01 am on June 15, 2021 unless previously rescinded. With the authorization of the Public Health Council and the approval of the Governor, the following public health emergency orders are hereby reissued under the authority May 28, 2021 declaration

Enforcement: Facility licensure; G.L. c. 111 enforcement

Citation: Commissioner of Public Health, with the authorization of the Public Health Council (June 9, 2021) and the approval of the Governor, COVID-19 Public Health Emergency Order No. 2021-1 (June 14, 2021) (library exhibit MA-054; cross-reference, not re-saved) (Ex. DUT-MA-030) Open the exhibit

Ex. DUT-MA-031

Chapter 16 of the Acts of 2021, s. 10 (May 28, 2021) (library exhibit AGY-ST-LABOR-WORKPLACE-009; cross-reference, not re-saved); Chapter 55 of the Acts of 2021 (extension; Ex. AGY-ST-LABOR-WORKPLACE-042)

An Act Providing for Massachusetts COVID-19 Emergency Paid Sick Leave

General Court; approved by the Governor (emergency law), Massachusetts (State)

Dates: Standing (2021-06-07 (ten days after enactment))
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testingQuarantine and isolationStanding duty
Character: workplace duty
Grade: Primary source read

Notwithstanding any general or special law to the contrary, as a result of the outbreak of the 2019 novel coronavirus, also known as COVID-19, as of the effective date of this section, an employer shall provide, subject to section 11, COVID-19 Massachusetts emergency paid sick leave to its employees pursuant to paragraph (3) who are absent from and are unable to work pursuant to subsection (b).

Enforcement: Enforcement under the Act (Attorney General) and the retaliation prohibition; reimbursement conditioned on compliance

Citation: General Court; approved by the Governor (emergency law), Chapter 16 of the Acts of 2021, s. 10 (May 28, 2021) (library exhibit AGY-ST-LABOR-WORKPLACE-009; cross-reference, not re-saved); Chapter 55 of the Acts of 2021 (extension; Ex. AGY-ST-LABOR-WORKPLACE-042) (Ex. DUT-MA-031) Open the exhibit

Ex. DUT-MA-032

DPH Stay-at-Home Advisory (Mar. 23, 2020); Safer at Home Advisory (May 18, 2020); Stay at Home Advisory 10 p.m. to 5 a.m. (Nov. 2, 2020) (library exhibit MA-009; cross-reference; verified_secondary; no file)

Department of Public Health stay-at-home and safer-at-home advisories

Department of Public Health (Commissioner Monica Bharel), Massachusetts (State)

Dates: Standing (2020-03-24)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Stay-at-homeOther
Character: recommendation only
Grade: Confirmed from a secondary source

Enforcement: None of its own

Ex. DUT-MA-033

Mandatory Safety Standards for Workplaces (Reopening Massachusetts, May 18, 2020), with the sector-specific workplace safety standards, protocol summaries and checklists issued under Order No. 33 s. 2 (May 2020 to May 2021)

Mandatory Safety Standards for Workplaces: social distancing, hygiene protocols, staffing and operations, cleaning and disinfecting

Department of Labor Standards and Department of Public Health (with the Executive Office of Housing and Economic Development), under COVID-19 Order No. 33, s. 2, Massachusetts (State)

Dates: Standing (2020-05-18)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitFace-covering requirementWorkplace rulesOperating condition
Character: covid workplace rule
Grade: Confirmed from a secondary source

Enforcement: Civil fine up to $300 per violation; injunction; enforcement by DLS, DPH, local boards of health and the Attorney General's Fair Labor Division

Citation: Department of Labor Standards and Department of Public Health (with the Executive Office of Housing and Economic Development), under COVID-19 Order No. 33, s. 2, Mandatory Safety Standards for Workplaces (Reopening Massachusetts, May 18, 2020), with the sector-specific workplace safety standards, protocol summaries and checklists issued under Order No. 33 s. 2 (May 2020 to May 2021) (Ex. DUT-MA-033)

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 Massachusetts with the instruments this report found for the quarters selected and no others: the order; the function of the business it reached; the change it compelled, in its own words; the days of the quarter on which it was in force; and the statute's answer. Where the Library holds only federal-layer and standing-duty instruments for a quarter, the section says so and applies the test to those instruments.

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

Step one, the orders. In the second quarter of 2020 the Library holds 270 instruments in force for this selection: 30 instruments from the State of Massachusetts (Governor Charles D. Baker, COVID-19 Order No. 13 (Mar. 23, 2020) (Ex. MA-008); Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017); Governor Charles D. Baker, COVID-19 Order No. 5 (Mar. 15, 2020) (Ex. MA-005); and 27 more), 10 instruments from the agencies, boards and authorities of Massachusetts (Massachusetts Gaming Commission (Chair Cathy Judd-Stein), Commission vote and release: MGC Temporarily Suspends Operations at Encore, MGM Springfield and Plainridge Park (Mar. 14, 2020) (Ex. AGY-ST-GAMING-RACING-029); Supreme Judicial Court of Massachusetts, Supreme Judicial Court Order in re: COVID-19 (coronavirus) pandemic (March 17, 2020) (OE-144) (Mar. 17, 2020) (Ex. AGY-ST-COURTS-077); Massachusetts Convention Center Authority (republishing a WCVB report of the Governor's announcement), News item republished by the Authority, ''Boston Hope' signals the newest field hospital set up in the city' (Apr. 9, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043); and 7 more), 179 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190); and 176 more) and 51 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 49 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF workforce (Ex. MA-006); CB (Ex. AGY-ST-UTILITIES-HOUSING-AG-038); TR (Ex. AGY-AVIATION-SURFACE-055); CT courts and agencies (Ex. AGY-ST-COURTS-077); DR/BA dining rooms and bars closed (Ex. MA-008); EC child care (Ex. MA-013); IN in-person instruction (Ex. MA-004); WF (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043); all non-essential premises (Ex. MA-012); BA outdoor alcohol service approvals (Ex. MA-018).

Step three, the change compelled. Governor Charles D. Baker, COVID-19 Order No. 13 (Mar. 23, 2020) (Ex. MA-008) ordered: "All businesses and other organizations that do not provide COVID-19 Essential Services shall close their physical workplaces and facilities ("brick-and-mortar premises") to workers, customers, and the public as of 12:00 noon on March 24, 2020 and shall not re-open to workers, customers, or the…" Enforcement: DPH and any board of health or authorized agent under G.L. c. 111, s. 30, with State or municipal police; 'Violation of the terms of this Order or the DPH… Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017) ordered: "Beginning on the dates specified below, businesses and other organizations that are included within the Phase I categories below are permitted to operate from their physical workplaces and facilities... provided they comply with all workplace safety rules and standards issued or maintained pursuant…" Enforcement: DLS and DPH directives, regulations and guidance; municipal boards of health concurrent authority; civil fine up to $300 per violation; injunction… Governor Charles D. Baker, COVID-19 Order No. 5 (Mar. 15, 2020) (Ex. MA-005) ordered: "Gatherings of over 25 people are prohibited throughout the Commonwealth.... Any restaurant, bar, or establishment that offers food or drink shall not permit on-premises consumption of food or drink; provided that such establishments may continue to offer food for take-out and by delivery provided…" Enforcement: DPH and boards of health with State or municipal police; penalties under St. 1950, c. 639, s. 8 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Mar. 13, 2020 to June 30, 2020, 110 days. COVID-19 Order No. 13 (Ex. MA-008) was in force from Mar. 24, 2020 to Apr. 7, 2020, 15 of the quarter's 110 days; COVID-19 Order No. 33 (Ex. MA-017) was in force from May 18, 2020 to May 29, 2021, 44 of the quarter's 110 days; COVID-19 Order No. 5 (Ex. MA-005) was in force from Mar. 17, 2020 to Mar. 24, 2020, 8 of the quarter's 110 days. Of the 40 instruments in the quarter's record, 5 were in force on its first day, 22 on its last day and 3 on every day of the quarter.

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

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

Step one, the orders. In the third quarter of 2020 the Library holds 255 instruments in force for this selection: 25 instruments from the State of Massachusetts (Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017); Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (Ex. MA-019); Governor Charles D. Baker, COVID-19 Order No. 38 (June 6, 2020) (Ex. MA-020); and 22 more), 12 instruments from the agencies, boards and authorities of Massachusetts (Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030); Secretary of the Executive Office of Energy and Environmental Affairs (Kathleen A. Theoharides), Workplace Safety and Reopening Standards for Businesses and Other Entities Providing Youth and Adult Amateur Sports Activities - Phase III, Step 1 (July 6, 2020; amended Aug. 13, Oct. 2 and Oct. 4, 2020 and Feb. 8, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-036); Massachusetts Gaming Commission, Commission votes of July 2, 2020 (release of July 3, 2020): MGC Votes to Vacate Previous Orders Which Temporarily Suspended Casino and Racing Operations (Ex. AGY-ST-GAMING-RACING-032); and 9 more), 163 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); and 160 more) and 55 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 53 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: CB (Ex. AGY-ST-UTILITIES-HOUSING-AG-038); WF workforce (Ex. MA-006); CB families (Ex. AGY-ST-EDUCATION-HIGHER-ED-007); AC school and club athletics (Ex. AGY-ST-EDUCATION-HIGHER-ED-036); AM arcades reopened Sept. 17, 2020 (Ex. MA-030); AM arcades, laser tag, roller skating closed (Ex. MA-023); AM simulcast facilities at 50 percent (Ex. AGY-ST-GAMING-RACING-031); AM valet, coat check closed; amenities under Governor's caps (Ex. AGY-ST-GAMING-RACING-030); BA (Ex. AGY-ST-ALCOHOL-091); BA bars and nightclubs closed (Ex. MA-023).

Step three, the change compelled. Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017) ordered: "Beginning on the dates specified below, businesses and other organizations that are included within the Phase I categories below are permitted to operate from their physical workplaces and facilities... provided they comply with all workplace safety rules and standards issued or maintained pursuant…" Enforcement: DLS and DPH directives, regulations and guidance; municipal boards of health concurrent authority; civil fine up to $300 per violation; injunction… Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030) ordered: "10. Social Distancing - Table Games (MGM Springfield and Encore Boston Harbor) a. For Blackjack-style tables, install plexiglass dividers not less than 5'10" tall separating dealer from player positions and between player positions. b. No more than 3 player positions at each Blackjack-style table…" Enforcement: Each licensee's Plan subject to Commission and IEB approval; noncompliance subject to c. 23K, § 35 penalties and license conditions Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (Ex. MA-019) ordered: "Businesses and other organizations that are designated as Phase III and Phase IV enterprises on the chart attached as Schedule A must keep their brick-and-mortar premises closed to workers, customers, and the public and may not conduct Phase III and IV activities except as remote means permit....…" Enforcement: Self-certification before opening (s. 3); DLS/DPH/EEA rules; municipal boards of health concurrent authority; civil fine up to $300 per violation under G.L. c.… The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2020 to Sept. 30, 2020, 92 days. COVID-19 Order No. 33 (Ex. MA-017) was in force from May 18, 2020 to May 29, 2021, 92 of the quarter's 92 days; Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order… (Ex. AGY-ST-GAMING-RACING-030) was in force from July 6, 2020 to May 29, 2021, 87 of the quarter's 92 days; COVID-19 Order No. 37 (Ex. MA-019) was in force from June 8, 2020 to May 29, 2021, 92 of the quarter's 92 days. Of the 37 instruments in the quarter's record, 21 were in force on its first day, 33 on its last day and 19 on every day of the quarter.

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

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

Step one, the orders. In the fourth quarter of 2020 the Library holds 269 instruments in force for this selection: 34 instruments from the State of Massachusetts (Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017); Governor Charles D. Baker, COVID-19 Order No. 59 (Dec. 22, 2020) (Ex. MA-040); Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (Ex. MA-019); and 31 more), 15 instruments from the agencies, boards and authorities of Massachusetts (Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030); Secretary of the Executive Office of Energy and Environmental Affairs (Kathleen A. Theoharides), Workplace Safety and Reopening Standards for Businesses and Other Entities Providing Youth and Adult Amateur Sports Activities - Phase III, Step 1 (July 6, 2020; amended Aug. 13, Oct. 2 and Oct. 4, 2020 and Feb. 8, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-036); Massachusetts Gaming Commission, Commission votes of July 2, 2020 (release of July 3, 2020): MGC Votes to Vacate Previous Orders Which Temporarily Suspended Casino and Racing Operations (Ex. AGY-ST-GAMING-RACING-032); and 12 more), 160 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); and 157 more) and 60 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 58 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: CB (Ex. AGY-ST-UTILITIES-HOUSING-AG-038); WF workforce (Ex. MA-009); CB families (Ex. AGY-ST-EDUCATION-HIGHER-ED-007); SF sales floors (Ex. MA-016); AC school and club athletics (Ex. AGY-ST-EDUCATION-HIGHER-ED-036); AM arcades reopened Sept. 17, 2020 (Ex. MA-030); AM arcades, laser tag, roller skating closed (Ex. MA-023); AM indoor recreation with greater contact (Ex. MA-031); AM indoor recreation with greater contact closed (Ex. MA-039); AM simulcast facilities at 50 percent (Ex. AGY-ST-GAMING-RACING-031).

Step three, the change compelled. Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017) ordered: "Beginning on the dates specified below, businesses and other organizations that are included within the Phase I categories below are permitted to operate from their physical workplaces and facilities... provided they comply with all workplace safety rules and standards issued or maintained pursuant…" Enforcement: DLS and DPH directives, regulations and guidance; municipal boards of health concurrent authority; civil fine up to $300 per violation; injunction… Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030) ordered: "10. Social Distancing - Table Games (MGM Springfield and Encore Boston Harbor) a. For Blackjack-style tables, install plexiglass dividers not less than 5'10" tall separating dealer from player positions and between player positions. b. No more than 3 player positions at each Blackjack-style table…" Enforcement: Each licensee's Plan subject to Commission and IEB approval; noncompliance subject to c. 23K, § 35 penalties and license conditions Governor Charles D. Baker, COVID-19 Order No. 59 (Dec. 22, 2020) (Ex. MA-040) ordered: "Effective at 12:01 am on December 26, 2020... the State-wide capacity limitations for gatherings and events set in COVID-19 Order No. 57 and any capacity limitations set in Sector-Specific COVID-19 workplace safety rules... are hereby superseded and revised as specified for the sectors listed on the…" Enforcement: Enforceable under Order No. 57 (gatherings) and Order No. 58 s. 2 (enterprises); 'Each person over the specified capacity limitation and each individual… The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Oct. 1, 2020 to Dec. 31, 2020, 92 days. COVID-19 Order No. 33 (Ex. MA-017) was in force from May 18, 2020 to May 29, 2021, 92 of the quarter's 92 days; Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order… (Ex. AGY-ST-GAMING-RACING-030) was in force from July 6, 2020 to May 29, 2021, 92 of the quarter's 92 days; COVID-19 Order No. 59 (Ex. MA-040) was in force from Dec. 26, 2020 to Jan. 10, 2021, 6 of the quarter's 92 days. Of the 49 instruments in the quarter's record, 32 were in force on its first day, 40 on its last day and 29 on every day of the quarter.

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

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

Step one, the orders. In the first quarter of 2021 the Library holds 279 instruments in force for this selection: 32 instruments from the State of Massachusetts (Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017); Governor Charles D. Baker, COVID-19 Order No. 59 (Dec. 22, 2020) (Ex. MA-040); Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (Ex. MA-019); and 29 more), 18 instruments from the agencies, boards and authorities of Massachusetts (Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030); Secretary of the Executive Office of Energy and Environmental Affairs (Kathleen A. Theoharides), Workplace Safety and Reopening Standards for Businesses and Other Entities Providing Youth and Adult Amateur Sports Activities - Phase III, Step 1 (July 6, 2020; amended Aug. 13, Oct. 2 and Oct. 4, 2020 and Feb. 8, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-036); Massachusetts Gaming Commission, Commission votes of July 2, 2020 (release of July 3, 2020): MGC Votes to Vacate Previous Orders Which Temporarily Suspended Casino and Racing Operations (Ex. AGY-ST-GAMING-RACING-032); and 15 more), 175 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); and 172 more) and 54 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 52 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: CB (Ex. AGY-ST-UTILITIES-HOUSING-AG-038); CB families (Ex. AGY-ST-EDUCATION-HIGHER-ED-007); WF workforce (Ex. MA-009); TR (Ex. AGY-AVIATION-SURFACE-057); WF parents' workforce (Ex. AGY-ST-EDUCATION-HIGHER-ED-007); WS worship under sector rules (Ex. MA-043); AC school and club athletics (Ex. AGY-ST-EDUCATION-HIGHER-ED-036); AM amusement parks closed until May 10 (Ex. MA-045); AM arcades reopened Sept. 17, 2020 (Ex. MA-030); AM arcades, laser tag, roller skating closed (Ex. MA-023).

Step three, the change compelled. Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017) ordered: "Beginning on the dates specified below, businesses and other organizations that are included within the Phase I categories below are permitted to operate from their physical workplaces and facilities... provided they comply with all workplace safety rules and standards issued or maintained pursuant…" Enforcement: DLS and DPH directives, regulations and guidance; municipal boards of health concurrent authority; civil fine up to $300 per violation; injunction… Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030) ordered: "10. Social Distancing - Table Games (MGM Springfield and Encore Boston Harbor) a. For Blackjack-style tables, install plexiglass dividers not less than 5'10" tall separating dealer from player positions and between player positions. b. No more than 3 player positions at each Blackjack-style table…" Enforcement: Each licensee's Plan subject to Commission and IEB approval; noncompliance subject to c. 23K, § 35 penalties and license conditions Governor Charles D. Baker, COVID-19 Order No. 59 (Dec. 22, 2020) (Ex. MA-040) ordered: "Effective at 12:01 am on December 26, 2020... the State-wide capacity limitations for gatherings and events set in COVID-19 Order No. 57 and any capacity limitations set in Sector-Specific COVID-19 workplace safety rules... are hereby superseded and revised as specified for the sectors listed on the…" Enforcement: Enforceable under Order No. 57 (gatherings) and Order No. 58 s. 2 (enterprises); 'Each person over the specified capacity limitation and each individual… The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. COVID-19 Order No. 33 (Ex. MA-017) was in force from May 18, 2020 to May 29, 2021, 90 of the quarter's 90 days; Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order… (Ex. AGY-ST-GAMING-RACING-030) was in force from July 6, 2020 to May 29, 2021, 90 of the quarter's 90 days; COVID-19 Order No. 59 (Ex. MA-040) was in force from Dec. 26, 2020 to Jan. 10, 2021, 10 of the quarter's 90 days. Of the 50 instruments in the quarter's record, 39 were in force on its first day, 37 on its last day and 30 on every day of the quarter.

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

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

Step one, the orders. In the second quarter of 2021 the Library holds 280 instruments in force for this selection: 30 instruments from the State of Massachusetts (Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017); Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (Ex. MA-019); Governor Charles D. Baker, COVID-19 Order No. 40 (June 19, 2020) (Ex. MA-021); and 27 more), 22 instruments from the agencies, boards and authorities of Massachusetts (Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030); Secretary of the Executive Office of Energy and Environmental Affairs (Kathleen A. Theoharides), Workplace Safety and Reopening Standards for Businesses and Other Entities Providing Youth and Adult Amateur Sports Activities - Phase III, Step 1 (July 6, 2020; amended Aug. 13, Oct. 2 and Oct. 4, 2020 and Feb. 8, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-036); Massachusetts Gaming Commission, Commission votes of July 2, 2020 (release of July 3, 2020): MGC Votes to Vacate Previous Orders Which Temporarily Suspended Casino and Racing Operations (Ex. AGY-ST-GAMING-RACING-032); and 19 more), 165 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334); and 162 more) and 63 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 61 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: CB (Ex. AGY-ST-UTILITIES-HOUSING-AG-038); CB families (Ex. AGY-ST-EDUCATION-HIGHER-ED-007); TR (Ex. AGY-AVIATION-SURFACE-057); WF parents' workforce (Ex. AGY-ST-EDUCATION-HIGHER-ED-007); EMP health and safety requirements (Ex. AGY-ST-EDUCATION-HIGHER-ED-066); WF workforce (Ex. MA-022); AC school and club athletics (Ex. AGY-ST-EDUCATION-HIGHER-ED-036); AM amusement parks at 50 percent from May 10, 2021 (Ex. MA-047); AM amusement parks closed until May 10 (Ex. MA-045); AM arcades reopened Sept. 17, 2020 (Ex. MA-030).

Step four, the quarter. The quarter's record runs from Apr. 1, 2021 to June 30, 2021, 91 days. COVID-19 Order No. 33 (Ex. MA-017) was in force from May 18, 2020 to May 29, 2021, 59 of the quarter's 91 days; Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order… (Ex. AGY-ST-GAMING-RACING-030) was in force from July 6, 2020 to May 29, 2021, 59 of the quarter's 91 days; COVID-19 Order No. 37 (Ex. MA-019) was in force from June 8, 2020 to May 29, 2021, 59 of the quarter's 91 days. Of the 52 instruments in the quarter's record, 35 were in force on its first day, 21 on its last day and 10 on every day of the quarter; 1 carries no parsed date and is placed in the quarter by the record itself.

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

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

Step one, the orders. In the third quarter of 2021 the Library holds 252 instruments in force for this selection: 14 instruments from the State of Massachusetts (Governor Charles D. Baker, COVID-19 Order No. 1 (Mar. 12, 2020) (Ex. MA-002); General Court (Legislature); approved by the Governor, Chapter 53 of the Acts of 2020 (Apr. 3, 2020) (Ex. MA-051); Supreme Judicial Court and Executive Office of the Trial Court (index page of the Massachusetts Court System), Court System Response to COVID-19 (guide) listing the SJC and Trial Court orders (July 1, 2020) (Ex. MA-072); and 11 more), 22 instruments from the agencies, boards and authorities of Massachusetts (Supreme Judicial Court of Massachusetts, Supreme Judicial Court Sixth Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic (Ex. AGY-ST-COURTS-079); Massachusetts Alcoholic Beverages Control Commission, ABCC Advisory Regarding Extension of Allowance of Outdoor Table Service (Sept. 11, 2020) (Ex. AGY-ST-ALCOHOL-091); Supreme Judicial Court of Massachusetts, Supreme Judicial Court Seventh Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic (entered July 1, 2021, effective July 12, 2021; amended Dec. 31, 2021 and Jan. 24, 2022) (Ex. AGY-ST-COURTS-080); and 19 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 49 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 47 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CB (Ex. AGY-ST-UTILITIES-HOUSING-AG-038); CB families (Ex. AGY-ST-EDUCATION-HIGHER-ED-007); WF workforce (Ex. MA-067); WF (Ex. AGY-AVIATION-SURFACE-070); WF parents' workforce (Ex. AGY-ST-EDUCATION-HIGHER-ED-007); CT courts and agencies (Ex. AGY-ST-COURTS-079); EMP health and safety requirements (Ex. AGY-ST-EDUCATION-HIGHER-ED-066); HR credentialing (Ex. AGY-ST-HEALTH-SUBORDERS-122); HR staffing (Ex. AGY-ST-EDUCATION-HIGHER-ED-068); IN admissions (Ex. MA-064).

Step three, the change compelled. Governor Charles D. Baker, COVID-19 Order No. 1 (Mar. 12, 2020) (Ex. MA-002) ordered: "A public body, as defined in section 18 of chapter 30A of the General Laws, is hereby relieved from the requirement of section 20 of chapter 30A that it conduct its meetings in a public place that is open and physically accessible to the public, provided that the public body makes provision to…" Enforcement: Open Meeting Law enforcement by the Attorney General otherwise unchanged (s. 4) Massachusetts Alcoholic Beverages Control Commission, ABCC Advisory Regarding Extension of Allowance of Outdoor Table Service (Sept. 11, 2020) (Ex. AGY-ST-ALCOHOL-091) ordered: "local licensing authorities ("LLA") may approve requests for expansion of outdoor table service or extensions of earlier granted approvals issued pursuant to Section 4 of COVID-19 Order No. 35, from November 1, 2020, for any period up to and until sixty (60) days after the end of the state of…" Enforcement: Local licensing authorities; ABCC notice Supreme Judicial Court of Massachusetts, Supreme Judicial Court Seventh Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic (entered July 1, 2021, effective July 12, 2021; amended Dec. 31, 2021 and Jan. 24, 2022) (Ex. AGY-ST-COURTS-080) ordered: "In view of the guidance for vaccinated and unvaccinated persons recently issued by the Centers for Disease Control and Prevention (CDC) and the Department of Public Health (DPH), the Governor's lifting of the State of Emergency... the Supreme Judicial Court (SJC), pursuant to its superintendence and…" Enforcement: Mass. Gen. Laws ch. 211, § 3 (superintendence); order binding on all state courts 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. COVID-19 Order No. 1 (Ex. MA-002) was in force from Mar. 12, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; ABCC Advisory Regarding Extension of Allowance of Outdoor Table Service (Ex. AGY-ST-ALCOHOL-091) was in force from Sept. 10, 2020 to Aug. 15, 2021, 46 of the quarter's 92 days; Supreme Judicial Court Seventh Updated Order Regarding Court Operations Under the Exigent… (Ex. AGY-ST-COURTS-080) was in force from July 12, 2021 to Jan. 1, 2024, 81 of the quarter's 92 days. Of the 36 instruments in the quarter's record, 17 were in force on its first day, 29 on its last day and 14 on every day of the quarter; 1 carries no parsed date and is placed in the quarter by the record itself.

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: 443 records, of which The COVID Project holds the document for 418. 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-AVIATION-SURFACE-055	MBTA service revisions of Mar. 23-25, 2020: Commuter Rail Reduced Service Schedule modified; all non-essential travel discouraged	Massachusetts Bay Transportation Authority (General Manager Steve Poftak)	Mar. 23, 2020	Massachusetts Bay Transportation Authority (General Manager Steve Poftak), MBTA service revisions of Mar. 23-25, 2020: Commuter Rail Reduced Service Schedule modified; all non-essential travel discouraged (Mar. 23, 2020) (Ex. AGY-AVIATION-SURFACE-055)	/library/AGY-AVIATION-SURFACE-055	/exhibit/AGY-AVIATION-SURFACE-055
Ex. AGY-AVIATION-SURFACE-056	MBTA service revision effective Monday, Apr. 6, 2020 (Saturday-level bus schedules; modified subway and Commuter Rail service)	Massachusetts Bay Transportation Authority	Apr. 2, 2020	Massachusetts Bay Transportation Authority, MBTA service revision effective Monday, Apr. 6, 2020 (Saturday-level bus schedules; modified subway and Commuter Rail service) (Apr. 2, 2020) (Ex. AGY-AVIATION-SURFACE-056)	/library/AGY-AVIATION-SURFACE-056	/exhibit/AGY-AVIATION-SURFACE-056
Ex. AGY-AVIATION-SURFACE-057	MBTA face-covering requirement effective May 6, 2020 (Executive Order for face coverings takes effect)	Massachusetts Bay Transportation Authority	May 5, 2020	Massachusetts Bay Transportation Authority, MBTA face-covering requirement effective May 6, 2020 (Executive Order for face coverings takes effect) (May 5, 2020) (Ex. AGY-AVIATION-SURFACE-057)	/library/AGY-AVIATION-SURFACE-057	/exhibit/AGY-AVIATION-SURFACE-057
Ex. AGY-AVIATION-SURFACE-069	MBTA 'Forging Ahead' Commuter Rail service reductions approved Dec. 14, 2020, effective Jan. 23, 2021 (weekend service eliminated on most lines; reduced weekday…	MBTA Fiscal and Management Control Board (approval Dec. 14, 2020); MBTA	Jan. 7, 2021	MBTA Fiscal and Management Control Board (approval Dec. 14, 2020); MBTA, MBTA 'Forging Ahead' Commuter Rail service reductions approved Dec. 14, 2020, effective Jan. 23, 2021 (weekend service eliminated on most lines; reduced weekday schedules) (Jan. 7, 2021) (Ex. AGY-AVIATION-SURFACE-069)	/library/AGY-AVIATION-SURFACE-069	/exhibit/AGY-AVIATION-SURFACE-069
Ex. AGY-AVIATION-SURFACE-070	MBTA Spring 2021 Commuter Rail schedules (direction set Feb. 22, 2021; schedules effective Apr. 5, 2021)	Massachusetts Bay Transportation Authority	Feb. 22, 2021	Massachusetts Bay Transportation Authority, MBTA Spring 2021 Commuter Rail schedules (direction set Feb. 22, 2021; schedules effective Apr. 5, 2021) (Ex. AGY-AVIATION-SURFACE-070)	/library/AGY-AVIATION-SURFACE-070	/exhibit/AGY-AVIATION-SURFACE-070
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043	News item republished by the Authority, ''Boston Hope' signals the newest field hospital set up in the city' (Apr. 9, 2020)	Massachusetts Convention Center Authority (republishing a WCVB report of the Governor's announcement)	Apr. 9, 2020	Massachusetts Convention Center Authority (republishing a WCVB report of the Governor's announcement), News item republished by the Authority, ''Boston Hope' signals the newest field hospital set up in the city' (Apr. 9, 2020) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-043)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-043
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-044	News item republished by the Authority, 'Fan Expo marks first Boston public convention since COVID-19 pandemic' (Sept. 3, 2021)	Massachusetts Convention Center Authority (republishing a WCVB report)	Sept. 3, 2021	Massachusetts Convention Center Authority (republishing a WCVB report), News item republished by the Authority, 'Fan Expo marks first Boston public convention since COVID-19 pandemic' (Sept. 3, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-044)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-044	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-044
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-059	News item republished by the Authority, 'Boston convention centers set to reopen for events at full capacity' (May 19, 2021)	Massachusetts Convention Center Authority (republishing a Boston Herald report)	May 19, 2021	Massachusetts Convention Center Authority (republishing a Boston Herald report), News item republished by the Authority, 'Boston convention centers set to reopen for events at full capacity' (May 19, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-059)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-059	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-059
Ex. AGY-ST-ALCOHOL-091	ABCC Advisory Regarding Extension of Allowance of Outdoor Table Service	Massachusetts Alcoholic Beverages Control Commission	Sept. 11, 2020	Massachusetts Alcoholic Beverages Control Commission, ABCC Advisory Regarding Extension of Allowance of Outdoor Table Service (Sept. 11, 2020) (Ex. AGY-ST-ALCOHOL-091)	/library/AGY-ST-ALCOHOL-091	/exhibit/AGY-ST-ALCOHOL-091
Ex. AGY-ST-COURTS-076	Supreme Judicial Court Order in re COVID-19 (coronavirus) pandemic regarding access to state courthouses and court facilities (OE-144)	Supreme Judicial Court of Massachusetts	Mar. 13, 2020	Supreme Judicial Court of Massachusetts, Supreme Judicial Court Order in re COVID-19 (coronavirus) pandemic regarding access to state courthouses and court facilities (OE-144) (Mar. 13, 2020) (Ex. AGY-ST-COURTS-076)	/library/AGY-ST-COURTS-076	/exhibit/AGY-ST-COURTS-076
Ex. AGY-ST-COURTS-077	Supreme Judicial Court Order in re: COVID-19 (coronavirus) pandemic (March 17, 2020) (OE-144)	Supreme Judicial Court of Massachusetts	Mar. 17, 2020	Supreme Judicial Court of Massachusetts, Supreme Judicial Court Order in re: COVID-19 (coronavirus) pandemic (March 17, 2020) (OE-144) (Mar. 17, 2020) (Ex. AGY-ST-COURTS-077)	/library/AGY-ST-COURTS-077
Ex. AGY-ST-COURTS-079	Supreme Judicial Court Sixth Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic	Supreme Judicial Court of Massachusetts		Supreme Judicial Court of Massachusetts, Supreme Judicial Court Sixth Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic (Ex. AGY-ST-COURTS-079)	/library/AGY-ST-COURTS-079
Ex. AGY-ST-COURTS-080	Supreme Judicial Court Seventh Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic (entered…	Supreme Judicial Court of Massachusetts	July 1, 2021	Supreme Judicial Court of Massachusetts, Supreme Judicial Court Seventh Updated Order Regarding Court Operations Under the Exigent Circumstances Created by the COVID-19 (Coronavirus) Pandemic (entered July 1, 2021, effective July 12, 2021; amended Dec. 31, 2021 and Jan. 24, 2022) (Ex. AGY-ST-COURTS-080)	/library/AGY-ST-COURTS-080	/exhibit/AGY-ST-COURTS-080
Ex. AGY-ST-DMV-SOS-RECORDERS-039	Chapter 71 of the Acts of 2020	Massachusetts General Court; approved by Governor Charles D. Baker	Apr. 23, 2020	Massachusetts General Court; approved by Governor Charles D. Baker, Chapter 71 of the Acts of 2020 (Apr. 23, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-039)	/library/AGY-ST-DMV-SOS-RECORDERS-039	/exhibit/AGY-ST-DMV-SOS-RECORDERS-039
Ex. AGY-ST-DMV-SOS-RECORDERS-040	Chapter 20 of the Acts of 2021	Massachusetts General Court; approved by Governor Charles D. Baker	June 16, 2021	Massachusetts General Court; approved by Governor Charles D. Baker, Chapter 20 of the Acts of 2021 (June 16, 2021) (Ex. AGY-ST-DMV-SOS-RECORDERS-040)	/library/AGY-ST-DMV-SOS-RECORDERS-040	/exhibit/AGY-ST-DMV-SOS-RECORDERS-040
Ex. AGY-ST-EDUCATION-HIGHER-ED-007	603 CMR 27.00, Student Learning Time, including 27.08 (Health and Safety Standards during a State of Emergency or Other Exigent Circumstances), as amended…	Massachusetts Board of Elementary and Secondary Education (regulation); Commissioner Jeffrey C. Riley (requirements issued under 27.08)	Feb. 23, 2021	Massachusetts Board of Elementary and Secondary Education (regulation); Commissioner Jeffrey C. Riley (requirements issued under 27.08), 603 CMR 27.00, Student Learning Time, including 27.08 (Health and Safety Standards during a State of Emergency or Other Exigent Circumstances), as amended through February 23, 2021 (Wayback capture of February 26, 2021) (Feb. 23, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-007)	/library/AGY-ST-EDUCATION-HIGHER-ED-007	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-007
Ex. AGY-ST-EDUCATION-HIGHER-ED-036	Workplace Safety and Reopening Standards for Businesses and Other Entities Providing Youth and Adult Amateur Sports Activities - Phase III, Step 1 (July 6…	Secretary of the Executive Office of Energy and Environmental Affairs (Kathleen A. Theoharides)	July 6, 2020	Secretary of the Executive Office of Energy and Environmental Affairs (Kathleen A. Theoharides), Workplace Safety and Reopening Standards for Businesses and Other Entities Providing Youth and Adult Amateur Sports Activities - Phase III, Step 1 (July 6, 2020; amended Aug. 13, Oct. 2 and Oct. 4, 2020 and Feb. 8, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-036)	/library/AGY-ST-EDUCATION-HIGHER-ED-036	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-036
Ex. AGY-ST-EDUCATION-HIGHER-ED-047	Memorandum on proposed amendments to 603 CMR 27.08 (Board meeting of March 5, 2021, item 1b, with strikethrough text)	Commissioner Jeffrey C. Riley (memorandum to the Board)	Mar. 5, 2021	Commissioner Jeffrey C. Riley (memorandum to the Board), Memorandum on proposed amendments to 603 CMR 27.08 (Board meeting of March 5, 2021, item 1b, with strikethrough text) (Mar. 5, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-047)	/library/AGY-ST-EDUCATION-HIGHER-ED-047
Ex. AGY-ST-EDUCATION-HIGHER-ED-048	Minutes of the Board's special meeting of August 24, 2021 (vote authorizing the Commissioner to require face coverings in public schools)	Massachusetts Board of Elementary and Secondary Education (special meeting of August 24, 2021)	Aug. 24, 2021	Massachusetts Board of Elementary and Secondary Education (special meeting of August 24, 2021), Minutes of the Board's special meeting of August 24, 2021 (vote authorizing the Commissioner to require face coverings in public schools) (Aug. 24, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-048)	/library/AGY-ST-EDUCATION-HIGHER-ED-048
Ex. AGY-ST-EDUCATION-HIGHER-ED-066	Memorandum on the adoption of 603 CMR 27.08 (Board meeting of September 29, 2020, item 4, with tracked text and public comment)	Commissioner Jeffrey C. Riley (memorandum to the Board); Board vote of September 29, 2020	Sept. 29, 2020	Commissioner Jeffrey C. Riley (memorandum to the Board); Board vote of September 29, 2020, Memorandum on the adoption of 603 CMR 27.08 (Board meeting of September 29, 2020, item 4, with tracked text and public comment) (Sept. 29, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-066)	/library/AGY-ST-EDUCATION-HIGHER-ED-066
Ex. AGY-ST-EDUCATION-HIGHER-ED-068	603 CMR 27.00, Student Learning Time, as most recently amended May 25, 2021 (current official text, including 27.08 as amended March 5 and May 25, 2021)	Massachusetts Board of Elementary and Secondary Education	May 25, 2021	Massachusetts Board of Elementary and Secondary Education, 603 CMR 27.00, Student Learning Time, as most recently amended May 25, 2021 (current official text, including 27.08 as amended March 5 and May 25, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-068)	/library/AGY-ST-EDUCATION-HIGHER-ED-068	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-068
Ex. AGY-ST-GAMING-RACING-029	Commission vote and release: MGC Temporarily Suspends Operations at Encore, MGM Springfield and Plainridge Park	Massachusetts Gaming Commission (Chair Cathy Judd-Stein)	Mar. 14, 2020	Massachusetts Gaming Commission (Chair Cathy Judd-Stein), Commission vote and release: MGC Temporarily Suspends Operations at Encore, MGM Springfield and Plainridge Park (Mar. 14, 2020) (Ex. AGY-ST-GAMING-RACING-029)	/library/AGY-ST-GAMING-RACING-029	/exhibit/AGY-ST-GAMING-RACING-029
Ex. AGY-ST-GAMING-RACING-030	Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020)	Massachusetts Gaming Commission	June 23, 2020	Massachusetts Gaming Commission, Minimum Requirements for the Initial Phase 3 Opening of Gaming Establishments (order approved June 23, 2020) (Ex. AGY-ST-GAMING-RACING-030)	/library/AGY-ST-GAMING-RACING-030	/exhibit/AGY-ST-GAMING-RACING-030
Ex. AGY-ST-GAMING-RACING-031	Protocols for Conduct of Live Racing Under COVID-19 and Reopening Minimum Standards for Horse Racing and Simulcasting Operations	Massachusetts Gaming Commission with Plainridge Park Casino and the Harness Horsemen's Association of New England	July 2, 2020	Massachusetts Gaming Commission with Plainridge Park Casino and the Harness Horsemen's Association of New England, Protocols for Conduct of Live Racing Under COVID-19 and Reopening Minimum Standards for Horse Racing and Simulcasting Operations (July 2, 2020) (Ex. AGY-ST-GAMING-RACING-031)	/library/AGY-ST-GAMING-RACING-031	/exhibit/AGY-ST-GAMING-RACING-031
Ex. AGY-ST-GAMING-RACING-032	Commission votes of July 2, 2020 (release of July 3, 2020): MGC Votes to Vacate Previous Orders Which Temporarily Suspended Casino and Racing Operations	Massachusetts Gaming Commission	July 3, 2020	Massachusetts Gaming Commission, Commission votes of July 2, 2020 (release of July 3, 2020): MGC Votes to Vacate Previous Orders Which Temporarily Suspended Casino and Racing Operations (Ex. AGY-ST-GAMING-RACING-032)	/library/AGY-ST-GAMING-RACING-032	/exhibit/AGY-ST-GAMING-RACING-032
Ex. AGY-ST-GAMING-RACING-033	Minimum Requirements for the Reintroduction of Roulette at the Category 1 Gaming Establishments (order of October 8, 2020)	Massachusetts Gaming Commission	Oct. 8, 2020	Massachusetts Gaming Commission, Minimum Requirements for the Reintroduction of Roulette at the Category 1 Gaming Establishments (order of October 8, 2020) (Oct. 8, 2020) (Ex. AGY-ST-GAMING-RACING-033)	/library/AGY-ST-GAMING-RACING-033	/exhibit/AGY-ST-GAMING-RACING-033
Ex. AGY-ST-GAMING-RACING-034	Commission votes of November 5, 2020: supplement to the Gaming Guidelines, racing protocols and simulcasting plans to ensure compliance with COVID-19 Order No.…	Massachusetts Gaming Commission	Nov. 5, 2020	Massachusetts Gaming Commission, Commission votes of November 5, 2020: supplement to the Gaming Guidelines, racing protocols and simulcasting plans to ensure compliance with COVID-19 Order No. 53 (Nov. 5, 2020) (Ex. AGY-ST-GAMING-RACING-034)	/library/AGY-ST-GAMING-RACING-034	/exhibit/AGY-ST-GAMING-RACING-034
Ex. AGY-ST-GAMING-RACING-035	Requirements to Ensure Compliance with COVID-19 Order No. 59, Order Temporarily Applying Further Capacity Restrictions to Statewide COVID-19 Safety Rules	Massachusetts Gaming Commission	Dec. 22, 2020	Massachusetts Gaming Commission, Requirements to Ensure Compliance with COVID-19 Order No. 59, Order Temporarily Applying Further Capacity Restrictions to Statewide COVID-19 Safety Rules (Dec. 22, 2020) (Ex. AGY-ST-GAMING-RACING-035)	/library/AGY-ST-GAMING-RACING-035	/exhibit/AGY-ST-GAMING-RACING-035
Ex. AGY-ST-GAMING-RACING-036	Minimum Requirements for (1) Expanding Blackjack-Style Tables to Include a 4th Player Position and (2) the Reintroduction of Craps at the Category 1 Gaming…	Massachusetts Gaming Commission	Mar. 11, 2021	Massachusetts Gaming Commission, Minimum Requirements for (1) Expanding Blackjack-Style Tables to Include a 4th Player Position and (2) the Reintroduction of Craps at the Category 1 Gaming Establishments (order of March 11, 2021) (Mar. 11, 2021) (Ex. AGY-ST-GAMING-RACING-036)	/library/AGY-ST-GAMING-RACING-036	/exhibit/AGY-ST-GAMING-RACING-036
Ex. AGY-ST-GAMING-RACING-037	Commission vote of May 26, 2021: MGC Votes to Rescind COVID-19-Related Orders for Gaming Establishments, Horse Racing and Simulcasting Facilities	Massachusetts Gaming Commission	May 26, 2021	Massachusetts Gaming Commission, Commission vote of May 26, 2021: MGC Votes to Rescind COVID-19-Related Orders for Gaming Establishments, Horse Racing and Simulcasting Facilities (Ex. AGY-ST-GAMING-RACING-037)	/library/AGY-ST-GAMING-RACING-037	/exhibit/AGY-ST-GAMING-RACING-037
Ex. AGY-ST-HEALTH-SUBORDERS-116	Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-3	Margret R. Cooke, Acting Commissioner, Massachusetts Department of Public Health	July 30, 2021	Margret R. Cooke, Acting Commissioner, Massachusetts Department of Public Health, Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-3 (July 30, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-116)	/library/AGY-ST-HEALTH-SUBORDERS-116	/exhibit/AGY-ST-HEALTH-SUBORDERS-116
Ex. AGY-ST-HEALTH-SUBORDERS-117	Order of the Commissioner of Public Health Allowing Certain Individuals to Administer Influenza and COVID-19 Vaccines (revised Dec. 18, 2020; original Nov. 2…	Monica Bharel, MD, MPH, Commissioner of Public Health	Dec. 18, 2020	Monica Bharel, MD, MPH, Commissioner of Public Health, Order of the Commissioner of Public Health Allowing Certain Individuals to Administer Influenza and COVID-19 Vaccines (revised Dec. 18, 2020; original Nov. 2, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-117)	/library/AGY-ST-HEALTH-SUBORDERS-117	/exhibit/AGY-ST-HEALTH-SUBORDERS-117
Ex. AGY-ST-HEALTH-SUBORDERS-118	Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-6	Margret R. Cooke, Acting Commissioner of Public Health	Aug. 26, 2021	Margret R. Cooke, Acting Commissioner of Public Health, Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-6 (Aug. 26, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-118)	/library/AGY-ST-HEALTH-SUBORDERS-118	/exhibit/AGY-ST-HEALTH-SUBORDERS-118
Ex. AGY-ST-HEALTH-SUBORDERS-119	Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-7	Margret R. Cooke, Acting Commissioner of Public Health	Sept. 2, 2021	Margret R. Cooke, Acting Commissioner of Public Health, Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-7 (Sept. 2, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-119)	/library/AGY-ST-HEALTH-SUBORDERS-119	/exhibit/AGY-ST-HEALTH-SUBORDERS-119
Ex. AGY-ST-HEALTH-SUBORDERS-120	Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-8	Margret R. Cooke, Acting Commissioner of Public Health	Sept. 15, 2021	Margret R. Cooke, Acting Commissioner of Public Health, Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-8 (Sept. 15, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-120)	/library/AGY-ST-HEALTH-SUBORDERS-120	/exhibit/AGY-ST-HEALTH-SUBORDERS-120
Ex. AGY-ST-HEALTH-SUBORDERS-122	Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-5 (Extending Certain Licenses)	Margret R. Cooke, Acting Commissioner of Public Health	Aug. 20, 2021	Margret R. Cooke, Acting Commissioner of Public Health, Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-5 (Extending Certain Licenses) (Aug. 20, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-122)	/library/AGY-ST-HEALTH-SUBORDERS-122	/exhibit/AGY-ST-HEALTH-SUBORDERS-122
Ex. AGY-ST-INSURANCE-BANKING-100	Bulletin 2020-04	Gary D. Anderson, Commissioner of Insurance	Mar. 16, 2020	Gary D. Anderson, Commissioner of Insurance, Bulletin 2020-04 (Mar. 16, 2020) (Ex. AGY-ST-INSURANCE-BANKING-100)	/library/AGY-ST-INSURANCE-BANKING-100	/exhibit/AGY-ST-INSURANCE-BANKING-100
Ex. AGY-ST-LABOR-WORKPLACE-009	Chapter 16 of the Acts of 2021, An Act providing for Massachusetts COVID-19 emergency paid sick leave	Massachusetts General Court; approved by Governor Baker May 28, 2021	May 28, 2021	Massachusetts General Court; approved by Governor Baker May 28, 2021, Chapter 16 of the Acts of 2021, An Act providing for Massachusetts COVID-19 emergency paid sick leave (May 28, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-009)	/library/AGY-ST-LABOR-WORKPLACE-009	/exhibit/AGY-ST-LABOR-WORKPLACE-009
Ex. AGY-ST-LABOR-WORKPLACE-042	Chapter 55 of the Acts of 2021, An Act extending COVID-19 Massachusetts emergency paid sick leave	Massachusetts General Court; approved by Governor Baker Sept. 29, 2021	Sept. 29, 2021	Massachusetts General Court; approved by Governor Baker Sept. 29, 2021, Chapter 55 of the Acts of 2021, An Act extending COVID-19 Massachusetts emergency paid sick leave (Sept. 29, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-042)	/library/AGY-ST-LABOR-WORKPLACE-042	/exhibit/AGY-ST-LABOR-WORKPLACE-042
Ex. AGY-ST-UTILITIES-HOUSING-AG-038	940 CMR 3.18, Price Gouging (as amended by emergency regulation effective March 20, 2020)	Attorney General Maura Healey (Office of the Attorney General)	Mar. 20, 2020	Attorney General Maura Healey (Office of the Attorney General), 940 CMR 3.18, Price Gouging (as amended by emergency regulation effective March 20, 2020) (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-038)	/library/AGY-ST-UTILITIES-HOUSING-AG-038	/exhibit/AGY-ST-UTILITIES-HOUSING-AG-038
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-MA-001	G.L. c. 17, s. 2A	General Court (codified statute administered by the Commissioner of Public Health)	standing	General Court (codified statute administered by the Commissioner of Public Health), G.L. c. 17, s. 2A (standing) (Ex. DUT-MA-001)	/library/DUT-MA-001	/exhibit/DUT-MA-001
Ex. DUT-MA-002	G.L. c. 111, s. 6	General Court (codified statute administered by the Department of Public Health)	standing	General Court (codified statute administered by the Department of Public Health), G.L. c. 111, s. 6 (standing) (Ex. DUT-MA-002)	/library/DUT-MA-002	/exhibit/DUT-MA-002
Ex. DUT-MA-003	Press release, 'AG Healey Announces Enhanced Resources for Workers to Report Safety Concerns As State Begins Phased Reopening' (May 20, 2020)	Attorney General Maura Healey (Office of the Attorney General, Fair Labor Division)	standing	Attorney General Maura Healey (Office of the Attorney General, Fair Labor Division), Press release, 'AG Healey Announces Enhanced Resources for Workers to Report Safety Concerns As State Begins Phased Reopening' (May 20, 2020) (Ex. DUT-MA-003)	/library/DUT-MA-003	/exhibit/DUT-MA-003
Ex. DUT-MA-004	G.L. c. 111, s. 31	General Court (codified statute; powers exercised by municipal boards of health)	standing	General Court (codified statute; powers exercised by municipal boards of health), G.L. c. 111, s. 31 (standing) (Ex. DUT-MA-004)	/library/DUT-MA-004	/exhibit/DUT-MA-004
Ex. DUT-MA-005	G.L. c. 111, s. 95	General Court (codified statute; powers exercised by municipal boards of health)	standing	General Court (codified statute; powers exercised by municipal boards of health), G.L. c. 111, s. 95 (standing) (Ex. DUT-MA-005)	/library/DUT-MA-005	/exhibit/DUT-MA-005
Ex. DUT-MA-006	G.L. c. 111, s. 104	General Court (codified statute; duties of selectmen and boards of health)	standing	General Court (codified statute; duties of selectmen and boards of health), G.L. c. 111, s. 104 (standing) (Ex. DUT-MA-006)	/library/DUT-MA-006	/exhibit/DUT-MA-006
Ex. DUT-MA-007	G.L. c. 111, s. 122	General Court (codified statute; powers of municipal boards of health)	standing	General Court (codified statute; powers of municipal boards of health), G.L. c. 111, s. 122 (standing) (Ex. DUT-MA-007)	/library/DUT-MA-007	/exhibit/DUT-MA-007
Ex. DUT-MA-008	G.L. c. 111, s. 127A	General Court (codified statute; State Sanitary Code adopted by the Department of Public Health and enforced by boards of health)	standing	General Court (codified statute; State Sanitary Code adopted by the Department of Public Health and enforced by boards of health), G.L. c. 111, s. 127A (standing) (Ex. DUT-MA-008)	/library/DUT-MA-008	/exhibit/DUT-MA-008
Ex. DUT-MA-009	105 CMR 300.200	Department of Public Health (regulation under G.L. c. 111, ss. 6, 7 and 109 and related sections)	standing	Department of Public Health (regulation under G.L. c. 111, ss. 6, 7 and 109 and related sections), 105 CMR 300.200 (standing) (Ex. DUT-MA-009)	/library/DUT-MA-009	/exhibit/DUT-MA-009
Ex. DUT-MA-010	105 CMR 300.210	Department of Public Health (regulation)	standing	Department of Public Health (regulation), 105 CMR 300.210 (standing) (Ex. DUT-MA-010)	/library/DUT-MA-010	/exhibit/DUT-MA-010
Ex. DUT-MA-011	105 CMR 300.100	Department of Public Health (regulation)	standing	Department of Public Health (regulation), 105 CMR 300.100 (standing) (Ex. DUT-MA-011)	/library/DUT-MA-011	/exhibit/DUT-MA-011
Ex. DUT-MA-012	St. 1950, c. 639 (the Civil Defense Act), ss. 1, 5, 7, 8, 8A	General Court; approved by the Governor July 20, 1950 (emergency law)	standing	General Court; approved by the Governor July 20, 1950 (emergency law), St. 1950, c. 639 (the Civil Defense Act), ss. 1, 5, 7, 8, 8A (standing) (Ex. DUT-MA-012)	/library/DUT-MA-012	/exhibit/DUT-MA-012
Ex. DUT-MA-013	G.L. c. 149, s. 6	General Court (codified statute administered by the Department of Labor Standards and the Attorney General)	standing	General Court (codified statute administered by the Department of Labor Standards and the Attorney General), G.L. c. 149, s. 6 (standing) (Ex. DUT-MA-013)	/library/DUT-MA-013	/exhibit/DUT-MA-013
Ex. DUT-MA-014	G.L. c. 149, s. 113	General Court (codified statute; rules by the Attorney General)	standing	General Court (codified statute; rules by the Attorney General), G.L. c. 149, s. 113 (standing) (Ex. DUT-MA-014)	/library/DUT-MA-014	/exhibit/DUT-MA-014
Ex. DUT-MA-015	29 U.S.C. 654(a)(1)-(2)	Congress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, s. 5)	standing	Congress (Occupational Safety and Health Act of 1970, Pub. L. 91-596, s. 5), 29 U.S.C. 654(a)(1)-(2) (standing) (Ex. DUT-MA-015)	/library/DUT-MA-015	/exhibit/DUT-MA-015
Ex. DUT-MA-016	COVID-19 Compliance Attestation Poster (English)	Executive Office of Housing and Economic Development with the Department of Labor Standards and the Department of Public Health (Reopening Massachusetts, Phase I package)	standing	Executive Office of Housing and Economic Development with the Department of Labor Standards and the Department of Public Health (Reopening Massachusetts, Phase I package), COVID-19 Compliance Attestation Poster (English) (May 18, 2020) (Ex. DUT-MA-016)	/library/DUT-MA-016	/exhibit/DUT-MA-016
Ex. DUT-MA-017	Chapter 64 of the Acts of 2020	General Court; approved by Governor Charles D. Baker (emergency law)	standing	General Court; approved by Governor Charles D. Baker (emergency law), Chapter 64 of the Acts of 2020 (Apr. 17, 2020) (Ex. DUT-MA-017)	/library/DUT-MA-017	/exhibit/DUT-MA-017
Ex. DUT-MA-018	G.L. c. 40, s. 21D	General Court (codified statute; adopted by cities and towns by ordinance or by-law)	standing	General Court (codified statute; adopted by cities and towns by ordinance or by-law), G.L. c. 40, s. 21D (standing) (Ex. DUT-MA-018)	/library/DUT-MA-018	/exhibit/DUT-MA-018
Ex. DUT-MA-019	105 CMR 590.014(A)	Department of Public Health (State Sanitary Code, Chapter X; enforced by local boards of health)	standing	Department of Public Health (State Sanitary Code, Chapter X; enforced by local boards of health), 105 CMR 590.014(A) (standing) (Ex. DUT-MA-019)	/library/DUT-MA-019	/exhibit/DUT-MA-019
Ex. DUT-MA-020	Desrosiers v. Governor, 486 Mass. 369, SJC-12983 (argued Sept. 11, 2020; decided Dec. 10, 2020)	Supreme Judicial Court of Massachusetts (Lenk, Gaziano, Lowy, Budd, Cypher, Kafker, JJ.; opinion by Budd, J.)	standing	Supreme Judicial Court of Massachusetts (Lenk, Gaziano, Lowy, Budd, Cypher, Kafker, JJ.; opinion by Budd, J.), Desrosiers v. Governor, 486 Mass. 369, SJC-12983 (argued Sept. 11, 2020; decided Dec. 10, 2020) (standing) (Ex. DUT-MA-020)	/library/DUT-MA-020	/exhibit/DUT-MA-020
Ex. DUT-MA-021	COVID-19 Order No. 13 (Mar. 23, 2020) (library exhibit MA-008; cross-reference, not re-saved)	Governor Charles D. Baker	standing	Governor Charles D. Baker, COVID-19 Order No. 13 (Mar. 23, 2020) (library exhibit MA-008; cross-reference, not re-saved) (Ex. DUT-MA-021)	/library/DUT-MA-021	/exhibit/DUT-MA-021
Ex. DUT-MA-022	COVID-19 Order No. 33 (May 18, 2020) (library exhibit MA-017; cross-reference, not re-saved)	Governor Charles D. Baker (with DLS and DPH rules under s. 2)	standing	Governor Charles D. Baker (with DLS and DPH rules under s. 2), COVID-19 Order No. 33 (May 18, 2020) (library exhibit MA-017; cross-reference, not re-saved) (Ex. DUT-MA-022)	/library/DUT-MA-022	/exhibit/DUT-MA-022
Ex. DUT-MA-023	COVID-19 Order No. 37 (June 6, 2020) (library exhibit MA-019; cross-reference, not re-saved)	Governor Charles D. Baker	standing	Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (library exhibit MA-019; cross-reference, not re-saved) (Ex. DUT-MA-023)	/library/DUT-MA-023	/exhibit/DUT-MA-023
Ex. DUT-MA-024	COVID-19 Order No. 31 (May 1, 2020) (library exhibit MA-016; cross-reference, not re-saved)	Governor Charles D. Baker	standing	Governor Charles D. Baker, COVID-19 Order No. 31 (May 1, 2020) (library exhibit MA-016; cross-reference, not re-saved) (Ex. DUT-MA-024)	/library/DUT-MA-024	/exhibit/DUT-MA-024
Ex. DUT-MA-025	COVID-19 Order No. 55 (Nov. 2, 2020) (library exhibit MA-035; cross-reference, not re-saved)	Governor Charles D. Baker	standing	Governor Charles D. Baker, COVID-19 Order No. 55 (Nov. 2, 2020) (library exhibit MA-035; cross-reference, not re-saved) (Ex. DUT-MA-025)	/library/DUT-MA-025	/exhibit/DUT-MA-025
Ex. DUT-MA-026	COVID-19 Order No. 48 (Aug. 18, 2020) (library exhibit MA-028; cross-reference, not re-saved)	Governor Charles D. Baker	standing	Governor Charles D. Baker, COVID-19 Order No. 48 (Aug. 18, 2020) (library exhibit MA-028; cross-reference, not re-saved) (Ex. DUT-MA-026)	/library/DUT-MA-026	/exhibit/DUT-MA-026
Ex. DUT-MA-027	COVID-19 Order No. 69 (May 28, 2021) (library exhibit MA-048; cross-reference, not re-saved)	Governor Charles D. Baker	standing	Governor Charles D. Baker, COVID-19 Order No. 69 (May 28, 2021) (library exhibit MA-048; cross-reference, not re-saved) (Ex. DUT-MA-027)	/library/DUT-MA-027	/exhibit/DUT-MA-027
Ex. DUT-MA-028	Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (May 28, 2021) (library exhibit MA-049; cross-reference, not re-saved)	Governor Charles D. Baker	standing	Governor Charles D. Baker, Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (May 28, 2021) (library exhibit MA-049; cross-reference, not re-saved) (Ex. DUT-MA-028)	/library/DUT-MA-028	/exhibit/DUT-MA-028
Ex. DUT-MA-029	Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021) (library exhibit MA-050; cross-reference, not…	Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor	standing	Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor, Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021) (library exhibit MA-050; cross-reference, not re-saved) (Ex. DUT-MA-029)	/library/DUT-MA-029	/exhibit/DUT-MA-029
Ex. DUT-MA-030	COVID-19 Public Health Emergency Order No. 2021-1 (June 14, 2021) (library exhibit MA-054; cross-reference, not re-saved)	Commissioner of Public Health, with the authorization of the Public Health Council (June 9, 2021) and the approval of the Governor	standing	Commissioner of Public Health, with the authorization of the Public Health Council (June 9, 2021) and the approval of the Governor, COVID-19 Public Health Emergency Order No. 2021-1 (June 14, 2021) (library exhibit MA-054; cross-reference, not re-saved) (Ex. DUT-MA-030)	/library/DUT-MA-030	/exhibit/DUT-MA-030
Ex. DUT-MA-031	Chapter 16 of the Acts of 2021, s. 10 (May 28, 2021) (library exhibit AGY-ST-LABOR-WORKPLACE-009; cross-reference, not re-saved); Chapter 55 of the Acts of 2021…	General Court; approved by the Governor (emergency law)	standing	General Court; approved by the Governor (emergency law), Chapter 16 of the Acts of 2021, s. 10 (May 28, 2021) (library exhibit AGY-ST-LABOR-WORKPLACE-009; cross-reference, not re-saved); Chapter 55 of the Acts of 2021 (extension; Ex. AGY-ST-LABOR-WORKPLACE-042) (Ex. DUT-MA-031)	/library/DUT-MA-031	/exhibit/DUT-MA-031
Ex. DUT-MA-032	DPH Stay-at-Home Advisory (Mar. 23, 2020); Safer at Home Advisory (May 18, 2020); Stay at Home Advisory 10 p.m. to 5 a.m. (Nov. 2, 2020) (library exhibit…	Department of Public Health (Commissioner Monica Bharel)	standing	Department of Public Health (Commissioner Monica Bharel), DPH Stay-at-Home Advisory (Mar. 23, 2020); Safer at Home Advisory (May 18, 2020); Stay at Home Advisory 10 p.m. to 5 a.m. (Nov. 2, 2020) (library exhibit MA-009; cross-reference; verified_secondary; no file) (Ex. DUT-MA-032)	/library/DUT-MA-032
Ex. DUT-MA-033	Mandatory Safety Standards for Workplaces (Reopening Massachusetts, May 18, 2020), with the sector-specific workplace safety standards, protocol summaries and…	Department of Labor Standards and Department of Public Health (with the Executive Office of Housing and Economic Development), under COVID-19 Order No. 33, s. 2	standing	Department of Labor Standards and Department of Public Health (with the Executive Office of Housing and Economic Development), under COVID-19 Order No. 33, s. 2, Mandatory Safety Standards for Workplaces (Reopening Massachusetts, May 18, 2020), with the sector-specific workplace safety standards, protocol summaries and checklists issued under Order No. 33 s. 2 (May 2020 to May 2021) (Ex. DUT-MA-033)	/library/DUT-MA-033
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-002	Notice of February 24, 2021	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)	/library/FED-002	/exhibit/FED-002
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-011	Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)	Alex M. Azar II, Secretary of HHS	Apr. 21, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)	/library/FED-011	/exhibit/FED-011
Ex. FED-012	Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)	Alex M. Azar II, Secretary of HHS	July 23, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)	/library/FED-012	/exhibit/FED-012
Ex. FED-013	Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)	Alex M. Azar II, Secretary of HHS	Oct. 2, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)	/library/FED-013	/exhibit/FED-013
Ex. FED-014	Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)	Alex M. Azar II, Secretary of HHS	Jan. 7, 2021	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)	/library/FED-014	/exhibit/FED-014
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-022	CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)	Sept. 1, 2020	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)	/library/FED-022	/exhibit/FED-022
Ex. FED-023	CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)	Centers for Disease Control and Prevention, HHS	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)	/library/FED-023	/exhibit/FED-023
Ex. FED-024	CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)	Centers for Disease Control and Prevention, HHS	Mar. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)	/library/FED-024	/exhibit/FED-024
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-027	CDC No Sail Order and Suspension of Further Embarkation	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 14, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	/library/FED-027	/exhibit/FED-027
Ex. FED-028	No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)	Centers for Disease Control and Prevention, HHS	Apr. 9, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	/library/FED-028	/exhibit/FED-028
Ex. FED-029	No Sail Order; Second Modification and Extension (July 16, 2020)	Centers for Disease Control and Prevention, HHS	July 16, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)	/library/FED-029	/exhibit/FED-029
Ex. FED-030	No Sail Order; Third Modification and Extension (Sept. 30, 2020)	Centers for Disease Control and Prevention, HHS	Sept. 30, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	/library/FED-030	/exhibit/FED-030
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-036	Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)	Centers for Disease Control and Prevention, HHS	May 19, 2020	Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)	/library/FED-036	/exhibit/FED-036
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-039	Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…	Centers for Disease Control and Prevention, HHS	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)	/library/FED-039	/exhibit/FED-039
Ex. FED-040	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom	Centers for Disease Control and Prevention, HHS	Dec. 25, 2020	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)	/library/FED-040	/exhibit/FED-040
Ex. FED-041	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…	Centers for Disease Control and Prevention, HHS	Jan. 12, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)	/library/FED-041	/exhibit/FED-041
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-048	Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…	Centers for Disease Control and Prevention, HHS	Sept. 11, 2020	Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)	/library/FED-048	/exhibit/FED-048
Ex. FED-050	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)	Jan. 31, 2021	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	/library/FED-050	/exhibit/FED-050
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-055	Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	/library/FED-055	/exhibit/FED-055
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-061	Executive Order 13998	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	/library/FED-061	/exhibit/FED-061
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-066	Executive Order 13945	President Donald J. Trump	Aug. 8, 2020	President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)	/library/FED-066	/exhibit/FED-066
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-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-073	Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)	President Donald J. Trump	Apr. 28, 2020	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	/library/FED-073	/exhibit/FED-073
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-075	Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use	Federal Emergency Management Agency, DHS	Apr. 7, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)	/library/FED-075	/exhibit/FED-075
Ex. FED-076	Notification of Exemptions to the PPE allocation rule	Federal Emergency Management Agency, DHS	Apr. 17, 2020	Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)	/library/FED-076	/exhibit/FED-076
Ex. FED-077	Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)	Federal Emergency Management Agency, DHS	Aug. 10, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)	/library/FED-077	/exhibit/FED-077
Ex. FED-078	Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)	Federal Emergency Management Agency, DHS	Dec. 31, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)	/library/FED-078	/exhibit/FED-078
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-088	Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)	OSHA, U.S. Department of Labor	Mar. 9, 2020	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	/library/FED-088	/exhibit/FED-088
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-091	CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)	Centers for Medicare & Medicaid Services, HHS	May 1, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	/library/FED-091	/exhibit/FED-091
Ex. FED-092	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	Centers for Medicare & Medicaid Services, HHS	Sept. 2, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	/library/FED-092	/exhibit/FED-092
Ex. FED-093	CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)	Nov. 2, 2020	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	/library/FED-093	/exhibit/FED-093
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-097	QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 13, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	/library/FED-097	/exhibit/FED-097
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-104	FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	/library/FED-104	/exhibit/FED-104
Ex. FED-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-154	QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)	CMS, Quality, Safety & Oversight Group	Sept. 17, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	/library/FED-154	/exhibit/FED-154
Ex. FED-155	QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19	CMS, Quality, Safety & Oversight Group	Mar. 10, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	/library/FED-155	/exhibit/FED-155
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-157	QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)	CMS, Quality, Safety & Oversight Group	May 18, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	/library/FED-157	/exhibit/FED-157
Ex. FED-158	CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…	Centers for Medicare & Medicaid Services, HHS	Apr. 7, 2020	Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)	/library/FED-158	/exhibit/FED-158
Ex. FED-159	CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)	Centers for Medicare & Medicaid Services, HHS	Apr. 19, 2020	Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)	/library/FED-159	/exhibit/FED-159
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-164	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)	/library/FED-164	/exhibit/FED-164
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-170	Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…	Congress (Pub. L. 116-127); approved by the President	Mar. 18, 2020	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	/library/FED-170	/exhibit/FED-170
Ex. FED-171	Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826	Wage and Hour Division, U.S. Department of Labor	Apr. 1, 2020	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	/library/FED-171	/exhibit/FED-171
Ex. FED-172	Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)	Wage and Hour Division, U.S. Department of Labor	Sept. 11, 2020	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	/library/FED-172	/exhibit/FED-172
Ex. FED-173	Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…	Congress (Pub. L. 116-260)	Dec. 27, 2020	Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)	/library/FED-173	/exhibit/FED-173
Ex. FED-174	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…	Congress (Pub. L. 117-2); approved by the President	Mar. 11, 2021	Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)	/library/FED-174	/exhibit/FED-174
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-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-185	Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)	Dec. 11, 2020	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	/library/FED-185	/exhibit/FED-185
Ex. FED-186	Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)	Food and Drug Administration, HHS	Dec. 18, 2020	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	/library/FED-186	/exhibit/FED-186
Ex. FED-187	Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)	Food and Drug Administration, HHS	Feb. 27, 2021	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	/library/FED-187	/exhibit/FED-187
Ex. FED-190	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)	/library/FED-190	/exhibit/FED-190
Ex. FED-191	30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)	The President and the White House Coronavirus Task Force	Mar. 31, 2020	The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)	/library/FED-191	/exhibit/FED-191
Ex. FED-192	Guidelines for Opening Up America Again (Apr. 16, 2020)	The President and the White House Coronavirus Task Force	Apr. 16, 2020	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	/library/FED-192	/exhibit/FED-192
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-202	Proclamation 9993	President Donald J. Trump	Mar. 11, 2020	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	/library/FED-202	/exhibit/FED-202
Ex. FED-203	Proclamation 9996	President Donald J. Trump	Mar. 14, 2020	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	/library/FED-203	/exhibit/FED-203
Ex. FED-204	Proclamation 10041	President Donald J. Trump	May 24, 2020	President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)	/library/FED-204	/exhibit/FED-204
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-210	Proclamation 10014	President Donald J. Trump	Apr. 22, 2020	President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)	/library/FED-210	/exhibit/FED-210
Ex. FED-211	Proclamation 10052	President Donald J. Trump	June 22, 2020	President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)	/library/FED-211	/exhibit/FED-211
Ex. FED-212	Proclamation 10054	President Donald J. Trump	June 29, 2020	President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)	/library/FED-212	/exhibit/FED-212
Ex. FED-213	Proclamation 10131	President Donald J. Trump	Dec. 31, 2020	President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)	/library/FED-213	/exhibit/FED-213
Ex. FED-214	Proclamation 10149	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)	/library/FED-214	/exhibit/FED-214
Ex. FED-216	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection	Mar. 24, 2020	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)	/library/FED-216	/exhibit/FED-216
Ex. FED-217	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)	/library/FED-217	/exhibit/FED-217
Ex. FED-219	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)	/library/FED-219	/exhibit/FED-219
Ex. FED-222	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)	/library/FED-222	/exhibit/FED-222
Ex. FED-225	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)	/library/FED-225	/exhibit/FED-225
Ex. FED-226	Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)	/library/FED-226	/exhibit/FED-226
Ex. FED-229	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)	/library/FED-229	/exhibit/FED-229
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-239	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…	DHS (Acting Secretary Chad F. Wolf), with CBP	Mar. 24, 2020	DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)	/library/FED-239	/exhibit/FED-239
Ex. FED-240	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)	/library/FED-240	/exhibit/FED-240
Ex. FED-242	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)	/library/FED-242	/exhibit/FED-242
Ex. FED-245	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)	/library/FED-245	/exhibit/FED-245
Ex. FED-248	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)	/library/FED-248	/exhibit/FED-248
Ex. FED-249	Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)	/library/FED-249	/exhibit/FED-249
Ex. FED-252	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)	/library/FED-252	/exhibit/FED-252
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-264	OMB Memorandum M-20-16	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 17, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)	/library/FED-264	/exhibit/FED-264
Ex. FED-265	OMB Memorandum M-20-17	Office of Management and Budget	Mar. 19, 2020	Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)	/library/FED-265	/exhibit/FED-265
Ex. FED-266	OMB Memorandum M-20-18	Office of Management and Budget (Deputy Director for Management)	Mar. 20, 2020	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	/library/FED-266	/exhibit/FED-266
Ex. FED-267	OMB Memorandum M-20-19	Office of Management and Budget	Mar. 22, 2020	Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)	/library/FED-267	/exhibit/FED-267
Ex. FED-268	OMB/OPM Memorandum M-20-23	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)	Apr. 20, 2020	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	/library/FED-268	/exhibit/FED-268
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-279	Order of March 16, 2020 (COVID-19 building access)	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)	Mar. 16, 2020	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)	/library/FED-279	/exhibit/FED-279
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-281	Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019	Deputy Secretary of Defense David L. Norquist	Mar. 13, 2020	Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)	/library/FED-281	/exhibit/FED-281
Ex. FED-282	Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions	Secretary of Defense Mark T. Esper	Apr. 20, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)	/library/FED-282	/exhibit/FED-282
Ex. FED-283	Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…	Secretary of Defense Mark T. Esper	May 22, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)	/library/FED-283	/exhibit/FED-283
Ex. FED-284	Order of the Chief Judge No. 20-042	Chief Judge Virginia A. Phillips	Mar. 19, 2020	Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)	/library/FED-284	/exhibit/FED-284
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-286	General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)	Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)	/library/FED-286	/exhibit/FED-286
Ex. FED-288	General Order 2020-8	Chief Judge Philip A. Brimmer	May 6, 2020	Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)	/library/FED-288	/exhibit/FED-288
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-291	Press release of March 16, 2020 (postponement of the March 2020 argument session)	Supreme Court of the United States (Public Information Office)	Mar. 16, 2020	Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)	/library/FED-291	/exhibit/FED-291
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-293	Press release of April 3, 2020 (postponement of the April 2020 argument session)	Supreme Court of the United States (Public Information Office)	Apr. 3, 2020	Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)	/library/FED-293	/exhibit/FED-293
Ex. FED-294	Press release of April 13, 2020 (telephone arguments in May 2020)	Supreme Court of the United States (Public Information Office)	Apr. 13, 2020	Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)	/library/FED-294	/exhibit/FED-294
Ex. FED-295	Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020	Mar. 29, 2020	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)	/library/FED-295	/exhibit/FED-295
Ex. FED-296	Tenth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Feb. 12, 2021	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	/library/FED-296	/exhibit/FED-296
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-303	Standing Order 20-17	Chief Judge Freda L. Wolfson	Nov. 25, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	/library/FED-303	/exhibit/FED-303
Ex. FED-304	Third Extension of Standing Order 20-12	Chief Judge Freda L. Wolfson	Dec. 17, 2020	Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)	/library/FED-304	/exhibit/FED-304
Ex. FED-305	Standing Order 21-02	Chief Judge Freda L. Wolfson	Mar. 17, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	/library/FED-305	/exhibit/FED-305
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-310	Second Amended Standing Order 2020-02	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)	/library/FED-310	/exhibit/FED-310
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-312	Standing Order 2020-05	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)	/library/FED-312	/exhibit/FED-312
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-316	Fourth Amendment to General Order 20-01	Chief Judge Thomas W. Thrash, Jr.	July 31, 2020	Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)	/library/FED-316	/exhibit/FED-316
Ex. FED-317	General Order 72	Chief Judge Phyllis J. Hamilton	Mar. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)	/library/FED-317	/exhibit/FED-317
Ex. FED-318	General Order 72-2	Chief Judge Phyllis J. Hamilton	Apr. 30, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)	/library/FED-318	/exhibit/FED-318
Ex. FED-319	Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…	U.S. Department of State, Bureau of Consular Affairs	Mar. 26, 2020	U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)	/library/FED-319
Ex. FED-320	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services	Apr. 20, 2020	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)	/library/FED-320	/exhibit/FED-320
Ex. FED-321	Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)	U.S. Department of Homeland Security, USCIS	May 14, 2020	U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)	/library/FED-321	/exhibit/FED-321
Ex. FED-322	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…	DHS, USCIS	Aug. 20, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)	/library/FED-322	/exhibit/FED-322
Ex. FED-323	Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…	DHS, USCIS	Dec. 18, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)	/library/FED-323	/exhibit/FED-323
Ex. FED-324	USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020	U.S. Citizenship and Immigration Services	Mar. 17, 2020	U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)	/library/FED-324	/exhibit/FED-324
Ex. FED-325	USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4	U.S. Citizenship and Immigration Services	May 27, 2020	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	/library/FED-325	/exhibit/FED-325
Ex. FED-327	Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)	U.S. Department of State, Bureau of Consular Affairs	Mar. 20, 2020	U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)	/library/FED-327	/exhibit/FED-327
Ex. FED-328	Phased Resumption of Routine Visa Services (announcement of July 14, 2020)	U.S. Department of State, Bureau of Consular Affairs	July 14, 2020	U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)	/library/FED-328	/exhibit/FED-328
Ex. FED-331	General Order 72-4	Chief Judge Phyllis J. Hamilton	June 24, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)	/library/FED-331	/exhibit/FED-331
Ex. FED-332	General Order 72-5	Chief Judge Phyllis J. Hamilton	July 23, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)	/library/FED-332	/exhibit/FED-332
Ex. FED-333	General Order 72-6	Chief Judge Phyllis J. Hamilton	Sept. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	/library/FED-333	/exhibit/FED-333
Ex. FED-334	General Order 73 (Amended May 21, 2020)	Chief Judge Phyllis J. Hamilton	May 21, 2020	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	/library/FED-334	/exhibit/FED-334
Ex. FED-336	General Order 77	Chief Judge Phyllis J. Hamilton	June 9, 2020	Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)	/library/FED-336	/exhibit/FED-336
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-338	General Order 20-0012 (original)	Chief Judge Rebecca R. Pallmeyer	Mar. 12, 2020	Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)	/library/FED-338	/exhibit/FED-338
Ex. FED-339	Eighth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Nov. 13, 2020	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	/library/FED-339	/exhibit/FED-339
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-343	Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…	Bureau of Consumer Financial Protection	June 30, 2020	Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)	/library/FED-343	/exhibit/FED-343
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-346	FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac	Mar. 18, 2020	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)	/library/FED-346	/exhibit/FED-346
Ex. FED-348	FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)	Federal Housing Finance Agency	June 17, 2020	Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)	/library/FED-348	/exhibit/FED-348
Ex. FED-349	FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)	Federal Housing Finance Agency	Aug. 27, 2020	Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)	/library/FED-349	/exhibit/FED-349
Ex. FED-350	FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)	Federal Housing Finance Agency	Dec. 2, 2020	Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)	/library/FED-350	/exhibit/FED-350
Ex. FED-353	FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…	Federal Housing Finance Agency	Feb. 25, 2021	Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)	/library/FED-353	/exhibit/FED-353
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-356	Mortgagee Letter 2020-04	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)	Mar. 18, 2020	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)	/library/FED-356	/exhibit/FED-356
Ex. FED-359	Mortgagee Letter 2020-19	HUD, Federal Housing Administration	June 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)	/library/FED-359
Ex. FED-360	Mortgagee Letter 2020-27	HUD, Federal Housing Administration	Aug. 27, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)	/library/FED-360	/exhibit/FED-360
Ex. FED-361	Mortgagee Letter 2020-43	HUD, Federal Housing Administration	Dec. 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)	/library/FED-361	/exhibit/FED-361
Ex. FED-362	Mortgagee Letter 2021-03	HUD, Federal Housing Administration	Jan. 21, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)	/library/FED-362	/exhibit/FED-362
Ex. FED-363	Mortgagee Letter 2021-05	HUD, Federal Housing Administration	Feb. 16, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)	/library/FED-363	/exhibit/FED-363
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-367	Circular 26-20-7	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service	Mar. 16, 2020	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	/library/FED-367	/exhibit/FED-367
Ex. FED-368	Circular 26-20-8	VA, Loan Guaranty Service	Mar. 18, 2020	VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)	/library/FED-368	/exhibit/FED-368
Ex. FED-369	Circular 26-20-12	VA, Loan Guaranty Service	Apr. 8, 2020	VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)	/library/FED-369	/exhibit/FED-369
Ex. FED-371	Circular 26-20-22	VA, Loan Guaranty Service	June 17, 2020	VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)	/library/FED-371	/exhibit/FED-371
Ex. FED-372	Circular 26-20-23	VA, Loan Guaranty Service	June 18, 2020	VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)	/library/FED-372	/exhibit/FED-372
Ex. FED-373	Circular 26-20-29	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)	/library/FED-373	/exhibit/FED-373
Ex. FED-374	Circular 26-20-30	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)	/library/FED-374	/exhibit/FED-374
Ex. FED-375	Circular 26-20-40	VA, Loan Guaranty Service	Dec. 28, 2020	VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)	/library/FED-375	/exhibit/FED-375
Ex. FED-376	Circular 26-21-2	VA, Loan Guaranty Service	Jan. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)	/library/FED-376	/exhibit/FED-376
Ex. FED-377	Circular 26-21-5	VA, Loan Guaranty Service	Feb. 16, 2021	VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)	/library/FED-377
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-381	USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…	U.S. Department of Agriculture, Rural Development	Mar. 19, 2020	U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)	/library/FED-381
Ex. FED-382	USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…	USDA Rural Development	Dec. 28, 2020	USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)	/library/FED-382
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-386	Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…	Secretary of the Interior David L. Bernhardt	Mar. 22, 2020	Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)	/library/FED-386	/exhibit/FED-386
Ex. FED-387	NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…	Secretary of the Interior David L. Bernhardt; National Park Service	Mar. 18, 2020	Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)	/library/FED-387	/exhibit/FED-387
Ex. FED-389	BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon	Bureau of Land Management, Oregon/Washington State Office and District Managers	Mar. 27, 2020	Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)	/library/FED-389	/exhibit/FED-389
Ex. FED-390	Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors	Bureau of Reclamation	Mar. 17, 2020	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	/library/FED-390	/exhibit/FED-390
Ex. FED-391	USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only	U.S. Department of Agriculture, Farm Production and Conservation mission area	Mar. 23, 2020	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	/library/FED-391
Ex. FED-393	USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…	U.S. Army Corps of Engineers Headquarters and district commanders	Mar. 17, 2020	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	/library/FED-393
Ex. FED-396	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)	/library/FED-396	/exhibit/FED-396
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. MA-001	Executive Order No. 591	Governor Charles D. Baker	Mar. 10, 2020	Governor Charles D. Baker, Executive Order No. 591 (Mar. 10, 2020) (Ex. MA-001)	/library/MA-001	/exhibit/MA-001
Ex. MA-002	COVID-19 Order No. 1	Governor Charles D. Baker	Mar. 12, 2020	Governor Charles D. Baker, COVID-19 Order No. 1 (Mar. 12, 2020) (Ex. MA-002)	/library/MA-002	/exhibit/MA-002
Ex. MA-003	COVID-19 Order No. 2	Governor Charles D. Baker	Mar. 13, 2020	Governor Charles D. Baker, COVID-19 Order No. 2 (Mar. 13, 2020) (Ex. MA-003)	/library/MA-003	/exhibit/MA-003
Ex. MA-004	COVID-19 Order No. 3	Governor Charles D. Baker	Mar. 15, 2020	Governor Charles D. Baker, COVID-19 Order No. 3 (Mar. 15, 2020) (Ex. MA-004)	/library/MA-004	/exhibit/MA-004
Ex. MA-005	COVID-19 Order No. 5	Governor Charles D. Baker	Mar. 15, 2020	Governor Charles D. Baker, COVID-19 Order No. 5 (Mar. 15, 2020) (Ex. MA-005)	/library/MA-005	/exhibit/MA-005
Ex. MA-006	COVID-19 Order No. 10	Governor Charles D. Baker	Mar. 18, 2020	Governor Charles D. Baker, COVID-19 Order No. 10 (Mar. 18, 2020) (Ex. MA-006)	/library/MA-006	/exhibit/MA-006
Ex. MA-007	COVID-19 Order No. 11 (Mar. 20, 2020) with Orders No. 6, 39, 47, 64	Governor Charles D. Baker	Mar. 20, 2020	Governor Charles D. Baker, COVID-19 Order No. 11 (Mar. 20, 2020) with Orders No. 6, 39, 47, 64 (Ex. MA-007)	/library/MA-007
Ex. MA-008	COVID-19 Order No. 13	Governor Charles D. Baker	Mar. 23, 2020	Governor Charles D. Baker, COVID-19 Order No. 13 (Mar. 23, 2020) (Ex. MA-008)	/library/MA-008	/exhibit/MA-008
Ex. MA-009	DPH Stay-at-Home Advisory (Mar. 23, 2020); Safer at Home Advisory (May 18, 2020); Stay at Home Advisory 10 p.m.-5 a.m. (Nov. 2, 2020)	Department of Public Health (Commissioner Monica Bharel)	Mar. 23, 2020	Department of Public Health (Commissioner Monica Bharel), DPH Stay-at-Home Advisory (Mar. 23, 2020); Safer at Home Advisory (May 18, 2020); Stay at Home Advisory 10 p.m.-5 a.m. (Nov. 2, 2020) (Ex. MA-009)	/library/MA-009
Ex. MA-010	COVID-19 Order No. 15	Governor Charles D. Baker	Mar. 25, 2020	Governor Charles D. Baker, COVID-19 Order No. 15 (Mar. 25, 2020) (Ex. MA-010)	/library/MA-010
Ex. MA-011	COVID-19 Order No. 16	Governor Charles D. Baker	Mar. 25, 2020	Governor Charles D. Baker, COVID-19 Order No. 16 (Mar. 25, 2020) (Ex. MA-011)	/library/MA-011	/exhibit/MA-011
Ex. MA-012	COVID-19 Order No. 21	Governor Charles D. Baker	Mar. 31, 2020	Governor Charles D. Baker, COVID-19 Order No. 21 (Mar. 31, 2020) (Ex. MA-012)	/library/MA-012	/exhibit/MA-012
Ex. MA-013	COVID-19 Order No. 27	Governor Charles D. Baker	Apr. 21, 2020	Governor Charles D. Baker, COVID-19 Order No. 27 (Apr. 21, 2020) (Ex. MA-013)	/library/MA-013	/exhibit/MA-013
Ex. MA-014	COVID-19 Order No. 28	Governor Charles D. Baker	Apr. 21, 2020	Governor Charles D. Baker, COVID-19 Order No. 28 (Apr. 21, 2020) (Ex. MA-014)	/library/MA-014	/exhibit/MA-014
Ex. MA-015	COVID-19 Order No. 30	Governor Charles D. Baker	Apr. 28, 2020	Governor Charles D. Baker, COVID-19 Order No. 30 (Apr. 28, 2020) (Ex. MA-015)	/library/MA-015	/exhibit/MA-015
Ex. MA-016	COVID-19 Order No. 31	Governor Charles D. Baker	May 1, 2020	Governor Charles D. Baker, COVID-19 Order No. 31 (May 1, 2020) (Ex. MA-016)	/library/MA-016	/exhibit/MA-016
Ex. MA-017	COVID-19 Order No. 33	Governor Charles D. Baker	May 18, 2020	Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017)	/library/MA-017	/exhibit/MA-017
Ex. MA-018	COVID-19 Order No. 35	Governor Charles D. Baker	June 1, 2020	Governor Charles D. Baker, COVID-19 Order No. 35 (June 1, 2020) (Ex. MA-018)	/library/MA-018	/exhibit/MA-018
Ex. MA-019	COVID-19 Order No. 37	Governor Charles D. Baker	June 6, 2020	Governor Charles D. Baker, COVID-19 Order No. 37 (June 6, 2020) (Ex. MA-019)	/library/MA-019	/exhibit/MA-019
Ex. MA-020	COVID-19 Order No. 38	Governor Charles D. Baker	June 6, 2020	Governor Charles D. Baker, COVID-19 Order No. 38 (June 6, 2020) (Ex. MA-020)	/library/MA-020	/exhibit/MA-020
Ex. MA-021	COVID-19 Order No. 40	Governor Charles D. Baker	June 19, 2020	Governor Charles D. Baker, COVID-19 Order No. 40 (June 19, 2020) (Ex. MA-021)	/library/MA-021	/exhibit/MA-021
Ex. MA-022	COVID-19 Order No. 41	Governor Charles D. Baker	June 26, 2020	Governor Charles D. Baker, COVID-19 Order No. 41 (June 26, 2020) (Ex. MA-022)	/library/MA-022	/exhibit/MA-022
Ex. MA-023	COVID-19 Order No. 43	Governor Charles D. Baker	July 2, 2020	Governor Charles D. Baker, COVID-19 Order No. 43 (July 2, 2020) (Ex. MA-023)	/library/MA-023	/exhibit/MA-023
Ex. MA-024	COVID-19 Order No. 44	Governor Charles D. Baker	July 2, 2020	Governor Charles D. Baker, COVID-19 Order No. 44 (July 2, 2020) (Ex. MA-024)	/library/MA-024	/exhibit/MA-024
Ex. MA-025	COVID-19 Order No. 45	Governor Charles D. Baker	July 24, 2020	Governor Charles D. Baker, COVID-19 Order No. 45 (July 24, 2020) (Ex. MA-025)	/library/MA-025	/exhibit/MA-025
Ex. MA-026	COVID-19 Order No. 46	Governor Charles D. Baker	Aug. 7, 2020	Governor Charles D. Baker, COVID-19 Order No. 46 (Aug. 7, 2020) (Ex. MA-026)	/library/MA-026	/exhibit/MA-026
Ex. MA-027	COVID-19 Order No. 47 (Aug. 11, 2020)	Governor Charles D. Baker	Aug. 11, 2020	Governor Charles D. Baker, COVID-19 Order No. 47 (Aug. 11, 2020) (Ex. MA-027)	/library/MA-027
Ex. MA-028	COVID-19 Order No. 48	Governor Charles D. Baker	Aug. 18, 2020	Governor Charles D. Baker, COVID-19 Order No. 48 (Aug. 18, 2020) (Ex. MA-028)	/library/MA-028	/exhibit/MA-028
Ex. MA-029	COVID-19 Order No. 49	Governor Charles D. Baker	Aug. 28, 2020	Governor Charles D. Baker, COVID-19 Order No. 49 (Aug. 28, 2020) (Ex. MA-029)	/library/MA-029
Ex. MA-030	COVID-19 Order No. 50	Governor Charles D. Baker	Sept. 10, 2020	Governor Charles D. Baker, COVID-19 Order No. 50 (Sept. 10, 2020) (Ex. MA-030)	/library/MA-030	/exhibit/MA-030
Ex. MA-031	COVID-19 Order No. 51	Governor Charles D. Baker	Sept. 29, 2020	Governor Charles D. Baker, COVID-19 Order No. 51 (Sept. 29, 2020) (Ex. MA-031)	/library/MA-031	/exhibit/MA-031
Ex. MA-032	COVID-19 Order No. 52	Governor Charles D. Baker	Sept. 29, 2020	Governor Charles D. Baker, COVID-19 Order No. 52 (Sept. 29, 2020) (Ex. MA-032)	/library/MA-032	/exhibit/MA-032
Ex. MA-033	COVID-19 Order No. 53	Governor Charles D. Baker	Nov. 2, 2020	Governor Charles D. Baker, COVID-19 Order No. 53 (Nov. 2, 2020) (Ex. MA-033)	/library/MA-033	/exhibit/MA-033
Ex. MA-034	COVID-19 Order No. 54	Governor Charles D. Baker	Nov. 2, 2020	Governor Charles D. Baker, COVID-19 Order No. 54 (Nov. 2, 2020) (Ex. MA-034)	/library/MA-034	/exhibit/MA-034
Ex. MA-035	COVID-19 Order No. 55	Governor Charles D. Baker	Nov. 2, 2020	Governor Charles D. Baker, COVID-19 Order No. 55 (Nov. 2, 2020) (Ex. MA-035)	/library/MA-035	/exhibit/MA-035
Ex. MA-037	COVID-19 Order No. 56	Governor Charles D. Baker	Nov. 6, 2020	Governor Charles D. Baker, COVID-19 Order No. 56 (Nov. 6, 2020) (Ex. MA-037)	/library/MA-037	/exhibit/MA-037
Ex. MA-038	COVID-19 Order No. 57	Governor Charles D. Baker	Dec. 8, 2020	Governor Charles D. Baker, COVID-19 Order No. 57 (Dec. 8, 2020) (Ex. MA-038)	/library/MA-038	/exhibit/MA-038
Ex. MA-039	COVID-19 Order No. 58	Governor Charles D. Baker	Dec. 8, 2020	Governor Charles D. Baker, COVID-19 Order No. 58 (Dec. 8, 2020) (Ex. MA-039)	/library/MA-039	/exhibit/MA-039
Ex. MA-040	COVID-19 Order No. 59	Governor Charles D. Baker	Dec. 22, 2020	Governor Charles D. Baker, COVID-19 Order No. 59 (Dec. 22, 2020) (Ex. MA-040)	/library/MA-040	/exhibit/MA-040
Ex. MA-041	COVID-19 Order No. 60	Governor Charles D. Baker	Jan. 7, 2021	Governor Charles D. Baker, COVID-19 Order No. 60 (Jan. 7, 2021) (Ex. MA-041)	/library/MA-041
Ex. MA-042	COVID-19 Order No. 62	Governor Charles D. Baker	Jan. 21, 2021	Governor Charles D. Baker, COVID-19 Order No. 62 (Jan. 21, 2021) (Ex. MA-042)	/library/MA-042	/exhibit/MA-042
Ex. MA-043	COVID-19 Order No. 63 (with the March 18, 2021 Appendix effective March 22, 2021)	Governor Charles D. Baker	Feb. 4, 2021	Governor Charles D. Baker, COVID-19 Order No. 63 (with the March 18, 2021 Appendix effective March 22, 2021) (Feb. 4, 2021) (Ex. MA-043)	/library/MA-043	/exhibit/MA-043
Ex. MA-044	COVID-19 Order No. 65	Governor Charles D. Baker	Feb. 25, 2021	Governor Charles D. Baker, COVID-19 Order No. 65 (Feb. 25, 2021) (Ex. MA-044)	/library/MA-044	/exhibit/MA-044
Ex. MA-045	COVID-19 Order No. 66	Governor Charles D. Baker	Mar. 18, 2021	Governor Charles D. Baker, COVID-19 Order No. 66 (Mar. 18, 2021) (Ex. MA-045)	/library/MA-045	/exhibit/MA-045
Ex. MA-046	COVID-19 Order No. 67	Governor Charles D. Baker	Apr. 29, 2021	Governor Charles D. Baker, COVID-19 Order No. 67 (Apr. 29, 2021) (Ex. MA-046)	/library/MA-046	/exhibit/MA-046
Ex. MA-047	COVID-19 Order No. 68	Governor Charles D. Baker	May 7, 2021	Governor Charles D. Baker, COVID-19 Order No. 68 (May 7, 2021) (Ex. MA-047)	/library/MA-047	/exhibit/MA-047
Ex. MA-048	COVID-19 Order No. 69	Governor Charles D. Baker	May 28, 2021	Governor Charles D. Baker, COVID-19 Order No. 69 (May 28, 2021) (Ex. MA-048)	/library/MA-048	/exhibit/MA-048
Ex. MA-049	Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (the 'modified public health emergency')	Governor Charles D. Baker	May 28, 2021	Governor Charles D. Baker, Governor's Declaration Pursuant to General Laws Chapter 17, Section 2A (the 'modified public health emergency') (May 28, 2021) (Ex. MA-049)	/library/MA-049	/exhibit/MA-049
Ex. MA-050	Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings	Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor	May 28, 2021	Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor, Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021) (Ex. MA-050)	/library/MA-050	/exhibit/MA-050
Ex. MA-051	Chapter 53 of the Acts of 2020	General Court (Legislature); approved by the Governor	Apr. 3, 2020	General Court (Legislature); approved by the Governor, Chapter 53 of the Acts of 2020 (Apr. 3, 2020) (Ex. MA-051)	/library/MA-051	/exhibit/MA-051
Ex. MA-052	Chapter 65 of the Acts of 2020	General Court (Legislature); approved by the Governor	Apr. 20, 2020	General Court (Legislature); approved by the Governor, Chapter 65 of the Acts of 2020 (Apr. 20, 2020) (Ex. MA-052)	/library/MA-052	/exhibit/MA-052
Ex. MA-053	Chapter 20 of the Acts of 2021	General Court (Legislature); approved by the Governor	June 16, 2021	General Court (Legislature); approved by the Governor, Chapter 20 of the Acts of 2021 (June 16, 2021) (Ex. MA-053)	/library/MA-053	/exhibit/MA-053
Ex. MA-054	COVID-19 Public Health Emergency Order No. 2021-1 (Reissuance of Certain Public Health Orders)	Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council (June 9, 2021) and the Governor	June 14, 2021	Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council (June 9, 2021) and the Governor, COVID-19 Public Health Emergency Order No. 2021-1 (Reissuance of Certain Public Health Orders) (June 14, 2021) (Ex. MA-054)	/library/MA-054	/exhibit/MA-054
Ex. MA-056	Order of the Commissioner of Public Health Implementing Policies and Procedures for Restricting Visitor Access to Nursing Homes and Rest Homes	Commissioner of Public Health	Mar. 12, 2020	Commissioner of Public Health, Order of the Commissioner of Public Health Implementing Policies and Procedures for Restricting Visitor Access to Nursing Homes and Rest Homes (Mar. 12, 2020) (Ex. MA-056)	/library/MA-056
Ex. MA-057	Order of the Commissioner of Public Health (hospital visitor restrictions)	Commissioner of Public Health Monica Bharel	Mar. 15, 2020	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health (hospital visitor restrictions) (Mar. 15, 2020) (Ex. MA-057)	/library/MA-057	/exhibit/MA-057
Ex. MA-058	Order of the Commissioner of Public Health regarding non-essential elective invasive procedures (hospitals and ambulatory surgery centers)	Commissioner of Public Health	Mar. 15, 2020	Commissioner of Public Health, Order of the Commissioner of Public Health regarding non-essential elective invasive procedures (hospitals and ambulatory surgery centers) (Mar. 15, 2020) (Ex. MA-058)	/library/MA-058	/exhibit/MA-058
Ex. MA-060	Order of the Commissioner of Public Health Regarding the Scheduling and Performance of Urgent Elective Invasive Procedures	Commissioner of Public Health Monica Bharel	May 18, 2020	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding the Scheduling and Performance of Urgent Elective Invasive Procedures (May 18, 2020) (Ex. MA-060)	/library/MA-060	/exhibit/MA-060
Ex. MA-061	Order of the Commissioner of Public Health Regarding the Scheduling and Performance of Non-Essential Elective Invasive Procedures	Commissioner of Public Health Monica Bharel	June 24, 2020	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding the Scheduling and Performance of Non-Essential Elective Invasive Procedures (June 24, 2020) (Ex. MA-061)	/library/MA-061	/exhibit/MA-061
Ex. MA-064	Order of the Commissioner of Public Health Regarding Control of COVID-19 in Long-Term Care Facilities	Commissioner of Public Health Monica Bharel	Nov. 5, 2020	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding Control of COVID-19 in Long-Term Care Facilities (Nov. 5, 2020) (Ex. MA-064)	/library/MA-064	/exhibit/MA-064
Ex. MA-065	Order of the Commissioner of Public Health Regarding Scheduling and Performance of Elective Invasive Procedures	Commissioner of Public Health Monica Bharel	Dec. 7, 2020	Commissioner of Public Health Monica Bharel, Order of the Commissioner of Public Health Regarding Scheduling and Performance of Elective Invasive Procedures (Dec. 7, 2020) (Ex. MA-065)	/library/MA-065	/exhibit/MA-065
Ex. MA-066	Rescission of Order of the Commissioner of Public Health (elective invasive procedures)	Commissioner of Public Health Monica Bharel	Mar. 1, 2021	Commissioner of Public Health Monica Bharel, Rescission of Order of the Commissioner of Public Health (elective invasive procedures) (Mar. 1, 2021) (Ex. MA-066)	/library/MA-066	/exhibit/MA-066
Ex. MA-067	COVID-19 Public Health Emergency Order No. 2021-4	Acting Commissioner of Public Health Margret R. Cooke, with Public Health Council authorization (June 9, 2021) and the Governor's approval	Aug. 4, 2021	Acting Commissioner of Public Health Margret R. Cooke, with Public Health Council authorization (June 9, 2021) and the Governor's approval, COVID-19 Public Health Emergency Order No. 2021-4 (Aug. 4, 2021) (Ex. MA-067)	/library/MA-067	/exhibit/MA-067
Ex. MA-068	Executive Order No. 595	Governor Charles D. Baker	Aug. 19, 2021	Governor Charles D. Baker, Executive Order No. 595 (Aug. 19, 2021) (Ex. MA-068)	/library/MA-068	/exhibit/MA-068
Ex. MA-069	105 CMR 159.000	Department of Public Health (emergency regulation)	Sept. 8, 2021	Department of Public Health (emergency regulation), 105 CMR 159.000 (Sept. 8, 2021) (Ex. MA-069)	/library/MA-069	/exhibit/MA-069
Ex. MA-070	101 CMR 23.00	Executive Office of Health and Human Services (emergency regulation)	Aug. 13, 2021	Executive Office of Health and Human Services (emergency regulation), 101 CMR 23.00 (Aug. 13, 2021) (Ex. MA-070)	/library/MA-070	/exhibit/MA-070
Ex. MA-071	Implementation of DESE Mask Requirement	Commissioner of Elementary and Secondary Education Jeffrey C. Riley, under the Board of Elementary and Secondary Education's August 24, 2021 vote	Aug. 25, 2021	Commissioner of Elementary and Secondary Education Jeffrey C. Riley, under the Board of Elementary and Secondary Education's August 24, 2021 vote, Implementation of DESE Mask Requirement (Aug. 25, 2021) (Ex. MA-071)	/library/MA-071	/exhibit/MA-071
Ex. MA-072	Court System Response to COVID-19 (guide) listing the SJC and Trial Court orders	Supreme Judicial Court and Executive Office of the Trial Court (index page of the Massachusetts Court System)	July 1, 2020	Supreme Judicial Court and Executive Office of the Trial Court (index page of the Massachusetts Court System), Court System Response to COVID-19 (guide) listing the SJC and Trial Court orders (July 1, 2020) (Ex. MA-072)	/library/MA-072	/exhibit/MA-072
Ex. MA-073	Advisory Regarding Face Coverings and Cloth Masks (updated July 30, 2021)	Department of Public Health	July 30, 2021	Department of Public Health, Advisory Regarding Face Coverings and Cloth Masks (updated July 30, 2021) (Ex. MA-073)	/library/MA-073
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

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=MA&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Sept. 30, 2026. The COVID Project is a free public reference and this report is not legal advice.