Eligibility report

Governmental Orders Record and Eligibility Analysis

Michigan

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 446 instruments cited; 426 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=MI&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 Michigan 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=MI&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)

Michigan, first day (Apr. 1, 2020): April 1, 2020: EO 2020-21 stay-home order in force (Ex. MI-011) (EO 2020-42 from April 9, Ex. MI-017); EO 2020-20 closures of restaurants, bars, theaters, gyms, salons and casinos (Ex. MI-010); EO 2020-17 procedure postponement (Ex. MI-009); EO 2020-11 school closure (Ex. MI-007; EO 2020-35 from April 2, Ex. MI-015); EO 2020-33 emergency declaration (Ex. MI-013); Secretary of State branches closed (Ex. MI-012); AO 2020-1 and 2020-2 court limits (Exs. MI-004, MI-008).

Michigan, last day (June 30, 2020): June 30, 2020: EO 2020-110 in force: mandatory remote work; indoor gatherings 10, outdoor 100; theaters, gyms, casinos closed; restaurants 50 percent; face coverings (Ex. MI-031); EO 2020-114 workplace safeguards (Ex. MI-032); EO 2020-115 Regions 6 and 8 Phase 5 (Ex. MI-033); AO 2020-14 phased court return and AO 2020-17 eviction procedures (Exs. MI-025, MI-034); 2020 PA 238 (retroactive) (Ex. MI-057).

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)

Michigan, first day (July 1, 2020): July 1, 2020: EO 2020-110, 2020-114 and 2020-115 (Exs. MI-031 to MI-033); EO 2020-143 indoor bar closure from 11:00 pm July 1 (Ex. MI-036); EO 2020-67 and 2020-68 declarations (Exs. MI-021, MI-022); AO 2020-14, 2020-17, 2020-19 (Exs. MI-025, MI-034, MI-035); 2020 PA 124 social districts (Ex. MI-037).

Michigan, last day (Sept. 30, 2020): September 30, 2020: EO 2020-176 (mandatory remote work outside Regions 6 and 8; indoor gatherings 10, outdoor 100; theaters closed; venues 25 percent) (Ex. MI-044); EO 2020-184 workplace safeguards (Ex. MI-046); EO 2020-153 masks (successor to Ex. MI-039); EO 2020-186 declaration (Ex. MI-048); EO 2020-183 scheduled for October 9 (Ex. MI-045); MDHHS agricultural testing order (Ex. MI-042); AO 2020-14, 2020-17, 2020-19.

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)

Michigan, first day (Oct. 1, 2020): October 1, 2020: EO 2020-176, 2020-184, 2020-185 (scheduled October 5), 2020-186 in force (the Supreme Court decision came October 2; MDHHS order October 5) (Exs. MI-044, MI-046 to MI-050); MIOSHA rules from October 14 (Ex. MI-054); AO 2020-14, 2020-17, 2020-19.

Michigan, last day (Dec. 31, 2020): December 31, 2020: MDHHS Gatherings and Face Mask Order of December 18 (effective December 21): indoor dining closed; all indoor non-residential gatherings prohibited; retail 30 percent; gyms 25 percent; masks (Ex. MI-062); MDHHS residential care, visitation and LTC testing orders (Exs. MI-051, MI-055, MI-058); MIOSHA Emergency Rules (remote-work prohibition) (Ex. MI-054); 2020 PA 236 and 238 (Exs. MI-056, MI-057); AO 2020-14, 2020-17 (as amended December 29), 2020-19.

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)

Michigan, first day (Jan. 1, 2021): January 1, 2021: the December 18, 2020 MDHHS order (indoor dining closed; indoor non-residential gatherings prohibited; retail 30 percent) (Ex. MI-062); MIOSHA rules (Ex. MI-054); residential care orders; 2020 PA 238; AO 2020-14, 2020-17, 2020-19.

Michigan, last day (Mar. 31, 2021): March 31, 2021: MDHHS order of March 2 (effective March 5) as amended March 19 and 31: indoor dining 50 percent, 100 cap, 11 pm close; indoor non-residential gatherings 25; retail 50 percent; masks (Exs. MI-066, MI-067); MIOSHA rules; residential care orders of March 2 and 17, 2021 (successors to Ex. MI-051); 2020 PA 238; AO 2020-14, 2020-17 (as amended March 22), 2020-19.

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)

Michigan, first day (Apr. 1, 2021): April 1, 2021: MDHHS March 2 order regime (Ex. MI-066); MIOSHA rules (Ex. MI-054); residential care orders; 2020 PA 238; court AOs.

Michigan, last day (June 30, 2021): June 30, 2021: the general gathering, capacity and mask orders and the MIOSHA rules ended June 22 (Exs. MI-076, MI-074); in force: MDHHS residential care facilities order of May 21, 2021 (Ex. MI-072), residential care testing order of May 5, 2021 (Ex. MI-070), prisons order of June 25, 2021 (Ex. MI-077), agricultural testing order (Ex. MI-075); 2020 PA 238 (Ex. MI-057); AO 2020-1, 2020-6, 2020-9, 2020-14, 2020-17, 2020-19 (Ex. MI-080).

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)

Michigan, first day (July 1, 2021): July 1, 2021: MDHHS residential care facilities order (May 21, 2021) (Ex. MI-072); residential care testing order (May 5, 2021) (Ex. MI-070); prisons order (June 25, 2021) (Ex. MI-077); agricultural testing order (rescinded that day) (Exs. MI-075, MI-078); 2020 PA 238 (Ex. MI-057); AO 2020-1, 2020-6, 2020-9, 2020-14, 2020-19 (until July 26) and AO 2020-17 as amended July 2, 2021 (Exs. MI-079, MI-080); the federal layer.

Michigan, last day (Sept. 30, 2021): September 30, 2021: MDHHS residential care facilities order (Ex. MI-072) and residential care testing order (Ex. MI-070); prisons order (Ex. MI-077); 2020 PA 238 (Ex. MI-057); AO 2020-17 as amended July 26, 2021 (Ex. MI-080); county health officer school orders: Ottawa (Exs. MI-081, MI-084), Genesee (Ex. MI-082), Kalamazoo (Ex. MI-083) (Berrien's rescinded September 29, Ex. MI-085); Sec. 250 of 2021 PA 87 enacted September 29 (Ex. MI-086); Detroit-metro county orders; the federal layer.

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 Michigan	33	24	26	17	23	21	81
Agencies, boards and authorities	19	13	16	15	19	2	39
Standing duties	45	49	52	46	51	46	65
All layers	276	249	254	253	258	236	515

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 Michigan

Ex. MI-017

Executive Order 2020-42

Temporary requirement to suspend activities that are not necessary to sustain or protect life (extended and tightened Stay Home, Stay Safe)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 9, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capTravel and quarantine
Functions reached: all in-person functions of non-critical businesses; SF sales floor (occupancy and department closures); LG lodging (short-term rentals banned); TV in-state travel; CB customer base; GATH gatherings; OP office work
Grade: Primary source read
Days in this quarter: 22

1. This order must be construed broadly to prohibit in-person work that is not necessary to sustain or protect life. 2. Subject to the exceptions in section 7 of this order, all individuals currently living within the State of Michigan are ordered to stay at home or at their place of residence. Subject to the same exceptions, all public and private gatherings of any number of people occurring among persons not part of a single household are prohibited.... 7(b)(3) [travel] Between two residences in this state, through April 10, 2020. After that date, travel between two residences is not permitted.... (c) All other travel is prohibited, including all travel to vacation rentals.... 11(d) For stores of more than 50,000 square feet: (1) Limit the number of customers in the store at one time (excluding employees) to 4 people per 1,000 square feet of customer floor space. (2) Close areas of the…

Enforcement: § 17: 'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.'

Citation: Governor Gretchen Whitmer, Executive Order 2020-42 (Apr. 9, 2020) (Ex. MI-017) Open the exhibit

Ex. MI-028

Executive Order 2020-92

Temporary requirement to suspend activities that are not necessary to sustain or protect life (Regions 6 and 8 partial reopening)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from May 18, 2020 to May 28, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateCapacity limitGathering cap
Functions reached: OP office (remote work mandate: office work permitted only to the extent not capable of remote performance); SF retail; DR dining (50 percent); all other regions remain under stay-home
Grade: Primary source read
Days in this quarter: 11

12. For Regions 6 and 8, beginning at 12:01 am on May 22, workers necessary to perform retail activities.... 13. For Regions 6 and 8, beginning at 12:01 am on May 22, workers who work in an office setting, but only to the extent that such work is not capable of being performed remotely. 14. For Regions 6 and 8, beginning at 12:01 am on May 22, workers in restaurants or bars, subject to the capacity constraints and workplace standards described in Executive Order 2020-91.... 18. This order takes effect immediately... and continues through May 28, 2020 at 11:59 pm. Executive Orders 2020-77 and 2020-90 are rescinded.

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

Citation: Governor Gretchen Whitmer, Executive Order 2020-92 (May 18, 2020) (Ex. MI-028) Open the exhibit

Ex. MI-030

Executive Order 2020-96

Temporary requirement to suspend activities that are not necessary to sustain or protect life (retail and auto showrooms by appointment May 26; non-essential medical and dental procedures resume May 29)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from May 21, 2020 to May 28, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capHealth care orders
Functions reached: SR showroom (appointment only); SF sales floor (appointment only); SX and PR elective procedures (suspension ends May 29); OP office; CB customer base
Grade: Primary source read
Days in this quarter: 8

[Recital:] permitting retailers and motor vehicle dealerships to see customers by appointment, beginning on May 26, 2020.... [rescinding EO 2020-17 on non-essential medical and dental procedures:] Those rescissions will take effect on May 29.... 11(p) Beginning at 12:01 am on May 26, 2020, workers at motor vehicle dealerships, provided that showrooms are open only by appointment. (q) Beginning at 12:01 am on May 26, 2020, workers necessary to perform retail activities, provided that stores are open only by appointment... 18. This order takes effect immediately... and continues through May 28, 2020 at 11:59 pm.

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

Citation: Governor Gretchen Whitmer, Executive Order 2020-96 (May 21, 2020) (Ex. MI-030) Open the exhibit

Ex. MI-020

Executive Order 2020-59

Temporary requirement to suspend activities that are not necessary to sustain or protect life (Stay Home, Stay Safe; first face-covering requirement)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 24, 2020 to May 15, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateGathering capFace-covering requirementTravel and quarantine
Functions reached: all in-person functions of non-critical businesses; LS landscaping and garden retail (reopened); SF sales floor; CB customer base; WF workforce
Grade: Primary source read
Days in this quarter: 22

15. Effective on April 26, 2020 at 11:59 pm: (a) Any individual able to medically tolerate a face covering must wear a covering over his or her nose and mouth--such as a homemade mask, scarf, bandana, or handkerchief--when in any enclosed public space. (b) All businesses and operations whose workers perform in-person work must, at a minimum, provide non-medical grade face coverings to their workers.... 18. This order takes effect immediately, unless otherwise specified in this order, and continues through May 15, 2020 at 11:59 pm. Executive Order 2020-42 is rescinded.

Enforcement: § 20: willful violation a misdemeanor (MCL 10.33; MCL 30.405(3))

Citation: Governor Gretchen Whitmer, Executive Order 2020-59 (Apr. 24, 2020) (Ex. MI-020) Open the exhibit

Ex. MI-024

Executive Order 2020-70 (May 1, 2020), sec. 11(h)

Temporary requirement to suspend activities that are not necessary to sustain or protect life (MI Safe Start: construction, real estate and outdoor work resume May 7)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from May 1, 2020 to May 15, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateGathering capFace-covering requirement
Functions reached: JS job sites (conditional resumption); SH showings and AP appraisals (by appointment, four persons); all other non-critical in-person functions remain suspended
Grade: Primary source read
Days in this quarter: 15

1. This order must be construed broadly to prohibit in-person work that is not necessary to sustain or protect life.... 11(g) Effective at 12:01 am on May 7, 2020, workers in the construction industry, including workers in the building trades... 11(h) Effective at 12:01 am on May 7, 2020, workers in the real-estate industry, including agents, appraisers, brokers, inspectors, surveyors, and registers of deeds, provided that any showings, inspections, appraisals, photography or videography, or final walk-throughs must be performed by appointment and must be limited to no more than four people on the premises at any one time.... 18. This order takes effect immediately... and continues through May 15, 2020 at 11:59 pm. Executive Order 2020-59 is rescinded.

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

Citation: Governor Gretchen Whitmer, Executive Order 2020-70 (May 1, 2020), sec. 11(h) (Ex. MI-024) Open the exhibit

Ex. MI-031

Executive Order 2020-110

Temporary restrictions on certain events, gatherings, and businesses (MI Safe Start; rescission of the stay-home order)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from June 1, 2020 to July 31, 2020
Quarters: 2020 Q22020 Q3
Limitations: Business closureTelework mandateCapacity limitGathering capFace-covering requirementEvents and venues
Functions reached: OP office (statewide remote-work mandate); GATH events (10 indoor / 100 outdoor); DR dining room (50 percent); SF sales floor (reopened June 4 under EO 2020-97 rules); SL personal care (closed until June 15); FC fitness (closed); PE performances (closed); CB customer base
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

2. Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely.... 5. Indoor social gatherings and events among persons not part of a single household are permitted, but may not exceed 10 people.... [retail stores] must remain closed to the public (or open only by appointment) until June 4 at 12:01 am.... 12. Subject to the exceptions in section 14, the following places are closed to ingress, egress, use, and occupancy by members of the public: 1. Indoor theaters, cinemas, and performance venues. 2. Indoor gymnasiums, fitness centers, recreation centers, sports facilities, exercise facilities, exercise studios... 3. Facilities offering non-essential personal care services, including hair, nail, tanning, massage, traditional spa, tattoo, body art, and piercing services... 4. Casinos... 13....…

Enforcement: Willful violation a misdemeanor (MCL 10.33; MCL 30.405(3)); businesses 'permitted to deny entry or access to any individual who refuses to wear a face covering'

Citation: Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. MI-031) Open the exhibit

Ex. MI-033

Executive Order 2020-115

Temporary restrictions on certain events, gatherings, and businesses (Regions 6 and 8 to Phase 5; statewide personal care reopening June 15)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from June 10, 2020 to July 31, 2020 (issued June 5, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Business closureCapacity limitGathering capEvents and venues
Functions reached: SL personal care (reopens June 15 statewide); FC gyms, PE theaters (Regions 6 and 8 only, June 10); GATH events (50 indoor / 250 outdoor in Regions 6 and 8; 10 / 100 elsewhere)
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

2. As of 12:01 am on June 15, 2020, subsection 12(c) of Executive Order 2020-110, which restricts the operation of facilities offering non-essential personal care services, is rescinded. 3. As of 12:01 am on June 10, 2020, individuals and businesses in Regions 6 and 8 are no longer subject to Executive Order 2020-110... 7(a)(1) A social gathering or organized event among persons not part of the same household is permitted, but only to the extent that:... 2. If it is indoors, the gathering or event does not exceed 50 people. 3. If it is outdoors, the gathering or event does not exceed 250 people.

Enforcement: § 15: 'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.'

Citation: Governor Gretchen Whitmer, Executive Order 2020-115 (June 5, 2020) (Ex. MI-033) Open the exhibit

Ex. MI-014

MDHHS Emergency Order under MCL 333.2253 incorporating the Governor's executive orders into the epidemic finding

Order incorporating Executive Orders into the MDHHS epidemic finding

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

Dates: In force from Apr. 2, 2020 to Oct. 26, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Emergency declarationStay-at-homeBusiness closure
Functions reached: all functions reached by the incorporated Governor orders
Grade: Confirmed from a secondary source
Days in this quarter: 90 (in force on the last day)

Enforcement: MCL 333.2261: violation of an MDHHS epidemic order is a misdemeanor punishable by up to 6 months' imprisonment or a $200 fine, or both (as recited in the MDHHS orders of Oct. 29, 2020 and Jan. 13, 2021)

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253 incorporating the Governor's executive orders into the epidemic finding (Apr. 2, 2020) (Ex. MI-014)

Ex. MI-025

Administrative Order No. 2020-14

Continued Status Quo Court Operations and Phased Return to Full Court Operations

Michigan Supreme Court, Michigan (Court)

Dates: In force from May 6, 2020 to July 26, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Capacity limitGathering capCourts and public offices
Functions reached: CT courts, clerks and public offices; CL closings, probate and title; SV evictions, collections and foreclosures; PJ litigation-dependent work
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

courts must adhere to the phased return to operations as determined by policy guidelines established by the State Court Administrative Office. Such policies will include but may not be limited to: Continued use and expansion of remote hearings as practicable... including increased remote work by employees. Continued limited access to courtrooms and other spaces to no more than 10 persons, including staff. Imposition of social distancing practices of at least 6 feet for both employees and visitors. Limited in-person court activity to essential functions that cannot be conducted remotely.... Courts must maintain their current level of operations until SCAO approves a court's plan to expand in-court proceedings.... These conditions remain in effect until further order of the Court.

Enforcement: Superintending control; SCAO gating approval required before any court expanded in-person proceedings

Citation: Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025) Open the exhibit

Ex. MI-029

MDHHS Emergency Order reinforcing the Governor's executive orders

Epidemic order reinforcing Executive Orders (May 18, 2020; re-issued May 27, 2020 and in the late-July 2020 omnibus order)

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

Dates: In force from May 18, 2020 to Oct. 26, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Emergency declarationStay-at-homeBusiness closureWorkplace rules
Functions reached: all functions reached by the incorporated Governor orders
Grade: Confirmed from a secondary source
Days in this quarter: 44 (in force on the last day)

Enforcement: MCL 333.2261 misdemeanor; MCL 333.2262 civil penalties

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order reinforcing the Governor's executive orders (May 18, 2020) (Ex. MI-029)

Ex. MI-002

Executive Order 2020-5

Temporary prohibition on large assemblages and events, temporary school closures

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Mar. 13, 2020 to Mar. 17, 2020
Quarters: 2020 Q2
Limitations: Gathering capSchools and child care
Functions reached: GATH events; WF workforce (schools closed); MK marketing events
Grade: Confirmed from a secondary source
Days in this quarter: 5 (in force on the first day)

As recited in EO 2020-11: 'Executive Order 2020-5 imposed such restrictions [on events and assemblages].... This order does not change the scope of temporary restrictions imposed by Executive Order 2020-5 as to the closure of elementary school buildings and secondary school buildings.'

Enforcement: MCL 10.33; MCL 30.405(3) (willful violation a misdemeanor), as in EO 2020-11 § 3

Citation: Governor Gretchen Whitmer, Executive Order 2020-5 (Mar. 13, 2020) (Ex. MI-002) Open the exhibit

Ex. MI-005

Executive Order 2020-9

Temporary restrictions on the use of places of public accommodation

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Mar. 16, 2020 to Mar. 30, 2020
Quarters: 2020 Q2
Limitations: Business closureAlcohol and barsEvents and venues
Functions reached: DR dining room; BA bar; PE performances; FC fitness facilities; AM amusement; CB customer base
Grade: Primary source read
Days in this quarter: 15

Beginning as soon as possible but no later than March 16, 2020 at 3:00 pm, and continuing until March 30, 2020 at 11:59 pm, the following places of public accommodation are closed to ingress, egress, use, and occupancy by members of the public: (a) Restaurants, food courts, cafes, coffeehouses, and other places of public accommodation offering food or beverage for on-premises consumption; (b) Bars, taverns, brew pubs, breweries, microbreweries, distilleries, wineries, tasting rooms, special licensees, clubs, and other places of public accommodation offering alcoholic beverages for on-premises consumption; (c) Hookah bars, cigar bars, and vaping lounges...; (d) Theaters, cinemas, and indoor and outdoor performance venues; (e) Libraries and museums; (f) Gymnasiums, fitness centers, recreation centers, indoor sports facilities, indoor exercise facilities, exercise studios, and spas; (g)…

Enforcement: § 6: 'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.'

Citation: Governor Gretchen Whitmer, Executive Order 2020-9 (Mar. 16, 2020) (Ex. MI-005) Open the exhibit

Ex. MI-007

Executive Order 2020-11

Temporary prohibition on large assemblages and events, temporary school closures

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Mar. 17, 2020 to Apr. 5, 2020 (issued Mar. 16, 2020)
Quarters: 2020 Q2
Limitations: Gathering capSchools and child care
Functions reached: GATH events; MK trade shows and conferences; WF workforce (schools closed); WS worship (assemblages)
Grade: Primary source read
Days in this quarter: 20

1. Beginning on March 17, 2020 at 9:00 am, and continuing through April 5, 2020 at 5:00 pm, all assemblages of more than 50 people in a single indoor shared space and all events of more than 50 people are prohibited in this state.... 2. Beginning on March 16, 2020, all elementary school buildings and secondary school buildings in this state must close to students for educational purposes through April 5, 2020. This requirement includes all public, nonpublic, and boarding schools in the state.

Enforcement: § 3: 'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order shall constitute a misdemeanor.'

Citation: Governor Gretchen Whitmer, Executive Order 2020-11 (Mar. 16, 2020) (Ex. MI-007) Open the exhibit

Ex. MI-008

Administrative Order No. 2020-2

Order Limiting Activities/Assemblages in Court Facilities

Michigan Supreme Court, Michigan (Court)

Dates: In force from Mar. 18, 2020 to June 26, 2020
Quarters: 2020 Q2
Limitations: Gathering capCourts and public offices
Functions reached: CT courts; CL closings and title work dependent on court records; SV evictions and collections
Grade: Primary source read
Days in this quarter: 101

trial courts are ordered to limit access to courtrooms and other spaces to no more than 10 persons, including staff, and to practice social distancing and limit court activity to only essential functions... All criminal jury trials shall be adjourned until after April 3, 2020.

Enforcement: Superintending control; SCAO supervision

Citation: Michigan Supreme Court, Administrative Order No. 2020-2 (Mar. 18, 2020) (Ex. MI-008) Open the exhibit

Ex. MI-010

Executive Order 2020-20

Temporary restrictions on the use of places of public accommodation

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Mar. 22, 2020 to Apr. 13, 2020 (issued Mar. 21, 2020)
Quarters: 2020 Q2
Limitations: Business closureAlcohol and barsEvents and venues
Functions reached: SL salon and personal care; DR dining room; BA bar; FC fitness; PE performances
Grade: Primary source read
Days in this quarter: 23

Beginning as soon as possible but no later than March 22, 2020 at 9:00 am, and continuing until April 13, 2020 at 11:59 pm, the following places of public accommodation are closed to ingress, egress, use, and occupancy by members of the public:... (f) Gymnasiums, fitness centers, recreation centers, indoor sports facilities, indoor exercise facilities, exercise studios, and facilities offering non-essential personal care services... 'Non-essential personal care services' includes but is not limited to hair, nail, tanning, massage, traditional spa, tattoo, body art, and piercing services.

Enforcement: § 6: willful violation a misdemeanor (MCL 10.33; MCL 30.405(3))

Citation: Governor Gretchen Whitmer, Executive Order 2020-20 (Mar. 21, 2020) (Ex. MI-010) Open the exhibit

Ex. MI-018

Executive Order 2020-43

Temporary restrictions on the use of places of public accommodation

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 13, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Business closureAlcohol and barsEvents and venues
Functions reached: DR; BA; SL; FC; PE; AM; CB
Grade: Primary source read
Days in this quarter: 18

1. Effective immediately and continuing until April 30, 2020 at 11:59 pm, the following places of public accommodation are closed to ingress, egress, use, and occupancy by members of the public [restaurants, bars, hookah and cigar bars, theaters and performance venues, libraries and museums, gymnasiums and fitness facilities and facilities offering non-essential personal care services, casinos, and similar places].... 8. Executive Order 2020-20 is rescinded.

Enforcement: § 7: willful violation a misdemeanor (MCL 10.33; MCL 30.405(3))

Citation: Governor Gretchen Whitmer, Executive Order 2020-43 (Apr. 13, 2020) (Ex. MI-018) Open the exhibit

Ex. MI-023

Executive Order 2020-69

Temporary restrictions on the use of places of public accommodation

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 30, 2020 to May 28, 2020
Quarters: 2020 Q2
Limitations: Business closureAlcohol and barsEvents and venues
Functions reached: DR; BA; SL; FC; PE; AM; CB
Grade: Primary source read
Days in this quarter: 29

1. Effective immediately and continuing until May 28, 2020 at 11:59 pm, the following places of public accommodation are closed to ingress, egress, use, and occupancy by members of the public... 8. Executive Order 2020-43 is rescinded.

Enforcement: § 7: willful violation a misdemeanor (MCL 10.33; MCL 30.405(3))

Citation: Governor Gretchen Whitmer, Executive Order 2020-69 (Apr. 30, 2020) (Ex. MI-023) Open the exhibit

Ex. MI-032

Executive Order 2020-114

Safeguards to protect Michigan's workers from COVID-19

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from June 5, 2020 to July 9, 2020
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitFace-covering requirementWorkplace rules
Functions reached: SF sales floor (25 percent); DR dining room (50 percent); OP office; SL personal care (rules for June 15 reopening); HR screening
Grade: Primary source read
Days in this quarter: 26 (in force on the last day)

[Retail:] limit the number of customers in the store (including employees) to 25% of the total occupancy limits established by the State Fire Marshal or a local fire marshal... [Restaurants and bars:] 1. Limit capacity to 50% of normal seating.... [Offices:] Require face coverings in shared spaces, including during in-person meetings and in restrooms and hallways.... [All employers:] Require face coverings to be worn when employees cannot consistently maintain six feet of separation.

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

Citation: Governor Gretchen Whitmer, Executive Order 2020-114 (June 5, 2020) (Ex. MI-032) Open the exhibit

Ex. MI-001

Executive Order 2020-4

Declaration of State of Emergency

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Mar. 10, 2020 to Apr. 1, 2020
Quarters: 2020 Q2
Limitations: Emergency declaration
Functions reached: predicate for all functions
Grade: Confirmed from a secondary source
Days in this quarter: 20 (in force on the first day)

As recited in EO 2020-33: 'On March 10, 2020, I issued Executive Order 2020-4, which declared a state of emergency in Michigan to address the COVID-19 pandemic.' As recited in EO 2020-186: the declaration 'was based on multiple independent authorities: section 1 of article 5 of the Michigan Constitution of 1963, the Emergency Management Act... and the Emergency Powers of the Governor Act of 1945.'

Enforcement: Predicate for the misdemeanor penalty recited in every successor order (MCL 10.33; MCL 30.405(3))

Citation: Governor Gretchen Whitmer, Executive Order 2020-4 (Mar. 10, 2020) (Ex. MI-001)

Ex. MI-003

Executive Order 2020-7

Temporary restrictions on entry into health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Mar. 14, 2020 to Apr. 5, 2020
Quarters: 2020 Q2
Limitations: Health care ordersOther
Functions reached: VS visitation and access; CB patient and family access; HR vendors and contractors' facility access
Grade: Primary source read
Days in this quarter: 23

Effective immediately and continuing through April 5, 2020 at 5:00 pm, all health care facilities, residential care facilities, congregate care facilities, and juvenile justice facilities must prohibit from entering their facilities any visitors that: are not necessary for the provision of medical care, the support of activities of daily living, or the exercise of power of attorney or court-appointed guardianship for an individual under the facility's care; are not a parent, foster parent, or guardian of an individual who is 21 years of age or under and who is under the facility's care; are not visiting an individual under the facility's care that is in serious or critical condition or in hospice care; and are not visiting under exigent circumstances or for the purpose of performing official governmental functions.

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

Citation: Governor Gretchen Whitmer, Executive Order 2020-7 (Mar. 14, 2020) (Ex. MI-003) Open the exhibit

Ex. MI-004

Administrative Order No. 2020-1

In re Emergency Procedures in Court Facilities

Michigan Supreme Court, Michigan (Court)

Dates: In force from Mar. 15, 2020 to July 26, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT courts and clerks; CL closings and recordings dependent on court process; SV collections, evictions and foreclosures
Grade: Primary source read
Days in this quarter: 108 (in force on the last day)

each trial court judge may implement emergency measures regarding court operations to enable continued service while also mitigating the risk of further transmission of the virus.... 1. Trial courts may adjourn any civil matters and any criminal matters where the defendant is not in custody;... 2. In civil cases, trial courts should maximize the use of technology to enable and/or require parties to participate remotely.

Enforcement: Binding on all trial courts under the Court's superintending control; noncompliance addressed by SCAO and the Court

Citation: Michigan Supreme Court, Administrative Order No. 2020-1 (Mar. 15, 2020) (Ex. MI-004) Open the exhibit

Ex. MI-006

Executive Order 2020-10

Temporary expansions in unemployment eligibility and cost-sharing

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Mar. 16, 2020 to Apr. 14, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: WF workforce availability (quarantine and child-care leave recognized)
Grade: Primary source read
Days in this quarter: 30

Effective immediately, and continuing until April 14, 2020 at 11:59 pm, strict compliance with subdivision (a)... of section 28(1) of the Michigan Employment Security Act... is temporarily suspended... [extending benefits to workers who are sick, quarantined, immunocompromised, or caring for family members or children whose schools or child care have closed].

Enforcement: Administered by the Unemployment Insurance Agency

Citation: Governor Gretchen Whitmer, Executive Order 2020-10 (Mar. 16, 2020) (Ex. MI-006) Open the exhibit

Ex. MI-009

Executive Order 2020-17

Temporary restrictions on non-essential medical and dental procedures

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Mar. 21, 2020 to May 29, 2020 (issued Mar. 20, 2020)
Quarters: 2020 Q2
Limitations: Health care orders
Functions reached: SX surgery and elective procedures; PR dental procedures; OC outpatient clinics; CB patients; SC dental laboratories
Grade: Primary source read
Days in this quarter: 70

Beginning as soon as possible but no later than March 21, 2020 at 5:00 pm, and continuing while the state of emergency declared in Executive Order 2020-4 is in effect, all hospitals, freestanding surgical outpatient facilities, and dental facilities, and all state-operated outpatient facilities (collectively, 'covered facilities'), must implement a plan to temporarily postpone, until the termination of the state of emergency under section 3 of Executive Order 2020-4, all non-essential procedures... 'non-essential procedure' means a medical or dental procedure that is not necessary to address a medical emergency or to preserve the health and safety of a patient, as determined by a licensed medical provider.

Enforcement: § 7: 'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.' § 6: LARA director to issue implementing orders.

Citation: Governor Gretchen Whitmer, Executive Order 2020-17 (Mar. 20, 2020) (Ex. MI-009) Open the exhibit

Ex. MI-012

Secretary of State branch office closure (Mar. 24, 2020)

Temporary closure of all Secretary of State offices

Michigan Department of State (Secretary of State Jocelyn Benson), Michigan (Sector regulator)

Dates: In force from Mar. 24, 2020 to June 1, 2020
Quarters: 2020 Q2
Limitations: Courts and public offices
Functions reached: DM titles and registrations; FI dealer finance; HR CDL and driver licensing; CL closings requiring notarized title work
Grade: Primary source read
Days in this quarter: 70

To slow the spread of the coronavirus, all Secretary of State offices are temporarily closed as of Tuesday, March 24, until further notice.... All transactions that cannot ordinarily be completed online will be temporarily suspended.... All Secretary of State offices will be closed through the duration of Governor Whitmer's Stay Home, Stay Safe Executive Order.

Enforcement: Administrative closure (no in-person transactions available)

Citation: Michigan Department of State (Secretary of State Jocelyn Benson), Secretary of State branch office closure (Mar. 24, 2020) (Ex. MI-012) Open the exhibit

Ex. MI-013

Executive Order 2020-33

Expanded emergency and disaster declaration

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 1, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Emergency declaration
Functions reached: predicate for all functions
Grade: Primary source read
Days in this quarter: 30

On March 10, 2020, I issued Executive Order 2020-4, which declared a state of emergency in Michigan to address the COVID-19 pandemic.... [This order] declared both a state of emergency and a state of disaster across the state of Michigan.... 4. Executive Order 2020-4 is rescinded and replaced. All previous orders that rested on Executive Order 2020-4 now rest on this order.

Enforcement: Predicate for MCL 10.33 / MCL 30.405(3) penalties in the successor orders

Citation: Governor Gretchen Whitmer, Executive Order 2020-33 (Apr. 1, 2020) (Ex. MI-013) Open the exhibit

Ex. MI-015

Executive Order 2020-35

Provision of K-12 education during the remainder of the 2019-2020 school year

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 2, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: WF workforce (parents of 1.5 million pupils); IN in-person instruction; EC child care; TR school transport; FS school food service; AC athletics
Grade: Primary source read
Days in this quarter: 90 (in force on the last day)

Except as provided in section III of this order, in-person instruction for pupils in kindergarten through grade 12 ('K-12') is suspended for the remainder of the 2019-2020 school year and school buildings used for the provision of K-12 education must remain closed for the purpose of providing K-12 education in person for the remainder of the 2019-2020 school year... K-12 school sports activities and other in-person extracurricular school activities are suspended... This order is effective immediately and continues through the end of the 2019-2020 school year.

Enforcement: Binding on districts as a condition of State aid and under MCL 10.33 / MCL 30.405(3)

Citation: Governor Gretchen Whitmer, Executive Order 2020-35 (Apr. 2, 2020) (Ex. MI-015) Open the exhibit

Ex. MI-016

Administrative Order No. 2020-6

Order Expanding Authority for Judicial Officers to Conduct Proceedings Remotely

Michigan Supreme Court, Michigan (Court)

Dates: In force from Apr. 7, 2020 to July 26, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT courts; CL closings and probate; SV collections
Grade: Primary source read
Days in this quarter: 85 (in force on the last day)

The purpose of the order is to empower our courts and judges to meet this challenge by allowing them to use innovative ways to conduct court business remotely... [judicial officers] are authorized to conduct any proceedings remotely (whether physically present in the courtroom or not) using two-way interactive videoconferencing technology or other remote participation tools.

Enforcement: Superintending control

Citation: Michigan Supreme Court, Administrative Order No. 2020-6 (Apr. 7, 2020) (Ex. MI-016)

Ex. MI-019

Administrative Order No. 2020-10

Delay of Jury Trials

Michigan Supreme Court, Michigan (Court)

Dates: In force from Apr. 23, 2020 to June 22, 2020
Quarters: 2020 Q2
Limitations: Courts and public offices
Functions reached: CT courts (jury trials); PJ litigation-dependent projects
Grade: Primary source read
Days in this quarter: 61

all jury trials are delayed for a period of 60 days from the date of this administrative order (until June 22, 2020), or as otherwise provided for by local order, whichever date is later.... This order shall remain in effect through June 22, 2020, or until further order of the Court.

Enforcement: Superintending control

Citation: Michigan Supreme Court, Administrative Order No. 2020-10 (Apr. 23, 2020) (Ex. MI-019)

Ex. MI-021

Executive Order 2020-67

Declaration of state of emergency under the Emergency Powers of the Governor Act

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 30, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Emergency declaration
Functions reached: predicate for all functions
Grade: Primary source read
Days in this quarter: 62 (in force on the last day)

1. A state of emergency remains declared across the State of Michigan under the Emergency Powers of the Governor Act of 1945, 1945 PA 302, as amended, MCL 10.31 et seq. 2. This order is effective immediately and continues through May 28, 2020 at 11:59 pm.... 4. Executive Order 2020-33 is rescinded and replaced. All previous orders that rested on Executive Order 2020-33 now rest on this order.

Enforcement: Predicate for MCL 10.33 penalties

Citation: Governor Gretchen Whitmer, Executive Order 2020-67 (Apr. 30, 2020) (Ex. MI-021) Open the exhibit

Ex. MI-022

Executive Order 2020-68

Declaration of state of emergency and state of disaster under the Emergency Management Act

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 30, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Emergency declaration
Functions reached: predicate for all functions
Grade: Primary source read
Days in this quarter: 62 (in force on the last day)

1. I now declare a state of emergency and a state of disaster across the State of Michigan under the Emergency Management Act.... 3. This order is effective immediately and continues through May 28, 2020 at 11:59 pm.... 5. All previous orders that rested on Executive Order 2020-33 now rest on this order.

Enforcement: Predicate for MCL 30.405(3) penalties

Citation: Governor Gretchen Whitmer, Executive Order 2020-68 (Apr. 30, 2020) (Ex. MI-022) Open the exhibit

Ex. MI-034

Administrative Order No. 2020-17

Continuation of Alternative Procedures for Landlord/Tenant Cases

Michigan Supreme Court, Michigan (Court)

Dates: In force from June 9, 2020 to June 24, 2020
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management (eviction process stayed and re-sequenced); SV servicing and collections; CT courts
Grade: Primary source read
Days in this quarter: 16

[As amended July 2, 2021:] directing courts to process landlord/tenant cases following the procedures outlined in this order. (A) All local administrative orders requiring a written answer pursuant to MCL 600.5735(4) are temporarily suspended.... (B) At the initial hearing noticed by the summons, the court must conduct a pretrial hearing consistent with SCAO guidance... [the court] must stay further proceedings after the pretrial hearing is conducted and not [issue a judgment] where a party has applied for COVID Emergency Rental Assistance (CERA) and notifies the court of the application... This order is effective immediately until further order of the Court.

Enforcement: Superintending control; binding procedure in every summary proceeding

Citation: Michigan Supreme Court, Administrative Order No. 2020-17 (June 9, 2020) (Ex. MI-034)

Ex. MI-035

Administrative Order No. 2020-19

Continuing Order Regarding Court Operations

Michigan Supreme Court, Michigan (Court)

Dates: In force from June 26, 2020 to July 26, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT courts (jury trials only in Phase 3 courts); CL; SV; PJ
Grade: Primary source read
Days in this quarter: 5 (in force on the last day)

1. Administrative Order No. 2020-2 is rescinded, with the expectation that courts shall continue to process those cases listed as essential functions in addition to other cases as courts return to full capacity under the terms of Administrative Order No. 2020-14. Courts that have progressed to Phase 3 under the Return to Full Capacity guidance document under Administrative Order No. 2020-14 shall begin holding jury trials using trial standards approved by the State Court Administrative Office.... 2. Courts shall continue to expand the use of remote participation technology (video or telephone) as much as possible... This order is effective until further order of the Court.

Enforcement: Superintending control

Citation: Michigan Supreme Court, Administrative Order No. 2020-19 (June 26, 2020) (Ex. MI-035)

Ex. MI-057

2020 PA 238

COVID-19 Employment Rights Act

Michigan Legislature (2020 PA 238, approved by the Governor), Michigan (State)

Dates: In force from Oct. 22, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolationOther
Functions reached: WF workforce availability (statutory exclusion of positive, symptomatic and exposed workers from the workplace); HR
Grade: Primary source read
Days in this quarter: 0

Sec. 5. (1) An employee who tests positive for COVID-19 or displays the principal symptoms of COVID-19 shall not report to work until all of the following conditions are met: (a) If the employee has a fever, 24 hours have passed since the fever has stopped without the use of fever-reducing medications. (b) Ten days have passed since either of the following, whichever is later: (i) The date the employee's symptoms first appeared. (ii) The date the employee received the test that yielded a positive result for COVID-19. (c) The employee's principal symptoms of COVID-19 have improved. (2) Except as provided in subsection (3), an employee who has close contact with an individual who tests positive for COVID-19 or with an individual who displays the principal symptoms of COVID-19 shall not report to work until 1 of the following conditions is met: (a) Fourteen days have passed since the…

Enforcement: Sec. 3: employer shall not discharge, discipline or retaliate against an employee who stays home under the act; Sec. 7: civil action for injunctive relief and damages of not less than $5,000

Citation: Michigan Legislature (2020 PA 238, approved by the Governor), 2020 PA 238 (Oct. 22, 2020) (Ex. MI-057) Open the exhibit

Agencies, boards and authorities: Michigan

Ex. AGY-ST-INSURANCE-BANKING-079

Bulletin 2020-11-BT/CF/CU

Executive Order 2020-21: Essential Financial Services

Anita G. Fox, Director, Department of Insurance and Financial Services, Michigan; Department of Insurance and Financial Services (State banking, credit union, consumer finance and insurance regulator) (Sector regulator)

Dates: In force from Mar. 24, 2020 to Apr. 10, 2020 (issued Mar. 30, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateWorkplace rules
Functions reached: BR branches (in-person work limited to critical infrastructure functions under the order's conditions); OP office and telework ('work is to be done remotely to the fullest extent possible'); WF workforce; CL/ML/SV lending and servicing functions (designated essential)
Grade: Primary source read
Days in this quarter: 18

Whitmer issued Executive Order 2020-21, directing Michigan residents to remain at home or in their place of residence, with limited exceptions. Executive Order 2020-21 took effect on March 24, 2020 at 12:01 a.m. Executive Order 2020-21 broadly prohibits in-person work with a narrow exception for critical infrastructure workers to continue in-person work in certain sectors necessary to sustain or to protect life. These workers [include the financial services workers described in the CISA guidance] referenced in Executive Order 2020-21... [This bulletin identifies the workers who fall within] 'financial services' as used in the Executive Order. Consistent with Executive Order 2020-21, work is to be done remotely to the fullest extent possible, and in-person work is permitted only in accordance with social [distancing and mitigation measures].

Enforcement: Executive Order 2020-21 (willful violation a misdemeanor under MCL 10.33 and 30.405(3)); DIFS supervisory authority

Citation: Anita G. Fox, Director, Department of Insurance and Financial Services, Bulletin 2020-11-BT/CF/CU (Mar. 30, 2020) (Ex. AGY-ST-INSURANCE-BANKING-079) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-089

Bulletin 2020-12-INS

Executive Order 2020-21 (application to insurance entities)

Anita G. Fox, Director, Michigan; Department of Insurance and Financial Services (Sector regulator)

Dates: In force from Mar. 24, 2020 to Apr. 10, 2020 (issued Mar. 30, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateWorkplace rules
Functions reached: IN insurers, agencies and adjusters (in-person operations conditioned; remote work); OP; WF
Grade: Primary source read
Days in this quarter: 18

Whitmer issued Executive Order 2020-21, directing Michigan residents to remain at home or in their place of residence, with limited exceptions. Executive Order 2020-21 takes effect on March 24, 2020 at 12:01 [a.m.]... Executive Order 2020-21 allows critical infrastructure workers to continue work. These workers include [those in the insurance industry, whose work may be performed in person] or remotely. This includes insurance companies, health maintenance organizations, third party administrators, nonprofit dental care corporations, producers, adjusters, and any workers necessary to the [insurance industry]... Any in-person business operations must abide by all applicable conditions in Executive Order 2020-21

Enforcement: Executive Order 2020-21 (misdemeanor, MCL 10.33, 30.405(3)); MCL 500.200 et seq.

Citation: Anita G. Fox, Director, Bulletin 2020-12-INS (Mar. 30, 2020) (Ex. AGY-ST-INSURANCE-BANKING-089) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-090

Bulletin 2020-13-BT/CF/CU

Executive Order 2020-42: Essential Financial Services

Anita G. Fox, Director, Michigan; Department of Insurance and Financial Services (Sector regulator)

Dates: In force from Apr. 9, 2020 to Apr. 30, 2020 (issued Apr. 10, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateWorkplace rules
Functions reached: BR; OP telework; WF; CL/ML/SV
Grade: Primary source read
Days in this quarter: 22

On April 9, 2020, Governor Whitmer issued Executive Order 2020-42, which rescinded Executive Order 2020-[21 and extended the stay-home order through April 30, 2020, with additional restrictions on in-person work and on the operations of businesses permitted to remain open].

Enforcement: Executive Order 2020-42 (misdemeanor); DIFS supervision

Citation: Anita G. Fox, Director, Bulletin 2020-13-BT/CF/CU (Apr. 10, 2020) (Ex. AGY-ST-INSURANCE-BANKING-090) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-091

Bulletin 2020-14-INS

Executive Order 2020-42 (application to insurance entities; supersedes Bulletin 2020-12-INS)

Anita G. Fox, Director, Michigan; Department of Insurance and Financial Services (Sector regulator)

Dates: In force from Apr. 9, 2020 to Apr. 24, 2020 (issued Apr. 10, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateWorkplace rules
Functions reached: IN insurers, agencies, adjusters; OP; WF
Grade: Primary source read
Days in this quarter: 16

On April 9, 2020, Governor Whitmer issued Executive Order 2020-42, which rescinded Executive Order 2020-[21]... In accordance with Executive Order 2020-42, DIFS Bulletin 2020-12-INS, issued on March 30, 2020, is [superseded by this bulletin, which restates the conditions on in-person insurance operations under the new order].

Enforcement: Executive Order 2020-42 (misdemeanor); MCL 500.200 et seq.

Citation: Anita G. Fox, Director, Bulletin 2020-14-INS (Apr. 10, 2020) (Ex. AGY-ST-INSURANCE-BANKING-091) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-080

Bulletin 2020-21-BT/CF/CU

Executive Order 2020-59: Essential Financial Services

Anita G. Fox, Director, Michigan; Department of Insurance and Financial Services (Sector regulator)

Dates: In force from Apr. 24, 2020 to May 15, 2020 (issued Apr. 30, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateWorkplace rules
Functions reached: BR branches; OP telework; WF; CL/ML/SV
Grade: Primary source read
Days in this quarter: 22

On April 9, 2020, Governor Whitmer issued Executive Order 2020-42, which rescinded Executive Order 2020-[21 and extended the stay-home directive through April 30, 2020] at 11:59 p.m. On April 24, 2020, Governor Whitmer issued Executive Order 2020-59, which effective immediately, rescinded Executive Order 2020-42, but reaffirmed and clarified the measures set forth in it and [extended them through May 15, 2020].

Enforcement: Executive Order 2020-59 (misdemeanor under MCL 10.33, 30.405(3)); DIFS supervision

Citation: Anita G. Fox, Director, Bulletin 2020-21-BT/CF/CU (Apr. 30, 2020) (Ex. AGY-ST-INSURANCE-BANKING-080) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-006

Executive Order 2020-29 (COVID-19)

Temporary COVID-19 protocols for entry into Michigan Department of Corrections facilities and transfers to and from Department custody; temporary recommended COVID-19 protocols and enhanced early-release authorization for county jails

Governor Gretchen Whitmer, Michigan (Governor; Michigan Department of Corrections; county jails); State level (State)

Dates: In force from Mar. 29, 2020 to Apr. 26, 2020
Quarters: 2020 Q2
Limitations: Gathering capHealth care ordersWorkplace rulesOther
Functions reached: EMP screening of every vendor and contractor at the door of 29 State prisons; CB visitors and volunteer programs excluded; OP off-site medical and program appointments limited; SC county-jail transfers and the vendors serving both systems
Grade: Primary source read
Days in this quarter: 29

1. The Michigan Department of Corrections (the 'Department') must continue to implement risk reduction protocols to address COVID-19... which include the following: (a) Screening all persons arriving at or departing from a facility, including staff, incarcerated persons, vendors, and any other person entering the facility... Such screening includes a temperature reading and obtaining information about travel... (b) Restricting all visits, except for attorney-related visits, and conducting those visits without physical contact to the extent feasible. (c) Limiting off-site appointments for incarcerated persons to only appointments for urgent or emergency medical treatment.... (k) Practicing social distancing in all programs and classrooms... (l) Minimizing crowding, including interactions of groups of 10 or more people... 2. To mitigate the risk of COVID-19 spreading in county jails…

Enforcement: MCL 10.33 and MCL 30.405(3): willful violation of an emergency order is a misdemeanor (recited in the Governor's COVID-19 orders)

Citation: Governor Gretchen Whitmer, Executive Order 2020-29 (COVID-19) (Mar. 29, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-006) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-054

MHSAA Suspends Winter Tournaments Amid COVID-19 Concerns (March 12, 2020)

Suspension of all remaining winter tournaments

MHSAA, Michigan High School Athletic Association; State level (State)

Dates: In force from Mar. 12, 2020 to Apr. 3, 2020
Quarters: 2020 Q2
Limitations: Events and venues
Functions reached: AC tournaments suspended; EVT venues; CB families
Grade: Confirmed from a secondary source
Days in this quarter: 22 (in force on the first day)

Enforcement: MHSAA Handbook

Citation: MHSAA, MHSAA Suspends Winter Tournaments Amid COVID-19 Concerns (March 12, 2020) (Mar. 12, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-054) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-096

Executive Order 2020-18 (COVID-19)

Enhanced restrictions on price gouging: no resale of a product at a price grossly in excess of its purchase price; no sale of any product at a price more than 20 percent above its Mar. 9, 2020 price absent proof of increased cost; 'product' includes any emergency supply

Governor Gretchen Whitmer, Michigan (Governor); State level (State)

Dates: In force from Mar. 20, 2020 to Apr. 17, 2020
Quarters: 2020 Q2
Limitations: Supply chainOther
Functions reached: SF pricing of PPE, sanitizer and every consumer product under $1,000; SC distributors' and resellers' margins; CB
Grade: Primary source read
Days in this quarter: 29

1. Effective immediately and continuing until April 17, 2020 at 11:59 pm, if a person has acquired any product from a retailer, the person must not resell that product in this state at a price that is grossly in excess of the purchase price at which the person acquired the product. 2. Effective immediately and continuing until April 17, 2020 at 11:59 pm, a person must not offer for sale or sell any product in this state at a price that is more than 20% higher than what the person offered or charged for that product as of March 9, 2020, unless the person demonstrates that the price increase is attributable to an increase in the cost of bringing the product to market or to an extraordinary discount in effect as of March 9, 2020. 3. For purposes of this order: a. 'Person' means an individual, business, or other legal entity. b. 'Product' means any good, material, or consumer food item with…

Enforcement: 'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor'; Attorney General enforcement under the Consumer Protection Act preserved

Citation: Governor Gretchen Whitmer, Executive Order 2020-18 (COVID-19) (Mar. 20, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-096) Open the exhibit

Ex. AGY-ST-UTILITIES-HOUSING-AG-033

Executive Order No. 2020-18

Enhanced restrictions on price gouging; Rescission of Executive Order 2020-8

Governor Gretchen Whitmer, Michigan (Governor, enforced by the Attorney General) (State)

Dates: In force from Mar. 20, 2020 to Apr. 17, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: SF pricing of every retailer and reseller in Michigan (20 percent cap over March 9, 2020 prices); SC cost pass-through on proof; CB; OP pricing and records
Grade: Primary source read
Days in this quarter: 29

1. Effective immediately and continuing until April 17, 2020 at 11:59 pm, if a person has acquired any product from a retailer, the person must not resell that product in this state at a price that is grossly in excess of the purchase price at which the person acquired the product. 2. Effective immediately and continuing until April 17, 2020 at 11:59 pm, a person must not offer for sale or sell any product in this state at a price that is more than 20% higher than what the person offered or charged for that product as of March 9, 2020, unless the person demonstrates that the price increase is attributable to an increase in the cost of bringing the product to market or to an extraordinary discount in effect as of March 9, 2020. 3. For purposes of this order: a. 'Person' means an individual, business, or other legal entity. b. 'Product' means any good, material, or consumer food item with…

Enforcement: MCL 10.33 and MCL 30.405(3): willful violation is a misdemeanor; Attorney General enforcement under MCL 445.903 et seq.

Citation: Governor Gretchen Whitmer, Executive Order No. 2020-18 (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-033) Open the exhibit

Ex. AGY-ST-UTILITIES-HOUSING-AG-051

Executive Order No. 2020-19

Temporary prohibition against entry to premises for the purpose of removing or excluding a tenant or mobile home owner from their home

Governor Gretchen Whitmer, Michigan (Governor; binding landlords, sheriffs and courts' process) (State)

Dates: In force from Mar. 20, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management (removals, exclusions and personal service of rent demands prohibited); CL landlord-tenant process (sheriffs barred from serving forfeiture process; writs of restitution unenforceable); CT courts (adjournment and tolling limits suspended); CB rent collection
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

1. Due to the protection that a residential home provides from the COVID-19 pandemic, and the need to contain self-quarantined and self-isolated individuals within a residential home, no person shall remove or exclude from leased residential premises or residential premises held under a forfeited executory contract a tenant, a vendee of a forfeited executory contract, or a person holding under a tenant or vendee, except when the tenant, vendee, or person holding under them poses a substantial risk to another person or an imminent and severe risk to property. This order should be broadly construed to effectuate that purpose. This section is effective immediately and continues until April 17, 2020 at 11:59 pm.... 3.... Effective immediately and continuing until April 17, 2020 at 11:59 pm, demand for payment may not be served by personal delivery. 4.... no person may enter residential…

Enforcement: MCL 10.33 and MCL 30.405(3): willful violation a misdemeanor

Citation: Governor Gretchen Whitmer, Executive Order No. 2020-19 (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-051) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-093

Emergency Order Pursuant to MCL 333.2253 - Instructions to Laboratories, Health Professionals and Hospitals (COVID-19 Testing Prioritization and Reporting)

CLIA-certified laboratories must prioritize COVID-19 sampling and testing as instructed by the Department; health professionals collecting specimens must follow Department instructions; hospitals must report per Department instructions

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

Dates: In force from Mar. 23, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersWorkplace rulesSupply chainOther
Functions reached: DX diagnostics and laboratory (State-directed test prioritization; who could be tested first); OF reporting; IP hospital reporting; HR employer screening programs dependent on laboratory priority
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

Michigan presently lacks laboratory capacity to quickly process the samples of all persons tested for [COVID-19]... it is necessary to coordinate the state's laboratory network such that priority tests are run first.... 1. CLIA-certified facilities in the state of Michigan that process tests for COVID-19 must prioritize sampling and testing for COVID-19 in the manner instructed by the Department.... 2. Physicians and other health professionals who collect specimens for testing of COVID-19 must [follow the Department's instructions]... 3. Hospitals in the state of Michigan must abide by the Department's instructions on reporting... This order is effective immediately, and remains in effect until lifted.... Effective immediately, all health professionals conducting testing for the Novel Coronavirus must [report as instructed]. Date: March 23, 2020

Enforcement: MCL 333.2261 (violation of a Department order is a misdemeanor)

Citation: Robert Gordon, Director, Michigan Department of Health and Human Services, Emergency Order Pursuant to MCL 333.2253 - Instructions to Laboratories, Health Professionals and Hospitals (COVID-19 Testing Prioritization and Reporting) (Mar. 23, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-093) Open the exhibit

Ex. AGY-ST-UTILITIES-HOUSING-AG-013

Executive Order No. 2020-28

Restoring water service to occupied residences during the COVID-19 pandemic

Governor Gretchen Whitmer, Michigan (Governor, binding public water supplies) (State)

Dates: In force from Mar. 28, 2020 to Oct. 2, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Other
Functions reached: SV field crews of every water utility redeployed to locate and reconnect shut-off residences; OP collections (shutoffs for nonpayment reversed; obligation to pay preserved, para. 5); OF reporting to the State Emergency Operations Center by April 12, 2020 and every 30 days; WF utility workforce
Grade: Primary source read
Days in this quarter: 95 (in force on the last day)

1. A public water supply must restore water service to any occupied residence where water service has been shut off due to non-payment, so long as the public water supply does not have reason to believe that reconnection would create a risk to public health (e.g., due to cross-contamination). To facilitate the restoration of water service, a public water supply must immediately make best efforts to determine which occupied residences within their service areas do not have water service.... 3. As soon as possible and no later than April 12, 2020, all public water supplies that have used water shutoffs as a remedy for non-payment within the last year must report to the State Emergency Operations Center regarding access to water in their service areas.... 4. If a public water supply submits a report... that does not meet all of the requirements described in section 3, then the public water…

Enforcement: MCL 10.33 and MCL 30.405(3) (willful violation of an executive order is a misdemeanor), the standard clause of the Governor's 2020 orders

Citation: Governor Gretchen Whitmer, Executive Order No. 2020-28 (Mar. 28, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-013) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-041

MHSAA Cancels Remainder of 2019-20 Winter, Spring Seasons (April 3, 2020)

Cancellation of the remaining winter tournaments and the entire spring 2020 season following Executive Order 2020-35 closing schools for the year

MHSAA Representative Council (Executive Director Mark Uyl), Michigan High School Athletic Association (about 1,500 member schools); State level (State)

Dates: In force from Apr. 3, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Schools and child careEvents and venues
Functions reached: AC athletics cancelled; EVT tournaments and venues; CB families
Grade: Confirmed from a secondary source
Days in this quarter: 89 (in force on the last day)

Enforcement: MHSAA Handbook; Executive Order 2020-35

Citation: MHSAA Representative Council (Executive Director Mark Uyl), MHSAA Cancels Remainder of 2019-20 Winter, Spring Seasons (April 3, 2020) (Apr. 3, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-041) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-094

Emergency Order Under MCL 333.2253 - COVID-19 Death Reporting

Funeral directors must initiate the death record within 24 hours of learning that a death resulted or is suspected to have resulted from COVID-19 and must initiate and report all deaths through Michigan's electronic death registration system; physicians to convey cause-of-death information promptly

Robert Gordon, Director, MDHHS, Michigan - Department of Health and Human Services (State health department) (State)

Dates: In force from Apr. 4, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Workplace rulesOther
Functions reached: FH funeral homes (death-record initiation within 24 hours; mandatory electronic filing); OF administration; CB hospitals and physicians as counterparties
Grade: Primary source read
Days in this quarter: 88 (in force on the last day)

MCL 333.2843(3) requires funeral directors to certify death records and file those records with the local [registrar]... this timeline must be expedited where COVID-19 is identified as a cause of death.... 2. Where a funeral director learns that a death resulted or is suspected to have resulted from COVID-19, funeral directors subject to MCL 333.2843(3) are required to: a. Initiate the death record and submit to the attending physician or representative as defined in MCL 333.2843(1)(a) within 24 hours of becoming aware that the death resulted or is [suspected to have resulted from COVID-19]... 3. Funeral directors subject to MCL 333.2843(3) must initiate and report all deaths via Michigan's [Electronic Death Registration System]... This order is effective immediately and remains in effect until lifted. Date: April 4, 2020

Enforcement: MCL 333.2261 (misdemeanor)

Citation: Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - COVID-19 Death Reporting (Apr. 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-094) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-088

Executive Order No. 2020-38

Temporary extensions of certain FOIA deadlines to facilitate COVID-19 emergency response efforts

Governor Gretchen Whitmer, Michigan (Governor; every public body) (State)

Dates: In force from Apr. 5, 2020 to June 4, 2020
Quarters: 2020 Q2
Limitations: Courts and public officesOther
Functions reached: CT public-records and land-records inspection (in-person efforts deferred); PM permit files; OF; CB
Grade: Primary source read
Days in this quarter: 61

1. Strict compliance with the required response periods set forth under sections 5(2), 10(2), and 10a(2) of the Freedom of Information Act ('FOIA')... is temporarily suspended, as follows: (a) A public body must respond in writing to a request or an appeal received at its physical office via mail, hand delivery, or facsimile within 10 business days after actual receipt of the request or appeal.... (b) If COVID-19 or any accompanying response efforts... interferes with the timely grant or denial of a request... a public body may issue a notice... extending the period of time in which to respond for as long as the public body deems necessary but no longer than until the expiration of this order or any order that follows from it. 2.... (a) If a public records request requires in-person efforts, such as an in-person search, inspection, examination, preparation, or production of public…

Enforcement: MCL 30.405(3); the order applies 'notwithstanding any contrary policy adopted by a public body' (para. 4)

Citation: Governor Gretchen Whitmer, Executive Order No. 2020-38 (Apr. 5, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-088) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-041

Executive Order No. 2020-41

Encouraging the use of electronic signatures and remote notarization, witnessing, and visitation during the COVID-19 pandemic

Governor Gretchen Whitmer, Michigan (Governor) (State)

Dates: In force from Apr. 8, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Courts and public officesOther
Functions reached: CL closings, deeds and mortgages (URPERA and notarial-presence rules suspended); OF law and title offices; FI; CB; OP corporate and agency filings by electronic signature (paras. 1-2, 4)
Grade: Primary source read
Days in this quarter: 84 (in force on the last day)

3. Strict compliance [with] the Michigan Law on Notarial Acts, 2003 PA 238, as amended, MCL 55.261 et seq., is temporarily suspended, to the extent it requires a notary to be in the physical presence of an individual seeking the notary's services or of any required witnesses.... 5. In addition to other means available by law, any notarial act that is required under Michigan law may be performed by a notary who currently holds a valid notarial commission in this state ('notary') utilizing two-way real-time audiovisual technology, provided that all of the following conditions are met: (a) The two-way real-time audiovisual technology must allow direct interaction between the individual seeking the notary's services, any witnesses, and the notary... (b)... must be capable of creating an audio and visual recording of the complete notarial act... (d) The individual seeking the notary's…

Enforcement: MCL 30.405(3) (violation of an emergency-management executive order a misdemeanor) as recited in the EO series; suspension operates by force of the order

Citation: Governor Gretchen Whitmer, Executive Order No. 2020-41 (Apr. 8, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-041) Open the exhibit

Ex. AGY-ST-CORRECTIONS-EMA-GUARD-097

Executive Order 2020-53 (COVID-19)

Enhanced restrictions on price gouging, continued through May 15, 2020 (rescinding EO 2020-18)

Governor Gretchen Whitmer, Michigan (Governor); State level (State)

Dates: In force from Apr. 13, 2020 to May 15, 2020
Quarters: 2020 Q2
Limitations: Supply chainOther
Functions reached: SF; SC; CB
Grade: Primary source read
Days in this quarter: 33

1. A person must not resell a product in this state at a price that is grossly in excess of the purchase price at which the person acquired the product. 2. A person must not offer for sale or sell any product in this state at a price that is more than 20% higher than what the person offered or charged for that product as of March 9, 2020, unless the person demonstrates that the price increase is attributable to an increase in the cost of bringing the product to market or to an extraordinary discount in effect as of March 9, 2020.... 5. This order is effective immediately and continues through May 15, 2020 at 11:59 pm. 6. Executive Order 2020-18 is rescinded. 7. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.

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

Citation: Governor Gretchen Whitmer, Executive Order 2020-53 (COVID-19) (Apr. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-097) Open the exhibit

Ex. AGY-ST-UTILITIES-HOUSING-AG-034

Executive Order No. 2020-53

Enhanced restrictions on price gouging; Rescission of Executive Order 2020-18

Governor Gretchen Whitmer, Michigan (Governor, enforced by the Attorney General) (State)

Dates: In force from Apr. 17, 2020 to May 15, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: SF retail and resale pricing (20 percent cap over March 9, 2020); SC; CB; OP
Grade: Primary source read
Days in this quarter: 29

1. A person must not resell a product in this state at a price that is grossly in excess of the purchase price at which the person acquired the product. 2. A person must not offer for sale or sell any product in this state at a price that is more than 20% higher than what the person offered or charged for that product as of March 9, 2020, unless the person demonstrates that the price increase is attributable to an increase in the cost of bringing the product to market or to an extraordinary discount in effect as of March 9, 2020.... 5. This order is effective immediately and continues through May 15, 2020 at 11:59 pm. 6. Executive Order 2020-18 is rescinded. 7. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.

Enforcement: MCL 10.33 and 30.405(3) (misdemeanor); Michigan Consumer Protection Act

Citation: Governor Gretchen Whitmer, Executive Order No. 2020-53 (Apr. 17, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-034) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-095

Emergency Order Under MCL 333.2253 - Handling of Bodily Remains

Modifies disposition-of-remains rules to relieve hospitals and funeral homes: 24-hour and 48-hour limits on locating and acting by persons with authority over disposition; embalming without authorization in stated cases; suspension of MCL 333.2653(2) cremation waiting rules; temporary storage of remains at alternate facilities under a mortuary science licensee's supervision; medical examiners to authorize cremation as quickly as possible

Robert Gordon, Director, MDHHS, Michigan - Department of Health and Human Services (State health department) (State)

Dates: In force from May 4, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Workplace rulesOther
Functions reached: FH funeral homes (arrangement timelines, embalming, storage, cremation); CB families (48-hour decision deadline); OF administration; IP hospital morgue operations
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

[The] increase in deaths has placed a significant burden on some hospitals and funeral homes. To alleviate this burden, ensure the safe and proper handling of bodily remains, and ensure the deceased are treated with [dignity, it is necessary to modify certain rules] pertaining to the disposition of bodies, and to relax certain licensing provisions for funeral directors.... a. A health facility's or funeral director's attempts to locate a person with authority to control the final disposition of a dead human body under this section must be completed within 24 hours of [death]... [the person with authority under MCL] 700.3206(1) must exercise such authority and complete arrangements within 48 hours of death.... 3. Compliance with MCL 333.2653(2) is temporarily suspended such that an official of a public [agency need not]... [a person who died under] suspicious circumstances or otherwise…

Enforcement: MCL 333.2261 (misdemeanor)

Citation: Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Handling of Bodily Remains (May 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-095) 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 Michigan

Ex. MI-040

Executive Order 2020-160

Amended Safe Start Order

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from July 31, 2020 to Sept. 4, 2020 (issued July 29, 2020)
Quarters: 2020 Q3
Limitations: Business closureTelework mandateCapacity limitGathering capAlcohol and barsEvents and venues
Functions reached: OP office (statewide remote-work mandate); GATH events and meetings (10 indoor / 100 outdoor statewide); BA indoor bar service (closed statewide); PE theaters (closed); FC gyms (closed except Regions 6 and 8); MK trade shows and conferences (foreclosed)
Grade: Primary source read
Days in this quarter: 36

1. Remote work. Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely.... 7(a) A social gathering or organized event among persons not part of the same household is permitted, but only to the extent that:... 3. If it is indoors, the gathering or event does not exceed 10 people; and 4. If it is outdoors, the gathering or event does not exceed 100 people.... [Closed to the public statewide:] 1. Indoor theaters, cinemas, and performance venues... [venues with fixed seating limited to] 25% of its maximum capacity or to 250, whichever is smaller... 15. Effective date. Except as otherwise specified, this order takes effect at 12:01 a.m. on July 31, 2020. At that time, Executive Orders 2020-110, 2020-115, 2020-120, 2020-133, and 2020-143 are rescinded.

Enforcement: § 17: 'Penalty. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.'

Citation: Governor Gretchen Whitmer, Executive Order 2020-160 (July 29, 2020) (Ex. MI-040) Open the exhibit

Ex. MI-044

Executive Order 2020-176

Amended Safe Start Order (gyms and pools reopen September 9)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Sept. 4, 2020 to Oct. 2, 2020 (issued Sept. 3, 2020)
Quarters: 2020 Q32020 Q4
Limitations: Business closureTelework mandateCapacity limitGathering capEvents and venues
Functions reached: OP office (remote-work mandate outside Regions 6 and 8); GATH events (10 indoor / 100 outdoor); FC gyms (reopen Sept. 9 at 25 percent under EO 2020-175); PE theaters (closed); MK conferences (foreclosed)
Grade: Primary source read
Days in this quarter: 27 (in force on the last day)

1. Remote work. Except in Regions 6 and 8, any work capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely. Although not required, in Regions 6 and 8, any work capable of being performed remotely should be performed remotely.... 3. Public accommodations restrictions.... the following places are closed to entry, use, and occupancy by members of the public: (a) Indoor theaters, cinemas, and performance venues; (b) Until September 8, 2020 at 11:59 pm, indoor gymnasiums, fitness centers, recreation centers, sports facilities, exercise facilities, exercise studios, and the like... 6(a)... (2) If a gathering or event is indoors, it does not exceed 10 people; and (3) If a gathering or event is outdoors, it does not exceed 100 people.... 16.... this order takes effect at 12:01 a.m. on September 4, 2020. At that…

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

Citation: Governor Gretchen Whitmer, Executive Order 2020-176 (Sept. 3, 2020) (Ex. MI-044) Open the exhibit

Ex. MI-036

Executive Order 2020-143

Closing indoor service at bars in Regions 1-5 and 7 (amending EO 2020-110)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from July 1, 2020 to July 31, 2020
Quarters: 2020 Q3
Limitations: Business closureCapacity limitAlcohol and bars
Functions reached: BA bar and alcohol service; DR dining room (seated service only); CB customer base
Grade: Primary source read
Days in this quarter: 31 (in force on the first day)

1. Food service establishments, as defined in section 1107(t) of the Michigan Food Law, 2000 PA 92, as amended, MCL 289.1107(t), that hold on-premises retailer licenses to sell alcoholic beverages must close for indoor service if they earn more than 70% of their gross receipts from sales of alcoholic beverages. 2. Any food service establishment that serves alcoholic beverages for on-premises consumption must, both indoors and outdoors: 1. Require patrons to wear a face covering except when seated at their table or bar top...; 2. Close common areas where people stand and congregate...; 3. Sell alcoholic beverages only to patrons who are seated at socially distanced tables.... 11. This order takes effect at 11:00 pm on July 1, 2020.

Enforcement: § 12: 'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.'

Citation: Governor Gretchen Whitmer, Executive Order 2020-143 (July 1, 2020) (Ex. MI-036) Open the exhibit

Ex. MI-041

Executive Order 2020-161

Safeguards to protect Michigan's workers from COVID-19

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from July 29, 2020 to Sept. 3, 2020
Quarters: 2020 Q3
Limitations: Capacity limitFace-covering requirementWorkplace rules
Functions reached: HR screening; OP office; SF sales floor (25 percent); DR dining room (50 percent); PF production floor; JS job sites
Grade: Primary source read
Days in this quarter: 37

[All businesses:] 8. Provide non-medical grade face coverings to their employees... Require face coverings to be worn when employees cannot consistently maintain six feet of separation from other individuals in the workplace... [Retail:] limit the number of customers in the store (including employees) to 25% of the total occupancy limits established by the State Fire Marshal or a local fire marshal... [Restaurants and bars:] 1. Limit capacity to 50% of normal seating.... 18. This order is effective immediately upon issuance. Executive Order 2020-145 is rescinded.

Enforcement: § 20: willful violation a misdemeanor (MCL 10.33; MCL 30.405(3))

Citation: Governor Gretchen Whitmer, Executive Order 2020-161 (July 29, 2020) (Ex. MI-041) Open the exhibit

Ex. MI-043

Executive Order 2020-175

Safeguards to protect Michigan's workers from COVID-19

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Sept. 3, 2020 to Sept. 25, 2020
Quarters: 2020 Q3
Limitations: Capacity limitFace-covering requirementWorkplace rules
Functions reached: HR; OP; SF (25 percent); DR (50 percent); FC gyms (reopening rules); CL clinics
Grade: Primary source read
Days in this quarter: 23

[Retail:] limit the number of customers in the store (including employees) to 25% of the total occupancy limits... [Restaurants and bars:] Limit capacity to 50% of normal seating... Require patrons to wear a face covering except when seated at their table or bar top... [Health care:] Require patients to wear a face covering when in the facility... Executive Order 2020-161 is rescinded.

Enforcement: § 21: 'Penalty. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.'

Citation: Governor Gretchen Whitmer, Executive Order 2020-175 (Sept. 3, 2020) (Ex. MI-043) Open the exhibit

Ex. MI-046

Executive Order 2020-184

Safeguards to protect Michigan's workers from COVID-19

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Sept. 25, 2020 to Oct. 2, 2020
Quarters: 2020 Q32020 Q4
Limitations: Telework mandateCapacity limitFace-covering requirementWorkplace rules
Functions reached: HR screening and plans; OP office; SF (25 percent); DR (50 percent); PF; JS; DC laboratories
Grade: Primary source read
Days in this quarter: 6 (in force on the last day)

[All businesses:] Promote remote work to the fullest extent possible.... [Research laboratories:] Require all office and dry lab work to be conducted remotely.... Effective date and effect on other orders. This order is effective immediately upon issuance. Executive Order 2020-175 is rescinded... Penalty. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.

Enforcement: Misdemeanor (MCL 10.33; MCL 30.405(3)); MIOSHA and licensing agency enforcement

Citation: Governor Gretchen Whitmer, Executive Order 2020-184 (Sept. 25, 2020) (Ex. MI-046) Open the exhibit

Ex. MI-037

2020 PA 124 (Enrolled Senate Bill 942)

Amendment to the Michigan Liquor Control Code authorizing social districts and commons areas for outdoor alcohol service

Michigan Legislature (2020 PA 124, approved by the Governor), Michigan (State)

Dates: In force from July 1, 2020 to Sept. 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Alcohol and barsOther
Functions reached: BA bar and alcohol service (compelled relocation of service outdoors); DR dining room; CB customers
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Sec. 551. (1) The governing body of a local governmental unit may designate a social district that contains a commons area that may be used by qualified licensees that obtain a social district permit.... (2) Subject to subsection (3), the holder of a social district permit may sell alcoholic liquor for consumption in the commons area... (a) The holder of the social district permit only sells and serves alcoholic liquor on the holder's licensed premises... (b)... only serves alcoholic liquor to be consumed in the commons area in a container that... prominently displays the social district permittee's trade name or logo.

Enforcement: Liquor Control Commission licensing and enforcement

Citation: Michigan Legislature (2020 PA 124, approved by the Governor), 2020 PA 124 (Enrolled Senate Bill 942) (July 1, 2020) (Ex. MI-037) Open the exhibit

Ex. MI-038

2020 PA 127

Extension of motor vehicle registration and driver license expirations to September 30, 2020

Michigan Legislature (2020 PA 127, approved by the Governor), Michigan (State)

Dates: In force from July 1, 2020 to Sept. 30, 2020
Quarters: 2020 Q3
Limitations: Courts and public officesOther
Functions reached: DM titles and registrations (branch closures acknowledged by statute); FI dealer finance
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

[a registration] that expires on or after March 1, 2020 is valid until September 30, 2020. If the registration issued to a motor vehicle, recreational vehicle,... expires on or after March 1, 2020, the registration is valid until September 30, 2020.

Enforcement: Statutory

Citation: Michigan Legislature (2020 PA 127, approved by the Governor), 2020 PA 127 (July 1, 2020) (Ex. MI-038) Open the exhibit

Ex. MI-039

Executive Order 2020-147

Masks

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from July 10, 2020 to July 17, 2020
Quarters: 2020 Q3
Limitations: Face-covering requirementWorkplace rules
Functions reached: SF sales floor (entry denial duty); DR dining room; CB customers; WF workforce; HR compliance
Grade: Primary source read
Days in this quarter: 8

1. Any individual who leaves their home or place of residence must wear a face covering over their nose and mouth: (a) When in any indoor public space; (b) When outdoors and unable to consistently maintain a distance of six feet or more from individuals who are not members of their household; and (c) When waiting for or riding on public transportation... 3. To protect workers, shoppers, and the community, no business that is open to the public may provide service to a customer or allow a customer to enter its premises, unless the customer is wearing a face covering as required by this order.... Businesses that are open to the public must post signs at entrance(s) instructing customers of their legal obligation to wear a face covering while inside.

Enforcement: § 8: 'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor, but no term of confinement may be imposed for a violation of section 1 of this order.' Licensing agencies to consider license consequences for violating businesses (§ 4(b)).

Citation: Governor Gretchen Whitmer, Executive Order 2020-147 (July 10, 2020) (Ex. MI-039) Open the exhibit

Ex. MI-042

MDHHS Public Health Order: Testing of agricultural and food-processing employees

Emergency Order requiring COVID-19 testing of migrant and seasonal agricultural workers and meat, poultry and egg processing employees

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

Dates: In force from Aug. 3, 2020 to July 1, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: FP farm production (worker testing and isolation); PK packing and processing plants; LB labor (H-2A arrivals tested and isolated); WF workforce
Grade: Primary source read
Days in this quarter: 59 (in force on the last day)

Enforcement: MCL 333.2261 misdemeanor; MCL 333.2262 civil fines

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Public Health Order: Testing of agricultural and food-processing employees (Aug. 3, 2020) (Ex. MI-042) Open the exhibit

Ex. MI-048

Executive Order 2020-186

Declaration of state of emergency and state of disaster related to the COVID-19 pandemic

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Sept. 30, 2020 to Oct. 27, 2020
Quarters: 2020 Q32020 Q4
Limitations: Emergency declaration
Functions reached: predicate for all functions
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

1. The COVID-19 pandemic constitutes a disaster and emergency throughout the State of Michigan. 2. This order constitutes a state of emergency declaration under the Emergency Powers of the Governor Act of 1945.... 3. This order is effective immediately and continues through October 27, 2020 at 11:59 pm.

Enforcement: Predicate for MCL 10.33 / MCL 30.405(3) penalties

Citation: Governor Gretchen Whitmer, Executive Order 2020-186 (Sept. 30, 2020) (Ex. MI-048) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. MI-031	Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. MI-031)	In force from June 1, 2020 to July 31, 2020	Business closureTelework mandateCapacity limitGathering capFace-covering requirementEvents and venues
Ex. MI-033	Governor Gretchen Whitmer, Executive Order 2020-115 (June 5, 2020) (Ex. MI-033)	In force from June 10, 2020 to July 31, 2020 (issued June 5, 2020)	Business closureCapacity limitGathering capEvents and venues
Ex. MI-014	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253 incorporating the Governor's executive orders into the epidemic finding (Apr. 2, 2020) (Ex. MI-014)	In force from Apr. 2, 2020 to Oct. 26, 2020	Emergency declarationStay-at-homeBusiness closure
Ex. MI-025	Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025)	In force from May 6, 2020 to July 26, 2021	Capacity limitGathering capCourts and public offices
Ex. MI-029	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order reinforcing the Governor's executive orders (May 18, 2020) (Ex. MI-029)	In force from May 18, 2020 to Oct. 26, 2020	Emergency declarationStay-at-homeBusiness closureWorkplace rules
Ex. MI-032	Governor Gretchen Whitmer, Executive Order 2020-114 (June 5, 2020) (Ex. MI-032)	In force from June 5, 2020 to July 9, 2020	Capacity limitFace-covering requirementWorkplace rules
Ex. MI-004	Michigan Supreme Court, Administrative Order No. 2020-1 (Mar. 15, 2020) (Ex. MI-004)	In force from Mar. 15, 2020 to July 26, 2021	Courts and public offices
Ex. MI-016	Michigan Supreme Court, Administrative Order No. 2020-6 (Apr. 7, 2020) (Ex. MI-016)	In force from Apr. 7, 2020 to July 26, 2021	Courts and public offices
Ex. MI-021	Governor Gretchen Whitmer, Executive Order 2020-67 (Apr. 30, 2020) (Ex. MI-021)	In force from Apr. 30, 2020 to Sept. 30, 2020	Emergency declaration
Ex. MI-022	Governor Gretchen Whitmer, Executive Order 2020-68 (Apr. 30, 2020) (Ex. MI-022)	In force from Apr. 30, 2020 to Sept. 30, 2020	Emergency declaration
Ex. MI-034	Michigan Supreme Court, Administrative Order No. 2020-17 (June 9, 2020) (Ex. MI-034)	In force from June 9, 2020 to June 24, 2020	Courts and public officesOther
Ex. MI-035	Michigan Supreme Court, Administrative Order No. 2020-19 (June 26, 2020) (Ex. MI-035)	In force from June 26, 2020 to July 26, 2021	Courts and public offices
Ex. MI-057	Michigan Legislature (2020 PA 238, approved by the Governor), 2020 PA 238 (Oct. 22, 2020) (Ex. MI-057)	In force from Oct. 22, 2020 to Sept. 30, 2021	Workplace rulesQuarantine and isolationOther

Agencies, boards and authorities: Michigan

Ex. AGY-ST-GAMING-RACING-081

Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted June 2020)

Minimum standards for a limited initial reopening of MGM Grand Detroit, MotorCity and Greektown: 15 percent of legal capacity; limited entry points and temperature checks; masks; no smoking on the floor; no valet, buffets, poker or coat check; distancing at slots and tables

Michigan Gaming Control Board (Executive Director Richard S. Kalm), Michigan Gaming Control Board (State gaming regulator for the three Detroit commercial casinos) (Sector regulator)

Dates: In force from Aug. 5, 2020 to June 30, 2021 (issued June 8, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCapacity limitFace-covering requirementHealth care ordersWorkplace rules
Functions reached: SF gaming floors at 15 percent of legal capacity from Aug. 5, 2020 (Ex. 083 confirms 15 percent still in force in October 2020); CB temperature checks and limited entry; EMP masks, training, smoking ban on floors; FB, AM buffets, valet and coat check closed; WF Detroit casino workforce idled Mar. 16 - Aug. 5, 2020 and Nov. 18 - Dec. 22, 2020
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

The purpose of this document is to set forth minimum standards for a limited initial re-opening of Michigan commercial casinos.... Upon acceptance by the Executive Director, these minimum standards will be incorporated into an Executive order and distributed to each of the three Detroit casinos.... All patrons entering a casino shall wear a mask which covers the nose and mouth areas and shall wear the mask in that manner continuously while in the casino unless drinking or eating.

Enforcement: Incorporated into an Executive Director's order under MCL 432.204; license discipline under MCL 432.204a and R 432.1101 et seq.

Citation: Michigan Gaming Control Board (Executive Director Richard S. Kalm), Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted June 2020) (Ex. AGY-ST-GAMING-RACING-081) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-053

MHSAA Council Reinstates 2020 Football Season; Full Fall Competition Schedule Authorized (September 3, 2020)

Reinstatement of the fall 2020 football season upon Executive Order 2020-176 with attendance limits and face-covering conditions

MHSAA Representative Council, Michigan High School Athletic Association; State level (State)

Dates: In force from Sept. 3, 2020 to Nov. 15, 2020
Quarters: 2020 Q32020 Q4
Limitations: Capacity limitFace-covering requirementEvents and venues
Functions reached: AC athletics resumed under conditions; EVT spectators limited; CB families
Grade: Confirmed from a secondary source
Days in this quarter: 28 (in force on the last day)

Enforcement: MHSAA Handbook; Executive Order 2020-176 and the MDHHS orders

Citation: MHSAA Representative Council, MHSAA Council Reinstates 2020 Football Season; Full Fall Competition Schedule Authorized (September 3, 2020) (Sept. 3, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-053) Open the exhibit

Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066

MDHHS release, 'Emergency Order Requiring Testing of Agricultural and Food Processing Employees Remains in Effect' (describing the Aug. 3, 2020 order's testing requirements for migrant housing camp operators and agricultural, meat, poultry, egg and greenhouse employers, the Aug. 24 compliance deadline and the W.D. Mich. denial of a temporary restraining order)

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

MDHHS Director Robert Gordon (release describing the Emergency Order of Aug. 3, 2020, Ex. MI-042), Michigan Department of Health and Human Services (State agency), with the Department of Agriculture and Rural Development (State)

Dates: In force from Aug. 3, 2020 to June 11, 2021 (issued Aug. 17, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: LB labor and labor housing (baseline and arrival testing; 14-day separate housing for arrivals); FP farm production (no in-person work before a test); PK packing and processing plants (meat, poultry, egg); WF workforce; HR hiring and onboarding (test before work); OP compliance administration
Grade: Confirmed from a secondary source
Days in this quarter: 59 (in force on the last day)

The order, which was announced on Aug. 3, remains in effect. It requires migrant housing camp operators to provide COVID-19 testing as follows: One-time baseline testing of all residents ages 18 and over. Testing of all new residents with[in] 48 hours of arrival, with separate housing for newly arriving residents for 14 days and a second test 10 - 14 days after arrival. Testing of any resident with symptoms or exposure. Employers of migrant or seasonal workers, meat, poultry and egg processing facilities and greenhouses with over 20 employees on-site at a time to provide COVID-19 testing as follows: One-time baseline testing of all workers. Testing of all new workers prior to any in-person work. Testing of any worker with symptoms or exposure. The deadline for businesses to comply is Aug. 24.... Failure to comply with this order may result in the issuance of a civil monetary penalty…

Enforcement: MCL 333.2262 civil monetary penalty (recited); MCL 333.2261 misdemeanor

Citation: MDHHS Director Robert Gordon (release describing the Emergency Order of Aug. 3, 2020, Ex. MI-042), MDHHS release, 'Emergency Order Requiring Testing of Agricultural and Food Processing Employees Remains in Effect' (describing the Aug. 3, 2020 order's testing requirements for migrant housing camp operators and agricultural, meat, poultry, egg and greenhouse employers, the Aug. 24 compliance deadline and the W.D. Mich. denial of a temporary restraining order) (Aug. 17, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066) Open the exhibit

Ex. AGY-ST-EDUCATION-HIGHER-ED-042

MHSAA Announces Football to Move to Spring Season for 2020-21 (August 14, 2020)

Postponement of the 2020 football season to spring 2021 under the executive orders limiting contact sports

MHSAA Representative Council, Michigan High School Athletic Association; State level (State)

Dates: In force from Aug. 14, 2020 to Sept. 3, 2020
Quarters: 2020 Q3
Limitations: Events and venues
Functions reached: AC football season postponed; EVT Friday-night commerce (Sectors 05, 06, 17); CB families
Grade: Confirmed from a secondary source
Days in this quarter: 21

Enforcement: MHSAA Handbook; Executive Orders 2020-160 and 2020-176

Citation: MHSAA Representative Council, MHSAA Announces Football to Move to Spring Season for 2020-21 (August 14, 2020) (Aug. 14, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-042) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-098

Emergency Order Under MCL 333.2253 - Mandatory Testing for Prison Staff

Staff in prisons with positive cases must be tested; the procedures and restrictions of Executive Order 2020-170 found necessary and continued; MDOC to comply by Sept. 8, 2020

Robert Gordon, Director, MDHHS, Michigan - Department of Health and Human Services (State health department) (State)

Dates: In force from Sept. 8, 2020 to June 30, 2021 (issued Aug. 19, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: HR staffing (prison staff and contractors tested); IC infection control; WF workforce
Grade: Primary source read
Days in this quarter: 23 (in force on the last day)

1. Finding. The procedures and restrictions outlined in EO 2020-170 are necessary to control the [epidemic and remain in] place until this Emergency Order is lifted.... 2. Definition. 'Testing' does not include tests that are considered non-diagnostic... 5. Effective Date. This order is effective immediately, except that MDOC has until September 8, 2020 [to implement testing]... This order remains in effect until lifted. Date: August 19, 2020

Enforcement: MCL 333.2261

Citation: Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for Prison Staff (Aug. 19, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-098) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-097

Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Hospitals and Centers Staff

State psychiatric hospitals and centers must adopt staff testing protocols: test all newly hired staff on or within 72 hours before the start date; periodic testing of staff; reporting of suspected and confirmed cases

Robert Gordon, Director, MDHHS, Michigan - Department of Health and Human Services (State health department) (State)

Dates: In force from Sept. 14, 2020 to June 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersWorkplace rules
Functions reached: HR hiring (pre-start testing); IC infection control; WF workforce (staffing agencies supplying State hospitals)
Grade: Primary source read
Days in this quarter: 17 (in force on the last day)

2. Testing of hospital and center staff. Subject to the availability of testing supply as determined by the Director of the MDHHS, the MDHHS hospitals and centers must adopt testing protocols for staff [that] a. Test all newly hired staff on their start date or in the 72 hours prior to start date.... 4. Effective Date. This order is effective immediately. This order remains in effect until lifted. Date: September 14, 2020

Enforcement: MCL 333.2261

Citation: Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Hospitals and Centers Staff (Sept. 14, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-097) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-099

Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Juvenile Justice Facility Staff

MDHHS juvenile justice facilities must adopt staff testing protocols: each staff member tested as soon as practical after the effective date; periodic testing; reporting

Robert Gordon, Director, MDHHS, Michigan - Department of Health and Human Services (State health department) (State)

Dates: In force from Sept. 18, 2020 to June 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersWorkplace rules
Functions reached: HR staffing; IC infection control; WF workforce
Grade: Primary source read
Days in this quarter: 13 (in force on the last day)

2. Testing of MDHHS juvenile justice facility staff. Subject to the availability of testing supply as determined by the Director of the MDHHS, the MDHHS juvenile justice facilities must adopt testing [protocols that] a. Test each staff member as soon as practical after the effective date of this order.... 4. Effective Date. This order is effective immediately. This order remains in effect until lifted. Date: September 18, 2020

Enforcement: MCL 333.2261

Citation: Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Juvenile Justice Facility Staff (Sept. 18, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-099) Open the exhibit

Continuing in force from an earlier quarter of this report (6 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-UTILITIES-HOUSING-AG-051	Governor Gretchen Whitmer, Executive Order No. 2020-19 (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-051)	In force from Mar. 20, 2020 to Sept. 30, 2020	Courts and public officesOther
Ex. AGY-ST-HEALTH-SUBORDERS-093	Robert Gordon, Director, Michigan Department of Health and Human Services, Emergency Order Pursuant to MCL 333.2253 - Instructions to Laboratories, Health Professionals and Hospitals (COVID-19 Testing Prioritization and Reporting) (Mar. 23, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-093)	In force from Mar. 23, 2020 to June 30, 2021	Health care ordersWorkplace rulesSupply chainOther
Ex. AGY-ST-UTILITIES-HOUSING-AG-013	Governor Gretchen Whitmer, Executive Order No. 2020-28 (Mar. 28, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-013)	In force from Mar. 28, 2020 to Oct. 2, 2020	Other
Ex. AGY-ST-HEALTH-SUBORDERS-094	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - COVID-19 Death Reporting (Apr. 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-094)	In force from Apr. 4, 2020 to June 30, 2021	Workplace rulesOther
Ex. AGY-ST-DMV-SOS-RECORDERS-041	Governor Gretchen Whitmer, Executive Order No. 2020-41 (Apr. 8, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-041)	In force from Apr. 8, 2020 to June 30, 2021	Courts and public officesOther
Ex. AGY-ST-HEALTH-SUBORDERS-095	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Handling of Bodily Remains (May 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-095)	In force from May 4, 2020 to June 30, 2021	Workplace rulesOther

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

Federal layer

Ex. FED-031

CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

Ex. FED-339

Eighth Amended General Order 20-0012

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

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

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

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

Enforcement: court order

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

Ex. FED-303

Standing Order 20-17

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

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

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

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

Enforcement: court order

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

Ex. FED-266

OMB Memorandum M-20-18

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

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

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

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

Enforcement: OMB directive to contracting officers

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

Ex. FED-104

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

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

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

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

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

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

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

Ex. FED-147

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

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

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

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

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

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

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

Ex. FED-267

OMB Memorandum M-20-19

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

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 Michigan

Ex. MI-060

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order ('Pause to Save Lives')

Gatherings and Face Mask Order of November 15, 2020 (three-week pause)

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

Dates: In force from Nov. 18, 2020 to Dec. 8, 2020 (issued Nov. 15, 2020)
Quarters: 2020 Q4
Limitations: Business closureTelework mandateCapacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venues
Functions reached: DR dining room (closed); BA bar (closed); GATH all indoor non-residential gatherings prohibited; MK conferences and trade shows (prohibited); PE theaters, AM bowling and arcades, casinos (closed); FC group fitness (closed); IN high-school and college in-person instruction (remote); SF retail (30 percent); OP office (workplace gatherings only under MIOSHA rules)
Grade: Confirmed from a secondary source
Days in this quarter: 21

As carried forward verbatim in the December 7, 2020 order (Ex. MI-061): indoor gatherings 'Are prohibited at residential venues, except where no more than 10 persons from no more than 2 households are gathered' and 'Are prohibited at non-residential venues'; at food service establishments 'Persons are not gathered indoors except in custodial settings, medical facilities, school and university cafeterias, shelters, and soup kitchens'; 'A gathering at a retail store, library, or museum must not exceed 30% of total occupancy limits... Spaces for indoor dining, including food courts, must be closed.'

Enforcement: MCL 333.2235(1) (local health departments); MCL 333.2261 misdemeanor; MCL 333.2262 civil fine up to $1,000 per violation per day

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order ('Pause to Save Lives') (Nov. 15, 2020) (Ex. MI-060) Open the exhibit

Ex. MI-061

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order

Gatherings and Face Mask Order of December 7, 2020 (twelve-day extension of the pause)

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

Dates: In force from Dec. 9, 2020 to Dec. 20, 2020 (issued Dec. 7, 2020)
Quarters: 2020 Q4
Limitations: Business closureTelework mandateCapacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venues
Functions reached: DR and BA (indoor service closed); GATH all indoor non-residential gatherings prohibited; MK conferences; PE, AM venues closed; FC (25 percent; no group classes); SF retail (30 percent); IN high-school and college instruction remote; OP office (workplace gatherings only under the MIOSHA rules of October 14, 2020)
Grade: Primary source read
Days in this quarter: 12

2(a) Indoor gatherings: (1) Are prohibited at residential venues, except where no more than 10 persons from no more than 2 households are gathered... (2) Are prohibited at non-residential venues.... 3(b) Gatherings are permitted at food service establishments under the following conditions: (1) Persons are not gathered indoors except in custodial settings, medical facilities, school and university cafeterias, shelters, and soup kitchens.... 4(a) A gathering at a retail store, library, or museum must not exceed 30% of total occupancy limits established by the State Fire Marshal or a local fire marshal.... Spaces for indoor dining, including food courts, must be closed.... [Exercise facilities:] Gatherings must not exceed 25% of the total occupancy limits... This order takes effect on December 9, 2020 at 12:01 AM, at which time the November 18, 2020, order entitled Gatherings and Face Mask…

Enforcement: § 9: local health departments authorized to enforce (MCL 333.2235(1)); misdemeanor up to 6 months or $200 (MCL 333.2261); civil fine up to $1,000 per violation per day (MCL 333.2262(1))

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Dec. 7, 2020) (Ex. MI-061) Open the exhibit

Ex. MI-062

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order

Gatherings and Face Mask Order of December 18, 2020 (pause extended to January 15, 2021; entertainment venues reopened with fixed seating)

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

Dates: In force from Dec. 21, 2020 to Jan. 15, 2021 (issued Dec. 18, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Business closureTelework mandateCapacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venues
Functions reached: DR and BA (indoor dining closed on the first day of 2021 Q1); GATH indoor non-residential prohibited; PE venues (reopened at 20 percent of fixed seating, 100 cap); FC (25 percent); SF (30 percent); IN in-person instruction (high schools may resume December 21 per the order's school provisions); OP office
Grade: Primary source read
Days in this quarter: 11 (in force on the last day)

2(a) Indoor gatherings: (1) Are prohibited at residential venues, except where no more than 10 persons from no more than 2 households are gathered... (2) Are prohibited at non-residential venues.... 3(b)(1) Persons are not gathered indoors [at food service establishments] except in custodial settings, medical facilities, school and university cafeterias, shelters, and soup kitchens... 4(a) A gathering at a retail store, library, or museum must not exceed 30% of total occupancy limits... Spaces for indoor dining, including food courts, must be closed.... This order takes effect on December 21, 2020 at 12:01 AM, at which time the December 7, 2020, order entitled Gatherings and Face Mask Order is rescinded. This order remains in effect through January 15, 2021 at 11:59 PM.

Enforcement: MCL 333.2235(1); MCL 333.2261; MCL 333.2262(1) (as in the series)

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Dec. 18, 2020) (Ex. MI-062) Open the exhibit

Ex. MI-050

MDHHS Emergency Order under MCL 333.2253: Gathering Prohibition and Face Covering Order

Emergency Order re-imposing statewide gathering limits, face coverings, venue capacity and bar rules after the Supreme Court decision

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

Dates: In force from Oct. 5, 2020 to Oct. 9, 2020
Quarters: 2020 Q4
Limitations: Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venues
Functions reached: GATH events (10 indoor residential; 500 fixed-seating at 20 percent; 20 per 1,000 sq ft); MASK entry-denial duty; BA indoor bar service; PE venues; OP office (workplace gatherings deferred to MIOSHA)
Grade: Confirmed from a secondary source
Days in this quarter: 5

Enforcement: MCL 333.2261 (misdemeanor: up to 6 months or $200); MCL 333.2262 civil fine up to $1,000 per violation per day (as recited in the October 29, 2020 order)

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gathering Prohibition and Face Covering Order (Oct. 5, 2020) (Ex. MI-050) Open the exhibit

Ex. MI-052

MDHHS Emergency Order under MCL 333.2253: Gathering Prohibition and Mask Order

Gathering Prohibition and Mask Order of October 9, 2020

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

Dates: In force from Oct. 9, 2020 to Oct. 29, 2020
Quarters: 2020 Q4
Limitations: Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venues
Functions reached: GATH; MASK; BA; PE; CB
Grade: Confirmed from a secondary source
Days in this quarter: 21

As recited in the October 29, 2020 order, § 9(f): 'The October 9, 2020 order entitled Gathering Prohibition and Mask Order is rescinded.'

Enforcement: MCL 333.2261; MCL 333.2262 (as in the October 29 order)

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gathering Prohibition and Mask Order (Oct. 9, 2020) (Ex. MI-052)

Ex. MI-059

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order

Gatherings and Face Mask Order of October 29, 2020

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

Dates: In force from Oct. 29, 2020 to Nov. 18, 2020
Quarters: 2020 Q4
Limitations: Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venuesWorkplace rules
Functions reached: GATH events and meetings; MK trade shows (50 without fixed seating); BA and DR (six per table; contact information); PE venues (20 percent of fixed seating; 500 cap); FC exercise facilities (six feet between stations); MASK business entry-denial duty; CB customers
Grade: Primary source read
Days in this quarter: 21

2. General capacity limitations at gatherings. (a) Indoor gatherings are permitted only as follows: (1) 10 or fewer persons are gathered at a residence; (2) 50 or fewer persons are gathered in a non-residential venue without fixed seating, and attendance is limited to 20 persons per 1,000 square feet in each occupied room; (3) 500 or fewer persons are gathered in a non-residential venue with fixed seating, and attendance is limited to 20% of seating capacity of the venue; and (4) At non-residential gatherings, all persons wear a face mask; (b) Outdoor gatherings are permitted only as follows: (1) 100 or fewer persons are gathered at a residence;... 6. Face mask requirement at gatherings.... (c) [A business] must require its employees and patrons at gatherings (including employees) to wear a face mask, and denies entry or service to all persons refusing to wear face masks while…

Enforcement: § 9(b): 'Under MCL 333.2235(1), local health departments are authorized to carry out and enforce the terms of this order.' § 9(c): law enforcement officers deemed 'department representatives.' § 9(e): 'Consistent with MCL 333.2261, violation of this order is a misdemeanor punishable by imprisonment for not more than 6 months, or a fine of not more than $200.00, or both.' § 9(g): civil fine 'of up…

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Oct. 29, 2020) (Ex. MI-059) Open the exhibit

Ex. MI-049

In re Certified Questions from the United States District Court, Western District of Michigan, Southern Division (Midwest Institute of Health, PLLC v. Governor), No. 161492, 506 Mich. 332 (2020)

Opinion holding that the Governor lacked authority under the Emergency Management Act after April 30, 2020 and that the Emergency Powers of the Governor Act is an unconstitutional delegation

Michigan Supreme Court, Michigan (Court)

Dates: In force from Oct. 2, 2020 to Dec. 31, 2020
Quarters: 2020 Q4
Limitations: Other
Functions reached: all functions: the gubernatorial layer ended; the MDHHS layer began October 5, 2020
Grade: Primary source read
Days in this quarter: 91 (in force on the last day)

Docket No. 161492. Argued on request to answer certified questions September 9, 2020. Decided October 2, 2020.... [Syllabus:] the Governor lacked the authority to declare a 'state of emergency' or a 'state of disaster' under the EMA after April 30, 2020, on the basis of the COVID-19 pandemic and that the EPGA violated the Constitution... [the EPGA] constituted an unlawful delegation of legislative power to the executive and was unconstitutional... the unlawful delegation of power was not severable from the EPGA as a whole... Accordingly, the EPGA was unconstitutional in its entirety.... the Governor's executive orders issued after April 30, 2020, were not valid under the EMA.

Enforcement: n/a (judicial decision)

Citation: Michigan Supreme Court, In re Certified Questions from the United States District Court, Western District of Michigan, Southern Division (Midwest Institute of Health, PLLC v. Governor), No. 161492, 506 Mich. 332 (2020) (Oct. 2, 2020) (Ex. MI-049) Open the exhibit

Ex. MI-051

MDHHS Emergency Order: Requirements for Residential Care Facilities

Epidemic order on residential care facilities (visitation limits, testing, PPE, isolation and reporting)

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

Dates: In force from Oct. 6, 2020 to Dec. 8, 2020
Quarters: 2020 Q4
Limitations: Health care ordersQuarantine and isolationOther
Functions reached: RS residential care operations; VS visitation; IC infection control and staff testing; IN admissions; DN dining and activities
Grade: Primary source read
Days in this quarter: 64

Enforcement: MCL 333.2261 misdemeanor; LARA licensing action

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order: Requirements for Residential Care Facilities (Oct. 6, 2020) (Ex. MI-051) Open the exhibit

Ex. MI-053

Order of October 12, 2020 in In re Certified Questions, No. 161492

Order denying the Governor's motion for a transition period and confirming the immediate effect of the October 2, 2020 opinion

Michigan Supreme Court, Michigan (Court)

Dates: In force from Oct. 12, 2020 to Dec. 31, 2020
Quarters: 2020 Q4
Limitations: Other
Functions reached: all functions: confirmed the end of the gubernatorial layer
Grade: Confirmed from a secondary source
Days in this quarter: 81 (in force on the last day)

Enforcement: n/a

Citation: Michigan Supreme Court, Order of October 12, 2020 in In re Certified Questions, No. 161492 (Oct. 12, 2020) (Ex. MI-053)

Ex. MI-054

MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19)

MIOSHA COVID-19 Emergency Rules of October 14, 2020

Michigan Occupational Safety and Health Administration (MIOSHA), Department of Labor and Economic Opportunity, Michigan (Sector regulator)

Dates: In force from Oct. 14, 2020 to Apr. 14, 2021
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Telework mandateFace-covering requirementWorkplace rules
Functions reached: OP office (in-person work prohibited where remote feasible); HR screening, training, written preparedness plans; PF, JS, SF, DR sector rules; WF workforce
Grade: Primary source read
Days in this quarter: 79 (in force on the last day)

These rules take effect upon filing with the secretary of state and shall remain in effect for 6 months.... Rule 5. Basic infection prevention measures for all employers.... (8) The employer shall create a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely.

Enforcement: MIOSHA citations and penalties under MCL 408.1035-.1036; MIOSHA issued COVID-19 emergency-rule citations (e.g., Midway Rentals and Sales; Prefix Corporation; Eastbrook Homes, per the LEO document index)

Citation: Michigan Occupational Safety and Health Administration (MIOSHA), Department of Labor and Economic Opportunity, MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19) (Oct. 14, 2020) (Ex. MI-054) Open the exhibit

Ex. MI-055

MDHHS Emergency Order: Requirements for Residential Care Facilities (visitation)

Residential care facilities visitation order of October 21, 2020 (with special-cases grid)

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

Dates: In force from Oct. 21, 2020 to Dec. 8, 2020
Quarters: 2020 Q4
Limitations: Health care ordersOther
Functions reached: VS visitation (indoor visits barred in counties at risk level D or E; outdoor and scheduled visits only); RS residential operations; CB residents and families
Grade: Confirmed from a secondary source
Days in this quarter: 49

Enforcement: MCL 333.2261 misdemeanor; LARA licensing

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order: Requirements for Residential Care Facilities (visitation) (Oct. 21, 2020) (Ex. MI-055) Open the exhibit

Ex. MI-056

2020 PA 236

COVID-19 Response and Reopening Liability Assurance Act

Michigan Legislature (2020 PA 236, approved by the Governor), Michigan (State)

Dates: In force from Oct. 22, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesOther
Functions reached: HR compliance (statutory incentive to follow every order); all functions
Grade: Primary source read
Days in this quarter: 71 (in force on the last day)

Sec. 5. A person who acts in compliance with all federal, state, and local statutes, rules, regulations, executive orders, and agency orders related to COVID-19 that had not been denied legal effect at the time of the conduct or risk that allegedly caused harm is immune from liability for a COVID-19 claim.... Sec. 10. This act applies retroactively to any claim or cause of action that accrues after March 1, 2020.

Enforcement: Civil liability standard (immunity conditioned on compliance with COVID-19 orders)

Citation: Michigan Legislature (2020 PA 236, approved by the Governor), 2020 PA 236 (Oct. 22, 2020) (Ex. MI-056) Open the exhibit

Ex. MI-058

MDHHS Emergency Order: Testing requirements for long-term care facilities

Long-term care facility staff and resident testing order of October 28, 2020

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

Dates: In force from Oct. 28, 2020 to May 5, 2021
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Health care ordersQuarantine and isolation
Functions reached: IC staff testing cadence keyed to county positivity; RS residential operations; WF staff availability
Grade: Confirmed from a secondary source
Days in this quarter: 65 (in force on the last day)

Enforcement: MCL 333.2261 misdemeanor; LARA licensing

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order: Testing requirements for long-term care facilities (Oct. 28, 2020) (Ex. MI-058)

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

Exhibit	Citation	Dates	Limitations
Ex. MI-044	Governor Gretchen Whitmer, Executive Order 2020-176 (Sept. 3, 2020) (Ex. MI-044)	In force from Sept. 4, 2020 to Oct. 2, 2020 (issued Sept. 3, 2020)	Business closureTelework mandateCapacity limitGathering capEvents and venues
Ex. MI-014	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253 incorporating the Governor's executive orders into the epidemic finding (Apr. 2, 2020) (Ex. MI-014)	In force from Apr. 2, 2020 to Oct. 26, 2020	Emergency declarationStay-at-homeBusiness closure
Ex. MI-025	Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025)	In force from May 6, 2020 to July 26, 2021	Capacity limitGathering capCourts and public offices
Ex. MI-029	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order reinforcing the Governor's executive orders (May 18, 2020) (Ex. MI-029)	In force from May 18, 2020 to Oct. 26, 2020	Emergency declarationStay-at-homeBusiness closureWorkplace rules
Ex. MI-046	Governor Gretchen Whitmer, Executive Order 2020-184 (Sept. 25, 2020) (Ex. MI-046)	In force from Sept. 25, 2020 to Oct. 2, 2020	Telework mandateCapacity limitFace-covering requirementWorkplace rules
Ex. MI-004	Michigan Supreme Court, Administrative Order No. 2020-1 (Mar. 15, 2020) (Ex. MI-004)	In force from Mar. 15, 2020 to July 26, 2021	Courts and public offices
Ex. MI-016	Michigan Supreme Court, Administrative Order No. 2020-6 (Apr. 7, 2020) (Ex. MI-016)	In force from Apr. 7, 2020 to July 26, 2021	Courts and public offices
Ex. MI-034	Michigan Supreme Court, Administrative Order No. 2020-17 (June 9, 2020) (Ex. MI-034)	In force from June 9, 2020 to June 24, 2020	Courts and public officesOther
Ex. MI-035	Michigan Supreme Court, Administrative Order No. 2020-19 (June 26, 2020) (Ex. MI-035)	In force from June 26, 2020 to July 26, 2021	Courts and public offices
Ex. MI-037	Michigan Legislature (2020 PA 124, approved by the Governor), 2020 PA 124 (Enrolled Senate Bill 942) (July 1, 2020) (Ex. MI-037)	In force from July 1, 2020 to Sept. 30, 2021	Alcohol and barsOther
Ex. MI-042	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Public Health Order: Testing of agricultural and food-processing employees (Aug. 3, 2020) (Ex. MI-042)	In force from Aug. 3, 2020 to July 1, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. MI-048	Governor Gretchen Whitmer, Executive Order 2020-186 (Sept. 30, 2020) (Ex. MI-048)	In force from Sept. 30, 2020 to Oct. 27, 2020	Emergency declaration
Ex. MI-057	Michigan Legislature (2020 PA 238, approved by the Governor), 2020 PA 238 (Oct. 22, 2020) (Ex. MI-057)	In force from Oct. 22, 2020 to Sept. 30, 2021	Workplace rulesQuarantine and isolationOther

Agencies, boards and authorities: Michigan

Ex. AGY-ST-HEALTH-SUBORDERS-106

Emergency Order Under MCL 333.2253 - Temporary Restrictions on Entry into Congregate Care and Juvenile Justice Facilities

Congregate care and juvenile justice facilities must limit visitor entry, screen every entrant for symptoms and exposure, and apply the stated entry criteria; issued after the Michigan Supreme Court's Oct. 2, 2020 decision invalidated the Governor's orders

Robert Gordon, Director, MDHHS, Michigan - Department of Health and Human Services (State health department) (State)

Dates: In force from Oct. 6, 2020 to Oct. 30, 2020
Quarters: 2020 Q4
Limitations: Gathering capTravel and quarantineHealth care ordersWorkplace rules
Functions reached: VS visitation (entry limits and screening); RS residential operations; HR staff screening; CB families and vendors
Grade: Primary source read
Days in this quarter: 25

On Friday, October 2, 2020, the Michigan Supreme Court concluded that the Governor was not authorized by law to issue executive orders addressing COVID-19 after April 30, 2020... In the absence of the Governor's emergency orders, it is necessary to issue orders under the Public [Health Code]... 1. A congregate care facility or a juvenile justice facility must limit the entry of any visitors consistent [with the following]... criteria must include assessment of signs and symptoms related to a COVID-19 infection... 6. Consistent with MCL 333.2261, violation of this order is a misdemeanor punishable by imprisonment [for not more than 6 months, or a fine of not more than $200, or both]. This order is effective immediately, and remains in effect through October 30, 2020. Date: October 6, 2020

Enforcement: MCL 333.2261 (recited)

Citation: Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Temporary Restrictions on Entry into Congregate Care and Juvenile Justice Facilities (Oct. 6, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-106) Open the exhibit

Ex. AGY-ST-INSURANCE-BANKING-095

Bulletin 2020-41-INS/BT/CF/CU (supersedes Bulletin 2020-38-INS/BT/CF/CU of October 2, 2020)

Compliance with House of Representatives, MDHHS Emergency Order, MIOSHA Emergency Rules, and Legislation Relating to COVID-19

Anita G. Fox, Director, Michigan; Department of Insurance and Financial Services (Sector regulator)

Dates: In force from Oct. 19, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capFace-covering requirementWorkplace rulesOther
Functions reached: OP offices (MIOSHA emergency rules of Oct. 14, 2020: remote work where feasible; written preparedness plans; screening; masks); BR branches (MDHHS gathering and mask orders); WF; IN
Grade: Primary source read
Days in this quarter: 74 (in force on the last day)

Entities and individuals regulated by DIFS must remain apprised of and in compliance with DIFS' bulletins, orders, and other guidance that impact the regulated entity or individual. Regulated entities and individuals shall also remain apprised of and in compliance with new or amended laws [including the MDHHS emergency orders and the MIOSHA emergency rules].

Enforcement: MCL 333.2261 (violation of MDHHS orders a misdemeanor); MCL 408.1035 (MIOSHA penalties); DIFS supervision

Citation: Anita G. Fox, Director, Bulletin 2020-41-INS/BT/CF/CU (supersedes Bulletin 2020-38-INS/BT/CF/CU of October 2, 2020) (Oct. 19, 2020) (Ex. AGY-ST-INSURANCE-BANKING-095) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-105

Emergency Order Under MCL 333.2253 - Reporting of Confirmed and Probable Cases of COVID-19 at Schools

Local health departments must notify schools within 24 hours of a school-associated case; schools must post public notice of cases to the school community within 24 hours

Robert Gordon, Director, MDHHS, Michigan - Department of Health and Human Services (State health department) (State)

Dates: In force from Oct. 12, 2020 to Sept. 30, 2021 (issued Oct. 6, 2020)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Schools and child careWorkplace rulesOther
Functions reached: OF school administration (public notice within 24 hours); WF workforce (parents' knowledge of school exposures; quarantines); IN in-person instruction
Grade: Primary source read
Days in this quarter: 81 (in force on the last day)

these notifications must be made no later than 24 hours after suspected or confirmed exposure... [the] local health department must, within 24 hours, notify the School to which the School Associated [case is linked]... [the] School must provide Public Notice to the School Community in a highly visible location on the [School's website]... 5. Sections 2 and 3 of this order take effect at 8 AM on October 12, 2020. This order is effective immediately, and remains in effect until lifted. Date: October 6, 2020

Enforcement: MCL 333.2261

Citation: Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Reporting of Confirmed and Probable Cases of COVID-19 at Schools (Oct. 6, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-105) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-049

MIOSHA presentation, 'COVID-19 MIOSHA Emergency Rules: Getting Open, Staying Open' (workplace outbreak data as of Oct. 22, 2020; rules effective Oct. 14, 2020)

COVID-19 MIOSHA Emergency Rules - Getting Open, Staying Open (agency presentation)

MIOSHA, Michigan; MIOSHA, Department of Labor and Economic Opportunity (Sector regulator)

Dates: In force from Oct. 14, 2020 to Dec. 31, 2020 (issued Oct. 22, 2020)
Quarters: 2020 Q4
Limitations: Telework mandateFace-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: EMP; PF manufacturing and construction; OF offices; DR; SF
Grade: Confirmed from a secondary source
Days in this quarter: 79 (in force on the last day)

COVID-19 MIOSHA Emergency Rules - Getting Open, Staying Open... Effective October 14... General Duty Clause... DHHS Epidemic Orders effective... Tracking 52 ongoing Workplace Outbreaks... 26 - Associated with Manufacturing/Construction... 10 - Associated with Offices.

Enforcement: As in Ex. MI-054

Citation: MIOSHA, MIOSHA presentation, 'COVID-19 MIOSHA Emergency Rules: Getting Open, Staying Open' (workplace outbreak data as of Oct. 22, 2020; rules effective Oct. 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-049) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-064

MIOSHA Citation and Notification of Penalty issued to a Michigan restaurant for violations of the COVID-19 Emergency Rules (published Jan. 2021)

MIOSHA citation: COVID-19 Emergency Rules violations (restaurant)

MIOSHA, Michigan; MIOSHA, Department of Labor and Economic Opportunity (Sector regulator)

Dates: Effective: n/a (enforcement record)
Quarters: 2020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rules
Functions reached: EMP; DR dining room; HR
Grade: Primary source read

[Citation and Notification of Penalty for violation of the MIOSHA COVID-19 Emergency Rules (preparedness plan, face coverings, screening, distancing), with proposed penalties.]

Enforcement: Proposed civil penalties under MCL 408.1035

Citation: MIOSHA, MIOSHA Citation and Notification of Penalty issued to a Michigan restaurant for violations of the COVID-19 Emergency Rules (published Jan. 2021) (Ex. AGY-ST-LABOR-WORKPLACE-064) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-GAMING-RACING-081	Michigan Gaming Control Board (Executive Director Richard S. Kalm), Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted June 2020) (Ex. AGY-ST-GAMING-RACING-081)	In force from Aug. 5, 2020 to June 30, 2021 (issued June 8, 2020)	Business closureCapacity limitFace-covering requirementHealth care ordersWorkplace rules
Ex. AGY-ST-EDUCATION-HIGHER-ED-053	MHSAA Representative Council, MHSAA Council Reinstates 2020 Football Season; Full Fall Competition Schedule Authorized (September 3, 2020) (Sept. 3, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-053)	In force from Sept. 3, 2020 to Nov. 15, 2020	Capacity limitFace-covering requirementEvents and venues
Ex. AGY-ST-HEALTH-SUBORDERS-093	Robert Gordon, Director, Michigan Department of Health and Human Services, Emergency Order Pursuant to MCL 333.2253 - Instructions to Laboratories, Health Professionals and Hospitals (COVID-19 Testing Prioritization and Reporting) (Mar. 23, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-093)	In force from Mar. 23, 2020 to June 30, 2021	Health care ordersWorkplace rulesSupply chainOther
Ex. AGY-ST-UTILITIES-HOUSING-AG-013	Governor Gretchen Whitmer, Executive Order No. 2020-28 (Mar. 28, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-013)	In force from Mar. 28, 2020 to Oct. 2, 2020	Other
Ex. AGY-ST-HEALTH-SUBORDERS-094	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - COVID-19 Death Reporting (Apr. 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-094)	In force from Apr. 4, 2020 to June 30, 2021	Workplace rulesOther
Ex. AGY-ST-DMV-SOS-RECORDERS-041	Governor Gretchen Whitmer, Executive Order No. 2020-41 (Apr. 8, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-041)	In force from Apr. 8, 2020 to June 30, 2021	Courts and public officesOther
Ex. AGY-ST-HEALTH-SUBORDERS-095	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Handling of Bodily Remains (May 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-095)	In force from May 4, 2020 to June 30, 2021	Workplace rulesOther
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066	MDHHS Director Robert Gordon (release describing the Emergency Order of Aug. 3, 2020, Ex. MI-042), MDHHS release, 'Emergency Order Requiring Testing of Agricultural and Food Processing Employees Remains in Effect' (describing the Aug. 3, 2020 order's testing requirements for migrant housing camp operators and agricultural, meat, poultry, egg and greenhouse employers, the Aug. 24 compliance deadline and the W.D. Mich. denial of a temporary restraining order) (Aug. 17, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066)	In force from Aug. 3, 2020 to June 11, 2021 (issued Aug. 17, 2020)	Health care ordersWorkplace rulesQuarantine and isolation
Ex. AGY-ST-HEALTH-SUBORDERS-098	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for Prison Staff (Aug. 19, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-098)	In force from Sept. 8, 2020 to June 30, 2021 (issued Aug. 19, 2020)	Health care ordersWorkplace rulesQuarantine and isolation
Ex. AGY-ST-HEALTH-SUBORDERS-097	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Hospitals and Centers Staff (Sept. 14, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-097)	In force from Sept. 14, 2020 to June 30, 2021	Health care ordersWorkplace rules
Ex. AGY-ST-HEALTH-SUBORDERS-099	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Juvenile Justice Facility Staff (Sept. 18, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-099)	In force from Sept. 18, 2020 to June 30, 2021	Health care ordersWorkplace 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 Michigan

Ex. MI-063

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order

Gatherings and Face Mask Order of January 13, 2021 (indoor group exercise and non-contact sports resume; indoor dining still closed)

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

Dates: In force from Jan. 16, 2021 to Jan. 31, 2021 (issued Jan. 13, 2021)
Quarters: 2021 Q1
Limitations: Business closureTelework mandateCapacity limitGathering capFace-covering requirementAlcohol and barsEvents and venuesWorkplace rules
Functions reached: DR and BA (indoor dining closed through January 31, 2021); GATH all indoor non-residential gatherings prohibited; MK meetings, conferences, trade shows; SF (30 percent); FC (25 percent; contact tracing); SL personal care (contact information duty); RP in-home services (distancing rules); OP office (MIOSHA rules)
Grade: Primary source read
Days in this quarter: 16

2. General capacity limitations at gatherings. (a) Indoor gatherings: (1) Are prohibited at residential venues, except where no more than 10 persons from no more than 2 households are gathered...; (2) Are prohibited at non-residential venues. (b) Outdoor gatherings are permitted only as follows: (1) At residential venues, 25 or fewer persons are gathered, comprised of no more than 3 households; (2) At non-residential venues: (A) 25 or fewer persons are gathered at a venue without fixed seating... (c) The limitations to gatherings in sections 2(a) and 2(b) do not apply to:... (3) Workplace gatherings that occur consistent with the Emergency Rules issued by MIOSHA on October 14, 2020;... 3(b) Gatherings are permitted at food service establishments under the following conditions: (1) Persons are not gathered indoors except in custodial settings, medical facilities, school and university…

Enforcement: § 9(b): local health departments authorized to enforce (MCL 333.2235(1)); § 9(e): misdemeanor (MCL 333.2261); § 9(g): civil fine up to $1,000 per violation per day (MCL 333.2262(1))

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Jan. 13, 2021) (Ex. MI-063) Open the exhibit

Ex. MI-064

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order

Gatherings and Face Mask Order of January 22, 2021 (indoor dining resumes February 1 at 25 percent, 100-person cap, 10 pm close)

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from Feb. 1, 2021 to Feb. 21, 2021 (issued Jan. 22, 2021)
Quarters: 2021 Q1
Limitations: Telework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Functions reached: DR dining room (25 percent; 100 cap; 10 pm curfew); BA bar; GATH indoor non-residential gatherings of 10 from 2 households only; MK meetings and events; SF (30 percent); FC (25 percent); OP office
Grade: Primary source read
Days in this quarter: 21

2(a) Indoor gatherings: (1) Are prohibited at residential venues, except where no more than 10 persons from no more than 2 households are gathered...; (2) Are prohibited at non-residential venues, except where no more than 10 persons from no more than 2 households are gathered.... 3(b)(4) At establishments offering indoor dining: [the number of patrons] does not exceed 25% of normal seating capacity, or 100 persons, whichever is less... [establishments] must close indoor dining between the hours of 10:00 PM and 4:00 AM... 4(a) A gathering at a retail store, library, or museum must not exceed 30% of total occupancy limits... Except as otherwise provided herein, this order takes effect on February 1, 2021, at 12:01 AM, at which time the January 13, 2021, order entitled Gatherings and Face Mask Order is rescinded. This order remains in effect through February 21, 2021, at 11:59 PM.

Enforcement: MCL 333.2235(1); MCL 333.2261; MCL 333.2262(1) (as in the series)

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Jan. 22, 2021) (Ex. MI-064) Open the exhibit

Ex. MI-065

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order

Gatherings and Face Mask Order of February 4, 2021 (clarifying gathering rules; in effect through March 29, 2021)

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from Feb. 8, 2021 to Mar. 29, 2021 (issued Feb. 4, 2021)
Quarters: 2021 Q1
Limitations: Telework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Functions reached: GATH; DR (25 percent; 10 pm close); SF (30 percent); FC (25 percent); MK; OP
Grade: Confirmed from a secondary source
Days in this quarter: 50

As summarized by the Husch Blackwell tracker (secondary): 'indoor gatherings are limited to no more than 10 persons from no more than two households, while outdoor gatherings are limited to 25 or fewer persons'; the order remained 'in effect until March 29, 2021 at 11:59 p.m.'

Enforcement: MCL 333.2261; MCL 333.2262(1) (as in the series)

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Feb. 4, 2021) (Ex. MI-065)

Ex. MI-066

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order

Gatherings and Face Mask Order of March 2, 2021 (indoor dining to 50 percent and 100 persons, 11 pm close; indoor residential gatherings 15 from 3 households; indoor non-residential gatherings 25; retail 50 percent)

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from Mar. 5, 2021 to Apr. 19, 2021 (issued Mar. 2, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Telework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Functions reached: DR (50 percent; 100 cap; 11 pm close); GATH (15 indoor residential from 3 households; 25 indoor non-residential; outdoor 50 residential / 300 non-residential); SF (50 percent); FC (30 percent); PE (50 percent, 300 cap); MK; OP
Grade: Primary source read
Days in this quarter: 27 (in force on the last day)

2(a) Indoor gatherings: (1) Are prohibited at residential venues, except where no more than 15 persons from no more than 3 households are gathered...; (2) Are prohibited at non-residential venues, except where no more than 25 persons are gathered... (b)(2) At non-residential venues, 300 or fewer persons are gathered.... [Food service:] does not exceed 50% of normal seating capacity, or 100 persons, whichever is less... indoor dining is closed between the hours of 11:00 PM and 4:00 AM... 4(a) A gathering at a retail setting, library, or museum must not exceed 50% of total occupancy limits... This order takes effect on March 5, 2021, at 12:01 AM, at which time the February 4, 2021, order entitled Gatherings and Face Mask Order is rescinded. This order remains in effect through April 19, 2021, at 11:59 PM.

Enforcement: MCL 333.2261; MCL 333.2262(1) (as in the series)

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Mar. 2, 2021) (Ex. MI-066) Open the exhibit

Ex. MI-067

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (amendment of March 19, 2021)

Gatherings and Face Mask Order of March 19, 2021 (sports testing and mask amendments)

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from Mar. 22, 2021 to Apr. 19, 2021 (issued Mar. 19, 2021)
Quarters: 2021 Q12021 Q2
Limitations: Capacity limitGathering capFace-covering requirementEvents and venues
Functions reached: SP organized sports (weekly testing of athletes 13-19); GATH; MASK
Grade: Confirmed from a secondary source
Days in this quarter: 10 (in force on the last day)

Enforcement: MCL 333.2261; MCL 333.2262(1)

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (amendment of March 19, 2021) (Mar. 19, 2021) (Ex. MI-067) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. MI-062	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Dec. 18, 2020) (Ex. MI-062)	In force from Dec. 21, 2020 to Jan. 15, 2021 (issued Dec. 18, 2020)	Business closureTelework mandateCapacity limitGathering capFace-covering requirementSchools and child careAlcohol and barsEvents and venues
Ex. MI-025	Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025)	In force from May 6, 2020 to July 26, 2021	Capacity limitGathering capCourts and public offices
Ex. MI-004	Michigan Supreme Court, Administrative Order No. 2020-1 (Mar. 15, 2020) (Ex. MI-004)	In force from Mar. 15, 2020 to July 26, 2021	Courts and public offices
Ex. MI-016	Michigan Supreme Court, Administrative Order No. 2020-6 (Apr. 7, 2020) (Ex. MI-016)	In force from Apr. 7, 2020 to July 26, 2021	Courts and public offices
Ex. MI-034	Michigan Supreme Court, Administrative Order No. 2020-17 (June 9, 2020) (Ex. MI-034)	In force from June 9, 2020 to June 24, 2020	Courts and public officesOther
Ex. MI-035	Michigan Supreme Court, Administrative Order No. 2020-19 (June 26, 2020) (Ex. MI-035)	In force from June 26, 2020 to July 26, 2021	Courts and public offices
Ex. MI-037	Michigan Legislature (2020 PA 124, approved by the Governor), 2020 PA 124 (Enrolled Senate Bill 942) (July 1, 2020) (Ex. MI-037)	In force from July 1, 2020 to Sept. 30, 2021	Alcohol and barsOther
Ex. MI-042	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Public Health Order: Testing of agricultural and food-processing employees (Aug. 3, 2020) (Ex. MI-042)	In force from Aug. 3, 2020 to July 1, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. MI-054	Michigan Occupational Safety and Health Administration (MIOSHA), Department of Labor and Economic Opportunity, MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19) (Oct. 14, 2020) (Ex. MI-054)	In force from Oct. 14, 2020 to Apr. 14, 2021	Telework mandateFace-covering requirementWorkplace rules
Ex. MI-056	Michigan Legislature (2020 PA 236, approved by the Governor), 2020 PA 236 (Oct. 22, 2020) (Ex. MI-056)	In force from Oct. 22, 2020 to Sept. 30, 2021	Workplace rulesOther
Ex. MI-057	Michigan Legislature (2020 PA 238, approved by the Governor), 2020 PA 238 (Oct. 22, 2020) (Ex. MI-057)	In force from Oct. 22, 2020 to Sept. 30, 2021	Workplace rulesQuarantine and isolationOther
Ex. MI-058	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order: Testing requirements for long-term care facilities (Oct. 28, 2020) (Ex. MI-058)	In force from Oct. 28, 2020 to May 5, 2021	Health care ordersQuarantine and isolation

Agencies, boards and authorities: Michigan

Ex. AGY-ST-HEALTH-SUBORDERS-100

Emergency Order Under MCL 333.2253 - Testing of State of Michigan Nursing Home Inspectors (LARA)

State nursing-home inspectors (LARA surveyors) must be tested for COVID-19 before entering nursing homes; rescinds the prior inspector-testing order; in effect until May 1, 2021

Robert Gordon, Director, MDHHS, Michigan - Department of Health and Human Services (State health department) (State)

Dates: In force from Jan. 11, 2021 to May 1, 2021
Quarters: 2021 Q12021 Q2
Limitations: Travel and quarantineHealth care ordersWorkplace rules
Functions reached: IC infection control (entry of State surveyors conditioned on testing); HR State workforce; RS nursing home operations (survey visits)
Grade: Primary source read
Days in this quarter: 80 (in force on the last day)

MCL 333.2253(1) provides that '[i]f the director determines that control of an epidemic is necessary to protect the public health, the director by emergency order may prohibit the gathering of [people for any purpose and may establish procedures]... [Inspectors must be tested before entering nursing homes as set out]... (b) Under MCL 333.2235(1), local health departments are authorized to carry out and enforce [this order]... (c) Consistent with MCL 333.2261, violation of this order is a misdemeanor punishable by [imprisonment for not more than 6 months, or a fine of not more than $200, or both]... This order is effective immediately and remains in effect until May 1, 2021, unless otherwise rescinded. Date: January 11, 2021

Enforcement: MCL 333.2261 (recited: misdemeanor); MCL 333.2235(1) (local enforcement)

Citation: Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Testing of State of Michigan Nursing Home Inspectors (LARA) (Jan. 11, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-100) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-104

Michigan Interim COVID-19 Vaccination Strategy (Jan. 29, 2021)

Allocation strategy: distribution to providers by population and social vulnerability; 90 percent administration within seven days expected of providers; priority groups

Michigan Department of Health and Human Services, Michigan - Department of Health and Human Services (State health department) (State)

Dates: In force from Jan. 29, 2021 to June 8, 2021
Quarters: 2021 Q12021 Q2
Limitations: Health care ordersVaccination or testingSupply chain
Functions reached: SC vaccine allocation; CL provider administration expectations; CB patient base
Grade: Confirmed from a secondary source
Days in this quarter: 62 (in force on the last day)

Michigan Interim COVID-19 Vaccination Strategy, January 29, 2021 [allocation formula, provider administration expectations and priority populations].

Enforcement: Provider agreement compliance (allocation consequences)

Citation: Michigan Department of Health and Human Services, Michigan Interim COVID-19 Vaccination Strategy (Jan. 29, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-104) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-096

Emergency Order under MCL 333.2253 - Administration of COVID-19 Tests (authorizing standing orders for testing)

The Chief Medical Executive, local health officers and medical directors may issue standing orders for any CLIA-waived, FDA-authorized SARS-CoV-2 test, allowing testing at locations without medical staff

Elizabeth Hertel, Director, MDHHS, Michigan - Department of Health and Human Services (State health department) (State)

Dates: In force from Feb. 2, 2021 to June 30, 2021
Quarters: 2021 Q12021 Q2
Limitations: Health care ordersWorkplace rulesOther
Functions reached: DX diagnostics (standing-order testing at non-medical sites); HR employer screening programs; SCH school testing
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

MCL 333.2253(1) provides that: [if]... control of an epidemic is necessary to protect the public health, the director by emergency order may prohibit the gathering of people for any [purpose and may establish procedures]... I therefore order that: 1. Definitions. (a) 'Authorized physician' means the Chief Medical Executive, a Health officer, or a Medical director who is a physician licensed to practice medicine in the State of Michigan... 2. Ordering of tests. (a) An Authorized Physician may issue a standing order for any CLIA-waived, FDA-authorized SARS-CoV-2 tests that has received emergency use authorization for COVID-19.... This order takes effect immediately and remains in effect until rescinded. Date: February 2, 2021

Enforcement: MCL 333.2261

Citation: Elizabeth Hertel, Director, MDHHS, Emergency Order under MCL 333.2253 - Administration of COVID-19 Tests (authorizing standing orders for testing) (Feb. 2, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-096) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-GAMING-RACING-081	Michigan Gaming Control Board (Executive Director Richard S. Kalm), Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted June 2020) (Ex. AGY-ST-GAMING-RACING-081)	In force from Aug. 5, 2020 to June 30, 2021 (issued June 8, 2020)	Business closureCapacity limitFace-covering requirementHealth care ordersWorkplace rules
Ex. AGY-ST-INSURANCE-BANKING-095	Anita G. Fox, Director, Bulletin 2020-41-INS/BT/CF/CU (supersedes Bulletin 2020-38-INS/BT/CF/CU of October 2, 2020) (Oct. 19, 2020) (Ex. AGY-ST-INSURANCE-BANKING-095)	In force from Oct. 19, 2020 to Sept. 30, 2021	Gathering capFace-covering requirementWorkplace rulesOther
Ex. AGY-ST-HEALTH-SUBORDERS-093	Robert Gordon, Director, Michigan Department of Health and Human Services, Emergency Order Pursuant to MCL 333.2253 - Instructions to Laboratories, Health Professionals and Hospitals (COVID-19 Testing Prioritization and Reporting) (Mar. 23, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-093)	In force from Mar. 23, 2020 to June 30, 2021	Health care ordersWorkplace rulesSupply chainOther
Ex. AGY-ST-HEALTH-SUBORDERS-094	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - COVID-19 Death Reporting (Apr. 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-094)	In force from Apr. 4, 2020 to June 30, 2021	Workplace rulesOther
Ex. AGY-ST-DMV-SOS-RECORDERS-041	Governor Gretchen Whitmer, Executive Order No. 2020-41 (Apr. 8, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-041)	In force from Apr. 8, 2020 to June 30, 2021	Courts and public officesOther
Ex. AGY-ST-HEALTH-SUBORDERS-095	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Handling of Bodily Remains (May 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-095)	In force from May 4, 2020 to June 30, 2021	Workplace rulesOther
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066	MDHHS Director Robert Gordon (release describing the Emergency Order of Aug. 3, 2020, Ex. MI-042), MDHHS release, 'Emergency Order Requiring Testing of Agricultural and Food Processing Employees Remains in Effect' (describing the Aug. 3, 2020 order's testing requirements for migrant housing camp operators and agricultural, meat, poultry, egg and greenhouse employers, the Aug. 24 compliance deadline and the W.D. Mich. denial of a temporary restraining order) (Aug. 17, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066)	In force from Aug. 3, 2020 to June 11, 2021 (issued Aug. 17, 2020)	Health care ordersWorkplace rulesQuarantine and isolation
Ex. AGY-ST-HEALTH-SUBORDERS-098	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for Prison Staff (Aug. 19, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-098)	In force from Sept. 8, 2020 to June 30, 2021 (issued Aug. 19, 2020)	Health care ordersWorkplace rulesQuarantine and isolation
Ex. AGY-ST-HEALTH-SUBORDERS-097	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Hospitals and Centers Staff (Sept. 14, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-097)	In force from Sept. 14, 2020 to June 30, 2021	Health care ordersWorkplace rules
Ex. AGY-ST-HEALTH-SUBORDERS-099	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Juvenile Justice Facility Staff (Sept. 18, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-099)	In force from Sept. 18, 2020 to June 30, 2021	Health care ordersWorkplace rules
Ex. AGY-ST-HEALTH-SUBORDERS-105	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Reporting of Confirmed and Probable Cases of COVID-19 at Schools (Oct. 6, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-105)	In force from Oct. 12, 2020 to Sept. 30, 2021 (issued Oct. 6, 2020)	Schools and child careWorkplace rulesOther
Ex. AGY-ST-LABOR-WORKPLACE-064	MIOSHA, MIOSHA Citation and Notification of Penalty issued to a Michigan restaurant for violations of the COVID-19 Emergency Rules (published Jan. 2021) (Ex. AGY-ST-LABOR-WORKPLACE-064)	Effective: n/a (enforcement record)	Face-covering requirementWorkplace rules

End of general restrictions, State of Michigan: MDHHS Rescission of Emergency Orders (Director Hertel), signed June 17, 2021 (Ex. MI-076), rescinding the Gatherings and Face Mask Order of May 24, 2021 (effective June 1, 2021) (Ex. MI-073); MIOSHA rescinded its COVID-19 Emergency Rules the same day (Ex. MI-074 series) (2021-06-22). What remained: The rescission order (read in-session) lists nine rescinded orders and omits the residential care facilities, residential care testing, prisons and agricultural testing orders, which therefore continued: MDHHS Requirements for Residential Care Facilities order of May 21, 2021 (Ex. MI-072); MDHHS residential care facility testing order of May 5, 2021 (Ex. MI-070, replaced October 12, 2021); MDHHS Requirements for Prisons order of June 25, 2021 (Ex. MI-077, replaced January 13, 2022); MDHHS agricultural worker testing order until July 1, 2021 (Exs. MI-075, MI-078); 2020 PA 238, the COVID-19 Employment Rights Act (Ex. MI-057); Michigan Supreme Court AOs 2020-1, 2020-6, 2020-9, 2020-14 and 2020-19 until July 26, 2021 and AO 2020-17 as amended July 2 and July 26, 2021 (Exs. MI-079, MI-080); county health officer school quarantine and mask orders from August 6, 2021 (Exs. MI-081 to MI-085); the federal layer (CDC conveyance mask order; OSHA Healthcare ETS from June 21, 2021.

Preemption of local orders, State of Michigan: None during the period. Michigan's Public Health Code gives local health officers independent authority to issue imminent-danger and epidemic orders (MCL 333.2451, 333.2453), and every MDHHS Gatherings and Face Mask Order provided that 'local health departments are authorized to carry out and enforce the terms of this order' (MCL 333.2235(1)) (Exs. MI-059, MI-063); EO 2020-92 § 14 preserved 'the existing power of a local government to impose further restrictions on restaurants or bars,' and EO 2020-110 §§ 10 and 13 applied 'Unless otherwise prohibited by local regulation.' The first legislative attempt at preemption was Sec. 250 of 2021 PA 87 (approved and effective September 29, 2021) (Ex. MI-086), barring the MDHHS director and local health officers from issuing or enforcing mask orders for persons under 18; the Governor's signing statement declared it unenforceable and the county school-mask orders continued into the 2021-22 school year. The Legislature's adoption of the Unlock Michigan initiative repealing the Emergency Powers of the Governor Act (July 21, 2021) addressed gubernatorial authority, not local orders.

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 Michigan

Ex. MI-068

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order

Gatherings and Face Mask Order of April 16, 2021 (regime continued through May 24, 2021)

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from Apr. 19, 2021 to May 24, 2021 (issued Apr. 16, 2021)
Quarters: 2021 Q2
Limitations: Telework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Functions reached: DR (50 percent; 11 pm close); GATH; SF (50 percent); FC; PE; MK; OP
Grade: Confirmed from a secondary source
Days in this quarter: 36

As recited in the May 4, 2021 order (Ex. MI-069): 'This order takes effect on May 6, 2021, at 12:01 AM, at which time the April 19, 2021, order entitled Gatherings and Face Mask Order is rescinded.'

Enforcement: MCL 333.2261; MCL 333.2262(1)

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Apr. 16, 2021) (Ex. MI-068) Open the exhibit

Ex. MI-069

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order

Gatherings and Face Mask Order of May 4, 2021 ('MI Vacc to Normal' step one)

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from May 6, 2021 to May 31, 2021 (issued May 4, 2021)
Quarters: 2021 Q2
Limitations: Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Functions reached: GATH (15 indoor residential; 25 indoor non-residential; 300 outdoor); MK meetings and conferences (25 indoor cap); DR (50 percent; 11 pm close); PE and AM (50 percent); SP stadiums; MASK; CB
Grade: Primary source read
Days in this quarter: 26

2(a) Indoor gatherings: (1) Are prohibited at residential venues, except where no more than 15 persons from no more than 3 households are gathered...; (2) Are prohibited at non-residential venues, except where no more than 25 persons are gathered... (b) Outdoor gatherings are permitted only as follows: (1) At residential venues, where 50 persons are gathered. Or, where density does not exceed 20 persons per 1,000 square feet of outdoor space, up to 300 persons may be gathered...; (2) At non-residential venues, where 300 or fewer persons are gathered.... [Entertainment and recreational facilities:] (A) Where applicable, occupancy must not exceed 50% of the limits established by the State Fire Marshal... [Food service:] indoor dining is closed between the hours of 11:00 PM and 4:00 AM... This order takes effect on May 6, 2021, at 12:01 AM, at which time the April 19, 2021, order entitled…

Enforcement: MCL 333.2235(1); MCL 333.2261; MCL 333.2262(1)

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (May 4, 2021) (Ex. MI-069) Open the exhibit

Ex. MI-071

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order

Gatherings and Face Mask Order of May 14, 2021 (fully vaccinated persons exempt from masks; outdoor mask requirement ended)

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from May 15, 2021 to May 31, 2021 (issued May 14, 2021)
Quarters: 2021 Q2
Limitations: Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Functions reached: GATH (25 indoor non-residential cap continued); DR (50 percent; 11 pm close); PE and AM (50 percent); MASK (unvaccinated persons indoors); CB
Grade: Primary source read
Days in this quarter: 17

On May 13, 2021, the CDC released guidance indicating the fully vaccinated persons need not wear a mask in most settings... 2(a) Indoor gatherings: (1) Are prohibited at residential venues, except where no more than 15 persons from no more than 3 households are gathered...; (2) Are prohibited at non-residential venues, except where no more than 25 persons are gathered... (b)(2) At non-residential venues, where 300 or fewer persons are gathered.... [indoor dining closed] 11:00 PM and 4:00 AM... This order takes effect on Saturday, May 15, 2021, at 9:00 AM. At that time, the order entitled 'Gatherings and Face Mask Order' issued on May 4, 2021, is rescinded.

Enforcement: MCL 333.2235(1); MCL 333.2261; MCL 333.2262(1)

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (May 14, 2021) (Ex. MI-071) Open the exhibit

Ex. MI-073

MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order

Gatherings and Face Mask Order of May 24, 2021 (effective June 1: outdoor capacity limits lifted; indoor capacity 50 percent; masks for unvaccinated persons indoors)

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from June 1, 2021 to July 1, 2021 (issued May 24, 2021)
Quarters: 2021 Q2
Limitations: Capacity limitGathering capFace-covering requirementEvents and venues
Functions reached: DR, PE, AM, FC, SF (50 percent indoor capacity); GATH indoor; MASK (unvaccinated persons); CB
Grade: Confirmed from a secondary source
Days in this quarter: 30 (in force on the last day)

Enforcement: MCL 333.2261; MCL 333.2262(1)

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (May 24, 2021) (Ex. MI-073) Open the exhibit

Ex. MI-070

MDHHS Emergency Order: Testing requirements for residential care facilities

Residential care facility testing order of May 5, 2021

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from May 5, 2021 to Oct. 12, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersQuarantine and isolation
Functions reached: IC staff testing (unvaccinated staff tested weekly); RS residential operations; WF staff
Grade: Confirmed from a secondary source
Days in this quarter: 57 (in force on the last day)

Enforcement: MCL 333.2261 misdemeanor; LARA licensing

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order: Testing requirements for residential care facilities (May 5, 2021) (Ex. MI-070) Open the exhibit

Ex. MI-072

MDHHS Emergency Order: Requirements for Residential Care Facilities

Residential care facilities order of May 21, 2021 (visitation, testing, PPE, isolation and reporting requirements)

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from May 21, 2021 to Nov. 13, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolationOther
Functions reached: RS residential operations; VS visitation (screening, masks, outbreak restrictions); IC infection control and staff testing; IN admissions and transfers; DN communal dining and activities
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

1(a) Residential care facilities (hereafter referred to as 'facilities' in this order) shall comply with the Center for Medicare and Medicaid Services guidance included in QSO-20-39-NH. Consistent with that guidance, facilities shall: (1) Make efforts to allow communal dining and group activities to occur for those residents who are not in isolation... (2) Ensure that dining and group activities: (A) Have adequate physical distancing, at least six feet between participants, any time a resident who is not fully vaccinated is present. (B) Require participating residents to wear masks, if able, when not eating or drinking, any time a resident who is not fully vaccinated is present.... (3) Inform employees and residents of the presence of a confirmed COVID-19 positive [employee or resident, with notice displayed] until 14 days after the last positive COVID-19 test result... (e) The March 17…

Enforcement: MCL 333.2261 misdemeanor; LARA licensing

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order: Requirements for Residential Care Facilities (May 21, 2021) (Ex. MI-072) Open the exhibit

Ex. MI-074

MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19), as amended May 24, 2021

Amended MIOSHA COVID-19 Emergency Rules of May 24, 2021 (remote-work requirement removed; sector rules replaced by CDC-based rules)

MIOSHA, Department of Labor and Economic Opportunity, Michigan (Sector regulator)

Dates: In force from May 24, 2021 to June 22, 2021
Quarters: 2021 Q2
Limitations: Face-covering requirementWorkplace rules
Functions reached: HR written preparedness plans, screening; OP office (in-person work permitted again); WF
Grade: Confirmed from a secondary source
Days in this quarter: 30

Enforcement: MIOSHA citations and penalties

Citation: MIOSHA, Department of Labor and Economic Opportunity, MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19), as amended May 24, 2021 (Ex. MI-074) Open the exhibit

Ex. MI-075

MDHHS Emergency Order: Agricultural worker testing (re-issued)

Agricultural and food-processing worker testing order of June 11, 2021

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from June 11, 2021 to July 1, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: FP; PK; LB; WF
Grade: Confirmed from a secondary source
Days in this quarter: 20 (in force on the last day)

Enforcement: MCL 333.2261; MCL 333.2262

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order: Agricultural worker testing (re-issued) (June 11, 2021) (Ex. MI-075) Open the exhibit

Ex. MI-076

MDHHS Rescission of Emergency Orders (June 17, 2021)

Rescission of the Gatherings and Face Mask Order and related epidemic orders, effective June 22, 2021

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from June 22, 2021 to June 30, 2021 (issued June 17, 2021)
Quarters: 2021 Q2
Limitations: Other
Functions reached: ends the general gathering, capacity and mask limits; the residential care, prison and testing orders continued
Grade: Primary source read
Days in this quarter: 9 (in force on the last day)

I therefore order that the following Emergency Orders be rescinded effective June 22, 2021, at 12:01 AM: 1. Gatherings and Face Mask Order (signed on May 24, 2021; effective on June 1, 2021) 2. Temporary Restrictions for Entry into Congregate Care and Juvenile Justice Facilities (October 29, 2020) 3. Mandatory Testing for Michigan Department of Health and Human Services' Juvenile Justice Facility Staff (signed on September 18, 2020) 4. Mandatory Testing for Michigan Department of Health and Human Services Hospitals and Centers Staff (September 14, 2020) 5. Exceptions to Temporary Restrictions on Entry into Congregate Care and Juvenile Justice Facilities (June 29, 2020) 6. Exceptions to Temporary Restrictions on Entry into Certain Facilities (June 3, 2020) 7. Safe Housing for Housing Unstable Individuals (May 12, 2020) 8. Handling of Bodily Remains (May 4, 2020) 9. Safe Housing for…

Enforcement: n/a

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Rescission of Emergency Orders (June 17, 2021) (Ex. MI-076) Open the exhibit

Ex. MI-077

MDHHS Emergency Order: Requirements for Prisons

Prison requirements order of June 25, 2021 (testing, masking, isolation and visitation rules for State correctional facilities)

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from June 25, 2021 to Jan. 13, 2022
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersQuarantine and isolationOther
Functions reached: CR prison visitation and volunteer access; PL contractor placements at prisons; WF
Grade: Confirmed from a secondary source
Days in this quarter: 6 (in force on the last day)

Enforcement: MCL 333.2261

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order: Requirements for Prisons (June 25, 2021) (Ex. MI-077) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. MI-025	Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025)	In force from May 6, 2020 to July 26, 2021	Capacity limitGathering capCourts and public offices
Ex. MI-066	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Mar. 2, 2021) (Ex. MI-066)	In force from Mar. 5, 2021 to Apr. 19, 2021 (issued Mar. 2, 2021)	Telework mandateCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venues
Ex. MI-067	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (amendment of March 19, 2021) (Mar. 19, 2021) (Ex. MI-067)	In force from Mar. 22, 2021 to Apr. 19, 2021 (issued Mar. 19, 2021)	Capacity limitGathering capFace-covering requirementEvents and venues
Ex. MI-004	Michigan Supreme Court, Administrative Order No. 2020-1 (Mar. 15, 2020) (Ex. MI-004)	In force from Mar. 15, 2020 to July 26, 2021	Courts and public offices
Ex. MI-016	Michigan Supreme Court, Administrative Order No. 2020-6 (Apr. 7, 2020) (Ex. MI-016)	In force from Apr. 7, 2020 to July 26, 2021	Courts and public offices
Ex. MI-034	Michigan Supreme Court, Administrative Order No. 2020-17 (June 9, 2020) (Ex. MI-034)	In force from June 9, 2020 to June 24, 2020	Courts and public officesOther
Ex. MI-035	Michigan Supreme Court, Administrative Order No. 2020-19 (June 26, 2020) (Ex. MI-035)	In force from June 26, 2020 to July 26, 2021	Courts and public offices
Ex. MI-037	Michigan Legislature (2020 PA 124, approved by the Governor), 2020 PA 124 (Enrolled Senate Bill 942) (July 1, 2020) (Ex. MI-037)	In force from July 1, 2020 to Sept. 30, 2021	Alcohol and barsOther
Ex. MI-042	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Public Health Order: Testing of agricultural and food-processing employees (Aug. 3, 2020) (Ex. MI-042)	In force from Aug. 3, 2020 to July 1, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. MI-054	Michigan Occupational Safety and Health Administration (MIOSHA), Department of Labor and Economic Opportunity, MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19) (Oct. 14, 2020) (Ex. MI-054)	In force from Oct. 14, 2020 to Apr. 14, 2021	Telework mandateFace-covering requirementWorkplace rules
Ex. MI-056	Michigan Legislature (2020 PA 236, approved by the Governor), 2020 PA 236 (Oct. 22, 2020) (Ex. MI-056)	In force from Oct. 22, 2020 to Sept. 30, 2021	Workplace rulesOther
Ex. MI-057	Michigan Legislature (2020 PA 238, approved by the Governor), 2020 PA 238 (Oct. 22, 2020) (Ex. MI-057)	In force from Oct. 22, 2020 to Sept. 30, 2021	Workplace rulesQuarantine and isolationOther
Ex. MI-058	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order: Testing requirements for long-term care facilities (Oct. 28, 2020) (Ex. MI-058)	In force from Oct. 28, 2020 to May 5, 2021	Health care ordersQuarantine and isolation

Agencies, boards and authorities: Michigan

Ex. AGY-ST-LABOR-WORKPLACE-062

MIOSHA Emergency Rules, Coronavirus Disease 2019 (COVID-19), as amended and refiled May 24, 2021 (superseding the emergency rules filed Oct. 14, 2020 and their extension filed Apr. 13, 2021)

MIOSHA COVID-19 Emergency Rules (May 24, 2021 amendments: written preparedness and response plan; basic infection prevention; daily entry self-screening; workplace controls including worksite COVID-19 safety coordinators; training; recordkeeping; remote-work provision removed and vaccinated-employee exemptions added)

Director, Department of Labor and Economic Opportunity (Susan Corbin, Acting Director), for MIOSHA, Michigan; Michigan Occupational Safety and Health Administration (MIOSHA), Department of Labor and Economic Opportunity (State-plan OSHA agency, statewide) (Sector regulator)

Dates: In force from May 24, 2021 to June 22, 2021
Quarters: 2021 Q2
Limitations: Face-covering requirementWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: EMP (plan, screening, distancing, masks, cleaning, coordinators) in every Michigan workplace; WF (exclusion of symptomatic and exposed employees); HR training and records; OP (remote-work provision of the Oct. 2020 rules removed May 24, 2021); PF; SF; DR; OF
Grade: Primary source read
Days in this quarter: 30

These rules take effect upon filing with the secretary of state and shall remain in effect until October 14, 2021.... Rule 1a. Application of other rules. These emergency rules supersede the entirety of the emergency rules filed on October 14, 2020, and the extension of these emergency rules filed on April 13, 2021.... Rule 3. COVID-19 preparedness and response plan for all employers. (1) The employer shall develop and implement a written COVID-19 preparedness and response plan consistent with these rules and current guidance for COVID-19 from the CDC and the Occupational Health and Safety Administration (OSHA).... Rule 5. Health surveillance for all employers. (1) The employer shall conduct a daily entry self-screening protocol for all employees or contractors entering the workplace... Rule 6. Workplace controls for all employers. (1) The employer shall designate 1 or more worksite…

Enforcement: MIOSHA citations and civil penalties under MCL 408.1035 (up to $7,000 per violation; $70,000 willful); MCL 408.1009 general duty clause recited

Citation: Director, Department of Labor and Economic Opportunity (Susan Corbin, Acting Director), for MIOSHA, MIOSHA Emergency Rules, Coronavirus Disease 2019 (COVID-19), as amended and refiled May 24, 2021 (superseding the emergency rules filed Oct. 14, 2020 and their extension filed Apr. 13, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-062) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-063

MIOSHA Emergency Rules Update (May 25, 2021)

MIOSHA Emergency Rules Update: workplace outbreak data; changes made by the May 24, 2021 rules (vaccinated-person exemptions from masking and distancing; remote-work requirement removed; COVID-19 mitigation options)

MIOSHA, Michigan; MIOSHA, Department of Labor and Economic Opportunity (Sector regulator)

Dates: In force from May 25, 2021 to June 30, 2021
Quarters: 2021 Q2
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Functions reached: EMP; OF; WF; HR
Grade: Primary source read
Days in this quarter: 37 (in force on the last day)

[Employers must require] employees, except fully vaccinated persons, to wear [face coverings] indoors in the workplace. However, fully vaccinated [persons are exempt]... [Options include] Allowing or requiring remote work.... Requiring face coverings and social distancing for all employees regardless of vaccination status.

Enforcement: As in Ex. 062

Citation: MIOSHA, MIOSHA Emergency Rules Update (May 25, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-063) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-076

UIA press release, 'Work Search Requirements for Unemployment Benefits to Be Reinstated' (May 19, 2021)

Work search requirements reinstated for all claimants starting May 30, 2021; COVID-specific waivers retained for the self-employed, those unable to work due to COVID-19 and parents of children in remote school

Unemployment Insurance Agency (Liza Estlund Olson, Acting Director), Michigan; Unemployment Insurance Agency, Department of Labor and Economic Opportunity (Sector regulator)

Dates: In force from May 30, 2021 to June 30, 2021 (issued May 19, 2021)
Quarters: 2021 Q2
Limitations: Schools and child careOther
Functions reached: WF workforce availability (legal obligation to seek work suspended Mar. 2020 to May 30, 2021; school-closure waiver continued); HR recruiting
Grade: Primary source read
Days in this quarter: 32 (in force on the last day)

As Michigan's economy continues to improve, the Unemployment Insurance Agency (UIA) will reinstate work search requirements for unemployment benefit claimants starting May 30, 2021. The work search requirement was suspended in March 2020 to help the increased volume of hardworking Michiganders facing unemployment due to the pandemic.... There are COVID-specific exemptions for people who are self-employed, unable to work due to COVID-19, and parents with children attending school remotely because the school is closed.

Enforcement: Loss of benefits for the week in which no work search activity is reported (MCL 421.28)

Citation: Unemployment Insurance Agency (Liza Estlund Olson, Acting Director), UIA press release, 'Work Search Requirements for Unemployment Benefits to Be Reinstated' (May 19, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-076) Open the exhibit

Ex. AGY-ST-HEALTH-SUBORDERS-108

Michigan Interim COVID-19 Vaccination Strategy (updated June 8, 2021)

Updated allocation and provider strategy after eligibility opened to all persons 12 and older

Michigan Department of Health and Human Services, Michigan - Department of Health and Human Services (State health department) (State)

Dates: In force from June 8, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Vaccination or testingSupply chain
Functions reached: SC vaccine allocation; CL provider expectations
Grade: Confirmed from a secondary source
Days in this quarter: 23 (in force on the last day)

Michigan Interim COVID-19 Vaccination Strategy, Updated June 8, 2021.

Enforcement: Provider agreement compliance

Citation: Michigan Department of Health and Human Services, Michigan Interim COVID-19 Vaccination Strategy (updated June 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-108) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-065

MIOSHA Citation and Notification of Penalty issued to an equipment rental and sales business for violations of the COVID-19 Emergency Rules (published May 2021)

MIOSHA citation: COVID-19 Emergency Rules violations (equipment rental and sales)

MIOSHA, Michigan; MIOSHA, Department of Labor and Economic Opportunity (Sector regulator)

Dates: Effective: n/a (enforcement record)
Quarters: 2021 Q2
Limitations: Face-covering requirementWorkplace rules
Functions reached: EMP; SR/SV dealer showroom and service; HR
Grade: Primary source read

[Citation and Notification of Penalty for violation of the MIOSHA COVID-19 Emergency Rules, with proposed penalties.]

Enforcement: Proposed civil penalties under MCL 408.1035

Citation: MIOSHA, MIOSHA Citation and Notification of Penalty issued to an equipment rental and sales business for violations of the COVID-19 Emergency Rules (published May 2021) (Ex. AGY-ST-LABOR-WORKPLACE-065) Open the exhibit

Continuing in force from an earlier quarter of this report (14 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-GAMING-RACING-081	Michigan Gaming Control Board (Executive Director Richard S. Kalm), Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted June 2020) (Ex. AGY-ST-GAMING-RACING-081)	In force from Aug. 5, 2020 to June 30, 2021 (issued June 8, 2020)	Business closureCapacity limitFace-covering requirementHealth care ordersWorkplace rules
Ex. AGY-ST-INSURANCE-BANKING-095	Anita G. Fox, Director, Bulletin 2020-41-INS/BT/CF/CU (supersedes Bulletin 2020-38-INS/BT/CF/CU of October 2, 2020) (Oct. 19, 2020) (Ex. AGY-ST-INSURANCE-BANKING-095)	In force from Oct. 19, 2020 to Sept. 30, 2021	Gathering capFace-covering requirementWorkplace rulesOther
Ex. AGY-ST-HEALTH-SUBORDERS-093	Robert Gordon, Director, Michigan Department of Health and Human Services, Emergency Order Pursuant to MCL 333.2253 - Instructions to Laboratories, Health Professionals and Hospitals (COVID-19 Testing Prioritization and Reporting) (Mar. 23, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-093)	In force from Mar. 23, 2020 to June 30, 2021	Health care ordersWorkplace rulesSupply chainOther
Ex. AGY-ST-HEALTH-SUBORDERS-094	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - COVID-19 Death Reporting (Apr. 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-094)	In force from Apr. 4, 2020 to June 30, 2021	Workplace rulesOther
Ex. AGY-ST-DMV-SOS-RECORDERS-041	Governor Gretchen Whitmer, Executive Order No. 2020-41 (Apr. 8, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-041)	In force from Apr. 8, 2020 to June 30, 2021	Courts and public officesOther
Ex. AGY-ST-HEALTH-SUBORDERS-095	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Handling of Bodily Remains (May 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-095)	In force from May 4, 2020 to June 30, 2021	Workplace rulesOther
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066	MDHHS Director Robert Gordon (release describing the Emergency Order of Aug. 3, 2020, Ex. MI-042), MDHHS release, 'Emergency Order Requiring Testing of Agricultural and Food Processing Employees Remains in Effect' (describing the Aug. 3, 2020 order's testing requirements for migrant housing camp operators and agricultural, meat, poultry, egg and greenhouse employers, the Aug. 24 compliance deadline and the W.D. Mich. denial of a temporary restraining order) (Aug. 17, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066)	In force from Aug. 3, 2020 to June 11, 2021 (issued Aug. 17, 2020)	Health care ordersWorkplace rulesQuarantine and isolation
Ex. AGY-ST-HEALTH-SUBORDERS-098	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for Prison Staff (Aug. 19, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-098)	In force from Sept. 8, 2020 to June 30, 2021 (issued Aug. 19, 2020)	Health care ordersWorkplace rulesQuarantine and isolation
Ex. AGY-ST-HEALTH-SUBORDERS-097	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Hospitals and Centers Staff (Sept. 14, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-097)	In force from Sept. 14, 2020 to June 30, 2021	Health care ordersWorkplace rules
Ex. AGY-ST-HEALTH-SUBORDERS-099	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Juvenile Justice Facility Staff (Sept. 18, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-099)	In force from Sept. 18, 2020 to June 30, 2021	Health care ordersWorkplace rules
Ex. AGY-ST-HEALTH-SUBORDERS-105	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Reporting of Confirmed and Probable Cases of COVID-19 at Schools (Oct. 6, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-105)	In force from Oct. 12, 2020 to Sept. 30, 2021 (issued Oct. 6, 2020)	Schools and child careWorkplace rulesOther
Ex. AGY-ST-HEALTH-SUBORDERS-100	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Testing of State of Michigan Nursing Home Inspectors (LARA) (Jan. 11, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-100)	In force from Jan. 11, 2021 to May 1, 2021	Travel and quarantineHealth care ordersWorkplace rules
Ex. AGY-ST-HEALTH-SUBORDERS-104	Michigan Department of Health and Human Services, Michigan Interim COVID-19 Vaccination Strategy (Jan. 29, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-104)	In force from Jan. 29, 2021 to June 8, 2021	Health care ordersVaccination or testingSupply chain
Ex. AGY-ST-HEALTH-SUBORDERS-096	Elizabeth Hertel, Director, MDHHS, Emergency Order under MCL 333.2253 - Administration of COVID-19 Tests (authorizing standing orders for testing) (Feb. 2, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-096)	In force from Feb. 2, 2021 to June 30, 2021	Health care ordersWorkplace rulesOther

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 Michigan

Ex. MI-078

MDHHS Rescission of the agricultural worker testing order

Rescission of the agricultural and food-processing worker testing order, July 1, 2021

Michigan Department of Health and Human Services (Director Elizabeth Hertel), Michigan (State)

Dates: In force from July 1, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Other
Functions reached: FP; PK; LB
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

Enforcement: n/a

Citation: Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Rescission of the agricultural worker testing order (July 1, 2021) (Ex. MI-078) Open the exhibit

Ex. MI-079

Order amending Administrative Order No. 2020-17 (July 2, 2021)

Amendment of AO 2020-17, Continuation of Alternative Procedures for Landlord/Tenant Cases (CERA stays; conditional dismissals)

Michigan Supreme Court, Michigan (Court)

Dates: In force from July 2, 2021 to July 26, 2021
Quarters: 2021 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management (eviction stays in 2021 Q3); SV servicing and collections; CT courts
Grade: Primary source read
Days in this quarter: 25

On order of the Court, Administrative Order No. 2020-17 is hereby amended and replaced with the following new language, effective immediately.... In addition, the mandate for courts to continue to use remote technology to the greatest extent possible is as fully in place today as it was a year ago.... [the court] must stay further proceedings after the pretrial hearing is conducted... [where a party applies for] COVID Emergency Rental Assistance (CERA) and notifies the court of the application. The stay is [maintained while]... (2) The defendant is eligible to receive rental assistance for all rent owed; and (3) The plaintiff receives full payment from the CERA program within 45 days... This order is effective immediately until further order of the Court.

Enforcement: Superintending control; binding on every summary proceeding for possession

Citation: Michigan Supreme Court, Order amending Administrative Order No. 2020-17 (July 2, 2021) (Ex. MI-079) Open the exhibit

Ex. MI-080

Michigan Supreme Court Administrative Orders (official compilation, current through July 2022), including the July 26, 2021 rescission of AOs 2020-1, 2020-6, 2020-9, 2020-14 and 2020-19

Administrative Orders compilation with the entered/rescinded history of every COVID-19 administrative order

Michigan Supreme Court, Michigan (Court)

Dates: In force from July 26, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Courts and public offices
Functions reached: CT courts: fixes the July 26, 2021 end of the phased-return regime and the continuing force of AO 2020-17
Grade: Primary source read
Days in this quarter: 67 (in force on the last day)

AO No. 2020-1 -- [Rescinded] In re Emergency Procedures in Court Facilities [Entered March 15, 2020; rescinded by order entered July 26, 2021.]... AO No. 2020-6 -- [Rescinded]... [Entered April 7, 2020; rescinded by order entered July 26, 2021.]... AO No. 2020-9 -- [Rescinded]... [Entered April 17, 2020; rescinded by order entered July 26, 2021.]... AO No. 2020-14 -- [Rescinded] Continued Status Quo Court Operations and Phased Return to Full Court Operations [Entered May 6, 2020; rescinded by order entered July 26, 2021.]... AO No. 2020-19 -- [Rescinded] Continuing Order Regarding Court Operations [Entered June 26, 2020; rescinded by order entered July 26, 2021.]... AO No. 2020-17... [Entered June 9, 2020; language as amended by orders entered June 24, 2020, October 22, 2020, December 29, 2020, January 30, 2021, March 22, 2021, April 9, 2021, July 2, 2021, and July 26, 2021.]

Enforcement: n/a

Citation: Michigan Supreme Court, Michigan Supreme Court Administrative Orders (official compilation, current through July 2022), including the July 26, 2021 rescission of AOs 2020-1, 2020-6, 2020-9, 2020-14 and 2020-19 (Ex. MI-080) Open the exhibit

Ex. MI-081

Ottawa County Health Department Order: COVID-19 Prevention in Schools (isolation and quarantine)

Order requiring isolation of cases and quarantine of close contacts in educational settings

Ottawa County Department of Public Health (Administrative Health Officer Lisa Stefanovsky), Ottawa County, Michigan (County)

Dates: In force from Aug. 6, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Schools and child careQuarantine and isolation
Functions reached: WF workforce (parents of quarantined pupils; quarantined staff); IN instruction; EC child care
Grade: Primary source read
Days in this quarter: 56 (in force on the last day)

1. All persons identified as a confirmed or probable COVID-19 case are required to isolate for at least 10 days, as described in guidelines established by the CDC. 2. Household close contacts of confirmed or probable COVID-19 cases are required to quarantine as described in guidelines established by the CDC.... THIS ORDER is effective immediately and remains in effect until further order of the health officer. This order replaces QUARANTINE ORDER IN EDUCATIONAL SETTINGS dated May 7, 2021.

Enforcement: Public Health Code, MCL 333.2451-.2453 (local health officer imminent-danger orders); MCL 333.2461

Citation: Ottawa County Department of Public Health (Administrative Health Officer Lisa Stefanovsky), Ottawa County Health Department Order: COVID-19 Prevention in Schools (isolation and quarantine) (Aug. 6, 2021) (Ex. MI-081) Open the exhibit

Ex. MI-082

Genesee County Health Department Emergency Order: Masking in educational settings (August 12, 2021), with the Emergency Orders Regarding Masks of September 2, 2021 and School Masking Order Update 1.2 of September 10, 2021

Genesee County (Flint) school masking orders of August-September 2021

Genesee County Health Department (Medical Health Officer Dr. Pamela Hackert), Genesee County, Michigan (County)

Dates: In force from Aug. 12, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN instruction; WF workforce; EC child care
Grade: Confirmed from a secondary source
Days in this quarter: 50 (in force on the last day)

Enforcement: MCL 333.2451-.2453; MCL 333.2461

Citation: Genesee County Health Department (Medical Health Officer Dr. Pamela Hackert), Genesee County Health Department Emergency Order: Masking in educational settings (August 12, 2021), with the Emergency Orders Regarding Masks of September 2, 2021 and School Masking Order Update 1.2 of September 10, 2021 (Aug. 12, 2021) (Ex. MI-082) Open the exhibit

Ex. MI-083

Kalamazoo County Public Health Order: Face masks in educational settings (August 18, 2021)

Kalamazoo County school mask order of August 18, 2021

Kalamazoo County Health and Community Services Department (Health Officer James Rutherford), Kalamazoo County, Michigan (County)

Dates: In force from Aug. 18, 2021 to Oct. 1, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN instruction; WF workforce
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

The Health Officer of Kalamazoo County Health & Community Services Department makes the following factual determinations and issues this Order pursuant to the Michigan Public Health Code, MCL 333.2451 and 333.2453, as well as R. 325.175(4)... [recital 10:] the universal use of masks in schools is a safe, essential, and proven... THEREFORE, IT IS HEREBY ORDERED that all Educational Institutions and all Persons in Educational Settings must adhere to the following rules: 1. The Educational Institutions shall ensure that children in kindergarten through grade six consistently and properly wear a facial mask covering both nose and mouth while inside any enclosed building or structure of the institution. 2. The Educational Institutions shall ensure that all persons, regardless of vaccination status, providing service to any child in kindergarten through grade six, and all persons providing…

Enforcement: MCL 333.2451-.2453; MCL 333.2461

Citation: Kalamazoo County Health and Community Services Department (Health Officer James Rutherford), Kalamazoo County Public Health Order: Face masks in educational settings (August 18, 2021) (Aug. 18, 2021) (Ex. MI-083) Open the exhibit

Ex. MI-084

Ottawa County Health Department Order: COVID-19 Prevention through the Wearing of Face Masks in Educational Settings

Order requiring face masks for pre-kindergarten through grade six and for all persons serving them, in educational settings

Ottawa County Department of Public Health (Administrative Health Officer), Ottawa County, Michigan (County)

Dates: In force from Aug. 20, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN instruction; WF workforce; EC child care; PL contractors serving schools
Grade: Primary source read
Days in this quarter: 42 (in force on the last day)

NOW, THEREFORE, IT IS HEREBY ORDERED that all Educational Institutions and all Persons in Educational Settings must adhere to the following rules: 1. The Educational Institutions shall ensure that people in pre-kindergarten through grade six consistently and properly wear a facial covering while inside any enclosed building or structure of the institution. 2. The Educational Institutions shall ensure that all persons, regardless of vaccination status, providing service to any persons in pre-kindergarten through grade six properly and consistently wear a facial covering while inside any enclosed building or structure of the institution.... THIS ORDER is effective immediately and remains in effect until 60 days past the date COVID-19 vaccine is authorized or approved by the FDA and available to persons in pre-kindergarten through grade six, or community transmission for Ottawa County is…

Enforcement: MCL 333.2451-.2453; MCL 333.2461 (violation of a local health order a misdemeanor)

Citation: Ottawa County Department of Public Health (Administrative Health Officer), Ottawa County Health Department Order: COVID-19 Prevention through the Wearing of Face Masks in Educational Settings (Aug. 20, 2021) (Ex. MI-084) Open the exhibit

Ex. MI-085

Public Health Order for Control of COVID-19 Pandemic: Order for Face Masks in Educational Settings within Berrien County, Michigan

Berrien County universal masking order for pre-K through grade 12 (issued September 1, 2021; rescinded September 29, 2021)

Berrien County Health Department (Acting Health Officer), Berrien County, Michigan (County)

Dates: In force from Sept. 6, 2021 to Sept. 29, 2021 (issued Sept. 1, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN instruction; WF workforce; PL contractors serving schools
Grade: Primary source read
Days in this quarter: 24

THEREFORE, IT IS HEREBY ORDERED that all Educational Institutions and all Persons in Educational Settings must adhere to the following rules: 1. The Educational Institutions shall ensure that children in pre-kindergarten (pre-K) through grade twelve (12), regardless of vaccination status, consistently and properly wear a face mask covering both nose and mouth while inside any enclosed building or structure of the institution. 2. The Educational Institutions shall ensure that all persons, regardless of vaccination status, providing service to any child in pre-kindergarten through 12th grade, properly and consistently wear a face mask while inside any enclosed building or structure of the institution.... Such measures, as outlined in this Order, will be enforced, and any violations are subject to citation and penalties as outlined in the Michigan Public Health Code. This Order is effective…

Enforcement: 'any violations are subject to citation and penalties as outlined in the Michigan Public Health Code' (MCL 333.2461)

Citation: Berrien County Health Department (Acting Health Officer), Public Health Order for Control of COVID-19 Pandemic: Order for Face Masks in Educational Settings within Berrien County, Michigan (Sept. 1, 2021) (Ex. MI-085) Open the exhibit

Ex. MI-086

2021 PA 87 (Enrolled Senate Bill 82), Article 6, Secs. 250 and 510

Budget boilerplate barring the MDHHS director and local health officers from issuing or enforcing mask orders for persons under 18 (Sec. 250) and masking directives for children under 5 (Sec. 510)

Michigan Legislature (2021 PA 87, approved by the Governor with a signing statement), Michigan (State)

Dates: In force from Sept. 29, 2021 to Oct. 1, 2021
Quarters: 2021 Q3
Limitations: Other
Functions reached: preemption context for the fall 2021 local school mask orders
Grade: Primary source read
Days in this quarter: 2 (in force on the last day)

Sec. 250. The director or a local health officer shall not issue or enforce any orders or other directives that require an individual in this state who is under the age of 18 to wear a face mask or face covering.... Sec. 510. The department shall not enforce any directive requiring the masking of children less than 5 years of age...

Enforcement: Appropriations condition; declared unenforceable by the Governor

Citation: Michigan Legislature (2021 PA 87, approved by the Governor with a signing statement), 2021 PA 87 (Enrolled Senate Bill 82), Article 6, Secs. 250 and 510 (Sept. 29, 2021) (Ex. MI-086) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. MI-025	Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025)	In force from May 6, 2020 to July 26, 2021	Capacity limitGathering capCourts and public offices
Ex. MI-004	Michigan Supreme Court, Administrative Order No. 2020-1 (Mar. 15, 2020) (Ex. MI-004)	In force from Mar. 15, 2020 to July 26, 2021	Courts and public offices
Ex. MI-016	Michigan Supreme Court, Administrative Order No. 2020-6 (Apr. 7, 2020) (Ex. MI-016)	In force from Apr. 7, 2020 to July 26, 2021	Courts and public offices
Ex. MI-034	Michigan Supreme Court, Administrative Order No. 2020-17 (June 9, 2020) (Ex. MI-034)	In force from June 9, 2020 to June 24, 2020	Courts and public officesOther
Ex. MI-035	Michigan Supreme Court, Administrative Order No. 2020-19 (June 26, 2020) (Ex. MI-035)	In force from June 26, 2020 to July 26, 2021	Courts and public offices
Ex. MI-037	Michigan Legislature (2020 PA 124, approved by the Governor), 2020 PA 124 (Enrolled Senate Bill 942) (July 1, 2020) (Ex. MI-037)	In force from July 1, 2020 to Sept. 30, 2021	Alcohol and barsOther
Ex. MI-056	Michigan Legislature (2020 PA 236, approved by the Governor), 2020 PA 236 (Oct. 22, 2020) (Ex. MI-056)	In force from Oct. 22, 2020 to Sept. 30, 2021	Workplace rulesOther
Ex. MI-057	Michigan Legislature (2020 PA 238, approved by the Governor), 2020 PA 238 (Oct. 22, 2020) (Ex. MI-057)	In force from Oct. 22, 2020 to Sept. 30, 2021	Workplace rulesQuarantine and isolationOther
Ex. MI-070	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order: Testing requirements for residential care facilities (May 5, 2021) (Ex. MI-070)	In force from May 5, 2021 to Oct. 12, 2021	Health care ordersQuarantine and isolation
Ex. MI-072	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order: Requirements for Residential Care Facilities (May 21, 2021) (Ex. MI-072)	In force from May 21, 2021 to Nov. 13, 2021	Health care ordersWorkplace rulesQuarantine and isolationOther
Ex. MI-075	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order: Agricultural worker testing (re-issued) (June 11, 2021) (Ex. MI-075)	In force from June 11, 2021 to July 1, 2021	Health care ordersWorkplace rulesQuarantine and isolation
Ex. MI-077	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order: Requirements for Prisons (June 25, 2021) (Ex. MI-077)	In force from June 25, 2021 to Jan. 13, 2022	Health care ordersQuarantine and isolationOther

Agencies, boards and authorities: Michigan

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-INSURANCE-BANKING-095	Anita G. Fox, Director, Bulletin 2020-41-INS/BT/CF/CU (supersedes Bulletin 2020-38-INS/BT/CF/CU of October 2, 2020) (Oct. 19, 2020) (Ex. AGY-ST-INSURANCE-BANKING-095)	In force from Oct. 19, 2020 to Sept. 30, 2021	Gathering capFace-covering requirementWorkplace rulesOther
Ex. AGY-ST-HEALTH-SUBORDERS-108	Michigan Department of Health and Human Services, Michigan Interim COVID-19 Vaccination Strategy (updated June 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-108)	In force from June 8, 2021 to Sept. 30, 2021	Vaccination or testingSupply chain

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

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):

MI-072 MDHHS Requirements for Residential Care Facilities (May 21, 2021), all quarter
MI-070 MDHHS residential care facility testing order (May 5, 2021), all quarter (replaced Oct. 12, 2021)
MI-077 MDHHS Requirements for Prisons (June 25, 2021), all quarter
MI-075 MDHHS agricultural worker testing order (June 11, 2021), July 1 only (rescinded by MI-078)
MI-057 2020 PA 238, COVID-19 Employment Rights Act, all quarter
MI-004 / MI-016 / MI-025 / MI-035 Supreme Court AOs 2020-1, 2020-6, 2020-9, 2020-14, 2020-19, July 1-26, 2021 (rescinded July 26, 2021, Ex. MI-080)
MI-034 / MI-079 Supreme Court AO 2020-17 (landlord-tenant; CERA stays), as amended July 2 and July 26, 2021, all quarter
MI-081 Ottawa County isolation and quarantine order in educational settings, from Aug. 6, 2021
MI-082 Genesee County school masking orders, from Aug. 12, 2021 (amended Sept. 2 and 10)
MI-083 Kalamazoo County school mask order, from Aug. 18, 2021
MI-084 Ottawa County face-mask order (pre-K-6), from Aug. 20, 2021
MI-085 Berrien County universal masking order, Sept. 6-29, 2021
MI-086 2021 PA 87 Sec. 250 (Legislature's bar on minor mask orders), Sept. 29-30, 2021 (declared unenforceable by the Governor)
Detroit-metro county school mask and quarantine orders
Federal layer: CDC conveyance mask order (86 Fed. Reg. 8025); OSHA Healthcare ETS, 29 C.F.R. § 1910.502 (from June 21, 2021); CDC eviction moratorium to Aug. 26, 2021

5. Standing duties in Michigan

Michigan law imposed, throughout the six quarters, four standing layers of legal duty that made the pandemic protocols compulsory for every employer and every operator of premises open to the public, and a fifth that made compliance the legal standard of care. First, the Public Health Code, 1978 PA 368, empowered the director of the Department of Health and Human Services, on a determination that 'control of an epidemic is necessary to protect the public health,' to 'prohibit the gathering of people for any purpose' and to 'establish procedures to be followed during the epidemic' (MCL 333.2253(1), Ex. DUT-MI-001), to issue imminent-danger orders to any person 'authorized to avoid, correct, or remove the imminent danger' and to 'take full charge of the administration of applicable state and local health laws' (MCL 333.2251, Ex. DUT-MI-002), and gave every local health officer the same epidemic and imminent-danger powers within the officer's jurisdiction (MCL 333.2453, 333.2451, Exs. DUT-MI-005, DUT-MI-006). Violation of a department rule or order is a misdemeanor punishable by six months' imprisonment or a $200 fine (MCL 333.2261, Ex. DUT-MI-003), and a civil fine of up to $1,000 'for each violation or day that a violation continues' (MCL 333.2262, Ex. DUT-MI-004; MCL 333.2461 for local orders, Ex. DUT-MI-008). Every MDHHS epidemic order of October 5, 2020 through June 22, 2021 recited these penalties in terms and authorized local health departments to enforce it under MCL 333.2235(1) (Exs. MI-050 sec. 6, MI-060 sec. 8; Ex. DUT-MI-016). The Code also bound the owner or occupant of any 'building or condition which violates health laws' or constitutes 'a nuisance, unsanitary condition, or cause of illness' to correct it at the owner's expense (MCL 333.2455, Ex. DUT-MI-007), and the Department's communicable-disease rules required every 'physician or other person who attends to a case of communicable disease' to 'arrange for appropriate barrier precautions, treatment, or isolation' and authorized the health officer to institute isolation for cases and suspected cases (Mich. Admin. Code R 325.175, Ex. DUT-MI-009), with circuit-court orders against carriers who are a 'health threat to others' (MCL 333.5205, Ex. DUT-MI-020). Second, the Emergency Management Act, 1976 PA 390, gave the Governor's executive orders 'the force and effect of law' (MCL 30.403(2), Ex. DUT-MI-011), authorized control of 'the occupancy of premises' in a threatened area (MCL 30.405(1)(g)), and made willful disobedience of a gubernatorial order a misdemeanor (MCL 30.405(3), Ex. DUT-MI-010); the Emergency Powers of the Governor Act, 1945 PA 302, carried the parallel misdemeanor in MCL 10.33 that every 2020 executive order recited until the Michigan Supreme Court held that Act an unconstitutional delegation on October 2, 2020 (Ex. MI-049 at 14 n.10; repeal by 2021 PA 77 effective March 30, 2022, Ex. DUT-MI-012). Third, the Michigan Occupational Safety and Health Act, 1974 PA 154, bound every employer to 'furnish to each employee, employment and a place of employment that is free from recognized hazards that are causing, or are likely to cause, death or serious physical harm' and to 'comply with this act and with the rules and standards promulgated and the orders issued pursuant to this act' (MCL 408.1011, Ex. DUT-MI-013), on pain of civil penalties of up to $7,000 per serious violation, $70,000 per willful or repeated violation and a felony for a willful violation causing death (MCL 408.1035, Ex. DUT-MI-014). MIOSHA filled that duty with COVID-19 content by its Emergency Rules of October 14, 2020 (Ex. MI-054; re-issued April 13, 2021, amended May 24, 2021, Exs. MI-074, AGY-ST-LABOR-WORKPLACE-062; rescinded June 22, 2021), which required a written preparedness and response plan 'consistent with the current guidance for COVID-19 from the US Centers for Disease Control and Prevention,' daily entry screening, distancing, face coverings and 'a policy prohibiting in-person work for employees to the extent that their work activities can feasibly be completed remotely' (Rules 4-6), and it cited employers under those rules (Exs. AGY-ST-LABOR-WORKPLACE-064, -065). Before the rules, the Governor's workplace-safeguard orders imposed the same measures on every business permitted to operate ('must, at a minimum: (a) Develop a COVID-19 preparedness and response plan, consistent with recommendations in Guidance on Preparing Workplaces for COVID-19, developed by [OSHA]'; Exs. MI-027, SEC-09-034, MI-032, MI-041, MI-043, MI-046), and the stay-home orders conditioned all continuing in-person work on 'sound social distancing practices and measures' (Ex. MI-017 sec. 10). Fourth, the COVID-19 Employment Rights Act, 2020 PA 238, forbade an employee who tested positive or displayed the principal symptoms to 'report to work' and forbade the employer to retaliate (Ex. MI-057 secs. 3, 5; retroactive to March 1, 2020). Fifth, the Legislature wrote compliance into the standard of care: the COVID-19 Response and Reopening Liability Assurance Act, 2020 PA 236, immunizes only 'a person who acts in compliance with all federal, state, and local statutes, rules, regulations, executive orders, and agency orders related to COVID-19 that had not been denied legal effect at the time of the conduct' (Ex. MI-056 sec. 5), and 2020 PA 237 added the identical condition to the MIOSHA Act for employee-exposure claims, retroactive to exposures after March 1, 2020 (MCL 408.1085, Ex. DUT-MI-015). A regulator of a fourth kind said the same thing to its licensees: the Department of Insurance and Financial Services directed that 'regulated entities and individuals must comply with the Michigan Department of Health and Human Services (MDHHS) Emergency Order... [and] must also comply with applicable provisions of the Emergency Rules filed by [MIOSHA]' (Ex. AGY-ST-INSURANCE-BANKING-095). The Court of Appeals, in a 2023 published opinion on a caterer's challenge, described the MDHHS orders as instruments that 'directly restricted plaintiff's ability to operate its business,' 'contained criminal sanctions for violators,' and affected 'virtually every aspect of the daily lives and the livelihoods of the people of Michigan'; The Legislature had anticipated exactly that sequence: both liability shields key immunity to compliance with orders 'that had not been denied legal effect at the time of the conduct,' so the duty to comply while the orders stood is the standard the Legislature itself declared.

The phase question

Thesis T13).

The State's standing duties

Ex. DUT-MI-001

MCL 333.2253(1), Epidemic; emergency order and procedures

Public Health Code sec. 2253: epidemic emergency orders of the director of the Department of Health and Human Services

Michigan Legislature (Public Health Code, 1978 PA 368, Part 22, State Department of Public Health), Michigan (State)

Dates: Standing (1978-09-30)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationGathering capStanding duty
Character: statutory authority
Grade: Primary source read

if the director determines that control of an epidemic is necessary to protect the public health, the director by emergency order... may within that emergency order prohibit the gathering of people for any purpose and establish procedures to be followed during the epidemic to ensure continuation of essential public health services and enforcement of health laws.

Enforcement: MCL 333.2261 (misdemeanor: imprisonment up to 6 months, fine up to $200) and MCL 333.2262 (civil fine up to $1,000 for each violation or day), both recited in the orders (Exs. MI-050 sec. 6(e); MI-060 sec. 8(e), (h))

Citation: Michigan Legislature (Public Health Code, 1978 PA 368, Part 22, State Department of Public Health), MCL 333.2253(1), Epidemic; emergency order and procedures (standing) (Ex. DUT-MI-001) Open the exhibit

Ex. DUT-MI-002

MCL 333.2251, Imminent danger to health or lives; order; menace to public health

Public Health Code sec. 2251: imminent-danger orders of the director; power to take full charge of State and local health laws

Michigan Legislature (Public Health Code, 1978 PA 368, Part 22), Michigan (State)

Dates: Standing (1978-09-30)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureStanding duty
Character: statutory duty
Grade: Primary source read

Upon a determination that an imminent danger to the health or lives of individuals exists in this state, the director immediately shall inform the individuals affected by the imminent danger and issue an order that shall be delivered to a person authorized to avoid, correct, or remove the imminent danger or be posted at or near the imminent danger.

Enforcement: Circuit-court restraint or mandatory order on failure to comply promptly (subsection (2)); MCL 333.2261 misdemeanor; MCL 333.2262 civil fine

Citation: Michigan Legislature (Public Health Code, 1978 PA 368, Part 22), MCL 333.2251, Imminent danger to health or lives; order; menace to public health (standing) (Ex. DUT-MI-002) Open the exhibit

Ex. DUT-MI-003

MCL 333.2261, Violation of rule or order of department; misdemeanor

Public Health Code sec. 2261: criminal penalty for violating a department rule or order

Michigan Legislature (Public Health Code, 1978 PA 368, Part 22), Michigan (State)

Dates: Standing (1978-09-30)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

Except as otherwise provided by this code, a person who violates a rule or order of the department is guilty of a misdemeanor punishable by imprisonment for not more than 6 months, or a fine of not more than $200.00, or both.

Enforcement: Misdemeanor: imprisonment up to 6 months, fine up to $200, or both

Citation: Michigan Legislature (Public Health Code, 1978 PA 368, Part 22), MCL 333.2261, Violation of rule or order of department; misdemeanor (standing) (Ex. DUT-MI-003) Open the exhibit

Ex. DUT-MI-004

MCL 333.2262, Schedule of monetary civil penalties; citation

Public Health Code sec. 2262: civil fines of up to $1,000 per violation per day for violating the code, a rule or an order

Michigan Legislature (Public Health Code, 1978 PA 368, Part 22), Michigan (State)

Dates: Standing (1978-09-30)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

The department may promulgate rules to adopt a schedule of monetary civil penalties, not to exceed $1,000.00 for each violation or day that a violation continues, which may be assessed for a specified violation of this code or a rule promulgated or an order issued under this code and which the department has the authority and duty to enforce.

Enforcement: Civil fine up to $1,000 per violation or per day

Citation: Michigan Legislature (Public Health Code, 1978 PA 368, Part 22), MCL 333.2262, Schedule of monetary civil penalties; citation (standing) (Ex. DUT-MI-004) Open the exhibit

Ex. DUT-MI-005

MCL 333.2453, Epidemic; emergency order and procedures of local health officer; involuntary detention

Public Health Code sec. 2453: epidemic emergency orders of local health officers

Michigan Legislature (Public Health Code, 1978 PA 368, Part 24, Local Health Departments), Michigan (State)

Dates: Standing (1978-09-30)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capSchools and child careQuarantine and isolationStanding duty
Character: statutory authority
Grade: Primary source read

if a local health officer determines that control of an epidemic is necessary to protect the public health, the local health officer by emergency order may... prohibit the gathering of people for any purpose and establish procedures to be followed by persons... during the epidemic to ensure continuation of essential public health services and enforcement of health laws.

Enforcement: MCL 333.2461 (local civil penalties up to $1,000 per violation or day, Ex. DUT-MI-008); MCL 333.2441-2442 misdemeanor for violating local health regulations; MCL 333.2261 where the officer enforces a department order

Citation: Michigan Legislature (Public Health Code, 1978 PA 368, Part 24, Local Health Departments), MCL 333.2453, Epidemic; emergency order and procedures of local health officer; involuntary detention (standing) (Ex. DUT-MI-005) Open the exhibit

Ex. DUT-MI-006

MCL 333.2451, Imminent danger to health or lives; order of local health officer

Public Health Code sec. 2451: imminent-danger orders of local health officers

Michigan Legislature (Public Health Code, 1978 PA 368, Part 24), Michigan (State)

Dates: Standing (1978-09-30)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureStanding duty
Character: statutory duty
Grade: Primary source read

Upon a determination that an imminent danger to the health or lives of individuals exists in the area served by the local health department, the local health officer immediately shall inform the individuals affected by the imminent danger and issue an order which shall be delivered to a person authorized to avoid, correct, or remove the imminent danger.

Enforcement: Court order restraining the condition or practice or requiring action (subsection (2)); MCL 333.2461 civil penalties

Citation: Michigan Legislature (Public Health Code, 1978 PA 368, Part 24), MCL 333.2451, Imminent danger to health or lives; order of local health officer (standing) (Ex. DUT-MI-006) Open the exhibit

Ex. DUT-MI-007

MCL 333.2455, Building or condition violating health laws or constituting nuisance, unsanitary condition, or cause of illness; order

Public Health Code sec. 2455: orders to abate a building or condition that violates health laws or is a nuisance, unsanitary condition or cause of illness

Michigan Legislature (Public Health Code, 1978 PA 368, Part 24), Michigan (State)

Dates: Standing (1978-09-30)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureStanding duty
Character: sanitary code duty
Grade: Primary source read

A local health department or the department may issue an order to avoid, correct, or remove, at the owner's expense, a building or condition which violates health laws or which the local health officer or director reasonably believes to be a nuisance, unsanitary condition, or cause of illness.

Enforcement: Abatement at the owner's expense, assessed against the property; court-ordered abatement; MCL 333.2261 and 333.2461 penalties

Citation: Michigan Legislature (Public Health Code, 1978 PA 368, Part 24), MCL 333.2455, Building or condition violating health laws or constituting nuisance, unsanitary condition, or cause of illness; order (standing) (Ex. DUT-MI-007) Open the exhibit

Ex. DUT-MI-008

MCL 333.2461, Schedule of monetary civil penalties of local governing entity; citation

Public Health Code sec. 2461: local civil penalties of up to $1,000 per violation per day for violating the code, a regulation or an order the local health department enforces

Michigan Legislature (Public Health Code, 1978 PA 368, Part 24), Michigan (State)

Dates: Standing (1978-09-30)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

a local governing entity may adopt a schedule of monetary civil penalties of not more than $1,000.00 for each violation or day that the violation continues which may be assessed for a specified violation of this code or a rule promulgated, regulation adopted, or order issued which the local health department has the authority and duty to enforce.

Enforcement: Civil fine up to $1,000 per violation or per day

Citation: Michigan Legislature (Public Health Code, 1978 PA 368, Part 24), MCL 333.2461, Schedule of monetary civil penalties of local governing entity; citation (standing) (Ex. DUT-MI-008) Open the exhibit

Ex. DUT-MI-009

Mich. Admin. Code R 325.171 to R 325.199, Communicable and Related Diseases (R 325.173 reporting; R 325.174 investigation; R 325.175 control procedures)

Communicable and Related Diseases rules: mandatory reporting within 24 hours, investigation, and barrier precautions, treatment or isolation for cases

Michigan Department of Health and Human Services (Michigan Administrative Code, Communicable and Related Diseases rules), Michigan (State)

Dates: Standing (1993 (as amended))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Quarantine and isolationStanding duty
Character: sanitary code duty
Grade: Primary source read

A physician or other person who attends to a case of communicable disease shall arrange for appropriate barrier precautions, treatment, or isolation if needed to prevent the spread of infection to other household members, patients, or the community.

Enforcement: MCL 333.2261 (misdemeanor for violating a department rule); MCL 333.2262 civil fine

Citation: Michigan Department of Health and Human Services (Michigan Administrative Code, Communicable and Related Diseases rules), Mich. Admin. Code R 325.171 to R 325.199, Communicable and Related Diseases (R 325.173 reporting; R 325.174 investigation; R 325.175 control procedures) (standing) (Ex. DUT-MI-009) Open the exhibit

Ex. DUT-MI-010

MCL 30.405, Powers of governor upon declaration of state of disaster or emergency; willful disobedience a misdemeanor

Emergency Management Act sec. 5: control of ingress, egress and 'the occupancy of premises'; misdemeanor for willful disobedience of a gubernatorial rule, order or directive

Michigan Legislature (Emergency Management Act, 1976 PA 390), Michigan (State)

Dates: Standing (1976-12-30)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationBusiness closureTravel and quarantineStanding duty
Character: order penalty
Grade: Primary source read

A person who willfully disobeys or interferes with the implementation of a rule, order, or directive issued by the governor pursuant to this section is guilty of a misdemeanor.

Enforcement: Misdemeanor (MCL 30.405(3)); the general misdemeanor penalty of MCL 750.504 (imprisonment up to 90 days, fine up to $500) applies where no other penalty is provided

Citation: Michigan Legislature (Emergency Management Act, 1976 PA 390), MCL 30.405, Powers of governor upon declaration of state of disaster or emergency; willful disobedience a misdemeanor (standing) (Ex. DUT-MI-010) Open the exhibit

Ex. DUT-MI-011

MCL 30.403, Responsibility of governor; executive orders having the force and effect of law; declaration of state of disaster or emergency

Emergency Management Act sec. 3: the Governor's executive orders, proclamations and directives have 'the force and effect of law'; 28-day declarations

Michigan Legislature (Emergency Management Act, 1976 PA 390), Michigan (State)

Dates: Standing (1976-12-30)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStanding duty
Character: statutory authority
Grade: Primary source read

The governor may issue executive orders, proclamations, and directives having the force and effect of law to implement this act.

Enforcement: MCL 30.405(3) misdemeanor (Ex. DUT-MI-010)

Citation: Michigan Legislature (Emergency Management Act, 1976 PA 390), MCL 30.403, Responsibility of governor; executive orders having the force and effect of law; declaration of state of disaster or emergency (standing) (Ex. DUT-MI-011) Open the exhibit

Ex. DUT-MI-012

MCL 10.31 to 10.33 (Emergency Powers of the Governor Act), compiled-laws entry showing repeal by 2021 PA 77 effective March 30, 2022, with compiler's notes

Emergency Powers of the Governor Act, 1945 PA 302: the statutory basis and misdemeanor penalty of the Governor's 2020 orders; held an unconstitutional delegation Oct. 2, 2020; repealed effective Mar. 30, 2022

Michigan Legislature (Emergency Powers of the Governor Act, 1945 PA 302; repealed by initiated law, 2021 PA 77), Michigan (State)

Dates: Standing (1945)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Emergency declarationStanding duty
Character: statutory framework
Grade: Primary source read

10.31-10.33 Repealed. 2021, Act 77, Eff. Mar. 30, 2022.

Enforcement: Misdemeanor (MCL 10.33), recited in every executive order of March 10 to October 2, 2020

Citation: Michigan Legislature (Emergency Powers of the Governor Act, 1945 PA 302; repealed by initiated law, 2021 PA 77), MCL 10.31 to 10.33 (Emergency Powers of the Governor Act), compiled-laws entry showing repeal by 2021 PA 77 effective March 30, 2022, with compiler's notes (July 21, 2021) (Ex. DUT-MI-012) Open the exhibit

Ex. DUT-MI-013

MCL 408.1011, Duties of employer (MIOSHA Act sec. 11)

MIOSHA Act sec. 11: the general duty to furnish a place of employment free from recognized hazards and to comply with MIOSHA rules, standards and orders

Michigan Legislature (Michigan Occupational Safety and Health Act, 1974 PA 154), Michigan (State)

Dates: Standing (1975-01-01)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace duty
Grade: Primary source read

An employer shall: (a) Furnish to each employee, employment and a place of employment that is free from recognized hazards that are causing, or are likely to cause, death or serious physical harm to the employee. (b) Comply with this act and with the rules and standards promulgated and the orders issued pursuant to this act.

Enforcement: MCL 408.1035: civil penalty up to $7,000 per serious violation and per day of failure to abate; up to $70,000 (not less than $5,000) per willful or repeated violation; felony for a willful violation causing death (Ex. DUT-MI-014)

Citation: Michigan Legislature (Michigan Occupational Safety and Health Act, 1974 PA 154), MCL 408.1011, Duties of employer (MIOSHA Act sec. 11) (standing) (Ex. DUT-MI-013) Open the exhibit

Ex. DUT-MI-014

MCL 408.1035, Civil and criminal penalties (MIOSHA Act sec. 35)

MIOSHA Act sec. 35: civil penalties for serious, failure-to-abate, willful and repeated violations; felony for a willful violation causing death

Michigan Legislature (Michigan Occupational Safety and Health Act, 1974 PA 154), Michigan (State)

Dates: Standing (1975-01-01)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: order penalty
Grade: Primary source read

If an employer receives a citation for a serious violation of this act, an order issued pursuant to this act, or a rule or standard promulgated under this act, the board shall assess the employer a civil penalty of not more than $7,000.00 for each violation.

Enforcement: As quoted; the section is the penalty

Citation: Michigan Legislature (Michigan Occupational Safety and Health Act, 1974 PA 154), MCL 408.1035, Civil and criminal penalties (MIOSHA Act sec. 35) (standing) (Ex. DUT-MI-014) Open the exhibit

Ex. DUT-MI-015

2020 PA 237 (MCL 408.1085), employer immunity for employee exposure to COVID-19 conditioned on compliance with all COVID-19 statutes, rules, regulations, executive orders and agency orders

An act to amend the Michigan Occupational Safety and Health Act by adding section 85: no employer liability for an employee's COVID-19 exposure 'if the employer was operating in compliance with all federal, state, and local statutes, rules, and regulations, executive orders, and agency orders related to COVID-19'

Michigan Legislature (Enrolled House Bill 6031, 2020 PA 237, approved and filed Oct. 22, 2020), Michigan (State)

Dates: Standing (2020-10-22 (immediate effect); applies retroactively to an exposure to COVID-19 that occurs after March 1, 2020 (sec. 85(3)))
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding dutyOperating condition
Character: liability shield condition
Grade: Primary source read

an employer is not liable under this act for an employee's exposure to COVID-19 if the employer was operating in compliance with all federal, state, and local statutes, rules, and regulations, executive orders, and agency orders related to COVID-19 that had not been denied legal effect at the time of the exposure.

Enforcement: Loss of immunity: exposure to liability under the MIOSHA Act for a non-compliant employer

Citation: Michigan Legislature (Enrolled House Bill 6031, 2020 PA 237, approved and filed Oct. 22, 2020), 2020 PA 237 (MCL 408.1085), employer immunity for employee exposure to COVID-19 conditioned on compliance with all COVID-19 statutes, rules, regulations, executive orders and agency orders (standing) (Ex. DUT-MI-015) Open the exhibit

Ex. DUT-MI-016

MCL 333.2235, Delegation of department powers and functions to local health departments

Public Health Code sec. 2235: the department may authorize a local health department to exercise a power or function of the department (the recited basis of local enforcement of every MDHHS epidemic order)

Michigan Legislature (Public Health Code, 1978 PA 368, Part 22), Michigan (State)

Dates: Standing (1978-09-30)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: statutory authority
Grade: Primary source read

the department may authorize a local health department to exercise a power or function of the department where not otherwise prohibited by law or rule.

Enforcement: Enforcement of MCL 333.2261 and 333.2262 penalties by local health departments; MCL 333.2461 local civil penalties

Citation: Michigan Legislature (Public Health Code, 1978 PA 368, Part 22), MCL 333.2235, Delegation of department powers and functions to local health departments (standing) (Ex. DUT-MI-016) Open the exhibit

Ex. DUT-MI-017

MCL 289.4125, Food establishment license; revocation or suspension; summary suspension for imminent threat to the public health

Food Law sec. 4125: suspension or revocation of a food establishment license for non-compliance, summary suspension on an alleged imminent threat to public health, and the duty to discontinue sale upon suspension

Michigan Legislature (Food Law, 2000 PA 92, Chapter IV, Licensing), Michigan (State)

Dates: Standing (2000-11-08)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureStanding dutyOperating condition
Character: sanitary code duty
Grade: Primary source read

Based upon facts submitted by a person familiar with those facts or upon information and belief alleging that an imminent threat to the public health, safety, or welfare exists, the director may summarily suspend a license, registration, or certificate issued under this act.

Enforcement: License suspension or revocation; summary suspension; MCL 289.5107 misdemeanor (Ex. DUT-MI-018)

Citation: Michigan Legislature (Food Law, 2000 PA 92, Chapter IV, Licensing), MCL 289.4125, Food establishment license; revocation or suspension; summary suspension for imminent threat to the public health (standing) (Ex. DUT-MI-017) Open the exhibit

Ex. DUT-MI-018

MCL 289.5107, Violation of act or rules; misdemeanor; felony for knowing violations; costs of investigation

Food Law sec. 5107: misdemeanor for violating the Food Law or its rules (fine $250 to $2,500, imprisonment up to 90 days)

Michigan Legislature (Food Law, 2000 PA 92, Chapter V, Prohibited Acts and Penalties), Michigan (State)

Dates: Standing (2000-11-08)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing duty
Character: order penalty
Grade: Primary source read

a person who violates any provision of this act or rules promulgated under this act is guilty of a misdemeanor and shall be punished by a fine of not less than $250.00 or more than $2,500.00 or by imprisonment for not more than 90 days, or both.

Enforcement: Misdemeanor: fine $250 to $2,500, imprisonment up to 90 days, or both; felony for knowing violations of sec. 5101(1)(b) or (l)

Citation: Michigan Legislature (Food Law, 2000 PA 92, Chapter V, Prohibited Acts and Penalties), MCL 289.5107, Violation of act or rules; misdemeanor; felony for knowing violations; costs of investigation (standing) (Ex. DUT-MI-018) Open the exhibit

Ex. DUT-MI-019

T & V Associates, Inc. v. Director of Health and Human Services, No. 361727 (Mich. Ct. App. June 29, 2023) (for publication)

Published opinion on a banquet caterer's challenge to the MDHHS Gatherings and Face Mask Order of March 19, 2021: the orders under MCL 333.2253 'directly restricted plaintiff's ability to operate its business' and 'contained criminal sanctions for violators'; MCL 333.2253 held an unconstitutional delegation of legislative power; Court of Claims reversed

Michigan Court of Appeals (Boonstra, P.J., and Gadola and Yates, JJ.; opinion by Gadola, J.), on appeal from the Court of Claims, No. 21-000075-MM, Michigan (Court)

Dates: Standing (2023-06-29)
Limitations: Capacity limitGathering capFace-covering requirementOther
Character: adjudication
Grade: Primary source read

Defendant issued an emergency order on March 19, 2021, under MCL 333.2253, that directly restricted plaintiff's ability to operate its business.... The Order was an exercise of overwhelmingly broad power, substantial in scope and effect, and affecting virtually every aspect of the daily lives and the livelihoods of the people of Michigan.

Enforcement: n/a (judicial decision); the opinion recites that the orders carried criminal sanctions (MCL 333.2261)

Citation: Michigan Court of Appeals (Boonstra, P.J., and Gadola and Yates, JJ.; opinion by Gadola, J.), on appeal from the Court of Claims, No. 21-000075-MM, T & V Associates, Inc. v. Director of Health and Human Services, No. 361727 (Mich. Ct. App. June 29, 2023) (for publication) (Ex. DUT-MI-019) Open the exhibit

Ex. DUT-MI-020

MCL 333.5205, Failure or refusal to comply with warning notice; petition; court orders against a carrier who is a health threat to others

Public Health Code sec. 5205: circuit-court orders against an individual carrier who is a 'health threat to others,' including cease-and-desist, supervised living and commitment orders

Michigan Legislature (Public Health Code, 1978 PA 368, Part 52, Hazardous Communicable Diseases), Michigan (State)

Dates: Standing (1989-03-30)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Quarantine and isolationStanding duty
Character: statutory authority
Grade: Primary source read

the circuit court may issue 1 or more of the following orders:... (f) An order that the individual cease and desist conduct that constitutes a health threat to others. (g) An order that the individual live part-time or full-time in a supervised setting for the period and under the conditions set by the circuit court. (h)... an order that the individual be committed to an appropriate facility

Enforcement: Court-ordered restrictions and commitment; contempt of court

Citation: Michigan Legislature (Public Health Code, 1978 PA 368, Part 52, Hazardous Communicable Diseases), MCL 333.5205, Failure or refusal to comply with warning notice; petition; court orders against a carrier who is a health threat to others (standing) (Ex. DUT-MI-020) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

29 U.S.C. 654 (OSH Act § 5, the general duty clause)

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), United States (Federal)

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

(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.

Enforcement: 29 U.S.C. 666: civil penalties for serious, other-than-serious, willful and repeated violations (2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); willful violations causing death are criminal (29 U.S.C. 666(e)).

Citation: Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001) Open the exhibit

Ex. DUT-FED-002

29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)

Judicial review; discharge or discrimination against employee for exercise of rights

Congress (OSH Act § 11(c)), United States (Federal)

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

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.

Enforcement: 29 U.S.C. 660(c)(2): Secretary's suit in district court for reinstatement with back pay and 'all appropriate relief'

Citation: Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002) Open the exhibit

Ex. DUT-FED-003

29 C.F.R. 1910.132 (personal protective equipment, general requirements)

General requirements (Subpart I, Personal Protective Equipment)

Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), United States (Federal)

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

(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment... (d)(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE).

Enforcement: 29 U.S.C. 666 (civil penalties per violation)

Citation: Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003) Open the exhibit

Ex. DUT-FED-004

29 C.F.R. 1910.134 (respiratory protection)

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a)(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program... (c)(1)... the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004) Open the exhibit

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

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

(a)(3)(i) All places of employment shall be kept clean to the extent that the nature of the work allows.... (d)(1) Washing facilities shall be maintained in a sanitary condition.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005) Open the exhibit

Ex. DUT-FED-006

29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

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

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

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

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

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

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates: Standing (2021-01-29)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-08-13)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-06)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

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

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates: Standing (2020-09-09)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates: Standing (2020-09-11)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates: Standing (2021-04-22)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates: Standing (2021-04-15)
Quarters: 2020 Q42021 Q2
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates: Standing (2020-10-09)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-11-06)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Character: agency enforcement summary
Grade: Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates: Standing (2020-12-08)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates: Standing (2021-04-20)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingStanding duty
Character: regulatory duty
Grade: Primary source read

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: liability shield condition
Grade: Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates: Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Character: agency interpretation
Grade: Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

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

Dates: Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Vaccination or testingOther
Character: liability shield condition
Grade: Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates: Standing (2020-04-17)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-09-08)
Quarters: 2020 Q32020 Q4
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

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

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

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

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

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

Dates: Standing (2020-03-21)
Quarters: 2020 Q2
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

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

Dates: Standing (2020-05-06)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates: Standing (2020-03-18)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

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

Dates: Standing (2020-07-15)
Quarters: 2020 Q32020 Q4
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-04-26)
Quarters: 2020 Q22020 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character: agency guidance recommendation
Grade: Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-07-09)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

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

Dates: Standing (2020-04-08)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

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

Dates: Standing (2020-05-27)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates: Standing (2020-03-13)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rules
Character: agency position statement
Grade: Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates: Standing (2021-01-08)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates: Standing (2021-10-01)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-12-16)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2021-05-28)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-06-10)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates: Standing (2022-06-06)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rules
Character: adjudication
Grade: Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in Michigan 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 276 instruments in force for this selection: 33 instruments from the State of Michigan (Governor Gretchen Whitmer, Executive Order 2020-42 (Apr. 9, 2020) (Ex. MI-017); Governor Gretchen Whitmer, Executive Order 2020-92 (May 18, 2020) (Ex. MI-028); Governor Gretchen Whitmer, Executive Order 2020-96 (May 21, 2020) (Ex. MI-030); and 30 more), 19 instruments from the agencies, boards and authorities of Michigan (Anita G. Fox, Director, Department of Insurance and Financial Services, Bulletin 2020-11-BT/CF/CU (Mar. 30, 2020) (Ex. AGY-ST-INSURANCE-BANKING-079); Anita G. Fox, Director, Bulletin 2020-12-INS (Mar. 30, 2020) (Ex. AGY-ST-INSURANCE-BANKING-089); Anita G. Fox, Director, Bulletin 2020-13-BT/CF/CU (Apr. 10, 2020) (Ex. AGY-ST-INSURANCE-BANKING-090); and 16 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 45 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 43 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: CB (Ex. MI-018); CT courts (Ex. MI-008); CB customer base (Ex. MI-017); SF sales floor (Ex. MI-017); WF workforce (Ex. MI-020); DR dining room (Ex. MI-031); GATH events (Ex. MI-031); OP office (Ex. MI-028); WF (Ex. AGY-ST-INSURANCE-BANKING-089); predicate for all functions (Ex. MI-001).

Step three, the change compelled. Governor Gretchen Whitmer, Executive Order 2020-42 (Apr. 9, 2020) (Ex. MI-017) ordered: "1. This order must be construed broadly to prohibit in-person work that is not necessary to sustain or protect life. 2. Subject to the exceptions in section 7 of this order, all individuals currently living within the State of Michigan are ordered to stay at home or at their place of residence.…" Enforcement: § 17: 'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.' Governor Gretchen Whitmer, Executive Order 2020-92 (May 18, 2020) (Ex. MI-028) ordered: "12. For Regions 6 and 8, beginning at 12:01 am on May 22, workers necessary to perform retail activities.... 13. For Regions 6 and 8, beginning at 12:01 am on May 22, workers who work in an office setting, but only to the extent that such work is not capable of being performed remotely. 14. For…" Enforcement: Willful violation a misdemeanor (MCL 10.33; MCL 30.405(3)) Governor Gretchen Whitmer, Executive Order 2020-96 (May 21, 2020) (Ex. MI-030) ordered: "[Recital:] permitting retailers and motor vehicle dealerships to see customers by appointment, beginning on May 26, 2020.... [rescinding EO 2020-17 on non-essential medical and dental procedures:] Those rescissions will take effect on May 29.... 11(p) Beginning at 12:01 am on May 26, 2020, workers…" Enforcement: Willful violation a misdemeanor (MCL 10.33; MCL 30.405(3)) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Mar. 13, 2020 to June 30, 2020, 110 days. Executive Order 2020-42 (Ex. MI-017) was in force from Apr. 9, 2020 to Apr. 30, 2020, 22 of the quarter's 110 days; Executive Order 2020-92 (Ex. MI-028) was in force from May 18, 2020 to May 28, 2020, 11 of the quarter's 110 days; Executive Order 2020-96 (Ex. MI-030) was in force from May 21, 2020 to May 28, 2020, 8 of the quarter's 110 days. Of the 52 instruments in the quarter's record, 3 were in force on its first day, 19 on its last day and 0 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of 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 249 instruments in force for this selection: 24 instruments from the State of Michigan (Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. MI-031); Governor Gretchen Whitmer, Executive Order 2020-115 (June 5, 2020) (Ex. MI-033); Governor Gretchen Whitmer, Executive Order 2020-160 (July 29, 2020) (Ex. MI-040); and 21 more), 13 instruments from the agencies, boards and authorities of Michigan (Michigan Gaming Control Board (Executive Director Richard S. Kalm), Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted June 2020) (Ex. AGY-ST-GAMING-RACING-081); MHSAA Representative Council, MHSAA Council Reinstates 2020 Football Season; Full Fall Competition Schedule Authorized (September 3, 2020) (Sept. 3, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-053); Governor Gretchen Whitmer, Executive Order No. 2020-19 (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-051); and 10 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 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: DR dining room (Ex. MI-031); OP office (Ex. MI-031); WF workforce (Ex. MI-039); CT courts (Ex. AGY-ST-UTILITIES-HOUSING-AG-051); SF sales floor (Ex. MI-031); CB families (Ex. AGY-ST-EDUCATION-HIGHER-ED-053); FC gyms (Ex. MI-040); GATH events (Ex. MI-031); IC infection control (Ex. AGY-ST-HEALTH-SUBORDERS-098); SL personal care (Ex. MI-031).

Step three, the change compelled. Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. MI-031) ordered: "2. Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely.... 5. Indoor social gatherings and events among persons not part of a single household are permitted, but may not exceed 10 people.... [retail…" Enforcement: Willful violation a misdemeanor (MCL 10.33; MCL 30.405(3)); businesses 'permitted to deny entry or access to any individual who refuses to wear a face covering' Governor Gretchen Whitmer, Executive Order 2020-115 (June 5, 2020) (Ex. MI-033) ordered: "2. As of 12:01 am on June 15, 2020, subsection 12(c) of Executive Order 2020-110, which restricts the operation of facilities offering non-essential personal care services, is rescinded. 3. As of 12:01 am on June 10, 2020, individuals and businesses in Regions 6 and 8 are no longer subject to…" Enforcement: § 15: 'Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.' Governor Gretchen Whitmer, Executive Order 2020-160 (July 29, 2020) (Ex. MI-040) ordered: "1. Remote work. Any work that is capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely.... 7(a) A social gathering or organized event among persons not part of the same household is permitted, but only to the extent…" Enforcement: § 17: 'Penalty. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order is a misdemeanor.' 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. Executive Order 2020-110 (Ex. MI-031) was in force from June 1, 2020 to July 31, 2020, 31 of the quarter's 92 days; Executive Order 2020-115 (Ex. MI-033) was in force from June 10, 2020 to July 31, 2020, 31 of the quarter's 92 days; Executive Order 2020-160 (Ex. MI-040) was in force from July 31, 2020 to Sept. 4, 2020, 36 of the quarter's 92 days. Of the 37 instruments in the quarter's record, 20 were in force on its first day, 26 on its last day and 16 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 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 254 instruments in force for this selection: 26 instruments from the State of Michigan (Governor Gretchen Whitmer, Executive Order 2020-176 (Sept. 3, 2020) (Ex. MI-044); Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order ('Pause to Save Lives') (Nov. 15, 2020) (Ex. MI-060); Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Dec. 7, 2020) (Ex. MI-061); and 23 more), 16 instruments from the agencies, boards and authorities of Michigan (Michigan Gaming Control Board (Executive Director Richard S. Kalm), Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted June 2020) (Ex. AGY-ST-GAMING-RACING-081); MHSAA Representative Council, MHSAA Council Reinstates 2020 Football Season; Full Fall Competition Schedule Authorized (September 3, 2020) (Sept. 3, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-053); Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Temporary Restrictions on Entry into Congregate Care and Juvenile Justice Facilities (Oct. 6, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-106); and 13 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 52 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 50 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: OP office (Ex. MI-044); WF workforce (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066); CT courts (Ex. MI-016); DR dining room (Ex. MI-060); IC infection control (Ex. AGY-ST-HEALTH-SUBORDERS-098); PE venues (Ex. MI-062); RS residential operations (Ex. AGY-ST-HEALTH-SUBORDERS-106); SF (Ex. MI-062); VS visitation (Ex. AGY-ST-HEALTH-SUBORDERS-106); CB (Ex. MI-052).

Step three, the change compelled. Governor Gretchen Whitmer, Executive Order 2020-176 (Sept. 3, 2020) (Ex. MI-044) ordered: "1. Remote work. Except in Regions 6 and 8, any work capable of being performed remotely (i.e., without the worker leaving his or her home or place of residence) must be performed remotely. Although not required, in Regions 6 and 8, any work capable of being performed remotely should be performed…" Enforcement: Willful violation a misdemeanor (MCL 10.33; MCL 30.405(3)) Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order ('Pause to Save Lives') (Nov. 15, 2020) (Ex. MI-060) ordered: "As carried forward verbatim in the December 7, 2020 order (Ex. MI-061): indoor gatherings 'Are prohibited at residential venues, except where no more than 10 persons from no more than 2 households are gathered' and 'Are prohibited at non-residential venues'; at food service establishments 'Persons…" Enforcement: MCL 333.2235(1) (local health departments); MCL 333.2261 misdemeanor; MCL 333.2262 civil fine up to $1,000 per violation per day Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Dec. 7, 2020) (Ex. MI-061) ordered: "2(a) Indoor gatherings: (1) Are prohibited at residential venues, except where no more than 10 persons from no more than 2 households are gathered... (2) Are prohibited at non-residential venues.... 3(b) Gatherings are permitted at food service establishments under the following conditions: (1)…" Enforcement: § 9: local health departments authorized to enforce (MCL 333.2235(1)); misdemeanor up to 6 months or $200 (MCL 333.2261); civil fine up to $1,000 per violation… The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Oct. 1, 2020 to Dec. 31, 2020, 92 days. Executive Order 2020-176 (Ex. MI-044) was in force from Sept. 4, 2020 to Oct. 2, 2020, 2 of the quarter's 92 days; MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order ('Pause to Save… (Ex. MI-060) was in force from Nov. 18, 2020 to Dec. 8, 2020, 21 of the quarter's 92 days; MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Ex. MI-061) was in force from Dec. 9, 2020 to Dec. 20, 2020, 12 of the quarter's 92 days. Of the 42 instruments in the quarter's record, 22 were in force on its first day, 25 on its last day and 15 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 fourth quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the first quarter of 2021 the Library holds 253 instruments in force for this selection: 17 instruments from the State of Michigan (Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Dec. 18, 2020) (Ex. MI-062); Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Jan. 13, 2021) (Ex. MI-063); Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025); and 14 more), 15 instruments from the agencies, boards and authorities of Michigan (Michigan Gaming Control Board (Executive Director Richard S. Kalm), Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted June 2020) (Ex. AGY-ST-GAMING-RACING-081); Anita G. Fox, Director, Bulletin 2020-41-INS/BT/CF/CU (supersedes Bulletin 2020-38-INS/BT/CF/CU of October 2, 2020) (Oct. 19, 2020) (Ex. AGY-ST-INSURANCE-BANKING-095); Robert Gordon, Director, Michigan Department of Health and Human Services, Emergency Order Pursuant to MCL 333.2253 - Instructions to Laboratories, Health Professionals and Hospitals (COVID-19 Testing Prioritization and Reporting) (Mar. 23, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-093); and 12 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 46 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 44 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. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066); FC (Ex. MI-062); SF (Ex. MI-062); IC infection control (Ex. AGY-ST-HEALTH-SUBORDERS-098); OP office (Ex. MI-062); CT courts (Ex. MI-016); DR dining room (Ex. MI-064); GATH (Ex. MI-065); DR (Ex. MI-065); DR and BA (Ex. MI-062).

Step three, the change compelled. Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Dec. 18, 2020) (Ex. MI-062) ordered: "2(a) Indoor gatherings: (1) Are prohibited at residential venues, except where no more than 10 persons from no more than 2 households are gathered... (2) Are prohibited at non-residential venues.... 3(b)(1) Persons are not gathered indoors [at food service establishments] except in custodial…" Enforcement: MCL 333.2235(1); MCL 333.2261; MCL 333.2262(1) (as in the series) Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Jan. 13, 2021) (Ex. MI-063) ordered: "2. General capacity limitations at gatherings. (a) Indoor gatherings: (1) Are prohibited at residential venues, except where no more than 10 persons from no more than 2 households are gathered...; (2) Are prohibited at non-residential venues. (b) Outdoor gatherings are permitted only as follows: (1)…" Enforcement: § 9(b): local health departments authorized to enforce (MCL 333.2235(1)); § 9(e): misdemeanor (MCL 333.2261); § 9(g): civil fine up to $1,000 per violation per… Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025) ordered: "courts must adhere to the phased return to operations as determined by policy guidelines established by the State Court Administrative Office. Such policies will include but may not be limited to: Continued use and expansion of remote hearings as practicable... including increased remote work by…" Enforcement: Superintending control; SCAO gating approval required before any court expanded in-person proceedings 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. MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Ex. MI-062) was in force from Dec. 21, 2020 to Jan. 15, 2021, 15 of the quarter's 90 days; MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Ex. MI-063) was in force from Jan. 16, 2021 to Jan. 31, 2021, 16 of the quarter's 90 days; Administrative Order No. 2020-14 (Ex. MI-025) was in force from May 6, 2020 to July 26, 2021, 90 of the quarter's 90 days. Of the 32 instruments in the quarter's record, 22 were in force on its first day, 26 on its last day and 21 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 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 258 instruments in force for this selection: 23 instruments from the State of Michigan (Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025); Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Mar. 2, 2021) (Ex. MI-066); Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (amendment of March 19, 2021) (Mar. 19, 2021) (Ex. MI-067); and 20 more), 19 instruments from the agencies, boards and authorities of Michigan (Michigan Gaming Control Board (Executive Director Richard S. Kalm), Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted June 2020) (Ex. AGY-ST-GAMING-RACING-081); Anita G. Fox, Director, Bulletin 2020-41-INS/BT/CF/CU (supersedes Bulletin 2020-38-INS/BT/CF/CU of October 2, 2020) (Oct. 19, 2020) (Ex. AGY-ST-INSURANCE-BANKING-095); Robert Gordon, Director, Michigan Department of Health and Human Services, Emergency Order Pursuant to MCL 333.2253 - Instructions to Laboratories, Health Professionals and Hospitals (COVID-19 Testing Prioritization and Reporting) (Mar. 23, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-093); and 16 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 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. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066); WF (Ex. AGY-ST-INSURANCE-BANKING-095); DR (Ex. MI-066); GATH (Ex. MI-066); CB (Ex. MI-069); IC infection control (Ex. AGY-ST-HEALTH-SUBORDERS-098); MASK (Ex. MI-067); CT courts (Ex. MI-016); EMP (Ex. AGY-ST-LABOR-WORKPLACE-062); HR (Ex. MI-057).

Step three, the change compelled. Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025) ordered: "courts must adhere to the phased return to operations as determined by policy guidelines established by the State Court Administrative Office. Such policies will include but may not be limited to: Continued use and expansion of remote hearings as practicable... including increased remote work by…" Enforcement: Superintending control; SCAO gating approval required before any court expanded in-person proceedings Michigan Gaming Control Board (Executive Director Richard S. Kalm), Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted June 2020) (Ex. AGY-ST-GAMING-RACING-081) ordered: "The purpose of this document is to set forth minimum standards for a limited initial re-opening of Michigan commercial casinos.... Upon acceptance by the Executive Director, these minimum standards will be incorporated into an Executive order and distributed to each of the three Detroit casinos....…" Enforcement: Incorporated into an Executive Director's order under MCL 432.204; license discipline under MCL 432.204a and R 432.1101 et seq. Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Mar. 2, 2021) (Ex. MI-066) ordered: "2(a) Indoor gatherings: (1) Are prohibited at residential venues, except where no more than 15 persons from no more than 3 households are gathered...; (2) Are prohibited at non-residential venues, except where no more than 25 persons are gathered... (b)(2) At non-residential venues, 300 or fewer…" Enforcement: MCL 333.2261; MCL 333.2262(1) (as in the series) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Apr. 1, 2021 to June 30, 2021, 91 days. Administrative Order No. 2020-14 (Ex. MI-025) was in force from May 6, 2020 to July 26, 2021, 91 of the quarter's 91 days; Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted… (Ex. AGY-ST-GAMING-RACING-081) was in force from Aug. 5, 2020 to June 30, 2021, 91 of the quarter's 91 days; MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Ex. MI-066) was in force from Mar. 5, 2021 to Apr. 19, 2021, 19 of the quarter's 91 days. Of the 42 instruments in the quarter's record, 26 were in force on its first day, 28 on its last day and 19 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 236 instruments in force for this selection: 21 instruments from the State of Michigan (Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025); Michigan Supreme Court, Administrative Order No. 2020-1 (Mar. 15, 2020) (Ex. MI-004); Michigan Supreme Court, Administrative Order No. 2020-6 (Apr. 7, 2020) (Ex. MI-016); and 18 more), 2 instruments from the agencies, boards and authorities of Michigan (Anita G. Fox, Director, Bulletin 2020-41-INS/BT/CF/CU (supersedes Bulletin 2020-38-INS/BT/CF/CU of October 2, 2020) (Oct. 19, 2020) (Ex. AGY-ST-INSURANCE-BANKING-095); Michigan Department of Health and Human Services, Michigan Interim COVID-19 Vaccination Strategy (updated June 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-108)), 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 46 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 44 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: IN instruction (Ex. MI-081); WF workforce (Ex. MI-081); CT courts (Ex. MI-016); EC child care (Ex. MI-081); WF (Ex. AGY-ST-INSURANCE-BANKING-095); FP (Ex. MI-075); LB (Ex. MI-075); PK (Ex. MI-075); PL contractors serving schools (Ex. MI-084); PM property management (Ex. MI-034).

Step three, the change compelled. Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025) ordered: "courts must adhere to the phased return to operations as determined by policy guidelines established by the State Court Administrative Office. Such policies will include but may not be limited to: Continued use and expansion of remote hearings as practicable... including increased remote work by…" Enforcement: Superintending control; SCAO gating approval required before any court expanded in-person proceedings Anita G. Fox, Director, Bulletin 2020-41-INS/BT/CF/CU (supersedes Bulletin 2020-38-INS/BT/CF/CU of October 2, 2020) (Oct. 19, 2020) (Ex. AGY-ST-INSURANCE-BANKING-095) ordered: "Entities and individuals regulated by DIFS must remain apprised of and in compliance with DIFS' bulletins, orders, and other guidance that impact the regulated entity or individual. Regulated entities and individuals shall also remain apprised of and in compliance with new or amended laws [including…" Enforcement: MCL 333.2261 (violation of MDHHS orders a misdemeanor); MCL 408.1035 (MIOSHA penalties); DIFS supervision Michigan Supreme Court, Administrative Order No. 2020-1 (Mar. 15, 2020) (Ex. MI-004) ordered: "each trial court judge may implement emergency measures regarding court operations to enable continued service while also mitigating the risk of further transmission of the virus.... 1. Trial courts may adjourn any civil matters and any criminal matters where the defendant is not in custody;... 2.…" Enforcement: Binding on all trial courts under the Court's superintending control; noncompliance addressed by SCAO and the Court 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. Administrative Order No. 2020-14 (Ex. MI-025) was in force from May 6, 2020 to July 26, 2021, 26 of the quarter's 92 days; Bulletin 2020-41-INS/BT/CF/CU (supersedes Bulletin 2020-38-INS/BT/CF/CU of October 2… (Ex. AGY-ST-INSURANCE-BANKING-095) was in force from Oct. 19, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Administrative Order No. 2020-1 (Ex. MI-004) was in force from Mar. 15, 2020 to July 26, 2021, 26 of the quarter's 92 days. Of the 23 instruments in the quarter's record, 14 were in force on its first day, 15 on its last day and 9 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

7. Exhibit list

Every instrument cited in this report, by exhibit identifier: 446 records, of which The COVID Project holds the document for 426. 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-ST-AGRICULTURE-PARKS-WILDLIFE-066	MDHHS release, 'Emergency Order Requiring Testing of Agricultural and Food Processing Employees Remains in Effect' (describing the Aug. 3, 2020 order's testing…	MDHHS Director Robert Gordon (release describing the Emergency Order of Aug. 3, 2020, Ex. MI-042)	Aug. 17, 2020	MDHHS Director Robert Gordon (release describing the Emergency Order of Aug. 3, 2020, Ex. MI-042), MDHHS release, 'Emergency Order Requiring Testing of Agricultural and Food Processing Employees Remains in Effect' (describing the Aug. 3, 2020 order's testing requirements for migrant housing camp operators and agricultural, meat, poultry, egg and greenhouse employers, the Aug. 24 compliance deadline and the W.D. Mich. denial of a temporary restraining order) (Aug. 17, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066)	/library/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066	/exhibit/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-066
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-006	Executive Order 2020-29 (COVID-19)	Governor Gretchen Whitmer	Mar. 29, 2020	Governor Gretchen Whitmer, Executive Order 2020-29 (COVID-19) (Mar. 29, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-006)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-006	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-006
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-096	Executive Order 2020-18 (COVID-19)	Governor Gretchen Whitmer	Mar. 20, 2020	Governor Gretchen Whitmer, Executive Order 2020-18 (COVID-19) (Mar. 20, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-096)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-096	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-096
Ex. AGY-ST-CORRECTIONS-EMA-GUARD-097	Executive Order 2020-53 (COVID-19)	Governor Gretchen Whitmer	Apr. 13, 2020	Governor Gretchen Whitmer, Executive Order 2020-53 (COVID-19) (Apr. 13, 2020) (Ex. AGY-ST-CORRECTIONS-EMA-GUARD-097)	/library/AGY-ST-CORRECTIONS-EMA-GUARD-097	/exhibit/AGY-ST-CORRECTIONS-EMA-GUARD-097
Ex. AGY-ST-DMV-SOS-RECORDERS-041	Executive Order No. 2020-41	Governor Gretchen Whitmer	Apr. 8, 2020	Governor Gretchen Whitmer, Executive Order No. 2020-41 (Apr. 8, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-041)	/library/AGY-ST-DMV-SOS-RECORDERS-041	/exhibit/AGY-ST-DMV-SOS-RECORDERS-041
Ex. AGY-ST-DMV-SOS-RECORDERS-088	Executive Order No. 2020-38	Governor Gretchen Whitmer	Apr. 5, 2020	Governor Gretchen Whitmer, Executive Order No. 2020-38 (Apr. 5, 2020) (Ex. AGY-ST-DMV-SOS-RECORDERS-088)	/library/AGY-ST-DMV-SOS-RECORDERS-088	/exhibit/AGY-ST-DMV-SOS-RECORDERS-088
Ex. AGY-ST-EDUCATION-HIGHER-ED-041	MHSAA Cancels Remainder of 2019-20 Winter, Spring Seasons (April 3, 2020)	MHSAA Representative Council (Executive Director Mark Uyl)	Apr. 3, 2020	MHSAA Representative Council (Executive Director Mark Uyl), MHSAA Cancels Remainder of 2019-20 Winter, Spring Seasons (April 3, 2020) (Apr. 3, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-041)	/library/AGY-ST-EDUCATION-HIGHER-ED-041	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-041
Ex. AGY-ST-EDUCATION-HIGHER-ED-042	MHSAA Announces Football to Move to Spring Season for 2020-21 (August 14, 2020)	MHSAA Representative Council	Aug. 14, 2020	MHSAA Representative Council, MHSAA Announces Football to Move to Spring Season for 2020-21 (August 14, 2020) (Aug. 14, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-042)	/library/AGY-ST-EDUCATION-HIGHER-ED-042	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-042
Ex. AGY-ST-EDUCATION-HIGHER-ED-053	MHSAA Council Reinstates 2020 Football Season; Full Fall Competition Schedule Authorized (September 3, 2020)	MHSAA Representative Council	Sept. 3, 2020	MHSAA Representative Council, MHSAA Council Reinstates 2020 Football Season; Full Fall Competition Schedule Authorized (September 3, 2020) (Sept. 3, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-053)	/library/AGY-ST-EDUCATION-HIGHER-ED-053	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-053
Ex. AGY-ST-EDUCATION-HIGHER-ED-054	MHSAA Suspends Winter Tournaments Amid COVID-19 Concerns (March 12, 2020)	MHSAA	Mar. 12, 2020	MHSAA, MHSAA Suspends Winter Tournaments Amid COVID-19 Concerns (March 12, 2020) (Mar. 12, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-054)	/library/AGY-ST-EDUCATION-HIGHER-ED-054	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-054
Ex. AGY-ST-GAMING-RACING-081	Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted June 2020)	Michigan Gaming Control Board (Executive Director Richard S. Kalm)	June 8, 2020	Michigan Gaming Control Board (Executive Director Richard S. Kalm), Minimum Guidelines for Detroit Commercial Casinos to Reopen (approved June 8, 2020; posted June 2020) (Ex. AGY-ST-GAMING-RACING-081)	/library/AGY-ST-GAMING-RACING-081	/exhibit/AGY-ST-GAMING-RACING-081
Ex. AGY-ST-HEALTH-SUBORDERS-093	Emergency Order Pursuant to MCL 333.2253 - Instructions to Laboratories, Health Professionals and Hospitals (COVID-19 Testing Prioritization and Reporting)	Robert Gordon, Director, Michigan Department of Health and Human Services	Mar. 23, 2020	Robert Gordon, Director, Michigan Department of Health and Human Services, Emergency Order Pursuant to MCL 333.2253 - Instructions to Laboratories, Health Professionals and Hospitals (COVID-19 Testing Prioritization and Reporting) (Mar. 23, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-093)	/library/AGY-ST-HEALTH-SUBORDERS-093	/exhibit/AGY-ST-HEALTH-SUBORDERS-093
Ex. AGY-ST-HEALTH-SUBORDERS-094	Emergency Order Under MCL 333.2253 - COVID-19 Death Reporting	Robert Gordon, Director, MDHHS	Apr. 4, 2020	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - COVID-19 Death Reporting (Apr. 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-094)	/library/AGY-ST-HEALTH-SUBORDERS-094	/exhibit/AGY-ST-HEALTH-SUBORDERS-094
Ex. AGY-ST-HEALTH-SUBORDERS-095	Emergency Order Under MCL 333.2253 - Handling of Bodily Remains	Robert Gordon, Director, MDHHS	May 4, 2020	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Handling of Bodily Remains (May 4, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-095)	/library/AGY-ST-HEALTH-SUBORDERS-095	/exhibit/AGY-ST-HEALTH-SUBORDERS-095
Ex. AGY-ST-HEALTH-SUBORDERS-096	Emergency Order under MCL 333.2253 - Administration of COVID-19 Tests (authorizing standing orders for testing)	Elizabeth Hertel, Director, MDHHS	Feb. 2, 2021	Elizabeth Hertel, Director, MDHHS, Emergency Order under MCL 333.2253 - Administration of COVID-19 Tests (authorizing standing orders for testing) (Feb. 2, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-096)	/library/AGY-ST-HEALTH-SUBORDERS-096	/exhibit/AGY-ST-HEALTH-SUBORDERS-096
Ex. AGY-ST-HEALTH-SUBORDERS-097	Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Hospitals and Centers Staff	Robert Gordon, Director, MDHHS	Sept. 14, 2020	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Hospitals and Centers Staff (Sept. 14, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-097)	/library/AGY-ST-HEALTH-SUBORDERS-097	/exhibit/AGY-ST-HEALTH-SUBORDERS-097
Ex. AGY-ST-HEALTH-SUBORDERS-098	Emergency Order Under MCL 333.2253 - Mandatory Testing for Prison Staff	Robert Gordon, Director, MDHHS	Aug. 19, 2020	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for Prison Staff (Aug. 19, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-098)	/library/AGY-ST-HEALTH-SUBORDERS-098	/exhibit/AGY-ST-HEALTH-SUBORDERS-098
Ex. AGY-ST-HEALTH-SUBORDERS-099	Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Juvenile Justice Facility Staff	Robert Gordon, Director, MDHHS	Sept. 18, 2020	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Mandatory Testing for MDHHS Juvenile Justice Facility Staff (Sept. 18, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-099)	/library/AGY-ST-HEALTH-SUBORDERS-099	/exhibit/AGY-ST-HEALTH-SUBORDERS-099
Ex. AGY-ST-HEALTH-SUBORDERS-100	Emergency Order Under MCL 333.2253 - Testing of State of Michigan Nursing Home Inspectors (LARA)	Robert Gordon, Director, MDHHS	Jan. 11, 2021	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Testing of State of Michigan Nursing Home Inspectors (LARA) (Jan. 11, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-100)	/library/AGY-ST-HEALTH-SUBORDERS-100	/exhibit/AGY-ST-HEALTH-SUBORDERS-100
Ex. AGY-ST-HEALTH-SUBORDERS-104	Michigan Interim COVID-19 Vaccination Strategy (Jan. 29, 2021)	Michigan Department of Health and Human Services	Jan. 29, 2021	Michigan Department of Health and Human Services, Michigan Interim COVID-19 Vaccination Strategy (Jan. 29, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-104)	/library/AGY-ST-HEALTH-SUBORDERS-104	/exhibit/AGY-ST-HEALTH-SUBORDERS-104
Ex. AGY-ST-HEALTH-SUBORDERS-105	Emergency Order Under MCL 333.2253 - Reporting of Confirmed and Probable Cases of COVID-19 at Schools	Robert Gordon, Director, MDHHS	Oct. 6, 2020	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Reporting of Confirmed and Probable Cases of COVID-19 at Schools (Oct. 6, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-105)	/library/AGY-ST-HEALTH-SUBORDERS-105	/exhibit/AGY-ST-HEALTH-SUBORDERS-105
Ex. AGY-ST-HEALTH-SUBORDERS-106	Emergency Order Under MCL 333.2253 - Temporary Restrictions on Entry into Congregate Care and Juvenile Justice Facilities	Robert Gordon, Director, MDHHS	Oct. 6, 2020	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Temporary Restrictions on Entry into Congregate Care and Juvenile Justice Facilities (Oct. 6, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-106)	/library/AGY-ST-HEALTH-SUBORDERS-106	/exhibit/AGY-ST-HEALTH-SUBORDERS-106
Ex. AGY-ST-HEALTH-SUBORDERS-108	Michigan Interim COVID-19 Vaccination Strategy (updated June 8, 2021)	Michigan Department of Health and Human Services	June 8, 2021	Michigan Department of Health and Human Services, Michigan Interim COVID-19 Vaccination Strategy (updated June 8, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-108)	/library/AGY-ST-HEALTH-SUBORDERS-108	/exhibit/AGY-ST-HEALTH-SUBORDERS-108
Ex. AGY-ST-INSURANCE-BANKING-079	Bulletin 2020-11-BT/CF/CU	Anita G. Fox, Director, Department of Insurance and Financial Services	Mar. 30, 2020	Anita G. Fox, Director, Department of Insurance and Financial Services, Bulletin 2020-11-BT/CF/CU (Mar. 30, 2020) (Ex. AGY-ST-INSURANCE-BANKING-079)	/library/AGY-ST-INSURANCE-BANKING-079	/exhibit/AGY-ST-INSURANCE-BANKING-079
Ex. AGY-ST-INSURANCE-BANKING-080	Bulletin 2020-21-BT/CF/CU	Anita G. Fox, Director	Apr. 30, 2020	Anita G. Fox, Director, Bulletin 2020-21-BT/CF/CU (Apr. 30, 2020) (Ex. AGY-ST-INSURANCE-BANKING-080)	/library/AGY-ST-INSURANCE-BANKING-080	/exhibit/AGY-ST-INSURANCE-BANKING-080
Ex. AGY-ST-INSURANCE-BANKING-089	Bulletin 2020-12-INS	Anita G. Fox, Director	Mar. 30, 2020	Anita G. Fox, Director, Bulletin 2020-12-INS (Mar. 30, 2020) (Ex. AGY-ST-INSURANCE-BANKING-089)	/library/AGY-ST-INSURANCE-BANKING-089	/exhibit/AGY-ST-INSURANCE-BANKING-089
Ex. AGY-ST-INSURANCE-BANKING-090	Bulletin 2020-13-BT/CF/CU	Anita G. Fox, Director	Apr. 10, 2020	Anita G. Fox, Director, Bulletin 2020-13-BT/CF/CU (Apr. 10, 2020) (Ex. AGY-ST-INSURANCE-BANKING-090)	/library/AGY-ST-INSURANCE-BANKING-090	/exhibit/AGY-ST-INSURANCE-BANKING-090
Ex. AGY-ST-INSURANCE-BANKING-091	Bulletin 2020-14-INS	Anita G. Fox, Director	Apr. 10, 2020	Anita G. Fox, Director, Bulletin 2020-14-INS (Apr. 10, 2020) (Ex. AGY-ST-INSURANCE-BANKING-091)	/library/AGY-ST-INSURANCE-BANKING-091	/exhibit/AGY-ST-INSURANCE-BANKING-091
Ex. AGY-ST-INSURANCE-BANKING-095	Bulletin 2020-41-INS/BT/CF/CU (supersedes Bulletin 2020-38-INS/BT/CF/CU of October 2, 2020)	Anita G. Fox, Director	Oct. 19, 2020	Anita G. Fox, Director, Bulletin 2020-41-INS/BT/CF/CU (supersedes Bulletin 2020-38-INS/BT/CF/CU of October 2, 2020) (Oct. 19, 2020) (Ex. AGY-ST-INSURANCE-BANKING-095)	/library/AGY-ST-INSURANCE-BANKING-095	/exhibit/AGY-ST-INSURANCE-BANKING-095
Ex. AGY-ST-LABOR-WORKPLACE-049	MIOSHA presentation, 'COVID-19 MIOSHA Emergency Rules: Getting Open, Staying Open' (workplace outbreak data as of Oct. 22, 2020; rules effective Oct. 14, 2020)	MIOSHA	Oct. 22, 2020	MIOSHA, MIOSHA presentation, 'COVID-19 MIOSHA Emergency Rules: Getting Open, Staying Open' (workplace outbreak data as of Oct. 22, 2020; rules effective Oct. 14, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-049)	/library/AGY-ST-LABOR-WORKPLACE-049	/exhibit/AGY-ST-LABOR-WORKPLACE-049
Ex. AGY-ST-LABOR-WORKPLACE-062	MIOSHA Emergency Rules, Coronavirus Disease 2019 (COVID-19), as amended and refiled May 24, 2021 (superseding the emergency rules filed Oct. 14, 2020 and their…	Director, Department of Labor and Economic Opportunity (Susan Corbin, Acting Director), for MIOSHA	May 24, 2021	Director, Department of Labor and Economic Opportunity (Susan Corbin, Acting Director), for MIOSHA, MIOSHA Emergency Rules, Coronavirus Disease 2019 (COVID-19), as amended and refiled May 24, 2021 (superseding the emergency rules filed Oct. 14, 2020 and their extension filed Apr. 13, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-062)	/library/AGY-ST-LABOR-WORKPLACE-062	/exhibit/AGY-ST-LABOR-WORKPLACE-062
Ex. AGY-ST-LABOR-WORKPLACE-063	MIOSHA Emergency Rules Update (May 25, 2021)	MIOSHA	May 25, 2021	MIOSHA, MIOSHA Emergency Rules Update (May 25, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-063)	/library/AGY-ST-LABOR-WORKPLACE-063	/exhibit/AGY-ST-LABOR-WORKPLACE-063
Ex. AGY-ST-LABOR-WORKPLACE-064	MIOSHA Citation and Notification of Penalty issued to a Michigan restaurant for violations of the COVID-19 Emergency Rules (published Jan. 2021)	MIOSHA		MIOSHA, MIOSHA Citation and Notification of Penalty issued to a Michigan restaurant for violations of the COVID-19 Emergency Rules (published Jan. 2021) (Ex. AGY-ST-LABOR-WORKPLACE-064)	/library/AGY-ST-LABOR-WORKPLACE-064	/exhibit/AGY-ST-LABOR-WORKPLACE-064
Ex. AGY-ST-LABOR-WORKPLACE-065	MIOSHA Citation and Notification of Penalty issued to an equipment rental and sales business for violations of the COVID-19 Emergency Rules (published May 2021)	MIOSHA		MIOSHA, MIOSHA Citation and Notification of Penalty issued to an equipment rental and sales business for violations of the COVID-19 Emergency Rules (published May 2021) (Ex. AGY-ST-LABOR-WORKPLACE-065)	/library/AGY-ST-LABOR-WORKPLACE-065	/exhibit/AGY-ST-LABOR-WORKPLACE-065
Ex. AGY-ST-LABOR-WORKPLACE-076	UIA press release, 'Work Search Requirements for Unemployment Benefits to Be Reinstated' (May 19, 2021)	Unemployment Insurance Agency (Liza Estlund Olson, Acting Director)	May 19, 2021	Unemployment Insurance Agency (Liza Estlund Olson, Acting Director), UIA press release, 'Work Search Requirements for Unemployment Benefits to Be Reinstated' (May 19, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-076)	/library/AGY-ST-LABOR-WORKPLACE-076	/exhibit/AGY-ST-LABOR-WORKPLACE-076
Ex. AGY-ST-UTILITIES-HOUSING-AG-013	Executive Order No. 2020-28	Governor Gretchen Whitmer	Mar. 28, 2020	Governor Gretchen Whitmer, Executive Order No. 2020-28 (Mar. 28, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-013)	/library/AGY-ST-UTILITIES-HOUSING-AG-013	/exhibit/AGY-ST-UTILITIES-HOUSING-AG-013
Ex. AGY-ST-UTILITIES-HOUSING-AG-033	Executive Order No. 2020-18	Governor Gretchen Whitmer	Mar. 20, 2020	Governor Gretchen Whitmer, Executive Order No. 2020-18 (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-033)	/library/AGY-ST-UTILITIES-HOUSING-AG-033	/exhibit/AGY-ST-UTILITIES-HOUSING-AG-033
Ex. AGY-ST-UTILITIES-HOUSING-AG-034	Executive Order No. 2020-53	Governor Gretchen Whitmer	Apr. 17, 2020	Governor Gretchen Whitmer, Executive Order No. 2020-53 (Apr. 17, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-034)	/library/AGY-ST-UTILITIES-HOUSING-AG-034	/exhibit/AGY-ST-UTILITIES-HOUSING-AG-034
Ex. AGY-ST-UTILITIES-HOUSING-AG-051	Executive Order No. 2020-19	Governor Gretchen Whitmer	Mar. 20, 2020	Governor Gretchen Whitmer, Executive Order No. 2020-19 (Mar. 20, 2020) (Ex. AGY-ST-UTILITIES-HOUSING-AG-051)	/library/AGY-ST-UTILITIES-HOUSING-AG-051	/exhibit/AGY-ST-UTILITIES-HOUSING-AG-051
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-MI-001	MCL 333.2253(1), Epidemic; emergency order and procedures	Michigan Legislature (Public Health Code, 1978 PA 368, Part 22, State Department of Public Health)	standing	Michigan Legislature (Public Health Code, 1978 PA 368, Part 22, State Department of Public Health), MCL 333.2253(1), Epidemic; emergency order and procedures (standing) (Ex. DUT-MI-001)	/library/DUT-MI-001	/exhibit/DUT-MI-001
Ex. DUT-MI-002	MCL 333.2251, Imminent danger to health or lives; order; menace to public health	Michigan Legislature (Public Health Code, 1978 PA 368, Part 22)	standing	Michigan Legislature (Public Health Code, 1978 PA 368, Part 22), MCL 333.2251, Imminent danger to health or lives; order; menace to public health (standing) (Ex. DUT-MI-002)	/library/DUT-MI-002	/exhibit/DUT-MI-002
Ex. DUT-MI-003	MCL 333.2261, Violation of rule or order of department; misdemeanor	Michigan Legislature (Public Health Code, 1978 PA 368, Part 22)	standing	Michigan Legislature (Public Health Code, 1978 PA 368, Part 22), MCL 333.2261, Violation of rule or order of department; misdemeanor (standing) (Ex. DUT-MI-003)	/library/DUT-MI-003	/exhibit/DUT-MI-003
Ex. DUT-MI-004	MCL 333.2262, Schedule of monetary civil penalties; citation	Michigan Legislature (Public Health Code, 1978 PA 368, Part 22)	standing	Michigan Legislature (Public Health Code, 1978 PA 368, Part 22), MCL 333.2262, Schedule of monetary civil penalties; citation (standing) (Ex. DUT-MI-004)	/library/DUT-MI-004	/exhibit/DUT-MI-004
Ex. DUT-MI-005	MCL 333.2453, Epidemic; emergency order and procedures of local health officer; involuntary detention	Michigan Legislature (Public Health Code, 1978 PA 368, Part 24, Local Health Departments)	standing	Michigan Legislature (Public Health Code, 1978 PA 368, Part 24, Local Health Departments), MCL 333.2453, Epidemic; emergency order and procedures of local health officer; involuntary detention (standing) (Ex. DUT-MI-005)	/library/DUT-MI-005	/exhibit/DUT-MI-005
Ex. DUT-MI-006	MCL 333.2451, Imminent danger to health or lives; order of local health officer	Michigan Legislature (Public Health Code, 1978 PA 368, Part 24)	standing	Michigan Legislature (Public Health Code, 1978 PA 368, Part 24), MCL 333.2451, Imminent danger to health or lives; order of local health officer (standing) (Ex. DUT-MI-006)	/library/DUT-MI-006	/exhibit/DUT-MI-006
Ex. DUT-MI-007	MCL 333.2455, Building or condition violating health laws or constituting nuisance, unsanitary condition, or cause of illness; order	Michigan Legislature (Public Health Code, 1978 PA 368, Part 24)	standing	Michigan Legislature (Public Health Code, 1978 PA 368, Part 24), MCL 333.2455, Building or condition violating health laws or constituting nuisance, unsanitary condition, or cause of illness; order (standing) (Ex. DUT-MI-007)	/library/DUT-MI-007	/exhibit/DUT-MI-007
Ex. DUT-MI-008	MCL 333.2461, Schedule of monetary civil penalties of local governing entity; citation	Michigan Legislature (Public Health Code, 1978 PA 368, Part 24)	standing	Michigan Legislature (Public Health Code, 1978 PA 368, Part 24), MCL 333.2461, Schedule of monetary civil penalties of local governing entity; citation (standing) (Ex. DUT-MI-008)	/library/DUT-MI-008	/exhibit/DUT-MI-008
Ex. DUT-MI-009	Mich. Admin. Code R 325.171 to R 325.199, Communicable and Related Diseases (R 325.173 reporting; R 325.174 investigation; R 325.175 control procedures)	Michigan Department of Health and Human Services (Michigan Administrative Code, Communicable and Related Diseases rules)	standing	Michigan Department of Health and Human Services (Michigan Administrative Code, Communicable and Related Diseases rules), Mich. Admin. Code R 325.171 to R 325.199, Communicable and Related Diseases (R 325.173 reporting; R 325.174 investigation; R 325.175 control procedures) (standing) (Ex. DUT-MI-009)	/library/DUT-MI-009	/exhibit/DUT-MI-009
Ex. DUT-MI-010	MCL 30.405, Powers of governor upon declaration of state of disaster or emergency; willful disobedience a misdemeanor	Michigan Legislature (Emergency Management Act, 1976 PA 390)	standing	Michigan Legislature (Emergency Management Act, 1976 PA 390), MCL 30.405, Powers of governor upon declaration of state of disaster or emergency; willful disobedience a misdemeanor (standing) (Ex. DUT-MI-010)	/library/DUT-MI-010	/exhibit/DUT-MI-010
Ex. DUT-MI-011	MCL 30.403, Responsibility of governor; executive orders having the force and effect of law; declaration of state of disaster or emergency	Michigan Legislature (Emergency Management Act, 1976 PA 390)	standing	Michigan Legislature (Emergency Management Act, 1976 PA 390), MCL 30.403, Responsibility of governor; executive orders having the force and effect of law; declaration of state of disaster or emergency (standing) (Ex. DUT-MI-011)	/library/DUT-MI-011	/exhibit/DUT-MI-011
Ex. DUT-MI-012	MCL 10.31 to 10.33 (Emergency Powers of the Governor Act), compiled-laws entry showing repeal by 2021 PA 77 effective March 30, 2022, with compiler's notes	Michigan Legislature (Emergency Powers of the Governor Act, 1945 PA 302; repealed by initiated law, 2021 PA 77)	standing	Michigan Legislature (Emergency Powers of the Governor Act, 1945 PA 302; repealed by initiated law, 2021 PA 77), MCL 10.31 to 10.33 (Emergency Powers of the Governor Act), compiled-laws entry showing repeal by 2021 PA 77 effective March 30, 2022, with compiler's notes (July 21, 2021) (Ex. DUT-MI-012)	/library/DUT-MI-012	/exhibit/DUT-MI-012
Ex. DUT-MI-013	MCL 408.1011, Duties of employer (MIOSHA Act sec. 11)	Michigan Legislature (Michigan Occupational Safety and Health Act, 1974 PA 154)	standing	Michigan Legislature (Michigan Occupational Safety and Health Act, 1974 PA 154), MCL 408.1011, Duties of employer (MIOSHA Act sec. 11) (standing) (Ex. DUT-MI-013)	/library/DUT-MI-013	/exhibit/DUT-MI-013
Ex. DUT-MI-014	MCL 408.1035, Civil and criminal penalties (MIOSHA Act sec. 35)	Michigan Legislature (Michigan Occupational Safety and Health Act, 1974 PA 154)	standing	Michigan Legislature (Michigan Occupational Safety and Health Act, 1974 PA 154), MCL 408.1035, Civil and criminal penalties (MIOSHA Act sec. 35) (standing) (Ex. DUT-MI-014)	/library/DUT-MI-014	/exhibit/DUT-MI-014
Ex. DUT-MI-015	2020 PA 237 (MCL 408.1085), employer immunity for employee exposure to COVID-19 conditioned on compliance with all COVID-19 statutes, rules, regulations…	Michigan Legislature (Enrolled House Bill 6031, 2020 PA 237, approved and filed Oct. 22, 2020)	standing	Michigan Legislature (Enrolled House Bill 6031, 2020 PA 237, approved and filed Oct. 22, 2020), 2020 PA 237 (MCL 408.1085), employer immunity for employee exposure to COVID-19 conditioned on compliance with all COVID-19 statutes, rules, regulations, executive orders and agency orders (standing) (Ex. DUT-MI-015)	/library/DUT-MI-015	/exhibit/DUT-MI-015
Ex. DUT-MI-016	MCL 333.2235, Delegation of department powers and functions to local health departments	Michigan Legislature (Public Health Code, 1978 PA 368, Part 22)	standing	Michigan Legislature (Public Health Code, 1978 PA 368, Part 22), MCL 333.2235, Delegation of department powers and functions to local health departments (standing) (Ex. DUT-MI-016)	/library/DUT-MI-016	/exhibit/DUT-MI-016
Ex. DUT-MI-017	MCL 289.4125, Food establishment license; revocation or suspension; summary suspension for imminent threat to the public health	Michigan Legislature (Food Law, 2000 PA 92, Chapter IV, Licensing)	standing	Michigan Legislature (Food Law, 2000 PA 92, Chapter IV, Licensing), MCL 289.4125, Food establishment license; revocation or suspension; summary suspension for imminent threat to the public health (standing) (Ex. DUT-MI-017)	/library/DUT-MI-017	/exhibit/DUT-MI-017
Ex. DUT-MI-018	MCL 289.5107, Violation of act or rules; misdemeanor; felony for knowing violations; costs of investigation	Michigan Legislature (Food Law, 2000 PA 92, Chapter V, Prohibited Acts and Penalties)	standing	Michigan Legislature (Food Law, 2000 PA 92, Chapter V, Prohibited Acts and Penalties), MCL 289.5107, Violation of act or rules; misdemeanor; felony for knowing violations; costs of investigation (standing) (Ex. DUT-MI-018)	/library/DUT-MI-018	/exhibit/DUT-MI-018
Ex. DUT-MI-019	T & V Associates, Inc. v. Director of Health and Human Services, No. 361727 (Mich. Ct. App. June 29, 2023) (for publication)	Michigan Court of Appeals (Boonstra, P.J., and Gadola and Yates, JJ.; opinion by Gadola, J.), on appeal from the Court of Claims, No. 21-000075-MM	standing	Michigan Court of Appeals (Boonstra, P.J., and Gadola and Yates, JJ.; opinion by Gadola, J.), on appeal from the Court of Claims, No. 21-000075-MM, T & V Associates, Inc. v. Director of Health and Human Services, No. 361727 (Mich. Ct. App. June 29, 2023) (for publication) (Ex. DUT-MI-019)	/library/DUT-MI-019	/exhibit/DUT-MI-019
Ex. DUT-MI-020	MCL 333.5205, Failure or refusal to comply with warning notice; petition; court orders against a carrier who is a health threat to others	Michigan Legislature (Public Health Code, 1978 PA 368, Part 52, Hazardous Communicable Diseases)	standing	Michigan Legislature (Public Health Code, 1978 PA 368, Part 52, Hazardous Communicable Diseases), MCL 333.5205, Failure or refusal to comply with warning notice; petition; court orders against a carrier who is a health threat to others (standing) (Ex. DUT-MI-020)	/library/DUT-MI-020	/exhibit/DUT-MI-020
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. MI-001	Executive Order 2020-4	Governor Gretchen Whitmer	Mar. 10, 2020	Governor Gretchen Whitmer, Executive Order 2020-4 (Mar. 10, 2020) (Ex. MI-001)	/library/MI-001
Ex. MI-002	Executive Order 2020-5	Governor Gretchen Whitmer	Mar. 13, 2020	Governor Gretchen Whitmer, Executive Order 2020-5 (Mar. 13, 2020) (Ex. MI-002)	/library/MI-002	/exhibit/MI-002
Ex. MI-003	Executive Order 2020-7	Governor Gretchen Whitmer	Mar. 14, 2020	Governor Gretchen Whitmer, Executive Order 2020-7 (Mar. 14, 2020) (Ex. MI-003)	/library/MI-003	/exhibit/MI-003
Ex. MI-004	Administrative Order No. 2020-1	Michigan Supreme Court	Mar. 15, 2020	Michigan Supreme Court, Administrative Order No. 2020-1 (Mar. 15, 2020) (Ex. MI-004)	/library/MI-004	/exhibit/MI-004
Ex. MI-005	Executive Order 2020-9	Governor Gretchen Whitmer	Mar. 16, 2020	Governor Gretchen Whitmer, Executive Order 2020-9 (Mar. 16, 2020) (Ex. MI-005)	/library/MI-005	/exhibit/MI-005
Ex. MI-006	Executive Order 2020-10	Governor Gretchen Whitmer	Mar. 16, 2020	Governor Gretchen Whitmer, Executive Order 2020-10 (Mar. 16, 2020) (Ex. MI-006)	/library/MI-006	/exhibit/MI-006
Ex. MI-007	Executive Order 2020-11	Governor Gretchen Whitmer	Mar. 16, 2020	Governor Gretchen Whitmer, Executive Order 2020-11 (Mar. 16, 2020) (Ex. MI-007)	/library/MI-007	/exhibit/MI-007
Ex. MI-008	Administrative Order No. 2020-2	Michigan Supreme Court	Mar. 18, 2020	Michigan Supreme Court, Administrative Order No. 2020-2 (Mar. 18, 2020) (Ex. MI-008)	/library/MI-008	/exhibit/MI-008
Ex. MI-009	Executive Order 2020-17	Governor Gretchen Whitmer	Mar. 20, 2020	Governor Gretchen Whitmer, Executive Order 2020-17 (Mar. 20, 2020) (Ex. MI-009)	/library/MI-009	/exhibit/MI-009
Ex. MI-010	Executive Order 2020-20	Governor Gretchen Whitmer	Mar. 21, 2020	Governor Gretchen Whitmer, Executive Order 2020-20 (Mar. 21, 2020) (Ex. MI-010)	/library/MI-010	/exhibit/MI-010
Ex. MI-011	Executive Order 2020-21	Governor Gretchen Whitmer	Mar. 23, 2020	Governor Gretchen Whitmer, Executive Order 2020-21 (Mar. 23, 2020) (Ex. MI-011)	/library/MI-011	/exhibit/MI-011
Ex. MI-012	Secretary of State branch office closure (Mar. 24, 2020)	Michigan Department of State (Secretary of State Jocelyn Benson)	Mar. 24, 2020	Michigan Department of State (Secretary of State Jocelyn Benson), Secretary of State branch office closure (Mar. 24, 2020) (Ex. MI-012)	/library/MI-012	/exhibit/MI-012
Ex. MI-013	Executive Order 2020-33	Governor Gretchen Whitmer	Apr. 1, 2020	Governor Gretchen Whitmer, Executive Order 2020-33 (Apr. 1, 2020) (Ex. MI-013)	/library/MI-013	/exhibit/MI-013
Ex. MI-014	MDHHS Emergency Order under MCL 333.2253 incorporating the Governor's executive orders into the epidemic finding	Michigan Department of Health and Human Services (Director Robert Gordon)	Apr. 2, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253 incorporating the Governor's executive orders into the epidemic finding (Apr. 2, 2020) (Ex. MI-014)	/library/MI-014
Ex. MI-015	Executive Order 2020-35	Governor Gretchen Whitmer	Apr. 2, 2020	Governor Gretchen Whitmer, Executive Order 2020-35 (Apr. 2, 2020) (Ex. MI-015)	/library/MI-015	/exhibit/MI-015
Ex. MI-016	Administrative Order No. 2020-6	Michigan Supreme Court	Apr. 7, 2020	Michigan Supreme Court, Administrative Order No. 2020-6 (Apr. 7, 2020) (Ex. MI-016)	/library/MI-016
Ex. MI-017	Executive Order 2020-42	Governor Gretchen Whitmer	Apr. 9, 2020	Governor Gretchen Whitmer, Executive Order 2020-42 (Apr. 9, 2020) (Ex. MI-017)	/library/MI-017	/exhibit/MI-017
Ex. MI-018	Executive Order 2020-43	Governor Gretchen Whitmer	Apr. 13, 2020	Governor Gretchen Whitmer, Executive Order 2020-43 (Apr. 13, 2020) (Ex. MI-018)	/library/MI-018	/exhibit/MI-018
Ex. MI-019	Administrative Order No. 2020-10	Michigan Supreme Court	Apr. 23, 2020	Michigan Supreme Court, Administrative Order No. 2020-10 (Apr. 23, 2020) (Ex. MI-019)	/library/MI-019
Ex. MI-020	Executive Order 2020-59	Governor Gretchen Whitmer	Apr. 24, 2020	Governor Gretchen Whitmer, Executive Order 2020-59 (Apr. 24, 2020) (Ex. MI-020)	/library/MI-020	/exhibit/MI-020
Ex. MI-021	Executive Order 2020-67	Governor Gretchen Whitmer	Apr. 30, 2020	Governor Gretchen Whitmer, Executive Order 2020-67 (Apr. 30, 2020) (Ex. MI-021)	/library/MI-021	/exhibit/MI-021
Ex. MI-022	Executive Order 2020-68	Governor Gretchen Whitmer	Apr. 30, 2020	Governor Gretchen Whitmer, Executive Order 2020-68 (Apr. 30, 2020) (Ex. MI-022)	/library/MI-022	/exhibit/MI-022
Ex. MI-023	Executive Order 2020-69	Governor Gretchen Whitmer	Apr. 30, 2020	Governor Gretchen Whitmer, Executive Order 2020-69 (Apr. 30, 2020) (Ex. MI-023)	/library/MI-023	/exhibit/MI-023
Ex. MI-024	Executive Order 2020-70 (May 1, 2020), sec. 11(h)	Governor Gretchen Whitmer	May 1, 2020	Governor Gretchen Whitmer, Executive Order 2020-70 (May 1, 2020), sec. 11(h) (Ex. MI-024)	/library/MI-024	/exhibit/MI-024
Ex. MI-025	Administrative Order No. 2020-14	Michigan Supreme Court	May 6, 2020	Michigan Supreme Court, Administrative Order No. 2020-14 (May 6, 2020) (Ex. MI-025)	/library/MI-025	/exhibit/MI-025
Ex. MI-027	Executive Order 2020-91	Governor Gretchen Whitmer	May 18, 2020	Governor Gretchen Whitmer, Executive Order 2020-91 (May 18, 2020) (Ex. MI-027)	/library/MI-027	/exhibit/MI-027
Ex. MI-028	Executive Order 2020-92	Governor Gretchen Whitmer	May 18, 2020	Governor Gretchen Whitmer, Executive Order 2020-92 (May 18, 2020) (Ex. MI-028)	/library/MI-028	/exhibit/MI-028
Ex. MI-029	MDHHS Emergency Order reinforcing the Governor's executive orders	Michigan Department of Health and Human Services (Director Robert Gordon)	May 18, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order reinforcing the Governor's executive orders (May 18, 2020) (Ex. MI-029)	/library/MI-029
Ex. MI-030	Executive Order 2020-96	Governor Gretchen Whitmer	May 21, 2020	Governor Gretchen Whitmer, Executive Order 2020-96 (May 21, 2020) (Ex. MI-030)	/library/MI-030	/exhibit/MI-030
Ex. MI-031	Executive Order 2020-110	Governor Gretchen Whitmer	June 1, 2020	Governor Gretchen Whitmer, Executive Order 2020-110 (June 1, 2020) (Ex. MI-031)	/library/MI-031	/exhibit/MI-031
Ex. MI-032	Executive Order 2020-114	Governor Gretchen Whitmer	June 5, 2020	Governor Gretchen Whitmer, Executive Order 2020-114 (June 5, 2020) (Ex. MI-032)	/library/MI-032	/exhibit/MI-032
Ex. MI-033	Executive Order 2020-115	Governor Gretchen Whitmer	June 5, 2020	Governor Gretchen Whitmer, Executive Order 2020-115 (June 5, 2020) (Ex. MI-033)	/library/MI-033	/exhibit/MI-033
Ex. MI-034	Administrative Order No. 2020-17	Michigan Supreme Court	June 9, 2020	Michigan Supreme Court, Administrative Order No. 2020-17 (June 9, 2020) (Ex. MI-034)	/library/MI-034
Ex. MI-035	Administrative Order No. 2020-19	Michigan Supreme Court	June 26, 2020	Michigan Supreme Court, Administrative Order No. 2020-19 (June 26, 2020) (Ex. MI-035)	/library/MI-035
Ex. MI-036	Executive Order 2020-143	Governor Gretchen Whitmer	July 1, 2020	Governor Gretchen Whitmer, Executive Order 2020-143 (July 1, 2020) (Ex. MI-036)	/library/MI-036	/exhibit/MI-036
Ex. MI-037	2020 PA 124 (Enrolled Senate Bill 942)	Michigan Legislature (2020 PA 124, approved by the Governor)	July 1, 2020	Michigan Legislature (2020 PA 124, approved by the Governor), 2020 PA 124 (Enrolled Senate Bill 942) (July 1, 2020) (Ex. MI-037)	/library/MI-037	/exhibit/MI-037
Ex. MI-038	2020 PA 127	Michigan Legislature (2020 PA 127, approved by the Governor)	July 1, 2020	Michigan Legislature (2020 PA 127, approved by the Governor), 2020 PA 127 (July 1, 2020) (Ex. MI-038)	/library/MI-038	/exhibit/MI-038
Ex. MI-039	Executive Order 2020-147	Governor Gretchen Whitmer	July 10, 2020	Governor Gretchen Whitmer, Executive Order 2020-147 (July 10, 2020) (Ex. MI-039)	/library/MI-039	/exhibit/MI-039
Ex. MI-040	Executive Order 2020-160	Governor Gretchen Whitmer	July 29, 2020	Governor Gretchen Whitmer, Executive Order 2020-160 (July 29, 2020) (Ex. MI-040)	/library/MI-040	/exhibit/MI-040
Ex. MI-041	Executive Order 2020-161	Governor Gretchen Whitmer	July 29, 2020	Governor Gretchen Whitmer, Executive Order 2020-161 (July 29, 2020) (Ex. MI-041)	/library/MI-041	/exhibit/MI-041
Ex. MI-042	MDHHS Public Health Order: Testing of agricultural and food-processing employees	Michigan Department of Health and Human Services (Director Robert Gordon)	Aug. 3, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Public Health Order: Testing of agricultural and food-processing employees (Aug. 3, 2020) (Ex. MI-042)	/library/MI-042	/exhibit/MI-042
Ex. MI-043	Executive Order 2020-175	Governor Gretchen Whitmer	Sept. 3, 2020	Governor Gretchen Whitmer, Executive Order 2020-175 (Sept. 3, 2020) (Ex. MI-043)	/library/MI-043	/exhibit/MI-043
Ex. MI-044	Executive Order 2020-176	Governor Gretchen Whitmer	Sept. 3, 2020	Governor Gretchen Whitmer, Executive Order 2020-176 (Sept. 3, 2020) (Ex. MI-044)	/library/MI-044	/exhibit/MI-044
Ex. MI-045	Executive Order 2020-183	Governor Gretchen Whitmer	Sept. 25, 2020	Governor Gretchen Whitmer, Executive Order 2020-183 (Sept. 25, 2020) (Ex. MI-045)	/library/MI-045	/exhibit/MI-045
Ex. MI-046	Executive Order 2020-184	Governor Gretchen Whitmer	Sept. 25, 2020	Governor Gretchen Whitmer, Executive Order 2020-184 (Sept. 25, 2020) (Ex. MI-046)	/library/MI-046	/exhibit/MI-046
Ex. MI-048	Executive Order 2020-186	Governor Gretchen Whitmer	Sept. 30, 2020	Governor Gretchen Whitmer, Executive Order 2020-186 (Sept. 30, 2020) (Ex. MI-048)	/library/MI-048	/exhibit/MI-048
Ex. MI-049	In re Certified Questions from the United States District Court, Western District of Michigan, Southern Division (Midwest Institute of Health, PLLC v.…	Michigan Supreme Court	Oct. 2, 2020	Michigan Supreme Court, In re Certified Questions from the United States District Court, Western District of Michigan, Southern Division (Midwest Institute of Health, PLLC v. Governor), No. 161492, 506 Mich. 332 (2020) (Oct. 2, 2020) (Ex. MI-049)	/library/MI-049	/exhibit/MI-049
Ex. MI-050	MDHHS Emergency Order under MCL 333.2253: Gathering Prohibition and Face Covering Order	Michigan Department of Health and Human Services (Director Robert Gordon)	Oct. 5, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gathering Prohibition and Face Covering Order (Oct. 5, 2020) (Ex. MI-050)	/library/MI-050	/exhibit/MI-050
Ex. MI-051	MDHHS Emergency Order: Requirements for Residential Care Facilities	Michigan Department of Health and Human Services (Director Robert Gordon)	Oct. 6, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order: Requirements for Residential Care Facilities (Oct. 6, 2020) (Ex. MI-051)	/library/MI-051	/exhibit/MI-051
Ex. MI-052	MDHHS Emergency Order under MCL 333.2253: Gathering Prohibition and Mask Order	Michigan Department of Health and Human Services (Director Robert Gordon)	Oct. 9, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gathering Prohibition and Mask Order (Oct. 9, 2020) (Ex. MI-052)	/library/MI-052
Ex. MI-053	Order of October 12, 2020 in In re Certified Questions, No. 161492	Michigan Supreme Court	Oct. 12, 2020	Michigan Supreme Court, Order of October 12, 2020 in In re Certified Questions, No. 161492 (Oct. 12, 2020) (Ex. MI-053)	/library/MI-053
Ex. MI-054	MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19)	Michigan Occupational Safety and Health Administration (MIOSHA), Department of Labor and Economic Opportunity	Oct. 14, 2020	Michigan Occupational Safety and Health Administration (MIOSHA), Department of Labor and Economic Opportunity, MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19) (Oct. 14, 2020) (Ex. MI-054)	/library/MI-054	/exhibit/MI-054
Ex. MI-055	MDHHS Emergency Order: Requirements for Residential Care Facilities (visitation)	Michigan Department of Health and Human Services (Director Robert Gordon)	Oct. 21, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order: Requirements for Residential Care Facilities (visitation) (Oct. 21, 2020) (Ex. MI-055)	/library/MI-055	/exhibit/MI-055
Ex. MI-056	2020 PA 236	Michigan Legislature (2020 PA 236, approved by the Governor)	Oct. 22, 2020	Michigan Legislature (2020 PA 236, approved by the Governor), 2020 PA 236 (Oct. 22, 2020) (Ex. MI-056)	/library/MI-056	/exhibit/MI-056
Ex. MI-057	2020 PA 238	Michigan Legislature (2020 PA 238, approved by the Governor)	Oct. 22, 2020	Michigan Legislature (2020 PA 238, approved by the Governor), 2020 PA 238 (Oct. 22, 2020) (Ex. MI-057)	/library/MI-057	/exhibit/MI-057
Ex. MI-058	MDHHS Emergency Order: Testing requirements for long-term care facilities	Michigan Department of Health and Human Services (Director Robert Gordon)	Oct. 28, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order: Testing requirements for long-term care facilities (Oct. 28, 2020) (Ex. MI-058)	/library/MI-058
Ex. MI-059	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Robert Gordon)	Oct. 29, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Oct. 29, 2020) (Ex. MI-059)	/library/MI-059	/exhibit/MI-059
Ex. MI-060	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order ('Pause to Save Lives')	Michigan Department of Health and Human Services (Director Robert Gordon)	Nov. 15, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order ('Pause to Save Lives') (Nov. 15, 2020) (Ex. MI-060)	/library/MI-060	/exhibit/MI-060
Ex. MI-061	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Robert Gordon)	Dec. 7, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Dec. 7, 2020) (Ex. MI-061)	/library/MI-061	/exhibit/MI-061
Ex. MI-062	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Robert Gordon)	Dec. 18, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Dec. 18, 2020) (Ex. MI-062)	/library/MI-062	/exhibit/MI-062
Ex. MI-063	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Robert Gordon)	Jan. 13, 2021	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Jan. 13, 2021) (Ex. MI-063)	/library/MI-063	/exhibit/MI-063
Ex. MI-064	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	Jan. 22, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Jan. 22, 2021) (Ex. MI-064)	/library/MI-064	/exhibit/MI-064
Ex. MI-065	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	Feb. 4, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Feb. 4, 2021) (Ex. MI-065)	/library/MI-065
Ex. MI-066	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	Mar. 2, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Mar. 2, 2021) (Ex. MI-066)	/library/MI-066	/exhibit/MI-066
Ex. MI-067	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (amendment of March 19, 2021)	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	Mar. 19, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (amendment of March 19, 2021) (Mar. 19, 2021) (Ex. MI-067)	/library/MI-067	/exhibit/MI-067
Ex. MI-068	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	Apr. 16, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Apr. 16, 2021) (Ex. MI-068)	/library/MI-068	/exhibit/MI-068
Ex. MI-069	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	May 4, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (May 4, 2021) (Ex. MI-069)	/library/MI-069	/exhibit/MI-069
Ex. MI-070	MDHHS Emergency Order: Testing requirements for residential care facilities	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	May 5, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order: Testing requirements for residential care facilities (May 5, 2021) (Ex. MI-070)	/library/MI-070	/exhibit/MI-070
Ex. MI-071	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	May 14, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (May 14, 2021) (Ex. MI-071)	/library/MI-071	/exhibit/MI-071
Ex. MI-072	MDHHS Emergency Order: Requirements for Residential Care Facilities	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	May 21, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order: Requirements for Residential Care Facilities (May 21, 2021) (Ex. MI-072)	/library/MI-072	/exhibit/MI-072
Ex. MI-073	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	May 24, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (May 24, 2021) (Ex. MI-073)	/library/MI-073	/exhibit/MI-073
Ex. MI-074	MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19), as amended May 24, 2021	MIOSHA, Department of Labor and Economic Opportunity	May 24, 2021	MIOSHA, Department of Labor and Economic Opportunity, MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19), as amended May 24, 2021 (Ex. MI-074)	/library/MI-074	/exhibit/MI-074
Ex. MI-075	MDHHS Emergency Order: Agricultural worker testing (re-issued)	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	June 11, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order: Agricultural worker testing (re-issued) (June 11, 2021) (Ex. MI-075)	/library/MI-075	/exhibit/MI-075
Ex. MI-076	MDHHS Rescission of Emergency Orders (June 17, 2021)	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	June 17, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Rescission of Emergency Orders (June 17, 2021) (Ex. MI-076)	/library/MI-076	/exhibit/MI-076
Ex. MI-077	MDHHS Emergency Order: Requirements for Prisons	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	June 25, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Emergency Order: Requirements for Prisons (June 25, 2021) (Ex. MI-077)	/library/MI-077	/exhibit/MI-077
Ex. MI-078	MDHHS Rescission of the agricultural worker testing order	Michigan Department of Health and Human Services (Director Elizabeth Hertel)	July 1, 2021	Michigan Department of Health and Human Services (Director Elizabeth Hertel), MDHHS Rescission of the agricultural worker testing order (July 1, 2021) (Ex. MI-078)	/library/MI-078	/exhibit/MI-078
Ex. MI-079	Order amending Administrative Order No. 2020-17 (July 2, 2021)	Michigan Supreme Court	July 2, 2021	Michigan Supreme Court, Order amending Administrative Order No. 2020-17 (July 2, 2021) (Ex. MI-079)	/library/MI-079	/exhibit/MI-079
Ex. MI-080	Michigan Supreme Court Administrative Orders (official compilation, current through July 2022), including the July 26, 2021 rescission of AOs 2020-1, 2020-6…	Michigan Supreme Court	July 26, 2021	Michigan Supreme Court, Michigan Supreme Court Administrative Orders (official compilation, current through July 2022), including the July 26, 2021 rescission of AOs 2020-1, 2020-6, 2020-9, 2020-14 and 2020-19 (Ex. MI-080)	/library/MI-080	/exhibit/MI-080
Ex. MI-081	Ottawa County Health Department Order: COVID-19 Prevention in Schools (isolation and quarantine)	Ottawa County Department of Public Health (Administrative Health Officer Lisa Stefanovsky)	Aug. 6, 2021	Ottawa County Department of Public Health (Administrative Health Officer Lisa Stefanovsky), Ottawa County Health Department Order: COVID-19 Prevention in Schools (isolation and quarantine) (Aug. 6, 2021) (Ex. MI-081)	/library/MI-081	/exhibit/MI-081
Ex. MI-082	Genesee County Health Department Emergency Order: Masking in educational settings (August 12, 2021), with the Emergency Orders Regarding Masks of September 2…	Genesee County Health Department (Medical Health Officer Dr. Pamela Hackert)	Aug. 12, 2021	Genesee County Health Department (Medical Health Officer Dr. Pamela Hackert), Genesee County Health Department Emergency Order: Masking in educational settings (August 12, 2021), with the Emergency Orders Regarding Masks of September 2, 2021 and School Masking Order Update 1.2 of September 10, 2021 (Aug. 12, 2021) (Ex. MI-082)	/library/MI-082	/exhibit/MI-082
Ex. MI-083	Kalamazoo County Public Health Order: Face masks in educational settings (August 18, 2021)	Kalamazoo County Health and Community Services Department (Health Officer James Rutherford)	Aug. 18, 2021	Kalamazoo County Health and Community Services Department (Health Officer James Rutherford), Kalamazoo County Public Health Order: Face masks in educational settings (August 18, 2021) (Aug. 18, 2021) (Ex. MI-083)	/library/MI-083	/exhibit/MI-083
Ex. MI-084	Ottawa County Health Department Order: COVID-19 Prevention through the Wearing of Face Masks in Educational Settings	Ottawa County Department of Public Health (Administrative Health Officer)	Aug. 20, 2021	Ottawa County Department of Public Health (Administrative Health Officer), Ottawa County Health Department Order: COVID-19 Prevention through the Wearing of Face Masks in Educational Settings (Aug. 20, 2021) (Ex. MI-084)	/library/MI-084	/exhibit/MI-084
Ex. MI-085	Public Health Order for Control of COVID-19 Pandemic: Order for Face Masks in Educational Settings within Berrien County, Michigan	Berrien County Health Department (Acting Health Officer)	Sept. 1, 2021	Berrien County Health Department (Acting Health Officer), Public Health Order for Control of COVID-19 Pandemic: Order for Face Masks in Educational Settings within Berrien County, Michigan (Sept. 1, 2021) (Ex. MI-085)	/library/MI-085	/exhibit/MI-085
Ex. MI-086	2021 PA 87 (Enrolled Senate Bill 82), Article 6, Secs. 250 and 510	Michigan Legislature (2021 PA 87, approved by the Governor with a signing statement)	Sept. 29, 2021	Michigan Legislature (2021 PA 87, approved by the Governor with a signing statement), 2021 PA 87 (Enrolled Senate Bill 82), Article 6, Secs. 250 and 510 (Sept. 29, 2021) (Ex. MI-086)	/library/MI-086	/exhibit/MI-086
Ex. SEC-09-034	Executive Order 2020-97 (Safeguards to protect Michigan's workers from COVID-19)	Governor Gretchen Whitmer	May 21, 2020	Governor Gretchen Whitmer, Executive Order 2020-97 (Safeguards to protect Michigan's workers from COVID-19) (May 21, 2020) (Ex. SEC-09-034)	/library/SEC-09-034	/exhibit/SEC-09-034
Ex. 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=MI&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.