Eligibility report

Governmental Orders Record and Eligibility Analysis

Virginia

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 387 instruments cited; 378 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=VA&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 Virginia 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=VA&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)

Virginia, first day (Apr. 1, 2020): Apr. 1, 2020: state of emergency (VA-001); PHE One as amended (VA-002); EO 53 closures, 10-person gathering ban, K-12 closed, non-essential retail 10 patrons, telework directive (VA-004); PHE Two elective-procedure and dental ban (VA-005); EO 55 stay-at-home, higher-education in-person instruction ceased, campground and beach closures (VA-006); ED 8 vehicle-inspection suspension (VA-020); Supreme Court judicial emergency, non-essential proceedings suspended (VA-039).

Virginia, last day (June 30, 2020): June 30, 2020: Amended EO 51 (VA-018); Phase Two under EO 65 and Amended EO 65 statewide including Northern Virginia and Richmond (VA-013, VA-047): gatherings capped at 50, indoor dining 50 percent, fitness 30 percent, indoor theaters and concert venues closed; EO 63 face coverings aged 10 and over indoors (VA-012); EO 67 Phase Three signed June 30 for July 1 (VA-014); judicial emergency continuing (Sixth Order, June 22, 2020, listed in VA-039 chain); ED 10 cocktails-to-go and fee deferral (VA-021).

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)

Virginia, first day (July 1, 2020): July 1, 2020: Phase Three under EO 67 (VA-014): gatherings over 250 prohibited, entertainment and amusement venues capped at the lesser of 50 percent or 1,000, overnight camps closed, higher education under Forward Virginia plans, restaurants and personal care under mandatory sector requirements; EO 63 face coverings (VA-012); judicial emergency (VA-039 chain).

Virginia, last day (Sept. 30, 2020): Sept. 30, 2020: Third Amended EO 67 (Sept. 10, 2020) with the same Phase Three caps and Eastern Region restrictions lifted (VA-025); EO 63 face coverings (VA-012); DOLI Emergency Temporary Standard in force since July 27, 2020 (VA-036); judicial emergency (Eleventh Order, Sept. 28, 2020, in the VA-039 chain); eviction-writ suspension of Aug. 10 to Sept. 7, 2020 had ended (VA-040).

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)

Virginia, first day (Oct. 1, 2020): Oct. 1, 2020: Third Amended EO 67 Phase Three caps (VA-025); EO 63 face coverings (VA-012); DOLI ETS (VA-036); judicial emergency (VA-039 chain).

Virginia, last day (Dec. 31, 2020): Dec. 31, 2020: EO 72 and PHE Nine (VA-016): modified stay-at-home order midnight to 5 a.m., gatherings over 10 prohibited, universal face coverings aged five and older indoors and outdoors, on-premises alcohol ended at 10 p.m., dining rooms closed midnight to 5 a.m., venues capped at the lesser of 30 percent or 250, fitness 75 percent, overnight camps closed; DOLI ETS (VA-036); judicial emergency (Fifteenth Order, Dec. 18, 2020).

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)

Virginia, first day (Jan. 1, 2021): Jan. 1, 2021: EO 72 as issued (VA-016), all restrictions above; DOLI ETS (VA-036); judicial emergency.

Virginia, last day (Mar. 31, 2021): Mar. 31, 2021: Third Amended EO 72 (effective Mar. 1) (VA-033): curfew ended, gatherings over 10 indoors or 25 outdoors prohibited, alcohol ended at midnight, dining rooms closed midnight to 5 a.m., venues 30 percent or 250, face coverings aged five and older; Fourth Amended EO 72 signed Mar. 23 for Apr. 1 (VA-034); DOLI Final Permanent Standard (effective Jan. 27, 2021; plan and training sections effective Mar. 26, 2021) (VA-037); Chapter 456 approved Mar. 30, 2021 (VA-043); judicial emergency (Nineteenth Order, Mar. 15, 2021).

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)

Virginia, first day (Apr. 1, 2021): Apr. 1, 2021: Fourth Amended EO 72 (VA-034): gatherings over 50 indoors or 100 outdoors prohibited, venues 30 percent, alcohol midnight to 5 a.m., face coverings aged five and older; DOLI Final Standard (VA-037); judicial emergency.

Virginia, last day (June 30, 2021): June 30, 2021: general business restrictions ended May 28, 2021 by EO 79 (VA-017, VA-029); EO 79's K-12 mask mandate and 'should' guidance in force until the emergency lapsed at the end of June 30, 2021; Amended EO 51 lapsed June 30, 2021; DOLI Final Standard (VA-037); Chapter 456 (VA-043); judicial emergency (Twenty-Fourth Order, June 29, 2021).

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)

Virginia, first day (July 1, 2021): July 1, 2021: DOLI Final Standard, 16VAC25-220, binding every employer (VA-037); Chapter 456 (SB 1303) requiring in-person instruction with CDC mitigation strategies to the maximum extent practicable (VA-043); Supreme Court Declaration of Judicial Emergency (Twenty-Fourth Order, June 29, 2021, continuing to July 20; chain in VA-039, VA-041, VA-042); no state of emergency; no EO 72 or EO 79 restrictions.

Virginia, last day (Sept. 30, 2021): Sept. 30, 2021: DOLI Standard as amended effective Sept. 8, 2021 (VA-038); Supreme Court Twenty-Eighth Order (Sept. 20, 2021; in effect Sept. 23 to Oct. 13, 2021) (VA-042); Chapter 456 (VA-043); State Health Commissioner's K-12 mask order of Aug. 12, 2021 (VA-044); Executive Directive 18 in force since Sept. 1, 2021 (VA-045).

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 Virginia	19	15	13	11	13	8	47
Agencies, boards and authorities	14	9	9	8	7	7	17
Standing duties	40	45	48	42	47	38	66
All layers	252	232	230	236	232	220	460

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 Virginia

Ex. VA-011

Executive Order 62 and Order of Public Health Emergency Four

Jurisdictions Temporarily Delayed From Entering Phase One in Executive Order 61 and Permitted to Remain in Phase Zero, Northern Virginia Region

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from May 15, 2020 to May 28, 2020 (issued May 12, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureCapacity limitGathering cap
Functions reached: all EO 53 and EO 55 functions in the Northern Virginia Region, Richmond and Accomack
Grade: Primary source read
Days in this quarter: 14

the Northern Virginia Region... shall remain in Phase Zero, with the restrictions of Executive Order 53 and Executive Order 55 continuing to apply, until 11:59 p.m., May 28, 2020

Enforcement: As under EO 53 and EO 55 (Class 1 misdemeanor, § 44-146.17)

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 62 and Order of Public Health Emergency Four (May 12, 2020) (Ex. VA-011) Open the exhibit

Ex. VA-004

Executive Order 53 (2020)

Temporary Restrictions on Restaurants, Recreational, Entertainment, Gatherings, Non-Essential Retail Businesses, and Closure of K-12 Schools Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam, Virginia (State)

Dates: In force from Mar. 24, 2020 to Apr. 23, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Business closureTelework mandateCapacity limitGathering capSchools and child careWorkplace rules
Functions reached: DR dining room; BA bar; SF sales floor; FC facilities; PE performances; SL salon services; IN in-person instruction; WF workforce (schools closed); OF office and telework; GATH events; CB customer base
Grade: Primary source read
Days in this quarter: 31

1.... all public and private in person gatherings of 10 or more individuals are prohibited. 2. Cessation of all in-person instruction at K-12 schools, public and private, for the remainder of the 2019-2020 school year. Facilities providing child care services may remain open.... 3. Closure of all dining and congregation areas in restaurants, dining establishments, food courts, breweries, microbreweries, distilleries, wineries, tasting rooms, and farmers markets... 4. Closure of all public access to recreational and entertainment businesses... 6.... any brick and mortar retail business not listed in paragraph 5 may continue to operate but must limit all in-person shopping to no more than 10 patrons per establishment. If any such business cannot adhere to the 10 patron limit with proper social distancing requirements, it must close. 7. All businesses shall, to the extent possible, adhere…

Enforcement: Violation of paragraphs 1, 3, 4 and 6 is a Class 1 misdemeanor pursuant to § 44-146.17

Citation: Governor Ralph S. Northam, Executive Order 53 (2020) (Mar. 23, 2020) (Ex. VA-004) Open the exhibit

Ex. VA-006

Executive Order 55 (2020)

Temporary Stay at Home Order Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam, Virginia (State)

Dates: In force from Mar. 30, 2020 to June 10, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureGathering capTravel and quarantineSchools and child care
Functions reached: CB customer base under stay-home; WF workforce; IN in-person instruction (higher education); LG lodging (campgrounds); GATH events; TV travel demand
Grade: Primary source read
Days in this quarter: 73

1. All individuals in Virginia shall remain at their place of residence, except as provided below by this Order and Executive Order 53.... Individuals may leave their residences for the purpose of: a. Obtaining food, beverages, goods, or services as permitted in Executive Order 53; b. Seeking medical attention, essential social services, governmental services, assistance from law enforcement, or emergency services; c. Taking care of other individuals, animals, or visiting the home of a family member; d. Traveling required by court order or to facilitate child custody, visitation, or child care; e. Engaging in outdoor activity...; f. Traveling to and from one's residence, place of worship, or work; g. Traveling to and from an educational institution; h. Volunteering...; and i. Leaving one's residence due to a reasonable fear for health or safety.... 2. All public and private in-person…

Enforcement: Violation of paragraphs 2, 3, 4 and 5 is a Class 1 misdemeanor pursuant to § 44-146.17

Citation: Governor Ralph S. Northam, Executive Order 55 (2020) (Mar. 30, 2020) (Ex. VA-006) Open the exhibit

Ex. VA-007

Amended Executive Order 53 (2020)

Extension of Temporary Restrictions Due To Novel Coronavirus (COVID-19)

Governor Ralph S. Northam, Virginia (State)

Dates: In force from Apr. 15, 2020 to May 7, 2020
Quarters: 2020 Q2
Limitations: Business closureCapacity limitGathering capSchools and child care
Functions reached: same as EO 53
Grade: Primary source read
Days in this quarter: 23

Closure of all dining and congregation areas... effective 11:59 p.m., Tuesday, March 24, 2020 until 11:59 p.m., Thursday, May 7, 2020... [and] 6. Effective 11:59 p.m., Tuesday, March 24, 2020 until 11:59 p.m., Thursday, May 7, 2020, any brick and mortar retail business not listed in paragraph 5 may continue to operate but must limit all in-person shopping to no more than 10 patrons per establishment.

Enforcement: Class 1 misdemeanor under § 44-146.17

Citation: Governor Ralph S. Northam, Amended Executive Order 53 (2020) (Apr. 15, 2020) (Ex. VA-007) Open the exhibit

Ex. VA-009

Second Amended Executive Order 53 (2020)

Further Extension of Temporary Restrictions on Restaurants, Recreational, Entertainment, Gatherings, Non-Essential Retail Businesses, and Closure of K-12 Schools

Governor Ralph S. Northam, Virginia (State)

Dates: In force from May 4, 2020 to May 14, 2020
Quarters: 2020 Q2
Limitations: Business closureCapacity limitGathering capSchools and child care
Functions reached: same as EO 53
Grade: Primary source read
Days in this quarter: 11

1. Effective 11:59 p.m., Tuesday, March 24, 2020 until 11:59 p.m., Wednesday, June 10, 2020, all public and private in person gatherings of more than 10 individuals are prohibited, as further clarified in Executive Order 55.... 3. Closure of all dining and congregation areas... until 11:59 p.m., Thursday, May 14, 2020.

Enforcement: Class 1 misdemeanor under § 44-146.17

Citation: Governor Ralph S. Northam, Second Amended Executive Order 53 (2020) (May 4, 2020) (Ex. VA-009) Open the exhibit

Ex. VA-010

Executive Order 61 and Order of Public Health Emergency Three

Phase One Easing of Certain Temporary Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from May 15, 2020 to June 10, 2020 (issued May 8, 2020)
Quarters: 2020 Q2
Limitations: Business closureCapacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Functions reached: DR; SF; FC; SL; PE; GATH; IN higher education; LG campgrounds; WS worship (50 percent)
Grade: Primary source read
Days in this quarter: 27

restaurants... may operate delivery, take-out, and outdoor dining and beverage services only... a. Occupancy may not exceed the 50% of the lowest occupancy load on the certificate of occupancy... h. If any such business cannot adhere to these requirements, it must close.... [Fitness:] Indoor activities are prohibited.... [Personal care:] may reopen... a. Occupancy may not exceed 50%... only one appointment per service provider at a time.... B. CONTINUED RESTRICTIONS 1.... All public access to recreational and entertainment businesses set forth below shall remain closed: a. Theaters, performing arts centers, concert venues, museums, and other indoor entertainment centers... 2. All public and private in-person gatherings of more than 10 individuals are prohibited.... 4. Institutions of higher education shall continue to cease all in-person classes and instruction.

Enforcement: VDH enforces § A (Class 1 misdemeanor under § 32.1-27; injunctive relief); violations of § B ¶¶ 1, 2, 4, 5, 6 are Class 1 misdemeanors under § 44-146.17; any regulatory agency may enforce as to a licensee

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 61 and Order of Public Health Emergency Three (May 8, 2020) (Ex. VA-010) Open the exhibit

Ex. VA-019

Amended Executive Order 61 and Amended Order of Public Health Emergency Three

Phase One Easing of Certain Temporary Restrictions; Expansion of Permitted Activities at Beaches in the City of Virginia Beach

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from May 21, 2020 to June 10, 2020 (issued May 19, 2020)
Quarters: 2020 Q2
Limitations: Business closureCapacity limitGathering capEvents and venues
Functions reached: AM amenities; TV travel demand; LG lodging; EC camps
Grade: Primary source read
Days in this quarter: 21

With the exception of the City of Virginia Beach, the continued closure of all public beaches... for all activity, except exercising and fishing.... Effective 12:00 a.m., Friday, May 21, 2020,... the City of Virginia Beach may open its beaches to individual and family recreational activity... 6. Overnight Summer Camps. Overnight services of summer camps... must cease.

Enforcement: Class 1 misdemeanor under § 44-146.17 (§ B); VDH under § 32.1-27 (§ A)

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Executive Order 61 and Amended Order of Public Health Emergency Three (May 19, 2020) (Ex. VA-019) Open the exhibit

Ex. VA-013

Executive Order 65 and Order of Public Health Emergency Six

Phase Two Easing of Certain Temporary Restrictions Due to Novel Coronavirus (COVID-19), Excluding the City of Richmond and the Northern Virginia Region

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from June 5, 2020 to July 1, 2020 (issued June 2, 2020)
Quarters: 2020 Q2
Limitations: Business closureCapacity limitGathering capEvents and venuesWorkplace rules
Functions reached: DR; SF; FC; PE; GATH; WS; IN higher education
Grade: Primary source read
Days in this quarter: 26 (in force on the last day)

Occupancy may not exceed the 50% of the lowest occupancy load on the certificate of occupancy [restaurants, indoor and outdoor dining]... Fitness centers, gymnasiums, recreation centers, sports facilities, and exercise facilities may reopen for indoor and outdoor activities... [limited to the lesser of] 30% of the minimum occupancy load on the certificate of occupancy or 50 patrons... All public access to recreational and entertainment businesses set forth below shall remain closed: a. Indoor theaters, indoor performing arts centers, indoor concert venues, and other indoor entertainment centers... All public and private in-person gatherings of more than 50 individuals are prohibited.... No institutions of higher education shall hold or host gatherings of more than 50 individuals.

Enforcement: VDH and regulatory agencies (Class 1 misdemeanor under § 32.1-27); gathering violations Class 1 misdemeanor under § 44-146.17

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 65 and Order of Public Health Emergency Six (June 2, 2020) (Ex. VA-013) Open the exhibit

Ex. VA-047

Amended Executive Order 65 and Order of Public Health Emergency Six

Phase Two Easing of Certain Temporary Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (Northern Virginia Region and City of Richmond) (State)

Dates: In force from June 12, 2020 to July 1, 2020 (issued June 9, 2020)
Quarters: 2020 Q2
Limitations: Business closureCapacity limitGathering capEvents and venues
Functions reached: DR; SF; FC; PE; GATH; WS
Grade: Primary source read
Days in this quarter: 19 (in force on the last day)

Effective Friday, 12:00 a.m., June 12, 2020, the Northern Virginia Region and the City of Richmond shall enter into Phase Two.

Enforcement: As in EO 65

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Executive Order 65 and Order of Public Health Emergency Six (June 9, 2020) (Ex. VA-047) Open the exhibit

Ex. VA-002

Order of the Governor and State Health Commissioner, Declaration of Public Health Emergency, Order of Public Health Emergency One (Mar. 17, 2020), as amended Mar. 20, 2020

Amended Order of the Governor and State Health Commissioner Declaration of Public Health Emergency

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Mar. 16, 2020 to May 14, 2020 (issued Mar. 17, 2020)
Quarters: 2020 Q2
Limitations: Emergency declarationCapacity limitGathering cap
Functions reached: DR dining room; FC fitness facilities; PE theaters; CB customer base
Grade: Primary source read
Days in this quarter: 60

the Governor and State Health Commissioner hereby issue this Order declaring a public health emergency resulting from the spread of COVID-19 virus affecting the health and safety of Virginians, and restrict the number of patrons allowed in restaurants, as defined in § 35.1-1 of the Code of Virginia, fitness centers, and theaters, as defined in § 15.2-2820 of the Code of Virginia, to 10 patrons or less in any such establishment in order to inhibit spread of the virus.

Enforcement: Class 1 misdemeanor under § 32.1-27; immediate operation permit suspension under 12VAC5-421-3770 on observation of 11 or more patrons; injunctive relief in circuit court

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Order of the Governor and State Health Commissioner, Declaration of Public Health Emergency, Order of Public Health Emergency One (Mar. 17, 2020), as amended Mar. 20, 2020 (Ex. VA-002) Open the exhibit

Ex. VA-005

Order of Public Health Emergency Two

Order of the Governor and State Health Commissioner, Order of Public Health Emergency Two (elective procedures)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Mar. 25, 2020 to Apr. 24, 2020
Quarters: 2020 Q2
Limitations: Business closureHealth care orders
Functions reached: SX surgery and elective procedures; PR procedures and elective visits; CH chairside care; PR aerosol-generating procedures; CB patients
Grade: Primary source read
Days in this quarter: 31

the Governor and State Health Commissioner hereby issue this Order prohibiting all inpatient and outpatient surgical hospitals licensed under 12 VAC 5-410, free-standing endoscopy centers, physicians' offices, and dental, orthodontic, and endodontic offices in the Commonwealth from providing procedures and surgeries that require PPE, which if delayed, are not anticipated to cause harm to the patient by negatively affecting the patient's health outcomes, or leading to disability or death. This does not include outpatient visits delivered in hospital-based clinics.

Enforcement: Any willful violation or refusal, failure, or neglect to comply is punishable as a Class 1 misdemeanor pursuant to § 32.1-27; injunctive relief in circuit court

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Order of Public Health Emergency Two (Mar. 25, 2020) (Ex. VA-005) Open the exhibit

Ex. VA-008

Amended Order of Public Health Emergency Two

Amended Order of the Governor and State Health Commissioner, Order of Public Health Emergency Two

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Apr. 23, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Business closureHealth care orders
Functions reached: SX; PR; CH; CB
Grade: Primary source read
Days in this quarter: 8

this Order shall remain in full force and effect until 11:59 p.m., April 30, 2020

Enforcement: Class 1 misdemeanor under § 32.1-27; injunctive relief

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Order of Public Health Emergency Two (Apr. 23, 2020) (Ex. VA-008) Open the exhibit

Ex. VA-001

Executive Order 51 (2020)

Declaration of a State of Emergency Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam, Virginia (State)

Dates: In force from Mar. 12, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Emergency declaration
Functions reached: predicate for all State orders
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

I declare that a state of emergency exists in the Commonwealth of Virginia to continue to prepare and coordinate our response to the potential spread of COVID-19, a communicable disease of public health threat.... C. Authorization for the heads of executive branch agencies... to waive any state requirement or regulation... D. Activation of § 59.1-525 et seq. of the Code related to price gouging. E. Activation of the Virginia National Guard to State Active Duty.

Enforcement: Predicate for orders under § 44-146.17; violations of derivative orders are Class 1 misdemeanors under § 44-146.17

Citation: Governor Ralph S. Northam, Executive Order 51 (2020) (Mar. 12, 2020) (Ex. VA-001) Open the exhibit

Ex. VA-018

Amended Executive Order 51 (2020)

Extending Declaration of a State of Emergency Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam, Virginia (State)

Dates: In force from Mar. 12, 2020 to June 30, 2021 (issued May 26, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

I proclaim that a state of emergency continues to exist.... This Order shall be effective as of March 12, 2020, and shall remain in full force and effect until amended or rescinded by further executive order.

Enforcement: Predicate for orders under § 44-146.17

Citation: Governor Ralph S. Northam, Amended Executive Order 51 (2020) (May 26, 2020) (Ex. VA-018) Open the exhibit

Ex. VA-039

Order Declaring a Judicial Emergency in Response to COVID-19 Emergency

Supreme Court of Virginia, Virginia (Court)

Dates: In force from Mar. 16, 2020 to Oct. 13, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT courts and clerks; CL closings and title; SV collections and foreclosure; PJ projects dependent on court process
Grade: Primary source read
Days in this quarter: 107 (in force on the last day)

this Order declaring a judicial emergency is hereby issued for all district and circuit courts of the Commonwealth... and it is hereby ORDERED that NON-ESSENTIAL, NON-EMERGENCY court proceedings in all circuit and district courts be and hereby are SUSPENDED and all deadlines are hereby tolled and extended, pursuant to Va. Code § 17.1-330(D), for a period of twenty-one days... 1. Continue all civil, traffic and criminal matters, including jury trials... 6. Suspend new juror orientations.

Enforcement: Order of the Supreme Court binding on all courts

Citation: Supreme Court of Virginia, Order Declaring a Judicial Emergency in Response to COVID-19 Emergency (Mar. 16, 2020) (Ex. VA-039) Open the exhibit

Ex. VA-020

Executive Directive Eight (2020)

Directing the Superintendent of the Virginia Department of State Police to Take Certain Administrative Action Due to the Novel Coronavirus (COVID-19)

Governor Ralph S. Northam, Virginia (State)

Dates: In force from Mar. 19, 2020 to July 31, 2020
Quarters: 2020 Q22020 Q3
Limitations: Courts and public officesOther
Functions reached: SV service and repair (inspection demand); DM motor-vehicle compliance
Grade: Primary source read
Days in this quarter: 104 (in force on the last day)

I direct the Virginia Department of State Police (VSP) to undertake the following measure: Suspend the enforcement of Motor Vehicle Safety Inspections (MVSI) required under § 46.2-1157 of the Code of Virginia.

Enforcement: Administrative direction to VSP

Citation: Governor Ralph S. Northam, Executive Directive Eight (2020) (Mar. 19, 2020) (Ex. VA-020) Open the exhibit

Ex. VA-003

Executive Order 52 (2020)

Increases in Hospital Bed Capacity in Response to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam, Virginia (State)

Dates: In force from Mar. 20, 2020 to July 10, 2020
Quarters: 2020 Q22020 Q3
Limitations: Health care orders
Functions reached: IP inpatient units and surge capacity; RS residential care
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

I direct the State Health Commissioner, at his discretion, to authorize any general hospital or nursing home to increase licensed bed capacity as determined necessary by the Commissioner to respond to increased demand for beds resulting from COVID-19.

Enforcement: Licensing authority of the Commissioner

Citation: Governor Ralph S. Northam, Executive Order 52 (2020) (Mar. 20, 2020) (Ex. VA-003) Open the exhibit

Ex. VA-021

Executive Directive Ten (2020)

Authorizing the Chief Executive Officer of the Virginia Alcoholic Beverage Control Authority to Take Certain Administrative Action Due to the Novel Coronavirus (COVID-19)

Governor Ralph S. Northam (directing the Virginia Alcoholic Beverage Control Authority), Virginia (Sector regulator)

Dates: In force from Apr. 9, 2020 to June 30, 2021 (issued Apr. 8, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Alcohol and barsOther
Functions reached: BA bar and alcohol service; TO takeout
Grade: Primary source read
Days in this quarter: 83 (in force on the last day)

1. Defer for 90 days the collection of any renewal fees for any license or permit issued by ABC... 2. Allow the sale and service of cocktails off-premises by establishments licensed to sell mixed beverages pursuant to §§ 4.1-210(A)(1) or 4.1-210(A)(12) of the Code of Virginia. 3. Allow the sale and service of cocktails off-premises by distilleries... 4.... the privilege of any licensee to sell and serve cocktails off premises shall expire at 11:59 p.m. on the date on which Executive Order 51 expires or is rescinded.

Enforcement: ABC licensing terms and conditions

Citation: Governor Ralph S. Northam (directing the Virginia Alcoholic Beverage Control Authority), Executive Directive Ten (2020) (Apr. 8, 2020) (Ex. VA-021) Open the exhibit

Ex. VA-012

Executive Order 63 and Order of Public Health Emergency Five

Requirement to Wear Face Covering While Inside Buildings

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from May 29, 2020 to Nov. 13, 2020 (issued May 26, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Face-covering requirementWorkplace rules
Functions reached: SF; DR; SL; PE; CB; WF (transit); EMP workplace rules via DOLI mandate
Grade: Primary source read
Days in this quarter: 33 (in force on the last day)

A. Face Coverings Required-Patrons. All patrons in the Commonwealth aged ten and over shall when entering, exiting, traveling through, and spending time inside the settings listed below cover their mouth and nose with a face covering, as described and recommended by the CDC... 6. Any other indoor place shared by groups of people who are in close proximity to each other.... E. Department of Labor and Industry... The Commissioner of the Virginia Department of Labor and Industry shall promulgate emergency regulations and standards to control, prevent, and mitigate the spread of COVID-19 in the workplace. The regulations and standards... shall apply to every employer, employee, and place of employment within the jurisdiction of the Virginia Occupational Safety and Health program.

Enforcement: VDH enforces; any willful violation is a Class 1 misdemeanor under § 32.1-27; injunctive relief in circuit court; no criminal penalty for minors

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 63 and Order of Public Health Emergency Five (May 26, 2020) (Ex. VA-012) Open the exhibit

Agencies, boards and authorities: Virginia

Ex. AGY-ST-TRADE-BOARDS-025

Resources for Licensees during COVID-19 Outbreak (Board for Barbers and Cosmetology page, Mar. 23, 2020)

Board for Barbers and Cosmetology - Resources for Licensees during COVID-19 Outbreak

Board for Barbers and Cosmetology, DPOR, Virginia; Board for Barbers and Cosmetology (DPOR) (Sector regulator)

Dates: In force from Mar. 17, 2020 to Mar. 24, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Capacity limitGathering capWorkplace rules
Functions reached: SL personal services under the ten-person rule and sanitation duty; CB clients
Grade: Primary source read
Days in this quarter: 8

Professions under the Board for Barbers and Cosmetology, as personal service providers, should maintain the highest possible standards for sa[nitation]... Virginians are strongly urged to avoid non-essential gatherings of more than 10 people, per federal guidelines. Per a public health em[ergency order] issued by Governor Northam and the State Health Commissioner, restaurants, fitness [centers, and theaters] are mandated to significantly reduce their capacity to 10 patrons, or close.... Please note that all licensees are required to take sufficient measures to prevent transmission of communicable or infectious diseases

Enforcement: 18 VAC 41-20-270 (sanitation standards; discipline under Va. Code § 54.1-201)

Citation: Board for Barbers and Cosmetology, DPOR, Resources for Licensees during COVID-19 Outbreak (Board for Barbers and Cosmetology page, Mar. 23, 2020) (Ex. AGY-ST-TRADE-BOARDS-025) Open the exhibit

Ex. AGY-ST-ALCOHOL-076

Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020)

COVID-19 Licensee and Regulation Items: easing regulations, extending off-premise privileges, curbside pickup and home delivery, take-out cocktails, outside dining approvals, renewal deadlines

Virginia Alcoholic Beverage Control Authority, Virginia (State alcoholic-beverage regulator) (Sector regulator)

Dates: In force from Mar. 20, 2020 to June 30, 2021 (issued May 18, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCapacity limitAlcohol and barsOther
Functions reached: BA; DR; TO; SC (wholesale deliveries); OP renewals; CB
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

Beginning March 20, through regulatory guidance enabled by Executive Order 51, businesses with strictly on-premise privileges (restaurants and other eat-in establishments) were allowed to exercise off-premise privileges under a general permit.... Beginning April 8, Governor Northam announced a major shift in policy to temporarily allow restaurants with mixed beverage licenses and distilleries with approved tasting rooms the ability to provide delivery services and take-out mixed drinks.... the Governor issued Executive Orders 61 and 62 permitting a phased reopening of these businesses across the state beginning May 15. Because the directive limits occupancy to 50% in their outdoor dining areas, ABC created an accelerated process for receiving and approving requests for these new or expanded outside areas.

Enforcement: Va. Code § 4.1-225 (suspension and revocation)

Citation: Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076) Open the exhibit

Ex. AGY-ST-TRADE-BOARDS-021

DPOR 'Novel Coronavirus (COVID-19) Information and Resources' page (Governor Northam orders statewide closure of certain non-essential businesses; DPOR-regulated businesses that must close; offices closed; waivers; examination services updates), as archived Apr. 4, 2020

Novel Coronavirus (COVID-19) Information and Resources

Virginia DPOR, Virginia; Department of Professional and Occupational Regulation (DPOR) and its eighteen regulatory boards (Sector regulator)

Dates: In force from Mar. 24, 2020 to July 30, 2021
Quarters: 2020 Q2
Limitations: Business closureTelework mandateCourts and public officesOther
Functions reached: SL salon, barber, nail, waxing, esthetics, tattoo and piercing services closed; OF professional offices (contractors, real estate, engineers) under telework mandate; HR PSI licensing exams and fingerprinting suspended; OP agency counters closed
Grade: Primary source read
Days in this quarter: 99 (in force on the last day)

DPOR-regulated businesses that must close until April 23, 2020, include: Barbershops; Cosmetology, nail, and waxing salons; Esthetics spas; Tattoo parlors and permanent cosmetic tattooing salons; and Body-piercing salons. Professional businesses not listed in EO 53 must utilize telework as much as possible. Where telework is not feasible, such businesses must adhere to social distancing recommendations, enhanced sanitizing procedures, and apply relevant workplace guidance from state and federal authorities.... DPOR Offices at the Perimeter Center are closed to the public... PSI Services test sites (including fingerprinting services) closed until April 13, 2020.

Enforcement: EO 53 and 55 (Class 1 misdemeanor, Va. Code § 44-146.17); DPOR discipline, Va. Code § 54.1-201

Citation: Virginia DPOR, DPOR 'Novel Coronavirus (COVID-19) Information and Resources' page (Governor Northam orders statewide closure of certain non-essential businesses; DPOR-regulated businesses that must close; offices closed; waivers; examination services updates), as archived Apr. 4, 2020 (Mar. 24, 2020) (Ex. AGY-ST-TRADE-BOARDS-021) Open the exhibit

Ex. AGY-ST-TRADE-BOARDS-064

Important Notice Concerning Coronavirus (COVID-19) - PSI Examination Services in Virginia (rescheduling; symptomatic candidates denied admission; capacity monitored; face masks not allowed at PSI-owned centers; closed centers tracked)

IMPORTANT NOTICE | PSI - Examination Services in Virginia

PSI Services LLC, posted by DPOR, Virginia; DPOR (posting its examination vendor's notice) (Sector regulator)

Dates: In force from Apr. 4, 2020 to Apr. 13, 2020
Quarters: 2020 Q2
Limitations: Business closureOther
Functions reached: HR licensing exams in every DPOR trade unavailable Mar.-Apr. 2020
Grade: Primary source read
Days in this quarter: 10

If you arrive at a testing center and are exhibiting flu-like symptoms, you will be denied admission to the test center and may be required to reschedule. We are monitoring Test Center Capacity so that we can increase availability once COVID19 has been contained.... Closed test centers in affected areas will continue to be tracked and updated on our website

Enforcement: Vendor notice; DPOR page states the sites 'closed until April 13, 2020'

Citation: PSI Services LLC, posted by DPOR, Important Notice Concerning Coronavirus (COVID-19) - PSI Examination Services in Virginia (rescheduling; symptomatic candidates denied admission; capacity monitored; face masks not allowed at PSI-owned centers; closed centers tracked) (Apr. 4, 2020) (Ex. AGY-ST-TRADE-BOARDS-064) Open the exhibit

Ex. AGY-ST-DMV-SOS-RECORDERS-048

Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners)

Virginia Code sec. 47.1-2, Definitions (electronic notarial act; electronic notarization)

General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Virginia (General Assembly) - permanent statute, context (State)

Dates: In force from July 1, 2012 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: CL closings (context: Virginia's remote notarization pre-dated the pandemic); OF; FI
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

'Electronic notarial act' or 'electronic notarization' means an official act by a notary under sec. 47.1-12 or as otherwise authorized by law that involves electronic documents.

Enforcement: Statute; Secretary of the Commonwealth registration

Citation: General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048) Open the exhibit

Ex. AGY-ST-ALCOHOL-077

VA ABC Bureau of Law Enforcement COVID-19 Response, Licensee Topics (version 15, September 29, 2020)

Bureau of Law Enforcement responses on procedural and regulatory matters for licensed businesses affected by COVID-19 (Topics 1 onward, dated from March 13, 2020)

Virginia Alcoholic Beverage Control Authority, Bureau of Law Enforcement (Travis G. Hill, Chief Executive Officer), Virginia (State alcoholic-beverage regulator) (Sector regulator)

Dates: In force from Mar. 13, 2020 to June 30, 2021 (issued Sept. 29, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Alcohol and barsWorkplace rulesSupply chainOther
Functions reached: SC (returns of product by wholesalers from retailers, Topic 1); BA; OP
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Pursuant to Executive Order Fifty One (51) and Executive Order Fifty Three (53), Declaration of a State of Emergency due to Novel Coronavirus (COVID-19), and acting under the Authority, this document will contain the responses of the VA ABC Bureau of Law Enforcement regarding procedural and regulatory matters for Virginia ABC licensed businesses affected by the Novel Coronavirus (COVID-19) outbreak. The information and decisions contained herein will remain in effect so long as Executive Order 51 and Executive Order 53 remains applicable

Enforcement: Bureau of Law Enforcement; Va. Code § 4.1-225

Citation: Virginia Alcoholic Beverage Control Authority, Bureau of Law Enforcement (Travis G. Hill, Chief Executive Officer), VA ABC Bureau of Law Enforcement COVID-19 Response, Licensee Topics (version 15, September 29, 2020) (Sept. 29, 2020) (Ex. AGY-ST-ALCOHOL-077) Open the exhibit

Ex. AGY-ST-TRADE-BOARDS-024

Temporary Waiver of Regulations that Prohibit or Limit Online, Electronic, or Distance Theoretical Instruction (effective Mar. 13, 2020; amended May 27, 2020)

Temporary Waiver of Regulations that Prohibit or Limit Online, Electronic, or Distance Theoretical Instruction

DPOR Director Mary Broz-Vaughan, Virginia; DPOR (all regulatory boards, including the Board for Barbers and Cosmetology) (Sector regulator)

Dates: In force from Mar. 13, 2020 to July 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Schools and child careOther
Functions reached: IN classroom instruction at trade schools moved online; hands-on hours still required in closed facilities; HR apprenticeship and licensure timing
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

I hereby waive any regulations of regulatory boards under the Department of Professional and Occupational Regulation that prohibit or limit online, electronic, or distance theoretical instruction--in order to prevent and mitigate the spread of the coronavirus (COVID-19)--until the 30th day after the date by which the state of emergency is lifted. This waiver does not waive statutory requirements or limitations, nor does it waive practical (hands-on) instruction required by a board's regulations.

Enforcement: Director's waiver under EO 51

Citation: DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations that Prohibit or Limit Online, Electronic, or Distance Theoretical Instruction (effective Mar. 13, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-024) Open the exhibit

Ex. AGY-USCG-PORTS-071

Newsroom notice, The Port of Virginia Planning Efforts for Addressing COVID 19 (Mar. 13, 2020; document dated Mar. 19, 2020)

The Port of Virginia Planning Efforts for Addressing COVID 19

The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC), Virginia Port Authority (political subdivision of the Commonwealth of Virginia) and Virginia International Terminals, LLC (its operating affiliate) (State)

Dates: In force from Mar. 13, 2020 to Apr. 20, 2020
Quarters: 2020 Q2
Limitations: Workplace rulesOther
Functions reached: OP port customer communications; PT terminal operations planning
Grade: Primary source read
Days in this quarter: 39 (in force on the first day)

The Port of Virginia Planning Efforts for Addressing COVID 19 March 13, 2020 POV Planning Efforts for Addressing COVID 19 - 03192020 [link to the planning document at Ex. 092].

Enforcement: Administrative; terminal access conditions under the Schedule of Rates and MTSA facility security plan

Citation: The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC), Newsroom notice, The Port of Virginia Planning Efforts for Addressing COVID 19 (Mar. 13, 2020; document dated Mar. 19, 2020) (Ex. AGY-USCG-PORTS-071) Open the exhibit

Ex. AGY-ST-TRADE-BOARDS-022

Temporary Waiver of Regulations to Extend Validity of Expired Licenses, Certifications, Registrations and Other Authorizations (effective Mar. 18, 2020; amended Mar. 24, 2021)

Temporary Waiver of Regulations to Extend Validity of Expired Licenses, Certifications, Registrations and Other Authorizations

DPOR Director Mary Broz-Vaughan, Virginia; DPOR (all regulatory boards under the Department) (Sector regulator)

Dates: In force from Mar. 18, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: HR credential validity for every regulated trade during the emergency; OP renewal administration
Grade: Primary source read
Days in this quarter: 105 (in force on the last day)

Pursuant to the authority granted to the agency head by Amended Executive Order 51 (2020), I hereby extend the validity of licenses, certifications, registrations, and other authorizations issued by regulatory boards under the Department of Professional and Occupational Regulation that would otherwise (i) expire during the state of emergency and (ii) be eligible for renewal, extension, or reinstatement during the state of emergency under applicable regulations, until the 30th day after the date by which the state of emergency is lifted.... This waiver shall take effect on March 18, 2020, and shall remain in full force and in effect until amended or rescinded by further executive order.

Enforcement: Director's waiver under EO 51; licensure status

Citation: DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Validity of Expired Licenses, Certifications, Registrations and Other Authorizations (effective Mar. 18, 2020; amended Mar. 24, 2021) (Ex. AGY-ST-TRADE-BOARDS-022) Open the exhibit

Ex. AGY-ST-TRADE-BOARDS-023

Temporary Waiver of Regulations to Extend Examination Eligibility Deadlines (effective Mar. 19, 2020; amended May 27, 2020)

Temporary Waiver of Regulations to Extend Examination Eligibility Deadlines

DPOR Director Mary Broz-Vaughan, Virginia; DPOR (all regulatory boards) (Sector regulator)

Dates: In force from Mar. 19, 2020 to July 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: HR licensing pipeline: exam eligibility preserved while PSI test sites were closed; OP
Grade: Primary source read
Days in this quarter: 104 (in force on the last day)

I hereby extend examination eligibility deadlines established by regulations of boards under the Department of Professional and Occupational Regulation that would otherwise expire during the state of emergency, until the 30th day after the date by which the state of emergency is lifted.

Enforcement: Director's waiver under EO 51

Citation: DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Examination Eligibility Deadlines (effective Mar. 19, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-023) Open the exhibit

Ex. AGY-USCG-PORTS-092

The Port of Virginia Planning Efforts for Addressing the COVID 19 (document dated Mar. 19, 2020)

The Port of Virginia Planning Efforts for Addressing the COVID 19

The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC), Virginia Port Authority and Virginia International Terminals, LLC; all Port of Virginia terminals (State)

Dates: In force from Mar. 19, 2020 to Apr. 20, 2020
Quarters: 2020 Q2
Limitations: Travel and quarantineWorkplace rulesOther
Functions reached: PT terminal access (non-essential visits restricted 'until further notice'); MK port tours and customer visits; OP COOP activation; DR/SC vessel and terminal operations under USCG Sector Virginia restrictions
Grade: Primary source read
Days in this quarter: 33

The Port of Virginia has implemented a cross-divisional planning and response team to meet the demands of the COVID-19 event. The Port of Virginia is utilizing the POV Continuity of Operations Plan (COOP), which provides the framework for managing all hazardous events, including pandemics.... Vessel and terminal operations are operating at normal capacity Essential ship line personnel, including port captains and vessel agents, are not restricted at this time Port tours and other non-essential visits are restricted until further notice Terminal security and access is being conducted per standard procedures... Terminal operations is monitoring any changes or restrictions implemented by the USCG Sector Virginia... The POV Marine Incident Response and EO Teams are interfacing with local, state and federal partners to ensure any restrictions/responses are managed, limiting commercial impacts…

Enforcement: Terminal access rules under the Schedule of Rates and MTSA facility security plan

Citation: The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC), The Port of Virginia Planning Efforts for Addressing the COVID 19 (document dated Mar. 19, 2020) (Ex. AGY-USCG-PORTS-092) Open the exhibit

Ex. AGY-USCG-PORTS-078

Operations Alert, COVID-19 Protocols - Social Distancing at The Port of Virginia (Apr. 8, 2020)

COVID-19 Protocols - Social Distancing at The Port of Virginia

The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC), Operations, Virginia Port Authority and Virginia International Terminals, LLC; all Port of Virginia terminals and facilities (State)

Dates: In force from Apr. 8, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Workplace rulesOther
Functions reached: DR truck drivers' conduct of every terminal transaction; PT/WH gate and interchange operations; CB importers and exporters whose containers move through the gates; EMP terminal operating rules
Grade: Primary source read
Days in this quarter: 84 (in force on the last day)

Guidelines for truck transactions at all Port of Virginia terminals and facilities - Failure to comply with the following guidelines will result in removal from the terminal, or facility: Drivers are reminded to maintain six feet of distance between themselves and all port personnel This rule applies regardless of whether port personnel are in a booth, pickup truck, Kubota, etc. Drivers are reminded that approaching, or attempting to open, interchange booth doors, or touching sliding glass windows, is prohibited... The Maritime Transportation Security Act (MTSA) requirement for randomly inspecting inbound trucks (and personal vehicles) remains in force This MTSA requirement is a federal mandate... On terminal, drivers are reminded to utilize speaker phones, and/or posted phone numbers, to communicate with the port operations team.

Enforcement: Removal from the terminal or facility (terminal rules under the Schedule of Rates); MTSA inspection requirement (33 C.F.R. 105)

Citation: The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC), Operations, Operations Alert, COVID-19 Protocols - Social Distancing at The Port of Virginia (Apr. 8, 2020) (Ex. AGY-USCG-PORTS-078) Open the exhibit

Ex. AGY-USCG-PORTS-080

COVID-19 Mitigation Efforts notice, Port of Virginia Planning and Action: Addressing COVID-19 (Apr. 20, 2020)

Port of Virginia Planning and Action: Addressing COVID-19

The Port of Virginia, Virginia Port Authority and Virginia International Terminals, LLC (State)

Dates: In force from Apr. 20, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Workplace rulesOther
Functions reached: OP customer communications; PT terminal operations under the Governor's stay-at-home order
Grade: Confirmed from a secondary source
Days in this quarter: 72 (in force on the last day)

Port of Virginia Planning and Action: Addressing COVID-19 April 20, 2020 [link to POV-Planning-Efforts-for-Addressing-COVID-19-042020.pdf]... Newsroom: Governor Northam's 'Stay at Home Order' for Virginia - Port Remains Fully Operational March 30, 2020.

Enforcement: Administrative

Citation: The Port of Virginia, COVID-19 Mitigation Efforts notice, Port of Virginia Planning and Action: Addressing COVID-19 (Apr. 20, 2020) (Ex. AGY-USCG-PORTS-080) Open the exhibit

Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044

OmniRide notice, May 27, 2020: from May 29, 2020 all passengers required to wear face coverings on OmniRide buses in compliance with the Governor's order on face coverings on all public transit

Face Covering Required on OmniRide Buses

Potomac and Rappahannock Transportation Commission (PRTC), OmniRide, Virginia (PRTC service area) (Sector regulator)

Dates: In force from May 29, 2020 to Sept. 30, 2021 (issued May 27, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirement
Functions reached: WF commuting workforce (mask condition on Northern Virginia commuter buses); CB customer access
Character: binding
Grade: Primary source read
Days in this quarter: 33 (in force on the last day)

As of Friday, May 29, ALL passengers are required to wear face coverings while riding OmniRide buses. This requirement is in compliance with the Governor's orders on wearing face coverings on all public transit. The face coverings DO NOT have to be medical grade masks, but should cover both nose and mouth.

Enforcement: EO 63 / Order of Public Health Emergency Five: Class 1 misdemeanor (Va. Code § 32.1-27), as recited in the Virginia State file; carrier condition of carriage

Citation: Potomac and Rappahannock Transportation Commission (PRTC), OmniRide, OmniRide notice, May 27, 2020: from May 29, 2020 all passengers required to wear face coverings on OmniRide buses in compliance with the Governor's order on face coverings on all public transit (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044) 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 Virginia

Ex. VA-014

Executive Order 67 and Order of Public Health Emergency Seven

Phase Three Easing of Certain Temporary Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from July 1, 2020 to Dec. 13, 2020 (issued June 30, 2020)
Quarters: 2020 Q32020 Q4
Limitations: Business closureCapacity limitGathering capAlcohol and barsEvents and venuesWorkplace rules
Functions reached: GATH; PE; SP; DR; BA; FC; SL; SF; IN higher education; MC meetings and conventions
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

The total number of attendees (including both participants and spectators) cannot exceed the lesser of 50% of the lowest occupancy load on the certificate of occupancy, if applicable, or 1000 persons.... All public and private in-person gatherings of more than 250 individuals are prohibited.... Institutions of higher education shall comply with all applicable requirements under the Phased Guidance of Virginia Forward and the 'Guidelines for All Business Sectors.'... Overnight services of summer camps... must remain closed.

Enforcement: VDH and ABC enforce business restrictions (Class 1 misdemeanor under § 32.1-27; injunctive relief); gathering violations Class 1 misdemeanor under § 44-146.17, enforceable by any law-enforcement officer

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 67 and Order of Public Health Emergency Seven (June 30, 2020) (Ex. VA-014) Open the exhibit

Ex. VA-015

Executive Order 68 and Order of Public Health Emergency Eight

Additional Restrictions on the Eastern Region Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (Eastern Region: Virginia Beach, Chesapeake, Norfolk, Suffolk, Portsmouth, Hampton, Williamsburg, Newport News, Poquoson, James City County, York County) (State)

Dates: In force from July 31, 2020 to Sept. 10, 2020 (issued July 28, 2020)
Quarters: 2020 Q3
Limitations: Capacity limitGathering capCurfew and hoursAlcohol and barsEvents and venues
Functions reached: BA; DR; GATH; BQ banquets; WS
Grade: Primary source read
Days in this quarter: 42

a. No alcoholic beverage shall be sold, consumed, or possessed on premises after 10 p.m. in any restaurant, dining establishment, food court, brewery, microbrewery, distillery, winery, or tasting room.... b. All restaurants... must close no later than 12 a.m. c. Indoor dining... may not exceed 50% of the lowest occupancy load on the certificate of occupancy. d. All parties, whether seated together or across multiple tables, must be limited to 50 patrons or less.... 2. All public and private in-person gatherings of more than 50 individuals are prohibited.

Enforcement: ABC and VDH enforce ¶ 1 (Class 1 misdemeanor under § 32.1-27; injunctive relief); ¶ 2 violations Class 1 misdemeanor under § 44-146.17

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 68 and Order of Public Health Emergency Eight (July 28, 2020) (Ex. VA-015) Open the exhibit

Ex. VA-046

Amended Executive Order 68 and Order of Public Health Emergency Eight

Additional Restrictions on the Eastern Region Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (Eastern Region) (State)

Dates: In force from July 31, 2020 to Sept. 10, 2020 (issued Aug. 3, 2020)
Quarters: 2020 Q3
Limitations: Capacity limitGathering capCurfew and hoursAlcohol and barsEvents and venues
Functions reached: BA; DR; GATH; BQ; WS
Grade: Primary source read
Days in this quarter: 42

a. No alcoholic beverage shall be sold, consumed, or possessed on premises after 10:00 p.m.... b. Closure of all dining and congregation areas... between the hours of 12:00 a.m. and 5 a.m.... c. Indoor dining... may not exceed 50% of the lowest occupancy load... d. All parties, whether seated together or across multiple tables, must be limited to 50 patrons or less.... 2. All public and private in-person gatherings of more than 50 individuals are prohibited.

Enforcement: ABC and VDH (Class 1 misdemeanor under § 32.1-27); ¶ 2 Class 1 misdemeanor under § 44-146.17

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Executive Order 68 and Order of Public Health Emergency Eight (Aug. 3, 2020) (Ex. VA-046) Open the exhibit

Ex. VA-024

Second Amended Executive Order 67 and Order of Public Health Emergency Seven

Phase Three Further Easing of Certain Temporary Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Sept. 3, 2020 to Sept. 10, 2020
Quarters: 2020 Q3
Limitations: Capacity limitGathering capEvents and venuesWorkplace rules
Functions reached: GATH; PE; DR; SF; FC; SL
Grade: Primary source read
Days in this quarter: 8

All public and private in-person gatherings of more than 250 individuals are prohibited. The presence of more than 250 individuals performing functions of their employment is not a 'gathering.'

Enforcement: As in EO 67

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Second Amended Executive Order 67 and Order of Public Health Emergency Seven (Sept. 3, 2020) (Ex. VA-024) Open the exhibit

Ex. VA-025

Third Amended Executive Order 67 and Order of Public Health Emergency Seven

Phase Three Further Easing of Certain Temporary Restrictions; Lifting Additional Restrictions on the Eastern Region

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Sept. 10, 2020 to Oct. 29, 2020
Quarters: 2020 Q32020 Q4
Limitations: Capacity limitGathering capEvents and venuesWorkplace rules
Functions reached: GATH; BA; DR; PE
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

Accordingly, the additional restrictions placed on the Eastern Region by Executive Order 68... [are lifted]... All public and private in-person gatherings of more than 250 individuals are prohibited.

Enforcement: As in EO 67

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Third Amended Executive Order 67 and Order of Public Health Emergency Seven (Sept. 10, 2020) (Ex. VA-025) Open the exhibit

Ex. VA-036

16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19

Emergency Temporary Standard - Infectious Disease Prevention, SARS-CoV-2 Virus That Causes COVID-19

Virginia Safety and Health Codes Board, Department of Labor and Industry, Virginia (Sector regulator)

Dates: In force from July 27, 2020 to Jan. 27, 2021 (issued July 15, 2020)
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: HR; OP; WF; PF production floor; JS job sites; SF; DR; all workplace functions
Grade: Primary source read
Days in this quarter: 66 (in force on the last day)

This standard is adopted in accordance with subdivision 6 a of § 40.1-22 of the Code of Virginia and shall apply to every employer, employee, and place of employment within the jurisdiction of the VOSH program... This emergency temporary standard shall take immediate effect July 27, 2020, upon publication in a newspaper of general circulation, published in the City of Richmond, Virginia. This emergency temporary standard shall expire (i) within six months of its effective date, upon expiration of the Governor's State of Emergency, or when superseded by a permanent standard, whichever occurs first.

Enforcement: VOSH citations and civil penalties under Va. Code § 40.1-49.4; anti-discrimination protections

Citation: Virginia Safety and Health Codes Board, Department of Labor and Industry, 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 15, 2020) (Ex. VA-036) Open the exhibit

Ex. VA-040

Amendment to the Eighth Order Extending Declaration of Judicial Emergency (suspension of writs of eviction)

Amendment to Eighth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency

Supreme Court of Virginia, Virginia (Court)

Dates: In force from Aug. 10, 2020 to Sept. 7, 2020 (issued Aug. 7, 2020)
Quarters: 2020 Q3
Limitations: Courts and public officesOther
Functions reached: PM property management (eviction moratoria); SV servicing and collections; CT courts
Grade: Primary source read
Days in this quarter: 29

Effective August 10, 2020, and through September 7, 2020, pursuant to Va. Code § 17.1-330, the issuance of writs of eviction pursuant to unlawful detainer actions is suspended and continued. However, this suspension and continuation shall not apply to writs of eviction in unlawful detainer actions that are unrelated to the failure to pay rent.

Enforcement: Order of the Supreme Court binding on all courts

Citation: Supreme Court of Virginia, Amendment to the Eighth Order Extending Declaration of Judicial Emergency (suspension of writs of eviction) (Aug. 7, 2020) (Ex. VA-040) Open the exhibit

Ex. VA-035

Executive Order 70 (2020)

Addressing the Impact of the Novel Coronavirus (COVID-19) on the Commonwealth's Psychiatric Hospital System

Governor Ralph S. Northam, Virginia (State)

Dates: In force from Aug. 17, 2020 to June 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Health care orders
Functions reached: IP inpatient admissions; ED intake; CB patients
Grade: Primary source read
Days in this quarter: 45 (in force on the last day)

This Executive Order shall be effective until the expiration of Amended Executive Order 51 (2020).

Enforcement: Executive direction to state facilities

Citation: Governor Ralph S. Northam, Executive Order 70 (2020) (Aug. 17, 2020) (Ex. VA-035) Open the exhibit

Continuing in force from an earlier quarter of this report (7 instruments):

Exhibit	Citation	Dates	Limitations
Ex. VA-001	Governor Ralph S. Northam, Executive Order 51 (2020) (Mar. 12, 2020) (Ex. VA-001)	In force from Mar. 12, 2020 to June 30, 2021	Emergency declaration
Ex. VA-018	Governor Ralph S. Northam, Amended Executive Order 51 (2020) (May 26, 2020) (Ex. VA-018)	In force from Mar. 12, 2020 to June 30, 2021 (issued May 26, 2020)	Emergency declaration
Ex. VA-039	Supreme Court of Virginia, Order Declaring a Judicial Emergency in Response to COVID-19 Emergency (Mar. 16, 2020) (Ex. VA-039)	In force from Mar. 16, 2020 to Oct. 13, 2021	Courts and public offices
Ex. VA-020	Governor Ralph S. Northam, Executive Directive Eight (2020) (Mar. 19, 2020) (Ex. VA-020)	In force from Mar. 19, 2020 to July 31, 2020	Courts and public officesOther
Ex. VA-003	Governor Ralph S. Northam, Executive Order 52 (2020) (Mar. 20, 2020) (Ex. VA-003)	In force from Mar. 20, 2020 to July 10, 2020	Health care orders
Ex. VA-021	Governor Ralph S. Northam (directing the Virginia Alcoholic Beverage Control Authority), Executive Directive Ten (2020) (Apr. 8, 2020) (Ex. VA-021)	In force from Apr. 9, 2020 to June 30, 2021 (issued Apr. 8, 2020)	Alcohol and barsOther
Ex. VA-012	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 63 and Order of Public Health Emergency Five (May 26, 2020) (Ex. VA-012)	In force from May 29, 2020 to Nov. 13, 2020 (issued May 26, 2020)	Face-covering requirementWorkplace rules

Agencies, boards and authorities: Virginia

Ex. AGY-ST-LABOR-WORKPLACE-001

Briefing Package: Emergency Temporary Standard / Emergency Regulation, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220 (Board meeting June 24, 2020, continued June 29 and July 15, 2020)

Emergency Temporary Standard/Emergency Regulation, Infectious Disease Prevention, SARS-CoV-2 Virus That Causes COVID-19 (briefing package, June 23, 2020)

Virginia Department of Labor and Industry for the Safety and Health Codes Board, Virginia; Safety and Health Codes Board, Department of Labor and Industry (State-plan OSHA agency, statewide) (Sector regulator)

Dates: In force from July 15, 2020 to Jan. 27, 2021 (issued June 23, 2020)
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: EMP employer-directed workplace rules in every industry (exposure assessment, distancing, face coverings, sanitation, notification, return-to-work); WF workforce (exclusion of symptomatic and exposed employees); HR training and written infectious disease preparedness and response plans; OP office and administration
Grade: Primary source read
Days in this quarter: 78 (in force on the last day)

Workplace exposures to SARS-CoV-2 and COVID-19 constitute a grave danger to employees and employers in Virginia necessitating the adoption of an emergency temporary standard pursuant to Va. Code § 40.1-22(6a).

Enforcement: VOSH citations and civil penalties under Va. Code § 40.1-49.4 (recited in the standard; see Ex. VA-036)

Citation: Virginia Department of Labor and Industry for the Safety and Health Codes Board, Briefing Package: Emergency Temporary Standard / Emergency Regulation, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220 (Board meeting June 24, 2020, continued June 29 and July 15, 2020) (June 23, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-001) Open the exhibit

Continuing in force from an earlier quarter of this report (8 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-ALCOHOL-076	Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076)	In force from Mar. 20, 2020 to June 30, 2021 (issued May 18, 2020)	Business closureCapacity limitAlcohol and barsOther
Ex. AGY-ST-DMV-SOS-RECORDERS-048	General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048)	In force from July 1, 2012 to Sept. 30, 2021	Other
Ex. AGY-ST-ALCOHOL-077	Virginia Alcoholic Beverage Control Authority, Bureau of Law Enforcement (Travis G. Hill, Chief Executive Officer), VA ABC Bureau of Law Enforcement COVID-19 Response, Licensee Topics (version 15, September 29, 2020) (Sept. 29, 2020) (Ex. AGY-ST-ALCOHOL-077)	In force from Mar. 13, 2020 to June 30, 2021 (issued Sept. 29, 2020)	Alcohol and barsWorkplace rulesSupply chainOther
Ex. AGY-ST-TRADE-BOARDS-024	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations that Prohibit or Limit Online, Electronic, or Distance Theoretical Instruction (effective Mar. 13, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-024)	In force from Mar. 13, 2020 to July 30, 2021	Schools and child careOther
Ex. AGY-ST-TRADE-BOARDS-022	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Validity of Expired Licenses, Certifications, Registrations and Other Authorizations (effective Mar. 18, 2020; amended Mar. 24, 2021) (Ex. AGY-ST-TRADE-BOARDS-022)	In force from Mar. 18, 2020 to June 30, 2021	Other
Ex. AGY-ST-TRADE-BOARDS-023	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Examination Eligibility Deadlines (effective Mar. 19, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-023)	In force from Mar. 19, 2020 to July 30, 2021	Other
Ex. AGY-USCG-PORTS-078	The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC), Operations, Operations Alert, COVID-19 Protocols - Social Distancing at The Port of Virginia (Apr. 8, 2020) (Ex. AGY-USCG-PORTS-078)	In force from Apr. 8, 2020 to Dec. 31, 2020	Workplace rulesOther
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044	Potomac and Rappahannock Transportation Commission (PRTC), OmniRide, OmniRide notice, May 27, 2020: from May 29, 2020 all passengers required to wear face coverings on OmniRide buses in compliance with the Governor's order on face coverings on all public transit (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044)	In force from May 29, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirement

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 Virginia

Ex. VA-016

Executive Order 72 and Order of Public Health Emergency Nine

Commonsense Surge Restrictions; Certain Temporary Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Dec. 14, 2020 to June 30, 2021 (issued Dec. 10, 2020)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Stay-at-homeBusiness closureCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached: CB customer base under curfew; DR; BA; SF; FC; SL; PE; SP; GATH; WS; MC; IN higher education; WF; EMP
Grade: Primary source read
Days in this quarter: 18 (in force on the last day)

I. MODIFIED STAY AT HOME ORDER. All individuals in Virginia should remain at their place of residence between the hours of 12:00 a.m. and 5:00 a.m.... [Restaurants:] a. No alcoholic beverage shall be sold, consumed, or possessed on premises after 10:00 p.m.... b. Closure of all dining and congregation areas... between the hours of 12:00 a.m. and 5:00 a.m.... h. Bar seats and congregating areas of restaurants must be closed to patrons except for through-traffic.... i. If any such business cannot adhere to these requirements, it must close.... [Entertainment:] a. The total number of spectators cannot exceed the lesser of 30 percent of the lowest occupancy load on the certificate of occupancy, if applicable, or 250 persons. b. All private bookings are limited to 10 people... B. OTHER RESTRICTIONS 1. All public and private in-person gatherings of more than 10 individuals who do not live in…

Enforcement: VDH and ABC enforce business restrictions and § III (Class 1 misdemeanor under § 32.1-27; injunctive relief); DOLI (§ 40.1-51.1), DPOR (18 VAC 41-20-280) and VDACS (§ 3.2-5106) may enforce as to their licensees; gathering violations and § III.A violations Class 1 misdemeanors under § 44-146.17, enforceable by any law-enforcement officer and by ABC

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 72 and Order of Public Health Emergency Nine (Dec. 10, 2020) (Ex. VA-016) Open the exhibit

Ex. VA-032

Fourth Amended Executive Order 67 and Order of Public Health Emergency Seven

Phase Three Further Adjusting of Certain Temporary Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Oct. 29, 2020 to Nov. 5, 2020
Quarters: 2020 Q4
Limitations: Capacity limitGathering capEvents and venuesWorkplace rules
Functions reached: GATH; PE; SP
Grade: Primary source read
Days in this quarter: 8

All public and private in-person gatherings of more than 250 individuals are prohibited.

Enforcement: As in EO 67

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Fourth Amended Executive Order 67 and Order of Public Health Emergency Seven (Oct. 29, 2020) (Ex. VA-032) Open the exhibit

Ex. VA-022

Fifth Amended Executive Order 67 and Order of Public Health Emergency Seven

Phase Three Further Adjusting of Certain Temporary Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Nov. 5, 2020 to Nov. 16, 2020
Quarters: 2020 Q4
Limitations: Capacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Functions reached: GATH; PE; SP; DR; SF; SL; FC
Grade: Primary source read
Days in this quarter: 12

All public and private in-person gatherings of more than 250 individuals are prohibited.... [Entertainment:] the lesser of 50% of the lowest occupancy load on the certificate of occupancy, if applicable, or 1000 persons.

Enforcement: As in EO 67

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Fifth Amended Executive Order 67 and Order of Public Health Emergency Seven (Nov. 5, 2020) (Ex. VA-022) Open the exhibit

Ex. VA-023

Sixth Amended Executive Order 67 and Order of Public Health Emergency Seven

Phase Three Tightening of Certain Temporary Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Nov. 16, 2020 to Dec. 13, 2020 (issued Nov. 13, 2020)
Quarters: 2020 Q4
Limitations: Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached: BA; DR; GATH; BQ; WS; PE
Grade: Primary source read
Days in this quarter: 28

a. No alcoholic beverage shall be sold, consumed, or possessed on premises after 10:00 p.m. in any restaurant, dining establishment, food court, brewery, microbrewery, distillery, winery, or tasting room.... b. Closure of all dining and congregation areas... between the hours of 12:00 a.m. and 5 a.m.... Prohibit gatherings of more than 25 people.... where a mandatory business sector requirement in this Order conflicts with a requirement to wear a face covering in Amended Executive Order 63 and Order of Public Health Emergency Five (2020), the business sector-specific requirement governs.

Enforcement: VDH and ABC (Class 1 misdemeanor under § 32.1-27); gathering violations Class 1 misdemeanor under § 44-146.17

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Sixth Amended Executive Order 67 and Order of Public Health Emergency Seven (Nov. 13, 2020) (Ex. VA-023) Open the exhibit

Continuing in force from an earlier quarter of this report (9 instruments):

Exhibit	Citation	Dates	Limitations
Ex. VA-014	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 67 and Order of Public Health Emergency Seven (June 30, 2020) (Ex. VA-014)	In force from July 1, 2020 to Dec. 13, 2020 (issued June 30, 2020)	Business closureCapacity limitGathering capAlcohol and barsEvents and venuesWorkplace rules
Ex. VA-025	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Third Amended Executive Order 67 and Order of Public Health Emergency Seven (Sept. 10, 2020) (Ex. VA-025)	In force from Sept. 10, 2020 to Oct. 29, 2020	Capacity limitGathering capEvents and venuesWorkplace rules
Ex. VA-001	Governor Ralph S. Northam, Executive Order 51 (2020) (Mar. 12, 2020) (Ex. VA-001)	In force from Mar. 12, 2020 to June 30, 2021	Emergency declaration
Ex. VA-018	Governor Ralph S. Northam, Amended Executive Order 51 (2020) (May 26, 2020) (Ex. VA-018)	In force from Mar. 12, 2020 to June 30, 2021 (issued May 26, 2020)	Emergency declaration
Ex. VA-039	Supreme Court of Virginia, Order Declaring a Judicial Emergency in Response to COVID-19 Emergency (Mar. 16, 2020) (Ex. VA-039)	In force from Mar. 16, 2020 to Oct. 13, 2021	Courts and public offices
Ex. VA-021	Governor Ralph S. Northam (directing the Virginia Alcoholic Beverage Control Authority), Executive Directive Ten (2020) (Apr. 8, 2020) (Ex. VA-021)	In force from Apr. 9, 2020 to June 30, 2021 (issued Apr. 8, 2020)	Alcohol and barsOther
Ex. VA-012	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 63 and Order of Public Health Emergency Five (May 26, 2020) (Ex. VA-012)	In force from May 29, 2020 to Nov. 13, 2020 (issued May 26, 2020)	Face-covering requirementWorkplace rules
Ex. VA-036	Virginia Safety and Health Codes Board, Department of Labor and Industry, 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 15, 2020) (Ex. VA-036)	In force from July 27, 2020 to Jan. 27, 2021 (issued July 15, 2020)	Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. VA-035	Governor Ralph S. Northam, Executive Order 70 (2020) (Aug. 17, 2020) (Ex. VA-035)	In force from Aug. 17, 2020 to June 30, 2021	Health care orders

Agencies, boards and authorities: Virginia

Continuing in force from an earlier quarter of this report (9 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-ALCOHOL-076	Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076)	In force from Mar. 20, 2020 to June 30, 2021 (issued May 18, 2020)	Business closureCapacity limitAlcohol and barsOther
Ex. AGY-ST-DMV-SOS-RECORDERS-048	General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048)	In force from July 1, 2012 to Sept. 30, 2021	Other
Ex. AGY-ST-ALCOHOL-077	Virginia Alcoholic Beverage Control Authority, Bureau of Law Enforcement (Travis G. Hill, Chief Executive Officer), VA ABC Bureau of Law Enforcement COVID-19 Response, Licensee Topics (version 15, September 29, 2020) (Sept. 29, 2020) (Ex. AGY-ST-ALCOHOL-077)	In force from Mar. 13, 2020 to June 30, 2021 (issued Sept. 29, 2020)	Alcohol and barsWorkplace rulesSupply chainOther
Ex. AGY-ST-TRADE-BOARDS-024	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations that Prohibit or Limit Online, Electronic, or Distance Theoretical Instruction (effective Mar. 13, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-024)	In force from Mar. 13, 2020 to July 30, 2021	Schools and child careOther
Ex. AGY-ST-TRADE-BOARDS-022	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Validity of Expired Licenses, Certifications, Registrations and Other Authorizations (effective Mar. 18, 2020; amended Mar. 24, 2021) (Ex. AGY-ST-TRADE-BOARDS-022)	In force from Mar. 18, 2020 to June 30, 2021	Other
Ex. AGY-ST-TRADE-BOARDS-023	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Examination Eligibility Deadlines (effective Mar. 19, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-023)	In force from Mar. 19, 2020 to July 30, 2021	Other
Ex. AGY-USCG-PORTS-078	The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC), Operations, Operations Alert, COVID-19 Protocols - Social Distancing at The Port of Virginia (Apr. 8, 2020) (Ex. AGY-USCG-PORTS-078)	In force from Apr. 8, 2020 to Dec. 31, 2020	Workplace rulesOther
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044	Potomac and Rappahannock Transportation Commission (PRTC), OmniRide, OmniRide notice, May 27, 2020: from May 29, 2020 all passengers required to wear face coverings on OmniRide buses in compliance with the Governor's order on face coverings on all public transit (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044)	In force from May 29, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirement
Ex. AGY-ST-LABOR-WORKPLACE-001	Virginia Department of Labor and Industry for the Safety and Health Codes Board, Briefing Package: Emergency Temporary Standard / Emergency Regulation, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220 (Board meeting June 24, 2020, continued June 29 and July 15, 2020) (June 23, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-001)	In force from July 15, 2020 to Jan. 27, 2021 (issued June 23, 2020)	Face-covering requirementWorkplace rulesQuarantine and isolation

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 Virginia

Ex. VA-026

Amended Executive Order 72 and Order of Public Health Emergency Nine (First Amended)

Commonsense Surge Restrictions; Extension of Certain Temporary Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Jan. 27, 2021 to Feb. 28, 2021
Quarters: 2021 Q1
Limitations: Stay-at-homeCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached: same as EO 72
Grade: Primary source read
Days in this quarter: 33

This Order is in furtherance of Amended Executive Order 51 (2020). Further, this Order shall be effective immediately and shall remain in full force and effect until 11:59 p.m., February 28, 2021.

Enforcement: As in EO 72

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Executive Order 72 and Order of Public Health Emergency Nine (First Amended) (Jan. 27, 2021) (Ex. VA-026) Open the exhibit

Ex. VA-027

Second Amended Executive Order 72 and Order of Public Health Emergency Nine

Commonsense Surge Restrictions; Extension of Certain Temporary Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Feb. 17, 2021 to Feb. 28, 2021
Quarters: 2021 Q1
Limitations: Stay-at-homeCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached: SP sports; GATH; same as EO 72
Grade: Primary source read
Days in this quarter: 12

13. Recreational Sports... a. For sports played indoors, spectators must be limited to 25 persons per field. For sports played outdoors the total number of spectators cannot exceed... the lesser of 30 percent of the occupancy load of the certificate of occupancy for the venue or 250 spectators per field.

Enforcement: As in EO 72

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Second Amended Executive Order 72 and Order of Public Health Emergency Nine (Feb. 17, 2021) (Ex. VA-027) Open the exhibit

Ex. VA-033

Third Amended Executive Order 72 and Order of Public Health Emergency Nine

Easing of Commonsense Surge Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Mar. 1, 2021 to Apr. 1, 2021 (issued Feb. 24, 2021)
Quarters: 2021 Q1
Limitations: Capacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Functions reached: GATH; BA; DR; PE; SP; FC
Grade: Primary source read
Days in this quarter: 31 (in force on the last day)

a. No alcoholic beverage shall be sold, consumed, or possessed on premises between the hours of 12:00 midnight and 5:00 a.m.... b. Closure of all dining and congregation areas... between the hours of 12:00 midnight and 5:00 a.m.... All public and private in-person gatherings of more than 10 individuals indoors and 25 [outdoors]... are prohibited.

Enforcement: As in EO 72

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Third Amended Executive Order 72 and Order of Public Health Emergency Nine (Feb. 24, 2021) (Ex. VA-033) Open the exhibit

Ex. VA-037

16VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (Final)

Final Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19

Virginia Safety and Health Codes Board, Department of Labor and Industry, Virginia (Sector regulator)

Dates: In force from Jan. 27, 2021 to Sept. 8, 2021 (issued Jan. 13, 2021)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: HR; OP; WF; PF; WH; JS; SF; DR; SL; DR drivers (shared vehicles); SB subcontractors; all workplace functions
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

16VAC25-220-40. Mandatory requirements for all employers. A. Employers shall ensure compliance with the requirements in this section to protect employees in all exposure risk levels from workplace exposure to the SARS-CoV-2 virus that causes the COVID-19 disease. B.... 1. Employers shall assess their workplace for hazards and job tasks that can potentially expose employees to the SARS-CoV-2 virus or COVID-19 disease.... [Employers shall not permit employees known or suspected to be infected to report to or remain at work or engage in work at a customer or client location until cleared for return to work]... Subcontractors shall not allow their employees known or suspected to be infected with the SARS-CoV-2 virus to report to or be allowed to remain at work or on a job site until cleared for return to work.... [notify] The employer's own employees who may have been exposed, within 24…

Enforcement: VOSH citations and civil penalties under Va. Code § 40.1-49.4; § 16VAC25-220-90 anti-discrimination; the Secretary of Commerce and Trade may exercise discretion as to PPE-supply failures

Citation: Virginia Safety and Health Codes Board, Department of Labor and Industry, 16VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (Final) (Jan. 13, 2021) (Ex. VA-037) Open the exhibit

Continuing in force from an earlier quarter of this report (7 instruments):

Exhibit	Citation	Dates	Limitations
Ex. VA-016	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 72 and Order of Public Health Emergency Nine (Dec. 10, 2020) (Ex. VA-016)	In force from Dec. 14, 2020 to June 30, 2021 (issued Dec. 10, 2020)	Stay-at-homeBusiness closureCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Ex. VA-001	Governor Ralph S. Northam, Executive Order 51 (2020) (Mar. 12, 2020) (Ex. VA-001)	In force from Mar. 12, 2020 to June 30, 2021	Emergency declaration
Ex. VA-018	Governor Ralph S. Northam, Amended Executive Order 51 (2020) (May 26, 2020) (Ex. VA-018)	In force from Mar. 12, 2020 to June 30, 2021 (issued May 26, 2020)	Emergency declaration
Ex. VA-039	Supreme Court of Virginia, Order Declaring a Judicial Emergency in Response to COVID-19 Emergency (Mar. 16, 2020) (Ex. VA-039)	In force from Mar. 16, 2020 to Oct. 13, 2021	Courts and public offices
Ex. VA-021	Governor Ralph S. Northam (directing the Virginia Alcoholic Beverage Control Authority), Executive Directive Ten (2020) (Apr. 8, 2020) (Ex. VA-021)	In force from Apr. 9, 2020 to June 30, 2021 (issued Apr. 8, 2020)	Alcohol and barsOther
Ex. VA-036	Virginia Safety and Health Codes Board, Department of Labor and Industry, 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 15, 2020) (Ex. VA-036)	In force from July 27, 2020 to Jan. 27, 2021 (issued July 15, 2020)	Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. VA-035	Governor Ralph S. Northam, Executive Order 70 (2020) (Aug. 17, 2020) (Ex. VA-035)	In force from Aug. 17, 2020 to June 30, 2021	Health care orders

Agencies, boards and authorities: Virginia

Continuing in force from an earlier quarter of this report (8 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-ALCOHOL-076	Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076)	In force from Mar. 20, 2020 to June 30, 2021 (issued May 18, 2020)	Business closureCapacity limitAlcohol and barsOther
Ex. AGY-ST-DMV-SOS-RECORDERS-048	General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048)	In force from July 1, 2012 to Sept. 30, 2021	Other
Ex. AGY-ST-ALCOHOL-077	Virginia Alcoholic Beverage Control Authority, Bureau of Law Enforcement (Travis G. Hill, Chief Executive Officer), VA ABC Bureau of Law Enforcement COVID-19 Response, Licensee Topics (version 15, September 29, 2020) (Sept. 29, 2020) (Ex. AGY-ST-ALCOHOL-077)	In force from Mar. 13, 2020 to June 30, 2021 (issued Sept. 29, 2020)	Alcohol and barsWorkplace rulesSupply chainOther
Ex. AGY-ST-TRADE-BOARDS-024	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations that Prohibit or Limit Online, Electronic, or Distance Theoretical Instruction (effective Mar. 13, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-024)	In force from Mar. 13, 2020 to July 30, 2021	Schools and child careOther
Ex. AGY-ST-TRADE-BOARDS-022	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Validity of Expired Licenses, Certifications, Registrations and Other Authorizations (effective Mar. 18, 2020; amended Mar. 24, 2021) (Ex. AGY-ST-TRADE-BOARDS-022)	In force from Mar. 18, 2020 to June 30, 2021	Other
Ex. AGY-ST-TRADE-BOARDS-023	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Examination Eligibility Deadlines (effective Mar. 19, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-023)	In force from Mar. 19, 2020 to July 30, 2021	Other
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044	Potomac and Rappahannock Transportation Commission (PRTC), OmniRide, OmniRide notice, May 27, 2020: from May 29, 2020 all passengers required to wear face coverings on OmniRide buses in compliance with the Governor's order on face coverings on all public transit (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044)	In force from May 29, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirement
Ex. AGY-ST-LABOR-WORKPLACE-001	Virginia Department of Labor and Industry for the Safety and Health Codes Board, Briefing Package: Emergency Temporary Standard / Emergency Regulation, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220 (Board meeting June 24, 2020, continued June 29 and July 15, 2020) (June 23, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-001)	In force from July 15, 2020 to Jan. 27, 2021 (issued June 23, 2020)	Face-covering requirementWorkplace rulesQuarantine and isolation

End of general restrictions, State of Virginia: Executive Order 79 and Order of Public Health Emergency Ten (May 14, 2021), effective midnight May 28, 2021, terminating Seventh Amended Executive Order 72 and Order of Public Health Emergency Nine (Exs. VA-017, VA-029); the state of emergency under Amended Executive Order 51 lapsed June 30, 2021 (2021-05-28). What remained: EO 79's mandatory K-12 mask rule ('All students, teachers, staff, and visitors must wear a mask over their nose and mouth while on school property') and its 'should' mask guidance until the emergency lapsed June 30, 2021; the DOLI Standard for Infectious Disease Prevention, 16VAC25-220 (effective Jan. 27, 2021; amended effective Sept. 8, 2021), binding every employer, employee and place of employment under VOSH jurisdiction; the Supreme Court of Virginia's Declaration of Judicial Emergency (extended through Oct. 13, 2021 by the Twenty-Eighth Order); Chapter 456 (SB 1303) requiring CDC mitigation strategies in schools to the maximum extent practicable, through Aug. 1, 2022; the State Health Commissioner's K-12 mask order of Aug. 12, 2021; Executive Directive 18 (effective Sept. 1, 2021) for state employees and contractors.

Preemption of local orders, State of Virginia: Virginia is a Dillon Rule jurisdiction: localities exercise only the powers the General Assembly grants, and no Virginia locality issued a free-standing stay-at-home or business-closure order in 2020; regional variation was made by the Governor's own instruments (EO 62 held the Northern Virginia Region, Richmond and Accomack in Phase Zero until May 29, 2020 (Ex. VA-011; amended May 14, 2020, text in Ex. VA-012); Amended EO 65 held Northern Virginia and Richmond in Phase One until June 12, 2020 (Ex. VA-047); EO 68 imposed Eastern Region restrictions July 31 to Sept. 10, 2020 (Exs. VA-015, VA-046, VA-025)). The Governor's orders did not contain an express preemption clause and did not bar stricter local rules; School boards' authority was channeled by Chapter 456 (SB 1303), which required in-person instruction and adherence to CDC mitigation strategies to the maximum extent practicable (Ex. VA-043), and by the Commissioner's Aug. 12, 2021 order, enforceable under § 32.1-27 (Ex. VA-044).

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 Virginia

Ex. VA-034

Fourth Amended Executive Order 72 and Order of Public Health Emergency Nine

Easing of Commonsense Surge Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Apr. 1, 2021 to Apr. 21, 2021 (issued Mar. 23, 2021)
Quarters: 2021 Q2
Limitations: Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venuesWorkplace rules
Functions reached: GATH; PE; SP; FC; MC
Grade: Primary source read
Days in this quarter: 21 (in force on the first day)

All public and private in-person gatherings of more than 50 individuals indoors and 100 [outdoors]... are prohibited.... The total number of spectators indoors cannot exceed the lesser of 30 percent of the lowest occupancy load... For... fitness classes held outdoors, the total number of attendees cannot exceed 100 persons.

Enforcement: As in EO 72

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Fourth Amended Executive Order 72 and Order of Public Health Emergency Nine (Mar. 23, 2021) (Ex. VA-034) Open the exhibit

Ex. VA-030

Fifth Amended Executive Order 72 and Order of Public Health Emergency Nine

Further Easing of Commonsense Surge Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from Apr. 21, 2021 to May 15, 2021
Quarters: 2021 Q2
Limitations: Capacity limitGathering capFace-covering requirementAlcohol and barsEvents and venuesWorkplace rules
Functions reached: GATH; BA; PE; SP
Grade: Primary source read
Days in this quarter: 25

Therefore, the health data makes it clear that Executive Order 72's temporary restrictions must largely remain in place a little longer.... All public and private in-person gatherings of more than 50 individuals indoors and 100 [outdoors are prohibited]... No alcoholic beverage shall be sold, consumed, or possessed on premises between the hours of 12:00 midnight and 5:00 a.m.

Enforcement: As in EO 72

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Fifth Amended Executive Order 72 and Order of Public Health Emergency Nine (Apr. 21, 2021) (Ex. VA-030) Open the exhibit

Ex. VA-028

Seventh Amended Executive Order 72 and Order of Public Health Emergency Nine

Further Easing of Commonsense Surge Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from May 15, 2021 to May 28, 2021 (issued Apr. 29, 2021)
Quarters: 2021 Q2
Limitations: Capacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Functions reached: GATH; PE; SP; FC; DR; MC
Grade: Primary source read
Days in this quarter: 14

All public and private in-person gatherings of more than 100 individuals indoors and 250 individuals outdoors... are prohibited.... [Venues:] The total number of spectators indoors cannot exceed the lesser of 50 percent of the lowest occupancy load... [Fitness:] Occupancy must be limited to 75 percent... [§ 18.2-422 waiver] will remain in effect until 11:59 p.m. on June 30, 2021.

Enforcement: As in EO 72

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Seventh Amended Executive Order 72 and Order of Public Health Emergency Nine (Apr. 29, 2021) (Ex. VA-028) Open the exhibit

Ex. VA-031

Sixth Amended Executive Order 72 and Order of Public Health Emergency Nine

Further Easing of Commonsense Surge Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from May 15, 2021; end: Superseded by the Seventh Amended EO 72 (Apr. 29, 2021), same effective date (issued Apr. 22, 2021)
Quarters: 2021 Q2
Limitations: Capacity limitGathering capFace-covering requirementEvents and venuesWorkplace rules
Functions reached: GATH; PE; SP; MC
Grade: Primary source read
Days in this quarter: 47 (in force on the last day)

All public and private in-person gatherings of more than 100 individuals indoors and 250 [outdoors are prohibited]... The total number of spectators indoors cannot exceed the lesser of 50 percent of the lowest occupancy load.

Enforcement: As in EO 72

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Sixth Amended Executive Order 72 and Order of Public Health Emergency Nine (Apr. 22, 2021) (Ex. VA-031) Open the exhibit

Ex. VA-017

Executive Order 79 and Order of Public Health Emergency Ten (Register text)

Ending of Commonsense Public Health Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from May 28, 2021 to June 30, 2021 (issued May 14, 2021)
Quarters: 2021 Q2
Limitations: Face-covering requirementSchools and child care
Functions reached: IN in-person instruction (masking); WF
Grade: Primary source read
Days in this quarter: 34 (in force on the last day)

A. Masks - Indoors and Outdoors. All individuals in the Commonwealth aged five and older should cover their mouth and nose with a mask in accordance with the Center for Disease Control and Protection guidance... D. Masks - Public and Private K-12 Schools. All students, teachers, staff, and visitors must wear a mask over their nose and mouth while on school property subject to section C.... this Order terminates Seventh Amended Number Seventy-Two (2021) and Order of Public Health Emergency Nine, shall be effective midnight on May 28, 2021, and shall remain in full force and effect until amended or rescinded by further executive order.

Enforcement: VDH enforces; injunctive relief under § 32.1-27; DOLI, DPOR and VDACS as to licensees

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 79 and Order of Public Health Emergency Ten (Register text) (May 14, 2021) (Ex. VA-017) Open the exhibit

Ex. VA-029

Executive Order 79 and Order of Public Health Emergency Ten (Governor's PDF)

Ending of Commonsense Public Health Restrictions Due to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Virginia (State)

Dates: In force from May 28, 2021 to June 30, 2021 (issued May 14, 2021)
Quarters: 2021 Q2
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; WF
Grade: Primary source read
Days in this quarter: 34 (in force on the last day)

this Order terminates Seventh Amended Number Seventy-Two (2021) and Order of Public Health Emergency Nine, shall be effective midnight on May 28, 2021... D. Masks - Public and Private K-12 Schools. All students, teachers, staff, and visitors must wear a mask over their nose and mouth while on school property subject to section C.

Enforcement: VDH; injunctive relief under § 32.1-27

Citation: Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 79 and Order of Public Health Emergency Ten (Governor's PDF) (May 14, 2021) (Ex. VA-029) Open the exhibit

Continuing in force from an earlier quarter of this report (7 instruments):

Exhibit	Citation	Dates	Limitations
Ex. VA-016	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 72 and Order of Public Health Emergency Nine (Dec. 10, 2020) (Ex. VA-016)	In force from Dec. 14, 2020 to June 30, 2021 (issued Dec. 10, 2020)	Stay-at-homeBusiness closureCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and barsEvents and venuesWorkplace rules
Ex. VA-001	Governor Ralph S. Northam, Executive Order 51 (2020) (Mar. 12, 2020) (Ex. VA-001)	In force from Mar. 12, 2020 to June 30, 2021	Emergency declaration
Ex. VA-018	Governor Ralph S. Northam, Amended Executive Order 51 (2020) (May 26, 2020) (Ex. VA-018)	In force from Mar. 12, 2020 to June 30, 2021 (issued May 26, 2020)	Emergency declaration
Ex. VA-039	Supreme Court of Virginia, Order Declaring a Judicial Emergency in Response to COVID-19 Emergency (Mar. 16, 2020) (Ex. VA-039)	In force from Mar. 16, 2020 to Oct. 13, 2021	Courts and public offices
Ex. VA-021	Governor Ralph S. Northam (directing the Virginia Alcoholic Beverage Control Authority), Executive Directive Ten (2020) (Apr. 8, 2020) (Ex. VA-021)	In force from Apr. 9, 2020 to June 30, 2021 (issued Apr. 8, 2020)	Alcohol and barsOther
Ex. VA-035	Governor Ralph S. Northam, Executive Order 70 (2020) (Aug. 17, 2020) (Ex. VA-035)	In force from Aug. 17, 2020 to June 30, 2021	Health care orders
Ex. VA-037	Virginia Safety and Health Codes Board, Department of Labor and Industry, 16VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (Final) (Jan. 13, 2021) (Ex. VA-037)	In force from Jan. 27, 2021 to Sept. 8, 2021 (issued Jan. 13, 2021)	Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation

Agencies, boards and authorities: Virginia

Continuing in force from an earlier quarter of this report (7 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-ALCOHOL-076	Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076)	In force from Mar. 20, 2020 to June 30, 2021 (issued May 18, 2020)	Business closureCapacity limitAlcohol and barsOther
Ex. AGY-ST-DMV-SOS-RECORDERS-048	General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048)	In force from July 1, 2012 to Sept. 30, 2021	Other
Ex. AGY-ST-ALCOHOL-077	Virginia Alcoholic Beverage Control Authority, Bureau of Law Enforcement (Travis G. Hill, Chief Executive Officer), VA ABC Bureau of Law Enforcement COVID-19 Response, Licensee Topics (version 15, September 29, 2020) (Sept. 29, 2020) (Ex. AGY-ST-ALCOHOL-077)	In force from Mar. 13, 2020 to June 30, 2021 (issued Sept. 29, 2020)	Alcohol and barsWorkplace rulesSupply chainOther
Ex. AGY-ST-TRADE-BOARDS-024	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations that Prohibit or Limit Online, Electronic, or Distance Theoretical Instruction (effective Mar. 13, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-024)	In force from Mar. 13, 2020 to July 30, 2021	Schools and child careOther
Ex. AGY-ST-TRADE-BOARDS-022	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Validity of Expired Licenses, Certifications, Registrations and Other Authorizations (effective Mar. 18, 2020; amended Mar. 24, 2021) (Ex. AGY-ST-TRADE-BOARDS-022)	In force from Mar. 18, 2020 to June 30, 2021	Other
Ex. AGY-ST-TRADE-BOARDS-023	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Examination Eligibility Deadlines (effective Mar. 19, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-023)	In force from Mar. 19, 2020 to July 30, 2021	Other
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044	Potomac and Rappahannock Transportation Commission (PRTC), OmniRide, OmniRide notice, May 27, 2020: from May 29, 2020 all passengers required to wear face coverings on OmniRide buses in compliance with the Governor's order on face coverings on all public transit (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044)	In force from May 29, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirement

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 Virginia

Ex. VA-041

Twenty-Sixth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency

Twenty-Sixth Order Extending Declaration of Judicial Emergency

Supreme Court of Virginia, Virginia (Court)

Dates: In force from Aug. 12, 2021 to Sept. 1, 2021 (issued Aug. 4, 2021)
Quarters: 2021 Q3
Limitations: Capacity limitFace-covering requirementCourts and public offices
Functions reached: CT courts and clerks; CL closings; SV collections; PJ
Grade: Primary source read
Days in this quarter: 21

Chief judges and presiding judges of all courts should exercise their discretion in determining how best to safely operate their respective courts, including how to safely conduct jury trials, and, in doing so, may follow the guidance of the Centers for Disease Control and Prevention (CDC), and the Virginia Department of Health, with respect to safety protocols, including physical distancing and capacity restrictions and requiring a mask covering the mouth and nose.... speedy trial act deadlines continue to be tolled by this order during the ongoing Period of Judicial Emergency.... This Order shall be in effect from August 12, 2021, through September 1, 2021... the Period of Judicial Emergency now extends from March 16, 2020, through September 1, 2021.

Enforcement: Order of the Supreme Court binding on all courts

Citation: Supreme Court of Virginia, Twenty-Sixth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency (Aug. 4, 2021) (Ex. VA-041) Open the exhibit

Ex. VA-042

Twenty-Eighth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency

Twenty-Eighth Order Extending Declaration of Judicial Emergency

Supreme Court of Virginia, Virginia (Court)

Dates: In force from Sept. 23, 2021 to Oct. 13, 2021 (issued Sept. 20, 2021)
Quarters: 2021 Q3
Limitations: Capacity limitFace-covering requirementCourts and public offices
Functions reached: CT; CL; SV; PJ
Grade: Primary source read
Days in this quarter: 8 (in force on the last day)

The ongoing judicial emergency caused by the COVID-19 pandemic continues to impede the operation of Virginia's courts... 1. Safety Protocols... may follow the guidance of the Centers for Disease Control and Prevention (CDC), and the Virginia Department of Health, with respect to safety protocols, including physical distancing and capacity restrictions and requiring a mask covering the mouth and nose. 2. Admission to Courthouse. All courts and security personnel shall continue to screen individuals entering the courthouse if, and to the extent, recommended, by the Virginia Department of Health. 3.... speedy trial act deadlines continue to be tolled by this order during the ongoing Period of Judicial Emergency.... This Order shall be in effect from September 23, 2021, through October 13, 2021... Accordingly, the Period of Judicial Emergency now extends from March 16, 2020, through October…

Enforcement: Order of the Supreme Court binding on all courts

Citation: Supreme Court of Virginia, Twenty-Eighth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency (Sept. 20, 2021) (Ex. VA-042) Open the exhibit

Ex. VA-043

Chapter 456, 2021 Special Session I (SB 1303)

An Act to require each school board to offer in-person instruction to students enrolled in the local school division

General Assembly of Virginia (2021 Special Session I), approved by Governor Northam, Virginia (State)

Dates: In force from July 1, 2021 to Aug. 1, 2022 (issued Mar. 30, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careQuarantine and isolation
Functions reached: IN in-person instruction; RL remote learning; WF workforce (quarantined students at home); TR transport; AC activities
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

§ 2. Each school board shall offer in-person instruction to each student enrolled in the local school division in a public elementary and secondary school... and (ii) provide such in-person instruction in a manner in which it adheres, to the maximum extent practicable, to any currently applicable mitigation strategies for early childhood care and education programs and elementary and secondary schools to reduce the transmission of COVID-19 that have been provided by the federal Centers for Disease Control and Prevention.... [a student in isolation or quarantine may be taught] in a remote location and in a fully virtual manner for the duration of such period of isolation or quarantine, consistent with the mitigation strategies as set forth in § 2 of this act.... 3. That the provisions of this act shall expire on August 1, 2022.

Enforcement: Statutory duty of school boards; enforceable through the Board of Education and mandamus

Citation: General Assembly of Virginia (2021 Special Session I), approved by Governor Northam, Chapter 456, 2021 Special Session I (SB 1303) (Mar. 30, 2021) (Ex. VA-043) Open the exhibit

Ex. VA-044

VDH Frequently Asked Questions: State Health Commissioner Order of Public Health Emergency, Statewide Requirement To Wear Masks In K-12 Schools, issued August 12, 2021 (updated Aug. 17, 2021)

Frequently Asked Questions - State Health Commissioner Order of Public Health Emergency - Statewide Requirement To Wear Masks In K-12 Schools, issued August 12, 2021

Virginia Department of Health, Virginia (Sector regulator)

Dates: In force from Aug. 12, 2021 to Sept. 30, 2021 (issued Aug. 17, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN in-person instruction; WF; AC; EC
Grade: Primary source read
Days in this quarter: 50 (in force on the last day)

On August 12, 2021, State Health Commissioner Dr. M. Norman Oliver reissued a Public Health Order requiring all students, teachers, staff, and visitors in public and private K-12 schools to wear masks indoors, regardless of vaccination status. This Order reinforces current state law, which requires Virginia schools to adhere to mitigation strategies outlined by the Centers for Disease Control and Prevention.... Orders of the Commissioner or the Board of Health may be enforced pursuant to Virginia Code § 32.1-27 which provides, in part, that any person not obeying an order of the Commissioner may be compelled in a proceeding instituted in an appropriate court by the Board or Commissioner to obey such order.... The Order does not apply to freestanding daycares or preschools... The Order does apply to young children, age 2 and older, participating in early childhood and PreK programs at…

Enforcement: Va. Code § 32.1-27 (court proceedings to compel obedience; Class 1 misdemeanor for willful violation)

Citation: Virginia Department of Health, VDH Frequently Asked Questions: State Health Commissioner Order of Public Health Emergency, Statewide Requirement To Wear Masks In K-12 Schools, issued August 12, 2021 (updated Aug. 17, 2021) (Ex. VA-044) Open the exhibit

Ex. VA-045

Executive Directive Number Eighteen (2021)

Ensuring a Safe Work Place

Governor Ralph S. Northam, Virginia (State)

Dates: In force from Sept. 1, 2021 to Sept. 30, 2021 (issued Aug. 5, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Functions reached: WF workforce; HR; PL placements at client (State) sites; CS client site visits (state agencies and universities)
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

A. Disclosure of Vaccine Status. All Executive Branch Employees and state contractors who enter the work place or who have public-facing work duties must disclose their vaccine status to the designated agency personnel. B. Weekly Testing. Executive Branch Employees who are not fully vaccinated or who refuse to disclose their current vaccine status... must undergo weekly COVID-19 testing and disclose weekly the results of those tests to the designated agency personnel. C. Mask Requirement. 1. All Executive Branch Employees and state contractors who have not been fully vaccinated must cover their mouth and nose with a mask in accordance with the Centers for Disease Control and Prevention while indoors and conducting public business.... This Directive does not apply to Executive Branch Employees or state contractors while they work remotely without in-person contact... This Executive…

Enforcement: DHRM policies and procedures (issued by Aug. 15, 2021); employment conditions for state employees and contract terms for contractors

Citation: Governor Ralph S. Northam, Executive Directive Number Eighteen (2021) (Aug. 5, 2021) (Ex. VA-045) Open the exhibit

Ex. VA-038

16VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (amendments, Final)

Amended Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19

Virginia Safety and Health Codes Board, Department of Labor and Industry, Virginia (Sector regulator)

Dates: In force from Sept. 8, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: all workplace functions; WF; HR
Grade: Primary source read
Days in this quarter: 23 (in force on the last day)

The amendments change the primary focus of the regulation from risk exposure level to mitigation strategies directed at protecting employees who are unvaccinated, not fully vaccinated, or are otherwise at risk from the grave danger presented by the SARS-CoV-2 virus, its variants, and COVID-19 disease and include (i) incorporating by reference two Centers for Disease Control and Prevention (CDC) documents; (ii) removing exposure risk levels and public or private institutions of higher education reopening plans; (iii) revising effective dates... This standard chapter is adopted in accordance with subdivision 6 a (6a) of § 40.1-22 of the Code of Virginia and shall apply to every employer, employee, and place of employment within the jurisdiction of the VOSH program.

Enforcement: VOSH citations and civil penalties under Va. Code § 40.1-49.4

Citation: Virginia Safety and Health Codes Board, Department of Labor and Industry, 16VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (amendments, Final) (Sept. 8, 2021) (Ex. VA-038) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. VA-039	Supreme Court of Virginia, Order Declaring a Judicial Emergency in Response to COVID-19 Emergency (Mar. 16, 2020) (Ex. VA-039)	In force from Mar. 16, 2020 to Oct. 13, 2021	Courts and public offices
Ex. VA-037	Virginia Safety and Health Codes Board, Department of Labor and Industry, 16VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (Final) (Jan. 13, 2021) (Ex. VA-037)	In force from Jan. 27, 2021 to Sept. 8, 2021 (issued Jan. 13, 2021)	Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation

Agencies, boards and authorities: Virginia

Ex. AGY-ST-EDUCATION-HIGHER-ED-029

State Health Commissioner Order of Public Health Emergency, Statewide Requirement To Wear Masks In K-12 Schools (Order of Public Health Emergency Ten)

Statewide requirement that all individuals aged two and older wear masks when indoors at public and private K-12 schools

M. Norman Oliver, M.D., M.A., State Health Commissioner, Virginia State Health Commissioner (acting for the State Board of Health); State level; addressed to all public and private K-12 schools (State)

Dates: In force from Aug. 12, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN in-person instruction (universal indoor masking); EC before- and after-school programs on school premises; AC indoor athletics and activities (exercise exception); EMP employee masking; WF school workforce; CB families; school vendors and contractors working indoors at schools
Grade: Primary source read
Days in this quarter: 50 (in force on the last day)

NOW THEREFORE, the State Health Commissioner, pursuant to ss. 32.1-13 and 32.1-20 of the Code of Virginia, hereby issues this Order finding that a public health emergency due to COVID-19 continues to exist, and requiring all individuals aged two and older to wear masks when indoors at public and private K-12 schools in order to inhibit spread of the virus, as recommended and described by the CDC. Exceptions to this Order include: A. Individuals eating, drinking, or sleeping; B. Individuals exercising or using exercise equipment; C. Any person who is playing a musical instrument... D. Any person who has trouble breathing... E. Any person who has a disability or meets at-risk criteria... F. When necessary to participate in a religious ritual; and G. Persons with health conditions or disabilities that prohibit wearing a mask.

Enforcement: Va. Code s. 32.1-27 (violation of a Board of Health order a Class 1 misdemeanor; injunctive relief); the Order's recital of the Commissioner's authority under ss. 32.1-13 and 32.1-20

Citation: M. Norman Oliver, M.D., M.A., State Health Commissioner, State Health Commissioner Order of Public Health Emergency, Statewide Requirement To Wear Masks In K-12 Schools (Order of Public Health Emergency Ten) (Aug. 12, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-029) Open the exhibit

Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-052

'COVID-19 Vaccination Requirement for Staff' (Aug. 23, 2021)

All FCPS employees required to be vaccinated against COVID-19 or submit routine negative COVID-19 tests

Fairfax County Public Schools (Superintendent Brabrand; School Board), Fairfax County Public Schools, Virginia (County)

Dates: In force from Aug. 23, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testingOther
Functions reached: HR; WF; EMP
Grade: Primary source read
Days in this quarter: 39 (in force on the last day)

FCPS will be requiring all employees to be vaccinated against COVID-19 or submit routine negative COVID-19 [tests]. FCPS continues to encourage vaccination for everyone, including students, as soon as they are eligible.

Enforcement: Condition of employment

Citation: Fairfax County Public Schools (Superintendent Brabrand; School Board), 'COVID-19 Vaccination Requirement for Staff' (Aug. 23, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-052) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-DMV-SOS-RECORDERS-048	General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048)	In force from July 1, 2012 to Sept. 30, 2021	Other
Ex. AGY-ST-TRADE-BOARDS-024	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations that Prohibit or Limit Online, Electronic, or Distance Theoretical Instruction (effective Mar. 13, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-024)	In force from Mar. 13, 2020 to July 30, 2021	Schools and child careOther
Ex. AGY-ST-TRADE-BOARDS-022	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Validity of Expired Licenses, Certifications, Registrations and Other Authorizations (effective Mar. 18, 2020; amended Mar. 24, 2021) (Ex. AGY-ST-TRADE-BOARDS-022)	In force from Mar. 18, 2020 to June 30, 2021	Other
Ex. AGY-ST-TRADE-BOARDS-023	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Examination Eligibility Deadlines (effective Mar. 19, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-023)	In force from Mar. 19, 2020 to July 30, 2021	Other
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044	Potomac and Rappahannock Transportation Commission (PRTC), OmniRide, OmniRide notice, May 27, 2020: from May 29, 2020 all passengers required to wear face coverings on OmniRide buses in compliance with the Governor's order on face coverings on all public transit (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044)	In force from May 29, 2020 to Sept. 30, 2021 (issued May 27, 2020)	Face-covering requirement

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

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):

VA-037 DOLI Standard for Infectious Disease Prevention, 16VAC25-220 (eff. Jan. 27, 2021), every employer
VA-038 DOLI Standard as amended (eff. Sept. 8, 2021)
VA-041 Supreme Court of Virginia Twenty-Sixth Order Extending Declaration of Judicial Emergency (Aug. 4, 2021; in effect Aug. 12 to Sept. 1, 2021)
VA-042 Supreme Court of Virginia Twenty-Eighth Order (Sept. 20, 2021; in effect Sept. 23 to Oct. 13, 2021; Period of Judicial Emergency Mar. 16, 2020 through Oct. 13, 2021)
VA-043 Chapter 456, 2021 Sp. Sess. I (SB 1303), in-person instruction with CDC mitigation strategies to the maximum extent practicable, through Aug. 1, 2022
VA-044 State Health Commissioner Order of Public Health Emergency, Statewide Requirement to Wear Masks in K-12 Schools (Aug. 12, 2021), evidenced by VDH FAQ of Aug. 17, 2021
VA-045 Executive Directive 18, Ensuring a Safe Work Place (Aug. 5, 2021; eff. Sept. 1, 2021)

5. Standing duties in Virginia

Virginia placed every employer under three layers of standing law before the first COVID-19 order issued on March 12, 2020, and every order was written on top of them. First, the health statutes. Section 32.1-13 lets the Board of Health 'make separate orders and regulations to meet any emergency, not provided for by general regulations, for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious and infectious diseases' (Ex. DUT-VA-001); section 32.1-20 vests the State Health Commissioner with 'all the authority of the Board when it is not in session' (Ex. DUT-VA-001); section 32.1-27(A) makes 'any person willfully violating or refusing, failing or neglecting to comply with any regulation or order of the Board or Commissioner' guilty of a Class 1 misdemeanor, with injunction, mandamus and a civil penalty of up to $25,000 per violation, each day a separate offense (Ex. DUT-VA-001); section 32.1-42 authorizes emergency regulations and orders 'to meet any emergency or to prevent a potential emergency caused by a disease dangerous to public health' (Ex. DUT-VA-002); section 32.1-43 gives the Commissioner 'the authority to require quarantine, isolation, immunization, decontamination, or treatment of any individual or group of individuals' (Ex. DUT-VA-002); Article 3.01 lets the Commissioner quarantine or isolate persons and 'affected areas,' defined to include 'public and private property, buildings, and other structures,' enforced by law enforcement with power to detain or arrest, and section 32.1-48.014 makes non-compliance a Class 1 misdemeanor with civil penalties (Ex. DUT-VA-002). The Board's Regulations for Disease Reporting and Control, 12VAC5-90, list 'Coronavirus infection, severe' among reportable diseases, command that 'the board and commissioner shall use appropriate disease control measures,' and 'reserve the right to use any legal means to control any disease which is a threat to the public health' (Ex. DUT-VA-003). Every Order of Public Health Emergency recited sections 32.1-13, 32.1-20 and 35.1-10 and made willful violation 'punishable as a Class 1 misdemeanor pursuant to section 32.1-27' (Exs. VA-002, VA-005, VA-010, VA-012, VA-013, VA-014, VA-016). Second, the emergency statute. Section 44-146.17 provides that executive orders 'shall have the force and effect of law and the violation thereof shall be punishable as a Class 1 misdemeanor in every case where the executive order declares that its violation shall have such force and effect' (Ex. LAW-347), and every gubernatorial order so declared (Exs. VA-004, VA-006, VA-010, VA-016); section 18.2-11(a) fixes the Class 1 penalty at 'confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both' (Ex. DUT-VA-004). Third, the workplace duties. Section 40.1-51.1(A): 'It shall be the duty of every employer to furnish to each of his employees safe 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 his employees and to comply with all applicable occupational safety and health rules and regulations promulgated under this title' (Ex. DUT-VA-005); section 40.1-49.4 backs it with citations, abatement orders, civil penalties of up to $12,471 per serious violation and $124,709 per willful or repeated violation, and criminal punishment for a willful violation causing death (Ex. DUT-VA-006); section 40.1-22(6a) lets the Safety and Health Codes Board adopt an emergency temporary standard 'if it determines that employees are exposed to grave danger' (Ex. DUT-VA-007). Under that power, at the Governor's direction in EO 63 section E (Ex. VA-012), the Board adopted 16VAC25-220 on July 15, 2020, effective July 27, 2020 (Ex. VA-036), made it permanent on January 27, 2021 (Ex. VA-037) and amended it September 8, 2021 (Ex. VA-038): a regulation that 'shall apply to every employer, employee, and place of employment in the Commonwealth of Virginia within the jurisdiction of the VOSH program,' whose section 40 is titled 'Mandatory requirements for all employers' and commands that 'Employers shall assess their workplace for hazards and job tasks that can potentially expose employees to the SARS-CoV-2 virus,' and whose section 70 requires a written Infectious Disease Preparedness and Response Plan of every medium-risk employer with eleven or more employees (Exs. VA-036, VA-037, DUT-VA-008). Fourth, the conditions of operating. From EO 61 (May 15, 2020) through the Seventh Amended EO 72 (to May 28, 2021), each class of business could operate only 'provided such businesses comply with the Guidelines for All Business Sectors, and sector-specific guidance... incorporated by reference herein' (Exs. VA-010, VA-013, VA-014, VA-016), and the incorporated guidelines told each sector: 'Establishments must either implement the following mandatory requirements or close. Mandatory Requirements: Businesses must strictly adhere to the physical distancing guidelines, enhanced cleaning and disinfection practices, and enhanced workplace safety practices provided in the Guidelines for All Business Sectors document' (Exs. DUT-VA-014, DUT-VA-015). EO 72 named the Department of Labor and Industry 'pursuant to section 40.1-51.1' as an enforcing agency of the business restrictions (Ex. VA-016). Fifth, the sanitary code. Section 35.1-10 preserves the Commissioner's power over restaurants, hotels, camps and campgrounds to take 'whatever action he deems necessary to control the spread of preventable diseases as set forth in Title 32.1, including but not limited to the exclusion of employees, the medical examination of any employee, the immediate closing of a hotel, restaurant, summer camp, or campground' (Ex. DUT-VA-012), and 12VAC5-421-3770 lets the health director 'summarily suspend a permit to operate a restaurant if the director finds the continued operation constitutes a substantial and imminent threat to the public health,' whereupon 'the permit holder shall cease food operations immediately' (Ex. DUT-VA-013), the vehicle Order of Public Health Emergency One invoked for a restaurant observed with eleven or more patrons (Ex. VA-002). Sixth, the liability shield. The General Assembly wrote no general business shield. Its only COVID-19 immunity statute, section 8.01-225.03 (2020 Sp. Sess. I, cc. 6, 7, approved October 13, 2020, in force from passage as an emergency act), protects five classes of licensed care providers (hospices, home care organizations, DBHDS-licensed private providers, assisted living facilities and adult day care centers), and only where 'the emergency and subsequent conditions caused by the emergency result in a lack of resources, attributable to the disaster' (Exs. DUT-VA-009, DUT-VA-010); EO 60 (April 28, 2020) declared that the pre-existing health-care-provider immunities of sections 8.01-225.01 and 8.01-225.02 reach providers who 'respond' to COVID-19, including by withholding procedures under Order of Public Health Emergency Two (Ex. DUT-VA-011); section 32.1-48.016 immunizes only a person who 'in good faith and in the performance of his duties, acts in compliance with this article and the Board of Health's regulations' (Ex. DUT-VA-002). Every other Virginia business faced ordinary negligence law with the orders, the incorporated guidelines and 16VAC25-220 as the governing standards. Seventh, the courts and the Commonwealth's own statements of the duty: Tigges v. Northam, 473 F. Supp. 3d 559 (E.D. Va. July 21, 2020) (Gibney, J.), denying a preliminary injunction against the Phase Three and face-covering orders and finding that a wedding venue could operate only 'provided that he complies with the other restrictions set forth in the Phase Three Order' (Ex. DUT-VA-018); the Commonwealth's July 8, 2020 opposition reporting that 'Numerous Virginia courts have rejected the claim that the Governor and State Health Commissioner's orders exceeded their authority under state law,' citing Hall v. Northam (Culpeper Cir. Ct. Apr. 30, 2020), SEG Props. v. Northam (Loudoun Cir. Ct. June 10, 2020) and Strother v. Northam (Fauquier Cir. Ct. June 29, 2020) (Ex. DUT-VA-019); Belle Garden Estate, LLC v. Northam, No. 7:21-cv-00135 (W.D. Va. Mar. 26, 2021) (Cullen, J.), denying an injunction against the Fourth Amended EO 72 capacity limits under the police power (Ex. DUT-VA-020); and the Governor's own FAQs on EO 53 ('Businesses in violation of this order may be charged with a Class 1 misdemeanor'; 'such businesses must adhere to social distancing recommendations, enhanced sanitizing practices on common surfaces') and on EO 63 ('Businesses may not allow you to enter an establishment where a face covering is required in order to keep other customers and employees safe') (Exs. DUT-VA-017, DUT-VA-016).

The phase question

Whether the measures employers took 'beyond' the orders were voluntary. Virginia answer: the measures were the performance of duties imposed by statute (Va. Code sections 32.1-13, 32.1-20, 32.1-27, 32.1-42, 32.1-43 and Article 3.01 of Title 32.1 chapter 2; section 44-146.17 with section 18.2-11; sections 40.1-22(6a), 40.1-49.4 and 40.1-51.1; sections 35.1-7 and 35.1-10), by regulation (12VAC5-90; 12VAC5-421-3770; 16VAC25-220, the only State-plan COVID-19 workplace standard in the nation to bind every employer from July 27, 2020 through the end of 2021 Q3), and by executive orders that let a business operate only 'provided such businesses comply with the Guidelines for All Business Sectors... expressly incorporated by reference herein' and made the guidelines' own 'Mandatory Requirements' the alternative to closure ('Establishments must either implement the following mandatory requirements or close').

The State's standing duties

Ex. DUT-VA-001

Va. Code Title 32.1, Chapter 1 (sections 32.1-1 to 32.1-34), including sections 32.1-13 (Emergency orders and regulations), 32.1-20 (Commissioner vested with authority of Board), 32.1-26 (Orders; hearing and notice) and 32.1-27 (Penalties, injunctions, civil penalties and charges for violations)

Code of Virginia, Title 32.1 Health, Chapter 1 Administration Generally (full chapter text)

General Assembly of Virginia (Code of Virginia, Title 32.1, Chapter 1, Administration Generally), Virginia (State)

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

Any person willfully violating or refusing, failing or neglecting to comply with any regulation or order of the Board or Commissioner or any provision of this title shall be guilty of a Class 1 misdemeanor unless a different penalty is specified.

Enforcement: Class 1 misdemeanor (section 32.1-27(A)); injunction, mandamus or other remedy (B); civil penalty not to exceed $25,000 for each violation, each day a separate offense (C); civil charges by consent (D)

Citation: General Assembly of Virginia (Code of Virginia, Title 32.1, Chapter 1, Administration Generally), Va. Code Title 32.1, Chapter 1 (sections 32.1-1 to 32.1-34), including sections 32.1-13 (Emergency orders and regulations), 32.1-20 (Commissioner vested with authority of Board), 32.1-26 (Orders; hearing and notice) and 32.1-27 (Penalties, injunctions, civil penalties and charges for violations) (standing) (Ex. DUT-VA-001) Open the exhibit

Ex. DUT-VA-002

Va. Code Title 32.1, Chapter 2 (sections 32.1-35 to 32.1-73.x), including Article 3 Disease Control (sections 32.1-42 Emergency rules and regulations; 32.1-43 Authority of State Health Commissioner to require quarantine, etc.; 32.1-48 Powers of Commissioner in epidemic) and Article 3.01 Isolation and Quarantine of Persons with Communicable Diseases of Public Health Threat (sections 32.1-48.05 to 32.1-48.017)

Code of Virginia, Title 32.1 Health, Chapter 2 Disease Prevention and Control (full chapter text)

General Assembly of Virginia (Code of Virginia, Title 32.1, Chapter 2, Disease Prevention and Control), Virginia (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Stay-at-homeBusiness closureQuarantine and isolationStanding dutyOther
Character: statutory duty
Grade: Primary source read

Any person who does not comply with a validly issued order of quarantine or order of isolation issue [sic] or prepared pursuant to this article shall be subject to the penalties provided in section 32.1-27, including, upon conviction, a Class 1 misdemeanor and payment of civil penalties.

Enforcement: Section 32.1-48.014: penalties of section 32.1-27 (Class 1 misdemeanor; civil penalties); detention or arrest by law enforcement; mandatory prosecution

Citation: General Assembly of Virginia (Code of Virginia, Title 32.1, Chapter 2, Disease Prevention and Control), Va. Code Title 32.1, Chapter 2 (sections 32.1-35 to 32.1-73.x), including Article 3 Disease Control (sections 32.1-42 Emergency rules and regulations; 32.1-43 Authority of State Health Commissioner to require quarantine, etc.; 32.1-48 Powers of Commissioner in epidemic) and Article 3.01 Isolation and Quarantine of Persons with Communicable Diseases of Public Health Threat (sections 32.1-48.05 to 32.1-48.017) (standing) (Ex. DUT-VA-002) Open the exhibit

Ex. DUT-VA-003

12VAC5-90, Regulations for Disease Reporting and Control (full chapter), including 12VAC5-90-80 (Lists of diseases that shall be reported), 12VAC5-90-90 (Those required to report), 12VAC5-90-100 (Methods), 12VAC5-90-103 (Isolation for communicable disease of public health threat) and 12VAC5-90-107 (Quarantine)

Virginia Administrative Code, Title 12, Agency 5, Chapter 90, Regulations for Disease Reporting and Control

State Board of Health (Virginia Department of Health), Virginia (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersQuarantine and isolationStanding dutyOther
Character: sanitary code duty
Grade: Primary source read

The board and commissioner shall use appropriate disease control measures to manage the diseases listed in 12VAC5-90-80 A... The board and commissioner reserve the right to use any legal means to control any disease which is a threat to the public health.

Enforcement: Va. Code section 32.1-27 (Class 1 misdemeanor; injunction; civil penalty) for violation of a Board regulation or Commissioner order; law-enforcement detention under 12VAC5-90-103 F and 12VAC5-90-107

Citation: State Board of Health (Virginia Department of Health), 12VAC5-90, Regulations for Disease Reporting and Control (full chapter), including 12VAC5-90-80 (Lists of diseases that shall be reported), 12VAC5-90-90 (Those required to report), 12VAC5-90-100 (Methods), 12VAC5-90-103 (Isolation for communicable disease of public health threat) and 12VAC5-90-107 (Quarantine) (standing) (Ex. DUT-VA-003) Open the exhibit

Ex. DUT-VA-004

Va. Code section 18.2-11, Punishment for conviction of misdemeanor

Punishment for conviction of misdemeanor

General Assembly of Virginia (Code of Virginia, Title 18.2, Crimes and Offenses Generally), Virginia (State)

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

The authorized punishments for conviction of a misdemeanor are: (a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.... (c) For Class 3 misdemeanors, a fine of not more than $500.

Enforcement: Class 1: up to twelve months in jail and a fine of up to $2,500, either or both; Class 3: fine up to $500

Citation: General Assembly of Virginia (Code of Virginia, Title 18.2, Crimes and Offenses Generally), Va. Code section 18.2-11, Punishment for conviction of misdemeanor (standing) (Ex. DUT-VA-004) Open the exhibit

Ex. DUT-VA-005

Va. Code section 40.1-51.1, Duties of employers

Duties of employers

General Assembly of Virginia (Code of Virginia, Title 40.1, Labor and Employment, Chapter 3, Protection of Employees), Virginia (State)

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

It shall be the duty of every employer to furnish to each of his employees safe 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 his employees and to comply with all applicable occupational safety and health rules and regulations promulgated under this title.

Enforcement: Enforced through section 40.1-49.4 (Ex. DUT-VA-006): citation, abatement order, civil penalties, injunction, criminal punishment for willful violation causing death

Citation: General Assembly of Virginia (Code of Virginia, Title 40.1, Labor and Employment, Chapter 3, Protection of Employees), Va. Code section 40.1-51.1, Duties of employers (standing) (Ex. DUT-VA-005) Open the exhibit

Ex. DUT-VA-006

Va. Code section 40.1-49.4, Enforcement of this title and standards, rules or regulations for safety and health; orders of Commissioner; proceedings in circuit court; injunctions; penalties

Enforcement of this title and standards, rules or regulations for safety and health; orders of Commissioner; proceedings in circuit court; injunctions; penalties

General Assembly of Virginia (Code of Virginia, Title 40.1, Chapter 3), Virginia (State)

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

If the Commissioner has reasonable cause to believe that an employer has violated any safety or health provision of Title 40.1 or any standard, rule or regulation adopted pursuant thereto, he shall with reasonable promptness issue a citation to the employer.... such violation is determined to be a serious violation shall be assessed a civil penalty of up to $12,471

Enforcement: Civil penalties of up to $12,471 (non-serious; serious; per day of failure to abate) and $124,709 (willful or repeated), as adjusted under subsection P; criminal fine of up to $70,000 or six months for a willful violation causing death (up to $140,000 or one year on a second conviction); injunction in circuit court

Citation: General Assembly of Virginia (Code of Virginia, Title 40.1, Chapter 3), Va. Code section 40.1-49.4, Enforcement of this title and standards, rules or regulations for safety and health; orders of Commissioner; proceedings in circuit court; injunctions; penalties (standing) (Ex. DUT-VA-006) Open the exhibit

Ex. DUT-VA-007

Va. Code section 40.1-22, Safety and Health Codes Commission continued as Safety and Health Codes Board, subdivision (6a) (emergency temporary standards)

Safety and Health Codes Commission continued as Safety and Health Codes Board

General Assembly of Virginia (Code of Virginia, Title 40.1, Chapter 3), Virginia (State)

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

The Board shall provide... for an emergency temporary standard to take immediate effect upon publication in a newspaper of general circulation... if it determines that employees are exposed to grave danger from exposure to substances or agents determined to be toxic physically harmful or from new hazards, and that such emergency standard is necessary to protect employees from such danger.

Enforcement: Standards adopted under it are enforced through section 40.1-49.4 (Ex. DUT-VA-006)

Citation: General Assembly of Virginia (Code of Virginia, Title 40.1, Chapter 3), Va. Code section 40.1-22, Safety and Health Codes Commission continued as Safety and Health Codes Board, subdivision (6a) (emergency temporary standards) (standing) (Ex. DUT-VA-007) Open the exhibit

Ex. DUT-VA-008

DOLI, 'Coronavirus (COVID-19) ETS FAQs' page: Frequently Asked Questions on 16VAC25-220, with the Department's notices of the standard's effective dates and of the 24-hour outbreak-reporting duties under 16VAC25-220-40.B.7.d and.e (page as captured February 1, 2021)

Coronavirus (COVID-19) ETS FAQs, 16 VAC 25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19

Virginia Department of Labor and Industry, Virginia Occupational Safety and Health (VOSH) program, Virginia (State)

Dates: Standing (2020-07-27 (ETS); training Aug. 26 and Sept. 25, 2020; plans Sept. 25, 2020; permanent standard Jan. 27, 2021)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesQuarantine and isolationStanding duty
Character: guidance incorporated
Grade: Primary source read

Employers shall report to VDH within 24 hours of the discovery of two or more of its own employees present at the place of employment within a 14-day period testing positive for SARS-CoV-2 virus during that 14-day time period.... Employers shall report to DOLI within 24 hours of the discovery of three or more of its own employees

Enforcement: Violations of the standard cited and penalized under section 40.1-49.4 (Ex. DUT-VA-006)

Citation: Virginia Department of Labor and Industry, Virginia Occupational Safety and Health (VOSH) program, DOLI, 'Coronavirus (COVID-19) ETS FAQs' page: Frequently Asked Questions on 16VAC25-220, with the Department's notices of the standard's effective dates and of the 24-hour outbreak-reporting duties under 16VAC25-220-40.B.7.d and.e (page as captured February 1, 2021) (July 27, 2020) (Ex. DUT-VA-008) Open the exhibit

Ex. DUT-VA-009

Va. Code section 8.01-225.03, Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers during a disaster under specific circumstances (text as it stood in 2021, before the 2024 amendments)

Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers during a disaster under specific circumstances

General Assembly of Virginia (Code of Virginia, Title 8.01, Chapter 3), Virginia (State)

Dates: Standing (2020-10-13 (in force from passage); applies to causes of action arising between March 12, 2020 and the end of the EO 51 state of emergency)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Health care ordersOperating conditionOther
Character: liability shield condition
Grade: Primary source read

shall not be liable for any injury or wrongful death... arising from the delivery or withholding of care when the emergency and subsequent conditions caused by the emergency result in a lack of resources, attributable to the disaster, that render such hospice, home care organization, private provider... unable to provide the level or manner of care that otherwise would have been required

Enforcement: None; a conditioned immunity (the condition is the disaster-caused lack of resources and the absence of gross negligence or willful misconduct)

Citation: General Assembly of Virginia (Code of Virginia, Title 8.01, Chapter 3), Va. Code section 8.01-225.03, Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers during a disaster under specific circumstances (text as it stood in 2021, before the 2024 amendments) (Oct. 13, 2020) (Ex. DUT-VA-009) Open the exhibit

Ex. DUT-VA-010

2020 Acts of Assembly, Special Session I, Chapter 6 (House Bill 5059), An Act to amend the Code of Virginia by adding a section numbered 8.01-225.03, relating to certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency

An Act to amend the Code of Virginia by adding a section numbered 8.01-225.03, relating to certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency

General Assembly of Virginia (2020 Special Session I); approved by Governor Ralph S. Northam, Virginia (State)

Dates: Standing (2020-10-13 (emergency clause: 'in force from its passage'))
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Health care ordersOperating conditionOther
Character: liability shield condition
Grade: Primary source read

In the absence of gross negligence or willful misconduct, any (i) hospice..., (ii) home care organization..., (iii) private provider..., (iv) assisted living facility..., or (v) adult day care center... shall not be liable... when the emergency and subsequent conditions caused by the emergency result in a lack of resources, attributable to the disaster

Enforcement: None; a conditioned immunity

Citation: General Assembly of Virginia (2020 Special Session I); approved by Governor Ralph S. Northam, 2020 Acts of Assembly, Special Session I, Chapter 6 (House Bill 5059), An Act to amend the Code of Virginia by adding a section numbered 8.01-225.03, relating to certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency (standing) (Ex. DUT-VA-010) Open the exhibit

Ex. DUT-VA-011

Executive Order Number Sixty (2020), Clarification of Certain Immunity From Liability for Healthcare Providers in Response to Novel Coronavirus (COVID-19)

Clarification of Certain Immunity From Liability for Healthcare Providers in Response to Novel Coronavirus (COVID-19)

Governor Ralph S. Northam, Virginia (State)

Dates: Standing (2020-04-28)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersOperating condition
Character: liability shield condition
Grade: Primary source read

'Responds to a disaster' includes but is not limited to, pursuant to Order of Public Health Emergency Two as amended, temporary withholding of the provision of procedures, consultations or surgeries... that require PPE, the delay of which was not anticipated to cause harm to the patient

Enforcement: None; a conditioned immunity tied to compliance with the Commissioner's order and to disaster-caused resource shortages

Citation: Governor Ralph S. Northam, Executive Order Number Sixty (2020), Clarification of Certain Immunity From Liability for Healthcare Providers in Response to Novel Coronavirus (COVID-19) (Apr. 28, 2020) (Ex. DUT-VA-011) Open the exhibit

Ex. DUT-VA-012

Va. Code Title 35.1, Chapter 1 (sections 35.1-1 to 35.1-10), including section 35.1-7 (Penalties, injunctions, civil penalties and charges for violations) and section 35.1-10 (Measures to prevent transmission of disease)

Code of Virginia, Title 35.1, Chapter 1, General Provisions (full chapter text)

General Assembly of Virginia (Code of Virginia, Title 35.1, Hotels, Restaurants, Summer Camps, and Campgrounds, Chapter 1, General Provisions), Virginia (State)

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

Nothing in this title applicable to restaurants shall prevent the Commissioner from taking whatever action he deems necessary to control the spread of preventable diseases as set forth in Title 32.1, including but not limited to the exclusion of employees, the medical examination of any employee, the immediate closing of a hotel, restaurant, summer camp, or campground

Enforcement: Section 35.1-7: willful violation of any Board or Commissioner regulation or order a Class 3 misdemeanor, 'Each day of violation shall constitute a separate offense'; injunction or mandamus; civil penalty not to exceed $10,000 for each violation of an injunction, each day a separate offense; civil charges by consent

Citation: General Assembly of Virginia (Code of Virginia, Title 35.1, Hotels, Restaurants, Summer Camps, and Campgrounds, Chapter 1, General Provisions), Va. Code Title 35.1, Chapter 1 (sections 35.1-1 to 35.1-10), including section 35.1-7 (Penalties, injunctions, civil penalties and charges for violations) and section 35.1-10 (Measures to prevent transmission of disease) (standing) (Ex. DUT-VA-012) Open the exhibit

Ex. DUT-VA-013

12VAC5-421-3770, Summary suspension of a permit (Food Regulations), text as in force in 2020

12VAC5-421-3770. Summary Suspension of a Permit

State Board of Health (Virginia Department of Health), Virginia (State)

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

The director may summarily suspend a permit to operate a restaurant if the director finds the continued operation constitutes a substantial and imminent threat to the public health... Upon receipt of such notice that a permit is suspended, the permit holder shall cease food operations immediately and begin corrective action.

Enforcement: Summary suspension of the operating permit; cessation of food operations; informal fact-finding conference within three working days on request; suspension sustained if no request within 10 working days

Citation: State Board of Health (Virginia Department of Health), 12VAC5-421-3770, Summary suspension of a permit (Food Regulations), text as in force in 2020 (standing) (Ex. DUT-VA-013) Open the exhibit

Ex. DUT-VA-014

Forward Virginia (Safer at Home: Phase One), Guidelines for All Business Sectors and sector-specific guidelines (restaurants and beverage services, farmers markets, brick-and-mortar retail, fitness and exercise facilities, personal care and grooming, campgrounds, and others)

Safer at Home: Phase One, Guidelines for All Business Sectors (Virginia Forward Phase One Business Sector Guidelines)

Governor Ralph S. Northam (Office of the Governor), with the Virginia Department of Health, Virginia (State)

Dates: Standing (2020-05-15 (with EO 61; Northern Virginia, Richmond and Accomack from May 29, 2020))
Quarters: 2020 Q2
Limitations: Capacity limitGathering capFace-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Primary source read

Establishments must either implement the following mandatory requirements or close. Mandatory Requirements: Businesses must strictly adhere to the physical distancing guidelines, enhanced cleaning and disinfection practices, and enhanced workplace safety practices provided in the 'Guidelines for All Business Sectors' document.

Enforcement: Through EO 61/PHE Three: willful violation a Class 1 misdemeanor under section 32.1-27; injunction; enforcement by VDH and 'any agency with regulatory authority over a business' (Ex. VA-010); the guidelines' own sanction is closure ('or close')

Citation: Governor Ralph S. Northam (Office of the Governor), with the Virginia Department of Health, Forward Virginia (Safer at Home: Phase One), Guidelines for All Business Sectors and sector-specific guidelines (restaurants and beverage services, farmers markets, brick-and-mortar retail, fitness and exercise facilities, personal care and grooming, campgrounds, and others) (May 8, 2020) (Ex. DUT-VA-014) Open the exhibit

Ex. DUT-VA-015

Forward Virginia (Safer at Home: Phase Three), Guidelines for All Business Sectors and sector-specific guidelines

Safer at Home: Phase Three, Guidelines for All Business Sectors (Forward Virginia Phase Three Guidelines)

Governor Ralph S. Northam (Office of the Governor), with the Virginia Department of Health, Virginia (State)

Dates: Standing (2020-07-01 (with EO 67))
Quarters: 2020 Q32020 Q4
Limitations: Capacity limitGathering capFace-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Primary source read

Establishments must either implement the following mandatory requirements or close. Mandatory Requirements: Businesses must strictly adhere to the physical distancing guidelines, enhanced cleaning and disinfection practices, and enhanced workplace safety practices provided in the 'Guidelines for All Business Sectors' document.

Enforcement: Through EO 67/PHE Seven and EO 72/PHE Nine: willful violation a Class 1 misdemeanor under section 32.1-27; injunction; enforcement by VDH, ABC and, under EO 72, DOLI (section 40.1-51.1), DPOR and VDACS (Exs. VA-014, VA-016); the guidelines' own sanction is closure

Citation: Governor Ralph S. Northam (Office of the Governor), with the Virginia Department of Health, Forward Virginia (Safer at Home: Phase Three), Guidelines for All Business Sectors and sector-specific guidelines (June 30, 2020) (Ex. DUT-VA-015) Open the exhibit

Ex. DUT-VA-016

FAQ on Executive Order 63 and Order of Public Health Emergency 5 (face coverings)

Frequently Asked Questions on Executive Order 63 and Order of Public Health Emergency Five

Office of the Governor and Virginia Department of Health, Virginia (State)

Dates: Standing (2020-05-29 (with EO 63))
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Face-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Primary source read

Can a business turn me away if I don't have a face covering? Yes. Businesses may not allow you to enter an establishment where a face covering is required in order to keep other customers and employees safe.... In the case of egregious violations VDH can enforce through a court-issued injunction (civil) or summons and warrant, which are punishable as a Class One misdemeanor.

Enforcement: VDH enforcement: injunction under section 32.1-27, or summons and warrant for a Class 1 misdemeanor; no criminal penalty for minors

Citation: Office of the Governor and Virginia Department of Health, FAQ on Executive Order 63 and Order of Public Health Emergency 5 (face coverings) (May 29, 2020) (Ex. DUT-VA-016) Open the exhibit

Ex. DUT-VA-017

Frequently Asked Questions Regarding Executive Order Fifty-Three

Office of the Governor (document hosted by the Virginia Department of Labor and Industry), Virginia (State)

Dates: Standing (2020-03-24 11:59 p.m. (EO 53), 'until Thursday, April 23 at 11:59 PM' as the FAQ states, later extended to May 14, 2020)
Quarters: 2020 Q2
Limitations: Business closureTelework mandateCapacity limitGathering capWorkplace rules
Character: guidance incorporated
Grade: Primary source read

Non-essential retail businesses must limit their operations to ten patrons or less with adequate social distancing. If they cannot limit their operations to 10 patrons or less with adequate social distancing, then they must close.... Where telework is not feasible, such businesses must adhere to social distancing recommendations, enhanced sanitizing practices on common surfaces

Enforcement: Class 1 misdemeanor under section 44-146.17 (EO 53 paragraphs 1, 3, 4 and 6)

Citation: Office of the Governor (document hosted by the Virginia Department of Labor and Industry), Frequently Asked Questions Regarding Executive Order Fifty-Three (Apr. 13, 2020) (Ex. DUT-VA-017) Open the exhibit

Ex. DUT-VA-018

Tigges v. Northam, Memorandum Order denying the motion for a preliminary injunction (Dk. No. 19), Civil Action No. 3:20-cv-410

Tigges v. Northam, 473 F. Supp. 3d 559 (E.D. Va. 2020)

John A. Gibney, Jr., United States District Judge, Virginia (United States District Court for the Eastern District of Virginia, Richmond Division) (Court)

Dates: Standing (2020-07-21)
Quarters: 2020 Q3
Limitations: Capacity limitGathering capFace-covering requirementOperating conditionOther
Character: adjudication
Grade: Primary source read

Tigges may provide indoor and outdoor service at Zion Springs, provided that he complies with the other restrictions set forth in the Phase Three Order. He may host events involving 250 or fewer individuals. Employees working in customer-facing areas must wear a face covering.... patrons spending time indoors at Zion Springs must wear a face covering as provided in the Face Covering Order.

Enforcement: Not a penalty instrument; it left the orders and their Class 1 misdemeanor enforcement in force

Citation: John A. Gibney, Jr., United States District Judge, Tigges v. Northam, Memorandum Order denying the motion for a preliminary injunction (Dk. No. 19), Civil Action No. 3:20-cv-410 (July 21, 2020) (Ex. DUT-VA-018) Open the exhibit

Ex. DUT-VA-019

Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, Tigges v. Northam, No. 3:20-cv-00410-JAG (E.D. Va.), Document 13 (filed July 8, 2020), 35 pages

Opposition to Motion for Preliminary Injunction, Tigges v. Northam, Civil Action No. 3:20-cv-00410-JAG (E.D. Va. July 8, 2020)

Commonwealth of Virginia, Office of the Attorney General (Michelle S. Kallen and Toby J. Heytens), for Governor Northam and State Health Commissioner Oliver, Virginia (United States District Court for the Eastern District of Virginia, Richmond Division) (Court)

Dates: Standing (2020-07-08)
Quarters: 2020 Q22020 Q3
Limitations: Business closureCapacity limitGathering capOther
Character: litigation filing
Grade: Primary source read

Numerous Virginia courts have rejected the claim that the Governor and State Health Commissioner's orders exceeded their authority under state law. See, e.g., Hall v. Northam, Case No. CL2000632-00 (Culpeper Cty. Cir. Ct. Apr. 30, 2020)... (Governor did not exceed his authority under State law in ordering certain businesses to close) (pet. for rev denied May 19, 2020)

Enforcement: Not a penalty instrument; it defends orders whose violation was a Class 1 misdemeanor under section 44-146.17 and section 32.1-27

Citation: Commonwealth of Virginia, Office of the Attorney General (Michelle S. Kallen and Toby J. Heytens), for Governor Northam and State Health Commissioner Oliver, Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, Tigges v. Northam, No. 3:20-cv-00410-JAG (E.D. Va.), Document 13 (filed July 8, 2020), 35 pages (Ex. DUT-VA-019) Open the exhibit

Ex. DUT-VA-020

Belle Garden Estate, LLC v. Northam, Memorandum Opinion denying a preliminary injunction (ECF No. 24), Civil Action No. 7:21-cv-00135

Belle Garden Estate, LLC v. Northam, No. 7:21cv00135 (W.D. Va. Mar. 26, 2021)

Thomas T. Cullen, United States District Judge, Virginia (United States District Court for the Western District of Virginia, Roanoke Division) (Court)

Dates: Standing (2021-03-26)
Quarters: 2021 Q12021 Q2
Limitations: Capacity limitGathering capEvents and venuesOperating condition
Character: adjudication
Grade: Primary source read

Belle Garden is unlikely to succeed on the merits of its First and Fourteenth Amendment claims, has not pleaded irreparable harm, and has failed to demonstrate that the equities or public interest weigh in favor of an injunction. The court will therefore deny its motion.

Enforcement: Not a penalty instrument; it left EO 72 and its Class 1 misdemeanor enforcement in force

Citation: Thomas T. Cullen, United States District Judge, Belle Garden Estate, LLC v. Northam, Memorandum Opinion denying a preliminary injunction (ECF No. 24), Civil Action No. 7:21-cv-00135 (Mar. 26, 2021) (Ex. DUT-VA-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 Virginia 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 252 instruments in force for this selection: 19 instruments from the State of Virginia (Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 62 and Order of Public Health Emergency Four (May 12, 2020) (Ex. VA-011); Governor Ralph S. Northam, Executive Order 53 (2020) (Mar. 23, 2020) (Ex. VA-004); Governor Ralph S. Northam, Executive Order 55 (2020) (Mar. 30, 2020) (Ex. VA-006); and 16 more), 14 instruments from the agencies, boards and authorities of Virginia (Board for Barbers and Cosmetology, DPOR, Resources for Licensees during COVID-19 Outbreak (Board for Barbers and Cosmetology page, Mar. 23, 2020) (Ex. AGY-ST-TRADE-BOARDS-025); Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076); Virginia DPOR, DPOR 'Novel Coronavirus (COVID-19) Information and Resources' page (Governor Northam orders statewide closure of certain non-essential businesses; DPOR-regulated businesses that must close; offices closed; waivers; examination services updates), as archived Apr. 4, 2020 (Mar. 24, 2020) (Ex. AGY-ST-TRADE-BOARDS-021); and 11 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 40 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 38 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 (Ex. VA-010); PE (Ex. VA-010); SF (Ex. VA-010); CB (Ex. AGY-ST-ALCOHOL-076); FC (Ex. VA-010); GATH (Ex. VA-010); BA (Ex. AGY-ST-ALCOHOL-076); CB customer base (Ex. VA-004); DR dining room (Ex. VA-004); GATH events (Ex. VA-004).

Step three, the change compelled. Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 62 and Order of Public Health Emergency Four (May 12, 2020) (Ex. VA-011) ordered: "the Northern Virginia Region... shall remain in Phase Zero, with the restrictions of Executive Order 53 and Executive Order 55 continuing to apply, until 11:59 p.m., May 28, 2020" Enforcement: As under EO 53 and EO 55 (Class 1 misdemeanor, § 44-146.17) Governor Ralph S. Northam, Executive Order 53 (2020) (Mar. 23, 2020) (Ex. VA-004) ordered: "1.... all public and private in person gatherings of 10 or more individuals are prohibited. 2. Cessation of all in-person instruction at K-12 schools, public and private, for the remainder of the 2019-2020 school year. Facilities providing child care services may remain open.... 3. Closure of all…" Enforcement: Violation of paragraphs 1, 3, 4 and 6 is a Class 1 misdemeanor pursuant to § 44-146.17 Governor Ralph S. Northam, Executive Order 55 (2020) (Mar. 30, 2020) (Ex. VA-006) ordered: "1. All individuals in Virginia shall remain at their place of residence, except as provided below by this Order and Executive Order 53.... Individuals may leave their residences for the purpose of: a. Obtaining food, beverages, goods, or services as permitted in Executive Order 53; b. Seeking…" Enforcement: Violation of paragraphs 2, 3, 4 and 5 is a Class 1 misdemeanor pursuant to § 44-146.17 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 62 and Order of Public Health Emergency Four (Ex. VA-011) was in force from May 15, 2020 to May 28, 2020, 14 of the quarter's 110 days; Executive Order 53 (2020) (Ex. VA-004) was in force from Mar. 24, 2020 to Apr. 23, 2020, 31 of the quarter's 110 days; Executive Order 55 (2020) (Ex. VA-006) was in force from Mar. 30, 2020 to June 10, 2020, 73 of the quarter's 110 days. Of the 33 instruments in the quarter's record, 6 were in force on its first day, 19 on its last day and 5 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 232 instruments in force for this selection: 15 instruments from the State of Virginia (Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 67 and Order of Public Health Emergency Seven (June 30, 2020) (Ex. VA-014); Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 68 and Order of Public Health Emergency Eight (July 28, 2020) (Ex. VA-015); Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Executive Order 68 and Order of Public Health Emergency Eight (Aug. 3, 2020) (Ex. VA-046); and 12 more), 9 instruments from the agencies, boards and authorities of Virginia (Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076); General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048); Virginia Alcoholic Beverage Control Authority, Bureau of Law Enforcement (Travis G. Hill, Chief Executive Officer), VA ABC Bureau of Law Enforcement COVID-19 Response, Licensee Topics (version 15, September 29, 2020) (Sept. 29, 2020) (Ex. AGY-ST-ALCOHOL-077); and 6 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 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: DR (Ex. VA-014); BA (Ex. VA-014); GATH (Ex. VA-014); PE (Ex. VA-014); SF (Ex. VA-014); OP (Ex. AGY-ST-ALCOHOL-077); SL (Ex. VA-014); CB (Ex. AGY-ST-ALCOHOL-076); FC (Ex. VA-014); SC (Ex. AGY-ST-ALCOHOL-076).

Step three, the change compelled. Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 67 and Order of Public Health Emergency Seven (June 30, 2020) (Ex. VA-014) ordered: "The total number of attendees (including both participants and spectators) cannot exceed the lesser of 50% of the lowest occupancy load on the certificate of occupancy, if applicable, or 1000 persons.... All public and private in-person gatherings of more than 250 individuals are prohibited....…" Enforcement: VDH and ABC enforce business restrictions (Class 1 misdemeanor under § 32.1-27; injunctive relief); gathering violations Class 1 misdemeanor under § 44-146.17… Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076) ordered: "Beginning March 20, through regulatory guidance enabled by Executive Order 51, businesses with strictly on-premise privileges (restaurants and other eat-in establishments) were allowed to exercise off-premise privileges under a general permit.... Beginning April 8, Governor Northam announced a major…" Enforcement: Va. Code § 4.1-225 (suspension and revocation) Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 68 and Order of Public Health Emergency Eight (July 28, 2020) (Ex. VA-015) ordered: "a. No alcoholic beverage shall be sold, consumed, or possessed on premises after 10 p.m. in any restaurant, dining establishment, food court, brewery, microbrewery, distillery, winery, or tasting room.... b. All restaurants... must close no later than 12 a.m. c. Indoor dining... may not exceed 50%…" Enforcement: ABC and VDH enforce ¶ 1 (Class 1 misdemeanor under § 32.1-27; injunctive relief); ¶ 2 violations Class 1 misdemeanor under § 44-146.17 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 67 and Order of Public Health Emergency Seven (Ex. VA-014) was in force from July 1, 2020 to Dec. 13, 2020, 92 of the quarter's 92 days; Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (Ex. AGY-ST-ALCOHOL-076) was in force from Mar. 20, 2020 to June 30, 2021, 92 of the quarter's 92 days; Executive Order 68 and Order of Public Health Emergency Eight (Ex. VA-015) was in force from July 31, 2020 to Sept. 10, 2020, 42 of the quarter's 92 days. Of the 24 instruments in the quarter's record, 16 were in force on its first day, 18 on its last day and 14 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 230 instruments in force for this selection: 13 instruments from the State of Virginia (Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 72 and Order of Public Health Emergency Nine (Dec. 10, 2020) (Ex. VA-016); Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 67 and Order of Public Health Emergency Seven (June 30, 2020) (Ex. VA-014); Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Third Amended Executive Order 67 and Order of Public Health Emergency Seven (Sept. 10, 2020) (Ex. VA-025); and 10 more), 9 instruments from the agencies, boards and authorities of Virginia (Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076); General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048); Virginia Alcoholic Beverage Control Authority, Bureau of Law Enforcement (Travis G. Hill, Chief Executive Officer), VA ABC Bureau of Law Enforcement COVID-19 Response, Licensee Topics (version 15, September 29, 2020) (Sept. 29, 2020) (Ex. AGY-ST-ALCOHOL-077); and 6 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 48 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 46 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: DR (Ex. VA-016); PE (Ex. VA-016); BA (Ex. VA-016); GATH (Ex. VA-016); SF (Ex. VA-016); SL (Ex. VA-016); SP (Ex. VA-016); FC (Ex. VA-016); OP (Ex. AGY-ST-ALCOHOL-077); WF (Ex. VA-016).

Step three, the change compelled. Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 72 and Order of Public Health Emergency Nine (Dec. 10, 2020) (Ex. VA-016) ordered: "I. MODIFIED STAY AT HOME ORDER. All individuals in Virginia should remain at their place of residence between the hours of 12:00 a.m. and 5:00 a.m.... [Restaurants:] a. No alcoholic beverage shall be sold, consumed, or possessed on premises after 10:00 p.m.... b. Closure of all dining and…" Enforcement: VDH and ABC enforce business restrictions and § III (Class 1 misdemeanor under § 32.1-27; injunctive relief); DOLI (§ 40.1-51.1), DPOR (18 VAC 41-20-280) and… Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 67 and Order of Public Health Emergency Seven (June 30, 2020) (Ex. VA-014) ordered: "The total number of attendees (including both participants and spectators) cannot exceed the lesser of 50% of the lowest occupancy load on the certificate of occupancy, if applicable, or 1000 persons.... All public and private in-person gatherings of more than 250 individuals are prohibited....…" Enforcement: VDH and ABC enforce business restrictions (Class 1 misdemeanor under § 32.1-27; injunctive relief); gathering violations Class 1 misdemeanor under § 44-146.17… Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076) ordered: "Beginning March 20, through regulatory guidance enabled by Executive Order 51, businesses with strictly on-premise privileges (restaurants and other eat-in establishments) were allowed to exercise off-premise privileges under a general permit.... Beginning April 8, Governor Northam announced a major…" Enforcement: Va. Code § 4.1-225 (suspension and revocation) 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 72 and Order of Public Health Emergency Nine (Ex. VA-016) was in force from Dec. 14, 2020 to June 30, 2021, 18 of the quarter's 92 days; Executive Order 67 and Order of Public Health Emergency Seven (Ex. VA-014) was in force from July 1, 2020 to Dec. 13, 2020, 74 of the quarter's 92 days; Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (Ex. AGY-ST-ALCOHOL-076) was in force from Mar. 20, 2020 to June 30, 2021, 92 of the quarter's 92 days. Of the 22 instruments in the quarter's record, 18 were in force on its first day, 16 on its last day and 15 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of 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 236 instruments in force for this selection: 11 instruments from the State of Virginia (Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 72 and Order of Public Health Emergency Nine (Dec. 10, 2020) (Ex. VA-016); Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Executive Order 72 and Order of Public Health Emergency Nine (First Amended) (Jan. 27, 2021) (Ex. VA-026); Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Second Amended Executive Order 72 and Order of Public Health Emergency Nine (Feb. 17, 2021) (Ex. VA-027); and 8 more), 8 instruments from the agencies, boards and authorities of Virginia (Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076); General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048); Virginia Alcoholic Beverage Control Authority, Bureau of Law Enforcement (Travis G. Hill, Chief Executive Officer), VA ABC Bureau of Law Enforcement COVID-19 Response, Licensee Topics (version 15, September 29, 2020) (Sept. 29, 2020) (Ex. AGY-ST-ALCOHOL-077); and 5 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 42 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 40 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 (Ex. VA-016); BA (Ex. VA-016); OP (Ex. AGY-ST-ALCOHOL-077); GATH (Ex. VA-016); SF (Ex. VA-016); WF (Ex. VA-016); FC (Ex. VA-016); HR (Ex. VA-036); PE (Ex. VA-016); SC (Ex. AGY-ST-ALCOHOL-076).

Step three, the change compelled. Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 72 and Order of Public Health Emergency Nine (Dec. 10, 2020) (Ex. VA-016) ordered: "I. MODIFIED STAY AT HOME ORDER. All individuals in Virginia should remain at their place of residence between the hours of 12:00 a.m. and 5:00 a.m.... [Restaurants:] a. No alcoholic beverage shall be sold, consumed, or possessed on premises after 10:00 p.m.... b. Closure of all dining and…" Enforcement: VDH and ABC enforce business restrictions and § III (Class 1 misdemeanor under § 32.1-27; injunctive relief); DOLI (§ 40.1-51.1), DPOR (18 VAC 41-20-280) and… Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Executive Order 72 and Order of Public Health Emergency Nine (First Amended) (Jan. 27, 2021) (Ex. VA-026) ordered: "This Order is in furtherance of Amended Executive Order 51 (2020). Further, this Order shall be effective immediately and shall remain in full force and effect until 11:59 p.m., February 28, 2021." Enforcement: As in EO 72 Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Second Amended Executive Order 72 and Order of Public Health Emergency Nine (Feb. 17, 2021) (Ex. VA-027) ordered: "13. Recreational Sports... a. For sports played indoors, spectators must be limited to 25 persons per field. For sports played outdoors the total number of spectators cannot exceed... the lesser of 30 percent of the occupancy load of the certificate of occupancy for the venue or 250 spectators per…" Enforcement: As in EO 72 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. Executive Order 72 and Order of Public Health Emergency Nine (Ex. VA-016) was in force from Dec. 14, 2020 to June 30, 2021, 90 of the quarter's 90 days; Amended Executive Order 72 and Order of Public Health Emergency Nine (First Amended) (Ex. VA-026) was in force from Jan. 27, 2021 to Feb. 28, 2021, 33 of the quarter's 90 days; Second Amended Executive Order 72 and Order of Public Health Emergency Nine (Ex. VA-027) was in force from Feb. 17, 2021 to Feb. 28, 2021, 12 of the quarter's 90 days. Of the 19 instruments in the quarter's record, 15 were in force on its first day, 15 on its last day and 13 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the 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 232 instruments in force for this selection: 13 instruments from the State of Virginia (Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 72 and Order of Public Health Emergency Nine (Dec. 10, 2020) (Ex. VA-016); Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Fourth Amended Executive Order 72 and Order of Public Health Emergency Nine (Mar. 23, 2021) (Ex. VA-034); Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Fifth Amended Executive Order 72 and Order of Public Health Emergency Nine (Apr. 21, 2021) (Ex. VA-030); and 10 more), 7 instruments from the agencies, boards and authorities of Virginia (Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076); General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048); Virginia Alcoholic Beverage Control Authority, Bureau of Law Enforcement (Travis G. Hill, Chief Executive Officer), VA ABC Bureau of Law Enforcement COVID-19 Response, Licensee Topics (version 15, September 29, 2020) (Sept. 29, 2020) (Ex. AGY-ST-ALCOHOL-077); and 4 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 47 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 45 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: GATH (Ex. VA-016); PE (Ex. VA-016); SP (Ex. VA-016); BA (Ex. VA-016); DR (Ex. VA-016); MC (Ex. VA-016); WF (Ex. VA-016); FC (Ex. VA-016); OP (Ex. AGY-ST-ALCOHOL-077); SC (Ex. AGY-ST-ALCOHOL-076).

Step three, the change compelled. Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 72 and Order of Public Health Emergency Nine (Dec. 10, 2020) (Ex. VA-016) ordered: "I. MODIFIED STAY AT HOME ORDER. All individuals in Virginia should remain at their place of residence between the hours of 12:00 a.m. and 5:00 a.m.... [Restaurants:] a. No alcoholic beverage shall be sold, consumed, or possessed on premises after 10:00 p.m.... b. Closure of all dining and…" Enforcement: VDH and ABC enforce business restrictions and § III (Class 1 misdemeanor under § 32.1-27; injunctive relief); DOLI (§ 40.1-51.1), DPOR (18 VAC 41-20-280) and… Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076) ordered: "Beginning March 20, through regulatory guidance enabled by Executive Order 51, businesses with strictly on-premise privileges (restaurants and other eat-in establishments) were allowed to exercise off-premise privileges under a general permit.... Beginning April 8, Governor Northam announced a major…" Enforcement: Va. Code § 4.1-225 (suspension and revocation) Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Fourth Amended Executive Order 72 and Order of Public Health Emergency Nine (Mar. 23, 2021) (Ex. VA-034) ordered: "All public and private in-person gatherings of more than 50 individuals indoors and 100 [outdoors]... are prohibited.... The total number of spectators indoors cannot exceed the lesser of 30 percent of the lowest occupancy load... For... fitness classes held outdoors, the total number of attendees…" Enforcement: As in EO 72 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Apr. 1, 2021 to June 30, 2021, 91 days. Executive Order 72 and Order of Public Health Emergency Nine (Ex. VA-016) was in force from Dec. 14, 2020 to June 30, 2021, 91 of the quarter's 91 days; Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (Ex. AGY-ST-ALCOHOL-076) was in force from Mar. 20, 2020 to June 30, 2021, 91 of the quarter's 91 days; Fourth Amended Executive Order 72 and Order of Public Health Emergency Nine (Ex. VA-034) was in force from Apr. 1, 2021 to Apr. 21, 2021, 21 of the quarter's 91 days. Of the 20 instruments in the quarter's record, 15 were in force on its first day, 17 on its last day and 14 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

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

Step one, the orders. In the third quarter of 2021 the Library holds 220 instruments in force for this selection: 8 instruments from the State of Virginia (Supreme Court of Virginia, Twenty-Sixth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency (Aug. 4, 2021) (Ex. VA-041); Supreme Court of Virginia, Twenty-Eighth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency (Sept. 20, 2021) (Ex. VA-042); Supreme Court of Virginia, Order Declaring a Judicial Emergency in Response to COVID-19 Emergency (Mar. 16, 2020) (Ex. VA-039); and 5 more), 7 instruments from the agencies, boards and authorities of Virginia (General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048); DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations that Prohibit or Limit Online, Electronic, or Distance Theoretical Instruction (effective Mar. 13, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-024); DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Validity of Expired Licenses, Certifications, Registrations and Other Authorizations (effective Mar. 18, 2020; amended Mar. 24, 2021) (Ex. AGY-ST-TRADE-BOARDS-022); and 4 more), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 38 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 36 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: HR (Ex. VA-037); WF (Ex. VA-037); IN in-person instruction (Ex. VA-043); CL closings (Ex. VA-041); CT courts and clerks (Ex. VA-041); OP (Ex. AGY-ST-TRADE-BOARDS-023); PJ (Ex. VA-041); WF workforce (Ex. VA-043); all workplace functions (Ex. VA-037); AC (Ex. VA-044).

Step three, the change compelled. Supreme Court of Virginia, Twenty-Sixth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency (Aug. 4, 2021) (Ex. VA-041) ordered: "Chief judges and presiding judges of all courts should exercise their discretion in determining how best to safely operate their respective courts, including how to safely conduct jury trials, and, in doing so, may follow the guidance of the Centers for Disease Control and Prevention (CDC), and the…" Enforcement: Order of the Supreme Court binding on all courts Supreme Court of Virginia, Twenty-Eighth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency (Sept. 20, 2021) (Ex. VA-042) ordered: "The ongoing judicial emergency caused by the COVID-19 pandemic continues to impede the operation of Virginia's courts... 1. Safety Protocols... may follow the guidance of the Centers for Disease Control and Prevention (CDC), and the Virginia Department of Health, with respect to safety protocols…" Enforcement: Order of the Supreme Court binding on all courts General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048) ordered: "'Electronic notarial act' or 'electronic notarization' means an official act by a notary under sec. 47.1-12 or as otherwise authorized by law that involves electronic documents." Enforcement: Statute; Secretary of the Commonwealth registration 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. Twenty-Sixth Order Extending Declaration of Judicial Emergency in Response to COVID-19… (Ex. VA-041) was in force from Aug. 12, 2021 to Sept. 1, 2021, 21 of the quarter's 92 days; Twenty-Eighth Order Extending Declaration of Judicial Emergency in Response to COVID-19… (Ex. VA-042) was in force from Sept. 23, 2021 to Oct. 13, 2021, 8 of the quarter's 92 days; Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State… (Ex. AGY-ST-DMV-SOS-RECORDERS-048) was in force from July 1, 2012 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 15 instruments in the quarter's record, 7 were in force on its first day, 10 on its last day and 4 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: 387 records, of which The COVID Project holds the document for 378. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-052	'COVID-19 Vaccination Requirement for Staff' (Aug. 23, 2021)	Fairfax County Public Schools (Superintendent Brabrand; School Board)	Aug. 23, 2021	Fairfax County Public Schools (Superintendent Brabrand; School Board), 'COVID-19 Vaccination Requirement for Staff' (Aug. 23, 2021) (Ex. AGY-LOCAL-DISTRICTS-AUTHORITIES-052)	/library/AGY-LOCAL-DISTRICTS-AUTHORITIES-052	/exhibit/AGY-LOCAL-DISTRICTS-AUTHORITIES-052
Ex. AGY-ST-ALCOHOL-076	Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020)	Virginia Alcoholic Beverage Control Authority	May 18, 2020	Virginia Alcoholic Beverage Control Authority, Virginia ABC, COVID-19 Licensee and Regulation Items (Rev. 05.18.2020) (May 18, 2020) (Ex. AGY-ST-ALCOHOL-076)	/library/AGY-ST-ALCOHOL-076	/exhibit/AGY-ST-ALCOHOL-076
Ex. AGY-ST-ALCOHOL-077	VA ABC Bureau of Law Enforcement COVID-19 Response, Licensee Topics (version 15, September 29, 2020)	Virginia Alcoholic Beverage Control Authority, Bureau of Law Enforcement (Travis G. Hill, Chief Executive Officer)	Sept. 29, 2020	Virginia Alcoholic Beverage Control Authority, Bureau of Law Enforcement (Travis G. Hill, Chief Executive Officer), VA ABC Bureau of Law Enforcement COVID-19 Response, Licensee Topics (version 15, September 29, 2020) (Sept. 29, 2020) (Ex. AGY-ST-ALCOHOL-077)	/library/AGY-ST-ALCOHOL-077	/exhibit/AGY-ST-ALCOHOL-077
Ex. AGY-ST-DMV-SOS-RECORDERS-048	Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners)	General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts)	July 1, 2012	General Assembly of Virginia (Va. Code sec. 47.1-2 as amended by 2011 Acts cc. 731, 834 and later acts), Va. Code Ann. sec. 47.1-2 (Definitions), Title 47.1 (Notaries and Out-of-State Commissioners) (July 1, 2012) (Ex. AGY-ST-DMV-SOS-RECORDERS-048)	/library/AGY-ST-DMV-SOS-RECORDERS-048	/exhibit/AGY-ST-DMV-SOS-RECORDERS-048
Ex. AGY-ST-EDUCATION-HIGHER-ED-029	State Health Commissioner Order of Public Health Emergency, Statewide Requirement To Wear Masks In K-12 Schools (Order of Public Health Emergency Ten)	M. Norman Oliver, M.D., M.A., State Health Commissioner	Aug. 12, 2021	M. Norman Oliver, M.D., M.A., State Health Commissioner, State Health Commissioner Order of Public Health Emergency, Statewide Requirement To Wear Masks In K-12 Schools (Order of Public Health Emergency Ten) (Aug. 12, 2021) (Ex. AGY-ST-EDUCATION-HIGHER-ED-029)	/library/AGY-ST-EDUCATION-HIGHER-ED-029	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-029
Ex. AGY-ST-LABOR-WORKPLACE-001	Briefing Package: Emergency Temporary Standard / Emergency Regulation, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220 (Board…	Virginia Department of Labor and Industry for the Safety and Health Codes Board	June 23, 2020	Virginia Department of Labor and Industry for the Safety and Health Codes Board, Briefing Package: Emergency Temporary Standard / Emergency Regulation, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19, 16VAC25-220 (Board meeting June 24, 2020, continued June 29 and July 15, 2020) (June 23, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-001)	/library/AGY-ST-LABOR-WORKPLACE-001	/exhibit/AGY-ST-LABOR-WORKPLACE-001
Ex. AGY-ST-TRADE-BOARDS-021	DPOR 'Novel Coronavirus (COVID-19) Information and Resources' page (Governor Northam orders statewide closure of certain non-essential businesses…	Virginia DPOR	Mar. 24, 2020	Virginia DPOR, DPOR 'Novel Coronavirus (COVID-19) Information and Resources' page (Governor Northam orders statewide closure of certain non-essential businesses; DPOR-regulated businesses that must close; offices closed; waivers; examination services updates), as archived Apr. 4, 2020 (Mar. 24, 2020) (Ex. AGY-ST-TRADE-BOARDS-021)	/library/AGY-ST-TRADE-BOARDS-021	/exhibit/AGY-ST-TRADE-BOARDS-021
Ex. AGY-ST-TRADE-BOARDS-022	Temporary Waiver of Regulations to Extend Validity of Expired Licenses, Certifications, Registrations and Other Authorizations (effective Mar. 18, 2020; amended…	DPOR Director Mary Broz-Vaughan	Mar. 18, 2020	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Validity of Expired Licenses, Certifications, Registrations and Other Authorizations (effective Mar. 18, 2020; amended Mar. 24, 2021) (Ex. AGY-ST-TRADE-BOARDS-022)	/library/AGY-ST-TRADE-BOARDS-022	/exhibit/AGY-ST-TRADE-BOARDS-022
Ex. AGY-ST-TRADE-BOARDS-023	Temporary Waiver of Regulations to Extend Examination Eligibility Deadlines (effective Mar. 19, 2020; amended May 27, 2020)	DPOR Director Mary Broz-Vaughan	Mar. 19, 2020	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations to Extend Examination Eligibility Deadlines (effective Mar. 19, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-023)	/library/AGY-ST-TRADE-BOARDS-023	/exhibit/AGY-ST-TRADE-BOARDS-023
Ex. AGY-ST-TRADE-BOARDS-024	Temporary Waiver of Regulations that Prohibit or Limit Online, Electronic, or Distance Theoretical Instruction (effective Mar. 13, 2020; amended May 27, 2020)	DPOR Director Mary Broz-Vaughan	Mar. 13, 2020	DPOR Director Mary Broz-Vaughan, Temporary Waiver of Regulations that Prohibit or Limit Online, Electronic, or Distance Theoretical Instruction (effective Mar. 13, 2020; amended May 27, 2020) (Ex. AGY-ST-TRADE-BOARDS-024)	/library/AGY-ST-TRADE-BOARDS-024	/exhibit/AGY-ST-TRADE-BOARDS-024
Ex. AGY-ST-TRADE-BOARDS-025	Resources for Licensees during COVID-19 Outbreak (Board for Barbers and Cosmetology page, Mar. 23, 2020)	Board for Barbers and Cosmetology, DPOR	Mar. 23, 2020	Board for Barbers and Cosmetology, DPOR, Resources for Licensees during COVID-19 Outbreak (Board for Barbers and Cosmetology page, Mar. 23, 2020) (Ex. AGY-ST-TRADE-BOARDS-025)	/library/AGY-ST-TRADE-BOARDS-025	/exhibit/AGY-ST-TRADE-BOARDS-025
Ex. AGY-ST-TRADE-BOARDS-064	Important Notice Concerning Coronavirus (COVID-19) - PSI Examination Services in Virginia (rescheduling; symptomatic candidates denied admission; capacity…	PSI Services LLC, posted by DPOR	Apr. 4, 2020	PSI Services LLC, posted by DPOR, Important Notice Concerning Coronavirus (COVID-19) - PSI Examination Services in Virginia (rescheduling; symptomatic candidates denied admission; capacity monitored; face masks not allowed at PSI-owned centers; closed centers tracked) (Apr. 4, 2020) (Ex. AGY-ST-TRADE-BOARDS-064)	/library/AGY-ST-TRADE-BOARDS-064	/exhibit/AGY-ST-TRADE-BOARDS-064
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044	OmniRide notice, May 27, 2020: from May 29, 2020 all passengers required to wear face coverings on OmniRide buses in compliance with the Governor's order on…	Potomac and Rappahannock Transportation Commission (PRTC), OmniRide	May 27, 2020	Potomac and Rappahannock Transportation Commission (PRTC), OmniRide, OmniRide notice, May 27, 2020: from May 29, 2020 all passengers required to wear face coverings on OmniRide buses in compliance with the Governor's order on face coverings on all public transit (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-044)	/library/AGY-ST-TRANSPORT-PORTS-TRANSIT-044	/exhibit/AGY-ST-TRANSPORT-PORTS-TRANSIT-044
Ex. AGY-USCG-PORTS-071	Newsroom notice, The Port of Virginia Planning Efforts for Addressing COVID 19 (Mar. 13, 2020; document dated Mar. 19, 2020)	The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC)	Mar. 13, 2020	The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC), Newsroom notice, The Port of Virginia Planning Efforts for Addressing COVID 19 (Mar. 13, 2020; document dated Mar. 19, 2020) (Ex. AGY-USCG-PORTS-071)	/library/AGY-USCG-PORTS-071	/exhibit/AGY-USCG-PORTS-071
Ex. AGY-USCG-PORTS-078	Operations Alert, COVID-19 Protocols - Social Distancing at The Port of Virginia (Apr. 8, 2020)	The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC), Operations	Apr. 8, 2020	The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC), Operations, Operations Alert, COVID-19 Protocols - Social Distancing at The Port of Virginia (Apr. 8, 2020) (Ex. AGY-USCG-PORTS-078)	/library/AGY-USCG-PORTS-078	/exhibit/AGY-USCG-PORTS-078
Ex. AGY-USCG-PORTS-080	COVID-19 Mitigation Efforts notice, Port of Virginia Planning and Action: Addressing COVID-19 (Apr. 20, 2020)	The Port of Virginia	Apr. 20, 2020	The Port of Virginia, COVID-19 Mitigation Efforts notice, Port of Virginia Planning and Action: Addressing COVID-19 (Apr. 20, 2020) (Ex. AGY-USCG-PORTS-080)	/library/AGY-USCG-PORTS-080	/exhibit/AGY-USCG-PORTS-080
Ex. AGY-USCG-PORTS-092	The Port of Virginia Planning Efforts for Addressing the COVID 19 (document dated Mar. 19, 2020)	The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC)	Mar. 19, 2020	The Port of Virginia (Virginia Port Authority / Virginia International Terminals, LLC), The Port of Virginia Planning Efforts for Addressing the COVID 19 (document dated Mar. 19, 2020) (Ex. AGY-USCG-PORTS-092)	/library/AGY-USCG-PORTS-092	/exhibit/AGY-USCG-PORTS-092
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-VA-001	Va. Code Title 32.1, Chapter 1 (sections 32.1-1 to 32.1-34), including sections 32.1-13 (Emergency orders and regulations), 32.1-20 (Commissioner vested with…	General Assembly of Virginia (Code of Virginia, Title 32.1, Chapter 1, Administration Generally)	standing	General Assembly of Virginia (Code of Virginia, Title 32.1, Chapter 1, Administration Generally), Va. Code Title 32.1, Chapter 1 (sections 32.1-1 to 32.1-34), including sections 32.1-13 (Emergency orders and regulations), 32.1-20 (Commissioner vested with authority of Board), 32.1-26 (Orders; hearing and notice) and 32.1-27 (Penalties, injunctions, civil penalties and charges for violations) (standing) (Ex. DUT-VA-001)	/library/DUT-VA-001	/exhibit/DUT-VA-001
Ex. DUT-VA-002	Va. Code Title 32.1, Chapter 2 (sections 32.1-35 to 32.1-73.x), including Article 3 Disease Control (sections 32.1-42 Emergency rules and regulations; 32.1-43…	General Assembly of Virginia (Code of Virginia, Title 32.1, Chapter 2, Disease Prevention and Control)	standing	General Assembly of Virginia (Code of Virginia, Title 32.1, Chapter 2, Disease Prevention and Control), Va. Code Title 32.1, Chapter 2 (sections 32.1-35 to 32.1-73.x), including Article 3 Disease Control (sections 32.1-42 Emergency rules and regulations; 32.1-43 Authority of State Health Commissioner to require quarantine, etc.; 32.1-48 Powers of Commissioner in epidemic) and Article 3.01 Isolation and Quarantine of Persons with Communicable Diseases of Public Health Threat (sections 32.1-48.05 to 32.1-48.017) (standing) (Ex. DUT-VA-002)	/library/DUT-VA-002	/exhibit/DUT-VA-002
Ex. DUT-VA-003	12VAC5-90, Regulations for Disease Reporting and Control (full chapter), including 12VAC5-90-80 (Lists of diseases that shall be reported), 12VAC5-90-90 (Those…	State Board of Health (Virginia Department of Health)	standing	State Board of Health (Virginia Department of Health), 12VAC5-90, Regulations for Disease Reporting and Control (full chapter), including 12VAC5-90-80 (Lists of diseases that shall be reported), 12VAC5-90-90 (Those required to report), 12VAC5-90-100 (Methods), 12VAC5-90-103 (Isolation for communicable disease of public health threat) and 12VAC5-90-107 (Quarantine) (standing) (Ex. DUT-VA-003)	/library/DUT-VA-003	/exhibit/DUT-VA-003
Ex. DUT-VA-004	Va. Code section 18.2-11, Punishment for conviction of misdemeanor	General Assembly of Virginia (Code of Virginia, Title 18.2, Crimes and Offenses Generally)	standing	General Assembly of Virginia (Code of Virginia, Title 18.2, Crimes and Offenses Generally), Va. Code section 18.2-11, Punishment for conviction of misdemeanor (standing) (Ex. DUT-VA-004)	/library/DUT-VA-004	/exhibit/DUT-VA-004
Ex. DUT-VA-005	Va. Code section 40.1-51.1, Duties of employers	General Assembly of Virginia (Code of Virginia, Title 40.1, Labor and Employment, Chapter 3, Protection of Employees)	standing	General Assembly of Virginia (Code of Virginia, Title 40.1, Labor and Employment, Chapter 3, Protection of Employees), Va. Code section 40.1-51.1, Duties of employers (standing) (Ex. DUT-VA-005)	/library/DUT-VA-005	/exhibit/DUT-VA-005
Ex. DUT-VA-006	Va. Code section 40.1-49.4, Enforcement of this title and standards, rules or regulations for safety and health; orders of Commissioner; proceedings in circuit…	General Assembly of Virginia (Code of Virginia, Title 40.1, Chapter 3)	standing	General Assembly of Virginia (Code of Virginia, Title 40.1, Chapter 3), Va. Code section 40.1-49.4, Enforcement of this title and standards, rules or regulations for safety and health; orders of Commissioner; proceedings in circuit court; injunctions; penalties (standing) (Ex. DUT-VA-006)	/library/DUT-VA-006	/exhibit/DUT-VA-006
Ex. DUT-VA-007	Va. Code section 40.1-22, Safety and Health Codes Commission continued as Safety and Health Codes Board, subdivision (6a) (emergency temporary standards)	General Assembly of Virginia (Code of Virginia, Title 40.1, Chapter 3)	standing	General Assembly of Virginia (Code of Virginia, Title 40.1, Chapter 3), Va. Code section 40.1-22, Safety and Health Codes Commission continued as Safety and Health Codes Board, subdivision (6a) (emergency temporary standards) (standing) (Ex. DUT-VA-007)	/library/DUT-VA-007	/exhibit/DUT-VA-007
Ex. DUT-VA-008	DOLI, 'Coronavirus (COVID-19) ETS FAQs' page: Frequently Asked Questions on 16VAC25-220, with the Department's notices of the standard's effective dates and of…	Virginia Department of Labor and Industry, Virginia Occupational Safety and Health (VOSH) program	standing	Virginia Department of Labor and Industry, Virginia Occupational Safety and Health (VOSH) program, DOLI, 'Coronavirus (COVID-19) ETS FAQs' page: Frequently Asked Questions on 16VAC25-220, with the Department's notices of the standard's effective dates and of the 24-hour outbreak-reporting duties under 16VAC25-220-40.B.7.d and.e (page as captured February 1, 2021) (July 27, 2020) (Ex. DUT-VA-008)	/library/DUT-VA-008	/exhibit/DUT-VA-008
Ex. DUT-VA-009	Va. Code section 8.01-225.03, Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day care…	General Assembly of Virginia (Code of Virginia, Title 8.01, Chapter 3)	standing	General Assembly of Virginia (Code of Virginia, Title 8.01, Chapter 3), Va. Code section 8.01-225.03, Certain immunity for certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers during a disaster under specific circumstances (text as it stood in 2021, before the 2024 amendments) (Oct. 13, 2020) (Ex. DUT-VA-009)	/library/DUT-VA-009	/exhibit/DUT-VA-009
Ex. DUT-VA-010	2020 Acts of Assembly, Special Session I, Chapter 6 (House Bill 5059), An Act to amend the Code of Virginia by adding a section numbered 8.01-225.03, relating…	General Assembly of Virginia (2020 Special Session I); approved by Governor Ralph S. Northam	standing	General Assembly of Virginia (2020 Special Session I); approved by Governor Ralph S. Northam, 2020 Acts of Assembly, Special Session I, Chapter 6 (House Bill 5059), An Act to amend the Code of Virginia by adding a section numbered 8.01-225.03, relating to certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency (standing) (Ex. DUT-VA-010)	/library/DUT-VA-010	/exhibit/DUT-VA-010
Ex. DUT-VA-011	Executive Order Number Sixty (2020), Clarification of Certain Immunity From Liability for Healthcare Providers in Response to Novel Coronavirus (COVID-19)	Governor Ralph S. Northam	standing	Governor Ralph S. Northam, Executive Order Number Sixty (2020), Clarification of Certain Immunity From Liability for Healthcare Providers in Response to Novel Coronavirus (COVID-19) (Apr. 28, 2020) (Ex. DUT-VA-011)	/library/DUT-VA-011	/exhibit/DUT-VA-011
Ex. DUT-VA-012	Va. Code Title 35.1, Chapter 1 (sections 35.1-1 to 35.1-10), including section 35.1-7 (Penalties, injunctions, civil penalties and charges for violations) and…	General Assembly of Virginia (Code of Virginia, Title 35.1, Hotels, Restaurants, Summer Camps, and Campgrounds, Chapter 1, General Provisions)	standing	General Assembly of Virginia (Code of Virginia, Title 35.1, Hotels, Restaurants, Summer Camps, and Campgrounds, Chapter 1, General Provisions), Va. Code Title 35.1, Chapter 1 (sections 35.1-1 to 35.1-10), including section 35.1-7 (Penalties, injunctions, civil penalties and charges for violations) and section 35.1-10 (Measures to prevent transmission of disease) (standing) (Ex. DUT-VA-012)	/library/DUT-VA-012	/exhibit/DUT-VA-012
Ex. DUT-VA-013	12VAC5-421-3770, Summary suspension of a permit (Food Regulations), text as in force in 2020	State Board of Health (Virginia Department of Health)	standing	State Board of Health (Virginia Department of Health), 12VAC5-421-3770, Summary suspension of a permit (Food Regulations), text as in force in 2020 (standing) (Ex. DUT-VA-013)	/library/DUT-VA-013	/exhibit/DUT-VA-013
Ex. DUT-VA-014	Forward Virginia (Safer at Home: Phase One), Guidelines for All Business Sectors and sector-specific guidelines (restaurants and beverage services, farmers…	Governor Ralph S. Northam (Office of the Governor), with the Virginia Department of Health	standing	Governor Ralph S. Northam (Office of the Governor), with the Virginia Department of Health, Forward Virginia (Safer at Home: Phase One), Guidelines for All Business Sectors and sector-specific guidelines (restaurants and beverage services, farmers markets, brick-and-mortar retail, fitness and exercise facilities, personal care and grooming, campgrounds, and others) (May 8, 2020) (Ex. DUT-VA-014)	/library/DUT-VA-014	/exhibit/DUT-VA-014
Ex. DUT-VA-015	Forward Virginia (Safer at Home: Phase Three), Guidelines for All Business Sectors and sector-specific guidelines	Governor Ralph S. Northam (Office of the Governor), with the Virginia Department of Health	standing	Governor Ralph S. Northam (Office of the Governor), with the Virginia Department of Health, Forward Virginia (Safer at Home: Phase Three), Guidelines for All Business Sectors and sector-specific guidelines (June 30, 2020) (Ex. DUT-VA-015)	/library/DUT-VA-015	/exhibit/DUT-VA-015
Ex. DUT-VA-016	FAQ on Executive Order 63 and Order of Public Health Emergency 5 (face coverings)	Office of the Governor and Virginia Department of Health	standing	Office of the Governor and Virginia Department of Health, FAQ on Executive Order 63 and Order of Public Health Emergency 5 (face coverings) (May 29, 2020) (Ex. DUT-VA-016)	/library/DUT-VA-016	/exhibit/DUT-VA-016
Ex. DUT-VA-017	Frequently Asked Questions Regarding Executive Order Fifty-Three	Office of the Governor (document hosted by the Virginia Department of Labor and Industry)	standing	Office of the Governor (document hosted by the Virginia Department of Labor and Industry), Frequently Asked Questions Regarding Executive Order Fifty-Three (Apr. 13, 2020) (Ex. DUT-VA-017)	/library/DUT-VA-017	/exhibit/DUT-VA-017
Ex. DUT-VA-018	Tigges v. Northam, Memorandum Order denying the motion for a preliminary injunction (Dk. No. 19), Civil Action No. 3:20-cv-410	John A. Gibney, Jr., United States District Judge	standing	John A. Gibney, Jr., United States District Judge, Tigges v. Northam, Memorandum Order denying the motion for a preliminary injunction (Dk. No. 19), Civil Action No. 3:20-cv-410 (July 21, 2020) (Ex. DUT-VA-018)	/library/DUT-VA-018	/exhibit/DUT-VA-018
Ex. DUT-VA-019	Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, Tigges v. Northam, No. 3:20-cv-00410-JAG (E.D. Va.), Document 13 (filed July 8, 2020)…	Commonwealth of Virginia, Office of the Attorney General (Michelle S. Kallen and Toby J. Heytens), for Governor Northam and State Health Commissioner Oliver	standing	Commonwealth of Virginia, Office of the Attorney General (Michelle S. Kallen and Toby J. Heytens), for Governor Northam and State Health Commissioner Oliver, Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction, Tigges v. Northam, No. 3:20-cv-00410-JAG (E.D. Va.), Document 13 (filed July 8, 2020), 35 pages (Ex. DUT-VA-019)	/library/DUT-VA-019	/exhibit/DUT-VA-019
Ex. DUT-VA-020	Belle Garden Estate, LLC v. Northam, Memorandum Opinion denying a preliminary injunction (ECF No. 24), Civil Action No. 7:21-cv-00135	Thomas T. Cullen, United States District Judge	standing	Thomas T. Cullen, United States District Judge, Belle Garden Estate, LLC v. Northam, Memorandum Opinion denying a preliminary injunction (ECF No. 24), Civil Action No. 7:21-cv-00135 (Mar. 26, 2021) (Ex. DUT-VA-020)	/library/DUT-VA-020	/exhibit/DUT-VA-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. LAW-347	Va. Code 44-146.17	Virginia General Assembly	Jan. 1, 2021	Virginia General Assembly, Va. Code 44-146.17 (Jan. 1, 2021) (Ex. LAW-347)	/library/LAW-347	/exhibit/LAW-347
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004
Ex. VA-001	Executive Order 51 (2020)	Governor Ralph S. Northam	Mar. 12, 2020	Governor Ralph S. Northam, Executive Order 51 (2020) (Mar. 12, 2020) (Ex. VA-001)	/library/VA-001	/exhibit/VA-001
Ex. VA-002	Order of the Governor and State Health Commissioner, Declaration of Public Health Emergency, Order of Public Health Emergency One (Mar. 17, 2020), as amended…	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Mar. 17, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Order of the Governor and State Health Commissioner, Declaration of Public Health Emergency, Order of Public Health Emergency One (Mar. 17, 2020), as amended Mar. 20, 2020 (Ex. VA-002)	/library/VA-002	/exhibit/VA-002
Ex. VA-003	Executive Order 52 (2020)	Governor Ralph S. Northam	Mar. 20, 2020	Governor Ralph S. Northam, Executive Order 52 (2020) (Mar. 20, 2020) (Ex. VA-003)	/library/VA-003	/exhibit/VA-003
Ex. VA-004	Executive Order 53 (2020)	Governor Ralph S. Northam	Mar. 23, 2020	Governor Ralph S. Northam, Executive Order 53 (2020) (Mar. 23, 2020) (Ex. VA-004)	/library/VA-004	/exhibit/VA-004
Ex. VA-005	Order of Public Health Emergency Two	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Mar. 25, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Order of Public Health Emergency Two (Mar. 25, 2020) (Ex. VA-005)	/library/VA-005	/exhibit/VA-005
Ex. VA-006	Executive Order 55 (2020)	Governor Ralph S. Northam	Mar. 30, 2020	Governor Ralph S. Northam, Executive Order 55 (2020) (Mar. 30, 2020) (Ex. VA-006)	/library/VA-006	/exhibit/VA-006
Ex. VA-007	Amended Executive Order 53 (2020)	Governor Ralph S. Northam	Apr. 15, 2020	Governor Ralph S. Northam, Amended Executive Order 53 (2020) (Apr. 15, 2020) (Ex. VA-007)	/library/VA-007	/exhibit/VA-007
Ex. VA-008	Amended Order of Public Health Emergency Two	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Apr. 23, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Order of Public Health Emergency Two (Apr. 23, 2020) (Ex. VA-008)	/library/VA-008	/exhibit/VA-008
Ex. VA-009	Second Amended Executive Order 53 (2020)	Governor Ralph S. Northam	May 4, 2020	Governor Ralph S. Northam, Second Amended Executive Order 53 (2020) (May 4, 2020) (Ex. VA-009)	/library/VA-009	/exhibit/VA-009
Ex. VA-010	Executive Order 61 and Order of Public Health Emergency Three	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	May 8, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 61 and Order of Public Health Emergency Three (May 8, 2020) (Ex. VA-010)	/library/VA-010	/exhibit/VA-010
Ex. VA-011	Executive Order 62 and Order of Public Health Emergency Four	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	May 12, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 62 and Order of Public Health Emergency Four (May 12, 2020) (Ex. VA-011)	/library/VA-011	/exhibit/VA-011
Ex. VA-012	Executive Order 63 and Order of Public Health Emergency Five	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	May 26, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 63 and Order of Public Health Emergency Five (May 26, 2020) (Ex. VA-012)	/library/VA-012	/exhibit/VA-012
Ex. VA-013	Executive Order 65 and Order of Public Health Emergency Six	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	June 2, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 65 and Order of Public Health Emergency Six (June 2, 2020) (Ex. VA-013)	/library/VA-013	/exhibit/VA-013
Ex. VA-014	Executive Order 67 and Order of Public Health Emergency Seven	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	June 30, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 67 and Order of Public Health Emergency Seven (June 30, 2020) (Ex. VA-014)	/library/VA-014	/exhibit/VA-014
Ex. VA-015	Executive Order 68 and Order of Public Health Emergency Eight	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	July 28, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 68 and Order of Public Health Emergency Eight (July 28, 2020) (Ex. VA-015)	/library/VA-015	/exhibit/VA-015
Ex. VA-016	Executive Order 72 and Order of Public Health Emergency Nine	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Dec. 10, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 72 and Order of Public Health Emergency Nine (Dec. 10, 2020) (Ex. VA-016)	/library/VA-016	/exhibit/VA-016
Ex. VA-017	Executive Order 79 and Order of Public Health Emergency Ten (Register text)	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	May 14, 2021	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 79 and Order of Public Health Emergency Ten (Register text) (May 14, 2021) (Ex. VA-017)	/library/VA-017	/exhibit/VA-017
Ex. VA-018	Amended Executive Order 51 (2020)	Governor Ralph S. Northam	May 26, 2020	Governor Ralph S. Northam, Amended Executive Order 51 (2020) (May 26, 2020) (Ex. VA-018)	/library/VA-018	/exhibit/VA-018
Ex. VA-019	Amended Executive Order 61 and Amended Order of Public Health Emergency Three	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	May 19, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Executive Order 61 and Amended Order of Public Health Emergency Three (May 19, 2020) (Ex. VA-019)	/library/VA-019	/exhibit/VA-019
Ex. VA-020	Executive Directive Eight (2020)	Governor Ralph S. Northam	Mar. 19, 2020	Governor Ralph S. Northam, Executive Directive Eight (2020) (Mar. 19, 2020) (Ex. VA-020)	/library/VA-020	/exhibit/VA-020
Ex. VA-021	Executive Directive Ten (2020)	Governor Ralph S. Northam (directing the Virginia Alcoholic Beverage Control Authority)	Apr. 8, 2020	Governor Ralph S. Northam (directing the Virginia Alcoholic Beverage Control Authority), Executive Directive Ten (2020) (Apr. 8, 2020) (Ex. VA-021)	/library/VA-021	/exhibit/VA-021
Ex. VA-022	Fifth Amended Executive Order 67 and Order of Public Health Emergency Seven	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Nov. 5, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Fifth Amended Executive Order 67 and Order of Public Health Emergency Seven (Nov. 5, 2020) (Ex. VA-022)	/library/VA-022	/exhibit/VA-022
Ex. VA-023	Sixth Amended Executive Order 67 and Order of Public Health Emergency Seven	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Nov. 13, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Sixth Amended Executive Order 67 and Order of Public Health Emergency Seven (Nov. 13, 2020) (Ex. VA-023)	/library/VA-023	/exhibit/VA-023
Ex. VA-024	Second Amended Executive Order 67 and Order of Public Health Emergency Seven	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Sept. 3, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Second Amended Executive Order 67 and Order of Public Health Emergency Seven (Sept. 3, 2020) (Ex. VA-024)	/library/VA-024	/exhibit/VA-024
Ex. VA-025	Third Amended Executive Order 67 and Order of Public Health Emergency Seven	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Sept. 10, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Third Amended Executive Order 67 and Order of Public Health Emergency Seven (Sept. 10, 2020) (Ex. VA-025)	/library/VA-025	/exhibit/VA-025
Ex. VA-026	Amended Executive Order 72 and Order of Public Health Emergency Nine (First Amended)	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Jan. 27, 2021	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Executive Order 72 and Order of Public Health Emergency Nine (First Amended) (Jan. 27, 2021) (Ex. VA-026)	/library/VA-026	/exhibit/VA-026
Ex. VA-027	Second Amended Executive Order 72 and Order of Public Health Emergency Nine	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Feb. 17, 2021	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Second Amended Executive Order 72 and Order of Public Health Emergency Nine (Feb. 17, 2021) (Ex. VA-027)	/library/VA-027	/exhibit/VA-027
Ex. VA-028	Seventh Amended Executive Order 72 and Order of Public Health Emergency Nine	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Apr. 29, 2021	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Seventh Amended Executive Order 72 and Order of Public Health Emergency Nine (Apr. 29, 2021) (Ex. VA-028)	/library/VA-028	/exhibit/VA-028
Ex. VA-029	Executive Order 79 and Order of Public Health Emergency Ten (Governor's PDF)	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	May 14, 2021	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Executive Order 79 and Order of Public Health Emergency Ten (Governor's PDF) (May 14, 2021) (Ex. VA-029)	/library/VA-029	/exhibit/VA-029
Ex. VA-030	Fifth Amended Executive Order 72 and Order of Public Health Emergency Nine	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Apr. 21, 2021	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Fifth Amended Executive Order 72 and Order of Public Health Emergency Nine (Apr. 21, 2021) (Ex. VA-030)	/library/VA-030	/exhibit/VA-030
Ex. VA-031	Sixth Amended Executive Order 72 and Order of Public Health Emergency Nine	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Apr. 22, 2021	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Sixth Amended Executive Order 72 and Order of Public Health Emergency Nine (Apr. 22, 2021) (Ex. VA-031)	/library/VA-031	/exhibit/VA-031
Ex. VA-032	Fourth Amended Executive Order 67 and Order of Public Health Emergency Seven	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Oct. 29, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Fourth Amended Executive Order 67 and Order of Public Health Emergency Seven (Oct. 29, 2020) (Ex. VA-032)	/library/VA-032	/exhibit/VA-032
Ex. VA-033	Third Amended Executive Order 72 and Order of Public Health Emergency Nine	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Feb. 24, 2021	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Third Amended Executive Order 72 and Order of Public Health Emergency Nine (Feb. 24, 2021) (Ex. VA-033)	/library/VA-033	/exhibit/VA-033
Ex. VA-034	Fourth Amended Executive Order 72 and Order of Public Health Emergency Nine	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Mar. 23, 2021	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Fourth Amended Executive Order 72 and Order of Public Health Emergency Nine (Mar. 23, 2021) (Ex. VA-034)	/library/VA-034	/exhibit/VA-034
Ex. VA-035	Executive Order 70 (2020)	Governor Ralph S. Northam	Aug. 17, 2020	Governor Ralph S. Northam, Executive Order 70 (2020) (Aug. 17, 2020) (Ex. VA-035)	/library/VA-035	/exhibit/VA-035
Ex. VA-036	16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19	Virginia Safety and Health Codes Board, Department of Labor and Industry	July 15, 2020	Virginia Safety and Health Codes Board, Department of Labor and Industry, 16VAC25-220, Emergency Temporary Standard, Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (July 15, 2020) (Ex. VA-036)	/library/VA-036	/exhibit/VA-036
Ex. VA-037	16VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (Final)	Virginia Safety and Health Codes Board, Department of Labor and Industry	Jan. 13, 2021	Virginia Safety and Health Codes Board, Department of Labor and Industry, 16VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (Final) (Jan. 13, 2021) (Ex. VA-037)	/library/VA-037	/exhibit/VA-037
Ex. VA-038	16VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (amendments, Final)	Virginia Safety and Health Codes Board, Department of Labor and Industry	Sept. 8, 2021	Virginia Safety and Health Codes Board, Department of Labor and Industry, 16VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (amendments, Final) (Sept. 8, 2021) (Ex. VA-038)	/library/VA-038	/exhibit/VA-038
Ex. VA-039	Order Declaring a Judicial Emergency in Response to COVID-19 Emergency	Supreme Court of Virginia	Mar. 16, 2020	Supreme Court of Virginia, Order Declaring a Judicial Emergency in Response to COVID-19 Emergency (Mar. 16, 2020) (Ex. VA-039)	/library/VA-039	/exhibit/VA-039
Ex. VA-040	Amendment to the Eighth Order Extending Declaration of Judicial Emergency (suspension of writs of eviction)	Supreme Court of Virginia	Aug. 7, 2020	Supreme Court of Virginia, Amendment to the Eighth Order Extending Declaration of Judicial Emergency (suspension of writs of eviction) (Aug. 7, 2020) (Ex. VA-040)	/library/VA-040	/exhibit/VA-040
Ex. VA-041	Twenty-Sixth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency	Supreme Court of Virginia	Aug. 4, 2021	Supreme Court of Virginia, Twenty-Sixth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency (Aug. 4, 2021) (Ex. VA-041)	/library/VA-041	/exhibit/VA-041
Ex. VA-042	Twenty-Eighth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency	Supreme Court of Virginia	Sept. 20, 2021	Supreme Court of Virginia, Twenty-Eighth Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency (Sept. 20, 2021) (Ex. VA-042)	/library/VA-042	/exhibit/VA-042
Ex. VA-043	Chapter 456, 2021 Special Session I (SB 1303)	General Assembly of Virginia (2021 Special Session I), approved by Governor Northam	Mar. 30, 2021	General Assembly of Virginia (2021 Special Session I), approved by Governor Northam, Chapter 456, 2021 Special Session I (SB 1303) (Mar. 30, 2021) (Ex. VA-043)	/library/VA-043	/exhibit/VA-043
Ex. VA-044	VDH Frequently Asked Questions: State Health Commissioner Order of Public Health Emergency, Statewide Requirement To Wear Masks In K-12 Schools, issued August…	Virginia Department of Health	Aug. 17, 2021	Virginia Department of Health, VDH Frequently Asked Questions: State Health Commissioner Order of Public Health Emergency, Statewide Requirement To Wear Masks In K-12 Schools, issued August 12, 2021 (updated Aug. 17, 2021) (Ex. VA-044)	/library/VA-044	/exhibit/VA-044
Ex. VA-045	Executive Directive Number Eighteen (2021)	Governor Ralph S. Northam	Aug. 5, 2021	Governor Ralph S. Northam, Executive Directive Number Eighteen (2021) (Aug. 5, 2021) (Ex. VA-045)	/library/VA-045	/exhibit/VA-045
Ex. VA-046	Amended Executive Order 68 and Order of Public Health Emergency Eight	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	Aug. 3, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Executive Order 68 and Order of Public Health Emergency Eight (Aug. 3, 2020) (Ex. VA-046)	/library/VA-046	/exhibit/VA-046
Ex. VA-047	Amended Executive Order 65 and Order of Public Health Emergency Six	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver	June 9, 2020	Governor Ralph S. Northam and State Health Commissioner M. Norman Oliver, Amended Executive Order 65 and Order of Public Health Emergency Six (June 9, 2020) (Ex. VA-047)	/library/VA-047	/exhibit/VA-047

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=VA&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.