Eligibility report

Governmental Orders Record and Eligibility Analysis

Education and Child Care

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 422 instruments cited; 388 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?industry=15&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: industry Education and Child Care. 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?industry=15&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)

Education and Child Care (the industry's regulators, nationally), first day (Apr. 1, 2020): Apr. 1, 2020: every State's K-12 buildings closed to students by order or directive (Ex. SEC-15-001; e.g., NJ EO 104 para. 2, Ex. SEC-15-011; MI EO 2020-05 para. 2, Ex. SEC-15-048; IL EO 2020-05 sec. 1, Ex. SEC-15-025; TX GA-08 para. 4, Ex. SEC-15-070; CO D 2020 007, Ex. SEC-15-076; KS EO 20-07, Ex. SEC-15-057; GA EO 03.16.20.01, Ex. SEC-15-039); higher education in-person instruction ceased in every State that addressed it (NJ EO 104 para. 3; WA 20-12; OR EO 20-09, Ex. SEC-15-060); child care limited to essential workers in NJ (EO 110, effective Apr. 1), OH (Mar. 24 order), PA, MA, RI, VT, KY, MD, DE; SEVP online-instruction flexibility in force (Ex. SEC-15-004).

Education and Child Care (the industry's regulators, nationally), last day (June 30, 2020): June 30, 2020: 48 States closed to in-person instruction for the remainder of the 2019-20 year (Ohio's Second Amended Order ran 'until 11:59 p.m. on June 30, 2020,' Ex. SEC-15-077); child care reopening under conditions (NJ June 15 under EO 149; OH May 31 under Ex. SEC-15-071; MA June 29); camps opening under standards (NJ July 6); Michigan K-12 sports suspended 'while any state of emergency... is in effect' (EO 2020-35 sec. I.A); NJ higher education permitted to restart in-person only from July 1 under EO 155 (Ex. SEC-15-018).

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)

Education and Child Care (the industry's regulators, nationally), first day (July 1, 2020): July 1, 2020: no State permitted unconditional in-person instruction; reopening orders and mandatory guidance issued June-August in every State (Ex. SEC-15-002); Arizona EO 2020-41 barred in-person start before Aug. 17; California's July 17 framework barred in-person instruction in monitoring-list counties; SEVP's July 6 fall-2020 rule (rescinded July 14) (Ex. SEC-15-005).

Education and Child Care (the industry's regulators, nationally), last day (Sept. 30, 2020): Sept. 30, 2020: school mask orders in force in OH (Ex. SEC-15-069), MS (Ex. SEC-15-058), NJ (EO 175), AL, IN, KS, UT, NV, LA, PA, SC, ME, DE, IL and others; metric-gated instruction in CA, OR, MN (EO 20-82), NM, KY, WV, NY; most or a majority of schools virtual or hybrid in about half the States (Burbio via Ex. SEC-15-002); child care operating under ratio and cohort rules; camps closed for the season.

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)

Education and Child Care (the industry's regulators, nationally), first day (Oct. 1, 2020): Oct. 1, 2020: the Q3 regimes continued; Michigan's school rules moved from executive orders to MDHHS epidemic orders after Oct. 2, 2020.

Education and Child Care (the industry's regulators, nationally), last day (Dec. 31, 2020): Dec. 31, 2020: Kentucky EO 2020-969 (middle and high schools remote through Jan. 4, 2021); Michigan MDHHS order (high schools remote Nov. 18-Dec. 20; colleges remote); Minnesota EO 20-99 (youth sports paused to Dec. 18; EO 20-103 to Jan. 4); New Mexico (in-person closed through Jan. 15, 2021); West Virginia (high schools closed in red counties); Oregon's mandatory metrics (advisory from Jan. 1, 2021); statewide school mask orders in force in the States listed for Q3.

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)

Education and Child Care (the industry's regulators, nationally), first day (Jan. 1, 2021): Jan. 1, 2021: New Mexico, Kentucky (middle/high), Michigan (high schools reopened Dec. 21 under MDHHS conditions), West Virginia (high schools in red counties) closed or restricted; Kentucky Healthy at School rules mandatory from Jan. 4; mask orders in force in the same States.

Education and Child Care (the industry's regulators, nationally), last day (Mar. 31, 2021): Mar. 31, 2021: return-to-in-person orders in force (Oregon EO 21-06: elementary by Mar. 29, grades 6-12 by Apr. 19; Washington Mar. 15 proclamation: 30 percent in-person by Apr. 19; Arizona Mar. 3 order: in-person by Mar. 15; Kentucky HB 208: two days by Mar. 29; Iowa: full-time option by Feb. 15; New Hampshire: two days by Mar. 8; West Virginia: all schools five days from Mar. 24); Texas GA-34 (Mar. 2, 2021) ended the State mask requirement but TEA guidance kept school masks until June 4.

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)

Education and Child Care (the industry's regulators, nationally), first day (Apr. 1, 2021): Apr. 1, 2021: school mask, distancing and quarantine rules in force in every State that had them in Q1; Kansas SB 63 (Apr. 5) and South Carolina's Apr. 22 law required full-time in-person instruction; Arkansas Act 1002 (Apr. 28) barred mask mandates.

Education and Child Care (the industry's regulators, nationally), last day (June 30, 2021): June 30, 2021: Texas GA-36 (May 18) ended school mask policies from June 4; Iowa HF 847 (May 20), Utah HB 1007 (May), Oklahoma SB 658 (May 28) and South Carolina's Proviso 1.108 (June) barred school mask requirements; Ohio's ODH orders rescinded June 2; North Carolina (to July 30) and Virginia (to July 25) school mask requirements still in force; California's 2020-21 school rules in force to the end of the school year; the 2021-22 rules announced (California July 12).

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)

Education and Child Care (the industry's regulators, nationally), first day (July 1, 2021): July 1, 2021: in force: North Carolina and Virginia school mask requirements; Hawaii's indoor mask order; Texas GA-36 and GA-38's predecessor regime; Arkansas Act 1002; Iowa HF 847; Oklahoma SB 658; Utah HB 1007; the CDC conveyance order on school buses; SEVP guidance; State child-care licensing emergency rules; the ARPA voluntary FFCRA credits (no leave mandate).

Education and Child Care (the industry's regulators, nationally), last day (Sept. 30, 2021): Sept. 30, 2021: statewide school mask requirements in force in CA, WA, OR, NV, IL, LA, CT, NJ, DE, RI, MA, MD, NY, PA, NM, HI, VA and DC (KY's ended Sept. 9-10); staff vaccination-or-testing orders in force in CA (Oct. 15 compliance), WA (Oct. 18), OR (Oct. 18), NJ (Oct. 18), CT (Sept. 27), IL (Sept. 19), NY (Sept. 27 testing regulation), NYC (Sept. 27 order), DC; child-care mask and staff orders in NJ (EO 264, masks Sept. 24), CT (EO 13D), DE, KY (to Sept. 9), WA (21-14.1); mask-mandate prohibitions in TX (GA-38, litigated), FL (EO 21-175 and Rule 64DER21-12, litigated), TN (EO 84, enjoined in three counties), AZ (struck Sept. 27), AR (enjoined), IA (enjoined Sept. 13), OK (enjoined in part), SC (enjoined Sept. 28), UT (HB 1007); CDC conveyance order on school buses.

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
Sector regulators	26	19	17	12	12	40	78
Group meetings and trade shows	20	6	2	8	0	2	38
All layers	225	188	179	195	177	209	446

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. How this business operates: Education and Child Care

Education and child care is the one industry whose premises every State closed by name in March 2020 and whose operations every State then regulated by instrument through the last day of the claim period. 2020 Q2 (with the March 13-31, 2020 run-up): all fifty States closed school buildings to students by order or by directive that schools obeyed, most between March 13 and March 20, 2020 (Ex. SEC-15-001 collects the fifty-State chronology; Kansas EO 20-07 of March 17, 2020 was the first to close K-12 buildings for the remainder of the year; Ex. SEC-15-057). By May 6, 2020 forty-eight States had ordered or recommended closure to in-person instruction for the remainder of the 2019-20 year (Alabama Mar. 26; Vermont Mar. 26; New Mexico Mar. 27; Virginia Mar. 23 (EO 53, Ex. SEC-15-056); Arizona Mar. 30; Georgia Apr. 1; Michigan Apr. 2 (EO 2020-35, Ex. SEC-15-051); Texas Apr. 17 (GA-16, after GA-08, Ex. SEC-15-070); Ohio Apr. 20 (Second Amended Order, Ex. SEC-15-077); New York May 1; New Jersey May 4; Connecticut May 5; Maryland May 6); Montana (May 7) and Wyoming (May 15) alone permitted reopening before the year ended. The orders reached private and parochial schools in terms (New Jersey EO 104 para. 2: 'All public, private, and parochial preschool program premises, and elementary and secondary schools... shall be closed to students beginning on Wednesday, March 18, 2020'; Michigan EO 2020-05 para. 2: 'all public, nonpublic, and boarding schools'; Kansas EO 20-07 para. 1: 'whether public or private'; Illinois EO 2020-05 sec. 1: 'all public and private schools'; Virginia EO 53 para. 2: 'K-12 schools, public and private'; Colorado D 2020 007: 'all public and private' P-12), and they reached higher education (New Jersey EO 104 para. 3: 'All institutions of higher education shall cease in-person instruction'; Washington Proclamation 20-12; Oregon EO 20-09; Georgia EO 03.16.20.01 closing 'post-secondary public schools'). Child care was closed to all but the children of essential workers in New Jersey (EO 110, Ex. SEC-15-012, effective Apr. 1, 2020), Ohio (Director's Order of Mar. 24, 2020, recited and rescinded in Ex. SEC-15-071), Pennsylvania (Mar. 16, 2020 directive with OCDEL waivers), Massachusetts, Rhode Island, Vermont, Kentucky, Maryland, Delaware and Michigan (disaster relief child care centers under EO 2020-16, Ex. SEC-15-049), and was kept open under emergency group-size and ratio rules elsewhere (Minnesota EO 20-02 directing schools to provide care for emergency workers' children, Ex. SEC-15-020). The federal layer reached the industry's international-student function on March 13, 2020 (ICE SEVP Broadcast Message 2003-01, Ex. SEC-15-004) and its admissions and housing functions on July 6, 2020 (SEVP Broadcast Message 2007-01, Ex. SEC-15-005, rescinded July 14, 2020). BLS records the result: child day care employment fell from 1,048,600 (Feb. 2020) to 676,600 (Apr. 2020), a loss of 35.5 percent, and private educational services employment from 3,801,800 to 3,257,400 (Ex. SEC-15-009). 2020 Q3: reopening was conditional in every State that reopened. New Jersey EO 175 (Aug. 13, 2020; Ex. SEC-15-014) permitted in-person instruction only under mandatory distancing and face-covering standards and required full remote instruction where those standards could not be met; New Jersey EO 149 (May 30, 2020; Ex. SEC-15-013) reopened child care on June 15 and camps on July 6 only under Department of Health standards; Ohio's Director's Order of Aug. 13, 2020 (Ex. SEC-15-069) required masks on every student, teacher and staff member in every K-12 and child care setting and on every school bus, effective Aug. 14, 2020 until the emergency ended; Mississippi EO 1517 (Aug. 4, 2020; Ex. SEC-15-058) did the same and delayed grades 7-12 in eight counties; California's July 17, 2020 framework and CDPH guidance (Ex. SEC-15-053) barred in-person instruction in counties on the monitoring list (33 of 58 counties on July 20, 2020); Arizona EO 2020-41 (June 24, 2020; Ex. SEC-15-019) fixed August 17, 2020 as the earliest in-person start; Michigan EO 2020-142 (June 30, 2020; Ex. SEC-15-052) tied in-person instruction to the State's reopening phases and required preparedness plans; Oregon, Minnesota (EO 20-82), New Mexico, Kentucky, West Virginia and New York set metrics that decided whether a school could open. Burbio reported on Sept. 10, 2020 that most or a majority of schools were virtual or hybrid in at least twenty-five States (Ex. SEC-15-002). 2020 Q4: States ordered schools back to remote instruction by name: Kentucky EO 2020-969 (Nov. 18, 2020; all K-12 in-person instruction to cease Nov. 23; middle and high schools remote through Jan. 4, 2021); Michigan's MDHHS order of Nov. 15, 2020 (high schools and colleges remote Nov. 18-Dec. 20); Minnesota EO 20-99 (Nov. 18, 2020; youth sports paused Nov. 21-Dec. 18); New Mexico (all in-person instruction closed through Jan. 15, 2021); West Virginia (closure from Thanksgiving to Dec. 3; high schools closed in red counties). 2021 Q1 and Q2: the return was itself ordered and conditioned (Oregon EO 21-06, Mar. 12, 2021; Washington's Mar. 15, 2021 proclamation; Arizona's Mar. 3, 2021 order; Kentucky HB 208; Iowa's Jan. 29, 2021 law; New Hampshire's Feb. 19, 2021 order), and every State that reopened did so under mask, distancing, cohort and quarantine rules that ran to the end of the school year (Texas alone forbade school mask requirements from June 4, 2021 by GA-36, Ex. SEC-15-029). 2021 Q3: the industry entered the quarter under the 2020-21 rules and left it under a second round of orders. Force-of-law instruments in force July 1-Sept. 30, 2021 included: statewide school mask requirements in California (CDPH, July 12, 2021, Ex. SEC-15-024), Washington (Proclamation 20-9.4, July 30, 2021), Louisiana (137 JBE 2021, Aug. 2, effective Aug. 4, renewed by 167 JBE 2021, Exs. SEC-15-074, -075), Oregon (OAR 333-019-1015, Aug. 2), Illinois (EO 2021-18, Aug. 4; EO 2021-20, Aug. 26; EO 2021-22, Sept. 3, Ex. SEC-15-027), Nevada (Aug. 4), Connecticut (EO 13A, Aug. 5, Ex. SEC-15-033), New Jersey (EO 251, effective Aug. 9, Ex. SEC-15-015), Kentucky (EO 2021-585, Aug. 10, Ex. SEC-15-080, and the Board of Education's emergency regulation to Sept. 9), Delaware (Aug. 16, Ex. SEC-15-067), Rhode Island (EO 21-87, Aug. 19, Ex. SEC-15-035), Massachusetts (Aug. 25), Maryland (State Board, Aug. 26), New York (DOH emergency regulation, Aug. 27), Pennsylvania (Sept. 7), New Mexico, Hawaii, Virginia and the District of Columbia; staff vaccination-or-testing mandates in California (Aug. 11, compliance Oct. 15, Ex. SEC-15-023), Washington (21-14.1, Aug. 18, Oct. 18, Ex. SEC-15-043), Connecticut (EO 13D, Aug. 19, Sept. 27, Ex. SEC-15-034), New Jersey (EO 253, Aug. 23, Oct. 18; EO 264 for child care, Sept. 20, Ex. SEC-15-016, -017), Illinois (Sept. 19), New York (Sept. 2 regulation) and New York City (Aug. 24 order, Ex. SEC-15-037); and, in the other direction, orders and statutes forbidding school mask requirements in Texas (GA-38, July 29, Ex. SEC-15-047), Florida (EO 21-175, July 30; DOH Rule 64DER21-12, Aug. 6, Ex. SEC-15-044), Arkansas (Act 1002, Ex. SEC-15-045), Iowa (HF 847, Ex. SEC-15-030), Oklahoma (SB 658, Ex. SEC-15-046), South Carolina, Tennessee (EO 84, Aug. 16, Ex. SEC-15-050), Arizona and Utah (HB 1007, Ex. SEC-15-031), each of which was itself an order from a governmental authority directing how schools operated and each of which was litigated in August and September 2021. The CDC conveyance mask order (86 Fed. Reg. 8025) governed every school bus all quarter. The federal Head Start vaccination and masking rule (86 Fed. Reg. 68052, Nov. 30, 2021, Ex. SEC-15-008) is post-period and is stated precisely as such.

The functions of the business

The Library records which of these functions each instrument reached. Section 5 names them instrument by instrument and section 9 applies the test to them.

Code	Function
IN	in-person instruction
RL	remote learning
EC	extended care and child care (emergency-only, ratios, cohorts)
TR	transport (school buses)
FS	food service (meals, cafeterias, congregate feeding)
AC	athletics, activities and events
AD	admissions, tours and enrollment
CP	campus housing and dining
HR	hiring, screening, training, credentialing
OP	office, administration, telework
WF	workforce availability (staff quarantine, staff vaccination status, staff's own child care)
CB	families (the customer base and its payers)

5. 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-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-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-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-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, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions)

Families First Coronavirus Response Act

Congress (Pub. L. 116-127); approved by the President, United States (private employers with fewer than 500 employees; public employers) (Federal)

Dates: In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF workforce availability of every employer under 500 employees (mandatory paid leave for quarantine, symptoms, school and child-care closures); HR payroll and leave administration; OP/OF
Grade: Primary source read
Days in this quarter: 91 (in force on the last day)

SEC. 5102. PAID SICK TIME REQUIREMENT. (a) IN GENERAL.--An employer shall provide to each employee employed by the employer paid sick time to the extent that the employee is unable to work (or telework) due to a need for leave because: (1) The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19. (2) The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19. (3) The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis. (4) The employee is caring for an individual who is subject to an order as described in subparagraph (1) or has been advised as described in paragraph (2). (5) The employee is caring for a son or daughter of such employee if the school or place of care of the son or daughter has been closed, or the child care provider of such son or daughter is…

Enforcement: Fair Labor Standards Act enforcement by the Department of Labor (§ 5105); § 5104 anti-retaliation; private actions

Citation: 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) Open the exhibit

Ex. FED-171

Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826

Paid Leave Under the Families First Coronavirus Response Act, 85 Fed. Reg. 19326 (Apr. 6, 2020)

Wage and Hour Division, U.S. Department of Labor, United States (Federal)

Dates: In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF; HR; OP
Grade: Primary source read
Days in this quarter: 90 (in force on the last day)

The Secretary of Labor ('Secretary') is promulgating temporary regulations to implement public health emergency leave under Title I of the Family and Medical Leave Act (FMLA), and emergency paid sick leave to assist working families facing public health emergencies arising out of Coronavirus Disease 2019 (COVID-19) global pandemic.... DATES: This rule is effective from April 2, 2020, through December 31, 2020. This rule became operational on April 1, 2020.... In general, the FFCRA requires covered employers to provide eligible employees up to two weeks of paid sick leave at full pay, up to a specified cap, when the employee is unable to work because the employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19

Enforcement: FLSA enforcement (29 C.F.R. § 826.150); DOL investigations

Citation: 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) 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

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.

Regulators of Education and Child Care

Ex. SEC-15-011

Executive Order No. 104 (2020)

Aggressive social distancing measures to mitigate further spread of COVID-19 (closure of schools and institutions of higher education, gathering limit, business hours)

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Mar. 18, 2020 to Aug. 13, 2020 (issued Mar. 16, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Business closureGathering capSchools and child careCurfew and hours
Functions reached: IN; RL; EC; TR; FS; AC; AD; CP; WF; CB
Grade: Primary source read
Days in this quarter: 105 (in force on the last day)

2. All public, private, and parochial preschool program premises, and elementary and secondary schools, including charter and renaissance schools, shall be closed to students beginning on Wednesday, March 18, 2020, and shall remain closed as long as this Order remains in effect. 3. All institutions of higher education shall cease in-person instruction beginning on Wednesday, March 18, 2020, and shall cease such in-person instruction as long as this Order remains in effect.... 4. The Commissioner of the Department of Education... shall be authorized to permit schools to remain open on a limited basis for the provision of food or other essential, non-educational services, or for educational or child care services if needed in emergency situations...

Enforcement: N.J.S.A. App. A:9-49 and -50 (disorderly persons offense; fines and imprisonment)

Citation: Governor Philip D. Murphy, Executive Order No. 104 (2020) (Mar. 16, 2020) (Ex. SEC-15-011) Open the exhibit

Ex. SEC-15-070

Executive Order GA-08

Relating to COVID-19 preparedness and mitigation (social gatherings; bars and restaurants; gyms; nursing home visits; school closures)

Governor Greg Abbott, Texas (State)

Dates: In force from Mar. 20, 2020 to June 30, 2020 (issued Mar. 19, 2020)
Quarters: 2020 Q2
Limitations: Business closureGathering capSchools and child careHealth care orders
Functions reached: IN; RL; FS; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

.. hereby order the following on a statewide basis effective 11:59 p.m. on March 20, 2020, and continuing until 11:59 p.m. on April 3, 2020, subject to extension... In accordance with the Guidelines from the President and the CDC, every person in Texas shall avoid social gatherings in groups of more than 10 people.... In accordance with the Guidelines from the President and the CDC, schools shall temporarily close.

Enforcement: Tex. Gov't Code 418.173 (fine up to $1,000; confinement up to 180 days)

Citation: Governor Greg Abbott, Executive Order GA-08 (Mar. 19, 2020) (Ex. SEC-15-070) Open the exhibit

Ex. SEC-15-056

Executive Order 53

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 Mar. 30, 2020 (issued Mar. 23, 2020)
Quarters: 2020 Q2
Limitations: Business closureGathering capSchools and child care
Functions reached: IN; RL; EC; FS; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 7

On March 13, 2020, I ordered all K-12 schools in the Commonwealth closed for [two weeks]... 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 and are urged to serve the children of essential personnel]...

Enforcement: Va. Code 44-146.17 (Class 1 misdemeanor)

Citation: Governor Ralph S. Northam, Executive Order 53 (Mar. 23, 2020) (Ex. SEC-15-056) Open the exhibit

Ex. SEC-15-042

Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021)

COVID-19 Higher Education

Governor Jay Inslee, Washington (State)

Dates: In force from Mar. 20, 2020 to July 12, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureSchools and child careWorkplace rules
Functions reached: IN; RL; CP; AD; FS; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 103 (in force on the last day)

Enforcement: RCW 43.06.220(5)

Citation: Governor Jay Inslee, Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021) (Mar. 20, 2020) (Ex. SEC-15-042)

Ex. SEC-15-012

Executive Order No. 110 (2020)

Emergency child care for essential persons; closure of child care centers that do not certify

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Mar. 27, 2020 to June 15, 2020 (issued Mar. 25, 2020)
Quarters: 2020 Q2
Limitations: Business closureSchools and child care
Functions reached: EC; CB; WF; HR; OP
Grade: Primary source read
Days in this quarter: 81

2. In order to be designated as an Emergency Child Care Center, any person or organization, requesting permission to stay open or resume operations on or after April 1, 2020, shall submit the certification form to the Commissioner of DCF for approval by Friday, March 27, 2020. If... the person or organization demonstrates that it will provide child care services exclusively to 'essential persons' during the school closure period, and that it will follow all applicable emergency child care standards, the Commissioner DCF shall authorize it to remain open or resume operations as an Emergency Child Care Center. 3. Any 'child care center', including those as defined in this executive order, that fails to timely certify shall be closed to the public as of Wednesday, April 1, 2020, and remain closed through the school closure period.

Enforcement: N.J.S.A. App. A:9-49 and -50

Citation: Governor Philip D. Murphy, Executive Order No. 110 (2020) (Mar. 25, 2020) (Ex. SEC-15-012) Open the exhibit

Ex. SEC-15-048

Executive Order 2020-05

Temporary prohibition on large assemblages and events, temporary school closures

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 5, 2020 to June 30, 2020 (issued Mar. 13, 2020)
Quarters: 2020 Q2
Limitations: Gathering capSchools and child care
Functions reached: IN; RL; AC; FS; TR; WF; CB
Grade: Primary source read
Days in this quarter: 87 (in force on the last day)

2. Beginning on March 16, 2020, all elementary school buildings and secondary school buildings in this state must close to students for educational purposes through April 5, 2020. This requirement includes all public, nonpublic, and boarding schools in the state. This requirement does not apply to residential facilities at schools and childcare providers at schools. 3. Consistent with MCL 10.33 and MCL 30.405(3), a willful violation of this order shall constitute a misdemeanor.

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

Citation: Governor Gretchen Whitmer, Executive Order 2020-05 (Mar. 13, 2020) (Ex. SEC-15-048) Open the exhibit

Ex. SEC-15-060

Executive Order No. 20-09

Closure of K-12 schools through April 28, 2020; restrictions on in-person instruction at institutions of higher education

Governor Kate Brown, Oregon (State)

Dates: In force from Apr. 28, 2020; end: K-12: extended for the remainder of the school year by EO 20-20 (Apr. 8, 2020)… (issued Mar. 17, 2020)
Quarters: 2020 Q2
Limitations: Business closureSchools and child care
Functions reached: IN; RL; CP; AD; FS; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 64 (in force on the last day)

Enforcement: ORS 401.990 (Class C misdemeanor)

Citation: Governor Kate Brown, Executive Order No. 20-09 (Mar. 17, 2020) (Ex. SEC-15-060) Open the exhibit

Ex. SEC-15-071

Director's Order that Reopens Facilities Providing Child Care Services, with Exceptions (rescinding the Director's Order of March 24, 2020 that closed facilities providing child care services)

Director's Order that Reopens Facilities Providing Child Care Services, with Exceptions

Director of Health Amy Acton, M.D., M.P.H., Ohio Department of Health, Ohio (Sector regulator)

Dates: In force from May 31, 2020 to Aug. 9, 2020
Quarters: 2020 Q22020 Q3
Limitations: Business closureFace-covering requirementSchools and child careWorkplace rules
Functions reached: EC; HR; OP; WF; CB
Grade: Primary source read
Days in this quarter: 31 (in force on the last day)

2. Facilities providing child care services to reopen. All facilities providing child care services licensed by the Ohio Department of Job and Family Services (ODJFS) are permitted to reopen within the State so long as all safety standards are met.... All facilities providing ODE licensed preschool and school age child care programs are permitted to reopen within the State once ODE has in effect rules that meet or exceed the newly adopted ODJFS rules governing child care facilities and so long as all safety standards are met.... All other facilities providing child care services in the State are to remain closed, unless specifically permitted to be open in a separate Director of Health order.... 4. Facial Coverings (Masks).... Businesses must require all employees to wear facial coverings... 5. Prior Director of Health Order. The Director of Health Order signed March 24, 2020 that closed…

Enforcement: R.C. 3701.352; R.C. 3701.99

Citation: Director of Health Amy Acton, M.D., M.P.H., Ohio Department of Health, Director's Order that Reopens Facilities Providing Child Care Services, with Exceptions (rescinding the Director's Order of March 24, 2020 that closed facilities providing child care services) (May 31, 2020) (Ex. SEC-15-071) Open the exhibit

Ex. SEC-15-062

Addendum 1 to Executive Order 01-20

Amendment of Section 6 of Executive Order 01-20: non-essential mass gatherings limited to the lesser of 50 people or 50 percent of occupancy

Governor Philip B. Scott, Vermont (State)

Dates: In force from Mar. 16, 2020 to Mar. 21, 2020
Quarters: 2020 Q2
Limitations: Gathering capEvents and venues
Functions reached: AC; FS; CP; AD; CB
Grade: Primary source read
Days in this quarter: 6

6. To help preserve and maintain public health, I hereby prohibit all non-essential mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility at the same time for social, recreational or entertainment activities, such as an auditorium, stadium, arena, large conference room, meeting hall, cafeteria, theater, bar, restaurant, gym or any other confined indoor or confined outdoor space.

Enforcement: 20 V.S.A. 9; 20 V.S.A. 47

Citation: Governor Philip B. Scott, Addendum 1 to Executive Order 01-20 (Mar. 16, 2020) (Ex. SEC-15-062) Open the exhibit

Ex. SEC-15-032

Executive Order No. 7C

Protection of Public Health and Safety During COVID-19 Pandemic and Response - Cancellation of School Classes, Extension of Deadlines, Flexibility for DMV

Governor Ned Lamont, Connecticut (State)

Dates: In force from Mar. 17, 2020 to May 5, 2020 (issued Mar. 15, 2020)
Quarters: 2020 Q2
Limitations: Schools and child careCourts and public offices
Functions reached: IN; RL; FS; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 50

1. Cancellation of School Classes. To promote and secure the safety and protection of children in schools related to the risks of COVID-19, all public school classes will be cancelled for all students effective Tuesday, March 17, 2020 until March 31, 2020, unless extended beyond that date. Private schools and other non-public schools are encouraged to follow the same schedule...

Enforcement: Conn. Gen. Stat. 28-22 (violation of a civil preparedness order a misdemeanor)

Citation: Governor Ned Lamont, Executive Order No. 7C (Mar. 15, 2020) (Ex. SEC-15-032) Open the exhibit

Ex. SEC-15-055

Executive Order 202.4 (Mar. 16, 2020; all schools closed from Mar. 18 for two weeks), extended by EO 202.11 (Mar. 27), 202.18 (Apr. 16) and the May 1, 2020 direction closing schools for the remainder of the year

Executive Order 202.4

Governor Andrew M. Cuomo, New York (State)

Dates: In force from Mar. 18, 2020 to May 1, 2020 (issued Mar. 16, 2020)
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN; RL; FS; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 45

Enforcement: N.Y. Executive Law 29-a; Public Health Law 12

Citation: Governor Andrew M. Cuomo, Executive Order 202.4 (Mar. 16, 2020; all schools closed from Mar. 18 for two weeks), extended by EO 202.11 (Mar. 27), 202.18 (Apr. 16) and the May 1, 2020 direction closing schools for the remainder of the year (Ex. SEC-15-055)

Ex. SEC-15-093

Executive Order 1460 (Mar. 19, 2020: all public schools closed through Apr. 17, 2020) and Executive Order 1476 (recited as Apr. 22, 2020: all public school buildings closed for the remainder of the 2019-20 academic year)

Mississippi school closure orders of 2020 (EO 1460; EO 1476)

Governor Tate Reeves, Mississippi (State)

Dates: In force from Mar. 19, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN; RL; FS; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 104 (in force on the last day)

As recited in EO 1517 (Ex. SEC-15-058): 'on March 19, 2020, I issued Executive Order 1460... closing all Mississippi public schools through April 17, 2020... on April 22, 2020, I issued Executive Order 1476... closing all Mississippi public school buildings through the remainder of the 2019-2020 academic year.'

Enforcement: Miss. Code Ann. 33-15-17

Citation: Governor Tate Reeves, Executive Order 1460 (Mar. 19, 2020: all public schools closed through Apr. 17, 2020) and Executive Order 1476 (recited as Apr. 22, 2020: all public school buildings closed for the remainder of the 2019-20 academic year) (Ex. SEC-15-093)

Ex. SEC-15-020

Emergency Executive Order 20-02

Authorizing and Directing the Commissioner of Education to Temporarily Close Schools to Plan for a Safe Educational Environment

Governor Tim Walz, Minnesota (State)

Dates: In force from Mar. 27, 2020 to June 30, 2020 (issued Mar. 15, 2020)
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN; RL; EC; FS; TR; WF; CB
Grade: Primary source read
Days in this quarter: 96 (in force on the last day)

1.... direct the Commissioner of Education to close all schools to students, except as set forth below, beginning on Wednesday, March 18, 2020 through Friday, March 27, 2020 ('Closure Period'). 2. This order applies to all schools as set forth in Minnesota Statutes 2019, section 12.21, subdivision 3(11). I encourage tribal and private schools to fulfill the spirit and directives of this Executive Order.... 8.... During the Closure Period, schools are expected to provide meals to their students.... 10. During the Closure Period, school districts are directed to explore options to care for, and protect the health and safety of, children in low-income families...

Enforcement: Minn. Stat. 12.45 (misdemeanor)

Citation: Governor Tim Walz, Emergency Executive Order 20-02 (Mar. 15, 2020) (Ex. SEC-15-020) Open the exhibit

Ex. SEC-15-025

Executive Order 2020-05 (COVID-19 Executive Order No. 3)

Executive Order in Response to COVID-19 (closure of all public and private pre-K-12 schools)

Governor JB Pritzker, Illinois (State)

Dates: In force from Mar. 30, 2020 to Apr. 17, 2020 (issued Mar. 13, 2020)
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN; RL; FS; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 19

Section 1. Beginning on March 17, 2020, all public and private schools in Illinois serving pre-kindergarten through 12th grade students must close for educational purposes through March 30, 2020. This requirement does not affect the availability of school buildings for the provision of food or other non-educational services, nor does it affect the availability of school buildings to serve as election polling locations.

Enforcement: 20 ILCS 3305/7; 20 ILCS 3305/19

Citation: Governor JB Pritzker, Executive Order 2020-05 (COVID-19 Executive Order No. 3) (Mar. 13, 2020) (Ex. SEC-15-025) Open the exhibit

Ex. SEC-15-039

Executive Order 03.16.20.01

School Closures to Stop Spread of COVID-19

Governor Brian P. Kemp, Georgia (State)

Dates: In force from Mar. 31, 2020 to June 30, 2020 (issued Mar. 16, 2020)
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN; RL; CP; FS; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 92 (in force on the last day)

WHEREAS: In consultation with the Governor's Coronavirus Task Force and local, state, and federal education, health and emergency preparedness officials, I have determined that closing all elementary, secondary, and post-secondary public schools in Georgia is a necessary and appropriate action to protect the health, safety, and welfare of Georgia's residents and visitors to help control the spread of COVID-19 throughout this State.

Enforcement: O.C.G.A. 38-3-7 (violation a misdemeanor)

Citation: Governor Brian P. Kemp, Executive Order 03.16.20.01 (Mar. 16, 2020) (Ex. SEC-15-039) Open the exhibit

Ex. SEC-15-051

Executive Order 2020-35

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

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 2, 2020 to Apr. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Schools and child careEvents and venues
Functions reached: IN; RL; AC; FS; TR; CP; WF; CB
Grade: Primary source read
Days in this quarter: 29

I. Suspension of in-person K-12 instruction for the remainder of 2019-2020 school year. A. Except as provided in section III of this order, in-person instruction for pupils in kindergarten through grade 12 ('K-12') is suspended for the remainder of the 2019-2020 school year and school buildings used for the provision of K-12 education must remain closed for the purpose of providing K-12 education in person for the remainder of the 2019-2020 school year, unless restrictions on public gatherings and use of school buildings are lifted before the end of the 2019-2020 school year. K-12 school sports activities and other in-person extracurricular school activities are suspended while any state of emergency or state of disaster prompted by COVID-19 is in effect. This section I.A applies to all public, nonpublic, and boarding schools in the state.

Enforcement: MCL 10.33; MCL 30.405(3)

Citation: Governor Gretchen Whitmer, Executive Order 2020-35 (Apr. 2, 2020) (Ex. SEC-15-051) Open the exhibit

Ex. SEC-15-061

Emergency Order #1 pursuant to Executive Order 2020-04 (temporary remote instruction and support for public K-12 schools)

Emergency Order #1

Governor Christopher T. Sununu, New Hampshire (State)

Dates: In force from Apr. 3, 2020 to Apr. 16, 2020 (issued Mar. 15, 2020)
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN; RL; FS; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 14

Enforcement: RSA 21-P:47

Citation: Governor Christopher T. Sununu, Emergency Order #1 pursuant to Executive Order 2020-04 (temporary remote instruction and support for public K-12 schools) (Mar. 15, 2020) (Ex. SEC-15-061)

Ex. SEC-15-049

Executive Order 2020-16

Expanding child care access during the COVID-19 emergency (disaster relief child care centers)

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from Apr. 15, 2020 to June 30, 2020 (issued Mar. 18, 2020)
Quarters: 2020 Q2
Limitations: Schools and child careOther
Functions reached: EC; WF; HR; OP
Grade: Primary source read
Days in this quarter: 77 (in force on the last day)

2. Effective immediately and continuing through April 15, 2020 at 11:59 pm, strict compliance with subsection (2) of section 5m of the Child Care Organizations Act... is suspended, as follows: (a) An employer may establish and maintain a disaster relief child care center without a license from LARA. (b) A school district or a nonpublic school may establish and maintain a disaster relief child care center in a school building without a license from LARA. 3. LARA must issue rules and/or orders governing disaster relief child care centers.... 4.... disaster relief child care centers may operate in any school facilities operated by a school district or nonpublic school that are closed...

Enforcement: MCL 10.33; MCL 30.405(3)

Citation: Governor Gretchen Whitmer, Executive Order 2020-16 (Mar. 18, 2020) (Ex. SEC-15-049) Open the exhibit

Ex. SEC-15-076

Executive Order D 2020 007

Ordering Suspension of Normal In-Person Instruction at All Public and Private Elementary and Secondary Schools in the State of Colorado Due to the Presence of COVID-19

Governor Jared Polis, Colorado (State)

Dates: In force from Apr. 17, 2020; end: Extended through April 30 (D 2020 021, Apr. 1, 2020) and for the remainder of… (issued Mar. 18, 2020)
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN; RL; FS; TR; AC; EC; WF; CB
Grade: Primary source read
Days in this quarter: 75 (in force on the last day)

I... hereby issue this Executive Order declaring [that all public and private elementary and secondary schools] shall suspend normal in-person instruction from March 23, 2020 to April 17, 2020... This Executive Order applies to all students and employees of P-12 [public and private schools]... D. I hereby direct local public health agencies to work with child care providers...

Enforcement: C.R.S. 24-33.5-704

Citation: Governor Jared Polis, Executive Order D 2020 007 (Mar. 18, 2020) (Ex. SEC-15-076) Open the exhibit

Ex. SEC-15-041

Proclamation 20-09 (Statewide K-12 School Closures), as amended by 20-09.1 (Apr. 6, 2020; remainder of the school year)

Coronavirus Schools Closure

Governor Jay Inslee, Washington (State)

Dates: In force from Apr. 24, 2020; end: Extended for the remainder of the 2019-20 school year (Apr. 6, 2020); fall 2020… (issued Mar. 13, 2020)
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN; RL; FS; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 68 (in force on the last day)

Enforcement: RCW 43.06.220(5) (gross misdemeanor)

Citation: Governor Jay Inslee, Proclamation 20-09 (Statewide K-12 School Closures), as amended by 20-09.1 (Apr. 6, 2020; remainder of the school year) (Mar. 13, 2020) (Ex. SEC-15-041)

Ex. SEC-15-057

Executive Order No. 20-07

Temporarily closing K-12 schools to slow the spread of COVID-19

Governor Laura Kelly, Kansas (State)

Dates: In force from May 29, 2020 to May 29, 2020 (issued Mar. 17, 2020)
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN; RL; FS; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 1

1. All K-12 school buildings or facilities-whether public or private-used for student instruction are to close and cease in-person instruction until May 29, 2020, except as allowed below. 2. Any school building or facility operating with a total of fewer than 10 students, instructors, or staff may continue normal operations so long as they comply with all directives regarding social distancing... 6. This order supersedes any contrary or less restrictive order by any local health department regarding the operation of schools...

Enforcement: K.S.A. 48-939 (class A misdemeanor)

Citation: Governor Laura Kelly, Executive Order No. 20-07 (Mar. 17, 2020) (Ex. SEC-15-057) Open the exhibit

Ex. SEC-15-013

Executive Order No. 149 (2020)

Reopening of child care centers (June 15, 2020) and youth summer camps (July 6, 2020) under DOH COVID-19 Child Care and Youth Summer Camp Standards; resumption of certain outdoor organized sports

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from June 15, 2020 to Dec. 31, 2020 (issued May 30, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Schools and child careEvents and venuesWorkplace rules
Functions reached: EC; AC; HR; OP; CB
Grade: Primary source read
Days in this quarter: 16 (in force on the last day)

2. The Commissioner of the Department of Health... shall impose Standards for COVID-19 Related Health and Safety Applicable in New Jersey Child Care and Youth Summer Camp Settings... 6. Effective 6:00 a.m. on June 15, 2020, child care centers and other child care facilities are permitted to resume operations for all clients, provided that they comply with the COVID-19 Child Care and Youth Summer Camp Standards... Each child care center and other child care facility must submit an attestation to the DCF no later than 24 hours prior to the anticipated opening date... 8. Youth summer camps shall be permitted to operate on or after Monday, July 6, 2020, provided that they comply with the COVID-19 Child Care and Youth Summer Camp Standards...

Enforcement: N.J.S.A. App. A:9-49 and -50

Citation: Governor Philip D. Murphy, Executive Order No. 149 (2020) (May 30, 2020) (Ex. SEC-15-013) Open the exhibit

Ex. SEC-15-019

Executive Order 2020-41

2020-2021 School Year: Prioritizing Kids and Schools During COVID-19

Governor Douglas A. Ducey, Arizona (State)

Dates: In force from June 24, 2020 to July 23, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Schools and child care
Functions reached: IN; RL; AC; FS; TR; WF; CB
Grade: Primary source read
Days in this quarter: 7 (in force on the last day)

1. The State Board of Education and the Arizona State Board for Charter Schools shall allow school districts and charter schools to offer distance learning options for students without an approved Arizona Online Instruction (AOI) program for the 2020-2021 school year subject to the following requirements and based on the need to limit class size and provide options for students whose parents determine it is in the best interest of their child not to attend in person: a. Prior to implementation of distance learning, school districts shall submit a distance learning plan...

Enforcement: A.R.S. 26-317 (violation of an emergency order a class 1 misdemeanor)

Citation: Governor Douglas A. Ducey, Executive Order 2020-41 (June 24, 2020) (Ex. SEC-15-019) Open the exhibit

Ex. SEC-15-001

School responses to the coronavirus (COVID-19) pandemic during the 2019-2020 academic year (State-by-State closure chronology)

School responses to the coronavirus (COVID-19) pandemic during the 2019-2020 academic year

Ballotpedia (Lucy Burns Institute), United States (fifty States) (Other)

Dates: In force from June 30, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN; RL; EC; TR; FS; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 1 (in force on the last day)

All 50 states closed schools to in-person instruction at some point during the 2019-2020 academic year. In forty-eight states, officials closed schools to in-person instruction for the remainder of the academic year after the coronavirus outbreak. Officials in Montana and Wyoming closed schools to in-person instruction but later allowed them to reopen.

Enforcement: n/a (secondary source)

Citation: Ballotpedia (Lucy Burns Institute), School responses to the coronavirus (COVID-19) pandemic during the 2019-2020 academic year (State-by-State closure chronology) (June 30, 2020) (Ex. SEC-15-001) Open the exhibit

Ex. SEC-15-077

Second Amended Order the Closure of All K-12 Schools in the State of Ohio (following the Director's Orders of March 14 and March 30, 2020)

Director's Order: Second Amended Order the Closure of All K-12 Schools in the State of Ohio

Director of Health Amy Acton, M.D., M.P.H., Ohio Department of Health, Ohio (Sector regulator)

Dates: In force from June 30, 2020 to June 30, 2020 (issued Apr. 29, 2020)
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: IN; RL; FS; AC; TR; OP; WF; CB
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

1. All school buildings that provide any kindergarten through grade twelve instruction in the State of Ohio are to remain closed to students until 11:59 p.m. on June 30, 2020. 2. For the purpose of clarity, this closure does not include administrators, teachers, staff, vendors or contractors of a school.... Telework options should be explored and encouraged whenever feasible. 3. This Order does not apply to and/or excludes activities or events at schools for voting, food services, boarding schools holding a charter from the State Board of Education, health services, charitable work or any activity approved by the local health department. 4. This Order does not apply to and/or excludes day camps licensed by the Ohio Department of Job and Family Services... approved, in writing, by the local health department... 5. This Order shall remain in full force and effect until the State of…

Enforcement: R.C. 3701.352; R.C. 3701.99

Citation: Director of Health Amy Acton, M.D., M.P.H., Ohio Department of Health, Second Amended Order the Closure of All K-12 Schools in the State of Ohio (following the Director's Orders of March 14 and March 30, 2020) (Apr. 29, 2020) (Ex. SEC-15-077) Open the exhibit

Ex. SEC-15-004

SEVP Broadcast Message 2003-01: COVID-19 and Potential Procedural Adaptations for F and M nonimmigrant students

Broadcast Message: Coronavirus Disease 2019 (COVID-19) and Potential Procedural Adaptations for F and M nonimmigrant students

U.S. Immigration and Customs Enforcement, Student and Exchange Visitor Program (SEVP), United States (Federal)

Dates: In force from Mar. 13, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineOther
Functions reached: AD; CP; RL; IN; CB
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

SEVP-certified schools may need to adapt their procedures and policies to address the significant public health concerns associated with the COVID-19 crisis.... SEVP-certified schools should advise students traveling from countries impacted by COVID-19...

Enforcement: SEVP certification and student status (8 C.F.R. 214.3, 214.2(f)); schools must report procedural changes within 10 business days

Citation: U.S. Immigration and Customs Enforcement, Student and Exchange Visitor Program (SEVP), SEVP Broadcast Message 2003-01: COVID-19 and Potential Procedural Adaptations for F and M nonimmigrant students (Mar. 13, 2020) (Ex. SEC-15-004) 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-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)

Paid Leave Under the Families First Coronavirus Response Act, 85 Fed. Reg. 57677 (Sept. 16, 2020)

Wage and Hour Division, U.S. Department of Labor, United States (Federal)

Dates: In force from Sept. 16, 2020 to Dec. 31, 2020 (issued Sept. 11, 2020)
Quarters: 2020 Q32020 Q4
Limitations: Schools and child careWorkplace rulesQuarantine and isolation
Functions reached: WF; HR (health care employers lost the broad exclusion from Sept. 16, 2020)
Grade: Primary source read
Days in this quarter: 15 (in force on the last day)

DATES: This rule is effective from September 16, 2020 through December 31, 2020.... On August 3, 2020, the District Court ruled that four parts of the temporary rule are invalid: (1) The requirement under § 826.20 that paid sick leave and expanded family and medical leave are available only if an employee has work from which to take leave; (2) the requirement under § 826.50 that an employee may take FFCRA leave intermittently only with employer approval; (3) the definition of an employee who is a 'health care provider,' set forth in § 826.30(c)(1), whom an employer may exclude from being eligible for FFCRA leave; and (4) the statement in § 826.100 that employees who take FFCRA leave must provide their employers with certain documentation before taking leave.

Enforcement: FLSA enforcement

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

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

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

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

Ex. FED-006

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

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-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)

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-170	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)	In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171	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)	In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
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

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.

Regulators of Education and Child Care

Ex. SEC-15-052

Executive Order 2020-142 (MI Safe Schools: Michigan's 2020-21 Return to School Roadmap)

Provision of preK-12 education for the 2020-2021 school year

Governor Gretchen Whitmer, Michigan (State)

Dates: In force from June 30, 2020 to Oct. 2, 2020
Quarters: 2020 Q32020 Q4
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN; RL; TR; FS; AC; HR; OP; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

Enforcement: MCL 10.33; MCL 30.405(3)

Citation: Governor Gretchen Whitmer, Executive Order 2020-142 (MI Safe Schools: Michigan's 2020-21 Return to School Roadmap) (June 30, 2020) (Ex. SEC-15-052) Open the exhibit

Ex. SEC-15-018

Executive Order No. 155 (2020)

Resumption of in-person instruction and on-campus operations at institutions of higher education and training schools from July 1, 2020 under the Secretary of Higher Education's restart standards

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from July 1, 2020 to Aug. 13, 2020 (issued June 18, 2020)
Quarters: 2020 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN; CP; AD; TR; FS; AC; HR; OP; WF; CB
Grade: Primary source read
Days in this quarter: 44 (in force on the first day)

1. Effective July 1, 2020, degree-granting public and private institutions of higher education ('IHE') may resume [in-person instruction and on-campus operations under the 'Restart Standards for all New Jersey Institutions of Higher Education']... [each institution] must submit a restart plan... c. Use of face coverings for faculty, staff, students, and visitors... j. A plan for on-campus transportation... 16. Penalties for violations of this Order may be imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50.

Enforcement: N.J.S.A. App. A:9-49 and -50

Citation: Governor Philip D. Murphy, Executive Order No. 155 (2020) (June 18, 2020) (Ex. SEC-15-018) Open the exhibit

Ex. SEC-15-090

TEA Public Health Planning Guidance for the 2020-21 school year (July 7, 2020; on-campus instruction with masks required; parental choice of remote; attendance-funding flexibility of July 14-17, 2020 for up to eight weeks of remote instruction), and the Aug. 5 and Aug. 19, 2021 public health guidance (mask provision not enforced during the GA-38 litigation)

TEA SY 2020-21 Public Health Planning Guidance and 2021-22 updates

Texas Education Agency (Commissioner Mike Morath), Texas (Sector regulator)

Dates: In force from July 7, 2020 to June 4, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; RL; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 86 (in force on the last day)

Enforcement: Attendance-based State funding (Tex. Educ. Code ch. 48)

Citation: Texas Education Agency (Commissioner Mike Morath), TEA Public Health Planning Guidance for the 2020-21 school year (July 7, 2020; on-campus instruction with masks required; parental choice of remote; attendance-funding flexibility of July 14-17, 2020 for up to eight weeks of remote instruction), and the Aug. 5 and Aug. 19, 2021 public health guidance (mask provision not enforced during the GA-38 litigation) (Ex. SEC-15-090)

Ex. SEC-15-053

COVID-19 Industry Guidance: Schools and School-Based Programs (July 17, 2020)

COVID-19 Industry Guidance: Schools and School-Based Programs

California Department of Public Health (with Cal/OSHA), under the Governor's July 17, 2020 framework, California (Sector regulator)

Dates: In force from July 17, 2020 to Jan. 14, 2021
Quarters: 2020 Q32020 Q4
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN; RL; TR; FS; AC; HR; OP; WF; CB
Grade: Primary source read
Days in this quarter: 76 (in force on the last day)

Release date: July 17, 2020... Employers must provide and ensure staff use face coverings in [accordance with CDPH guidelines]... 3. Face Coverings. Face coverings must be used in accordance with CDPH guidelines unless a [person is exempt]...

Enforcement: Health & Safety Code 120275 et seq.; the County Monitoring List rule (schools in listed counties may not open for in-person instruction until off the list 14 consecutive days)

Citation: California Department of Public Health (with Cal/OSHA), under the Governor's July 17, 2020 framework, COVID-19 Industry Guidance: Schools and School-Based Programs (July 17, 2020) (Ex. SEC-15-053) Open the exhibit

Ex. SEC-15-092

The July 17-20, 2020 fall-opening orders of Kansas, Utah and Iowa (grouped record)

Kansas EO 20-59; Utah UDOH K-12 face-covering order; Iowa Proclamation of July 17, 2020

Governor Laura Kelly (KS EO 20-59, July 20, 2020: face coverings in schools); Utah Department of Health (State Public Health Order of July 20, 2020: face coverings in all public and private K-12 schools); Governor Kim Reynolds (Iowa Proclamation of July 17, 2020: at least half of instruction in person), Kansas; Utah; Iowa (State)

Dates: In force from July 20, 2020 to Jan. 29, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; RL; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 73 (in force on the last day)

Enforcement: Kansas: K.S.A. 48-939; Utah: Utah Code 26-23-6; Iowa: Iowa Code 29C.6

Citation: Governor Laura Kelly (KS EO 20-59, July 20, 2020: face coverings in schools); Utah Department of Health (State Public Health Order of July 20, 2020: face coverings in all public and private K-12 schools); Governor Kim Reynolds (Iowa Proclamation of July 17, 2020: at least half of instruction in person), The July 17-20, 2020 fall-opening orders of Kansas, Utah and Iowa (grouped record) (July 20, 2020) (Ex. SEC-15-092) Open the exhibit

Ex. SEC-15-021

Emergency Executive Order 20-82 (Safe Learning Plan for the 2020-21 school year)

Implementing a Safe Learning Plan for the 2020-21 School Year

Governor Tim Walz, Minnesota (State)

Dates: In force from July 30, 2020 to June 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; RL; AC; TR; FS; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 63 (in force on the last day)

Enforcement: Minn. Stat. 12.45

Citation: Governor Tim Walz, Emergency Executive Order 20-82 (Safe Learning Plan for the 2020-21 school year) (July 30, 2020) (Ex. SEC-15-021)

Ex. SEC-15-058

Executive Order No. 1517

Face coverings in schools; delayed start of the 2020-21 year for grades 7-12 in eight counties

Governor Tate Reeves, Mississippi (State)

Dates: In force from Aug. 4, 2020 to Mar. 2, 2021
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; TR; AC; FS; WF; CB
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

WHEREAS, on March 19, 2020, I issued Executive Order 1460... closing all Mississippi public schools through April 17, 2020... WHEREAS, on April 22, 2020, I issued Executive Order 1476... closing all Mississippi public school buildings through the remainder of the 2019-2020 academic year... I. Every person in Mississippi shall wear a face covering, covering the nose and mouth, while inside a school building or classroom, or when outdoors on a school campus whenever it is not possible to maintain a minimum of six feet of social distancing from another person not in the same household...

Enforcement: Miss. Code Ann. 33-15-17 (misdemeanor)

Citation: Governor Tate Reeves, Executive Order No. 1517 (Aug. 4, 2020) (Ex. SEC-15-058) Open the exhibit

Ex. SEC-15-014

Executive Order No. 175 (2020)

Reopening of schools for the 2020-2021 school year under mandatory health and safety standards; remote instruction where standards cannot be met; in-person higher education

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Aug. 13, 2020 to Aug. 6, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN; RL; TR; FS; AC; CP; HR; OP; WF; CB
Grade: Primary source read
Days in this quarter: 49 (in force on the last day)

2. All school districts that reopen for full or part-time in-person instruction must meet the following health and safety standards... a. At least six (6) feet of distance between individuals in all settings to the greatest extent practicable or social distancing modifications... b. Mandatory use of face coverings by staff, students, and visitors... 7. Public school districts that are or become unable to satisfy the health and safety requirements for in-person instruction, as detailed in Paragraph 2 of this Order, may provide full-time remote instruction to all students pursuant to N.J.S.A. 18A:7F-9.

Enforcement: N.J.S.A. App. A:9-49 and -50

Citation: Governor Philip D. Murphy, Executive Order No. 175 (2020) (Aug. 13, 2020) (Ex. SEC-15-014) Open the exhibit

Ex. SEC-15-069

Director's Order Requiring the Use of Facial Coverings in Child Education Settings

Interim Director of Health Lance D. Himes, Ohio Department of Health, Ohio (Sector regulator)

Dates: In force from Aug. 14, 2020 to June 2, 2021 (issued Aug. 13, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; EC; TR; AC; FS; WF; CB
Grade: Primary source read
Days in this quarter: 48 (in force on the last day)

1. Facial Coverings (Masks). Except as provided herein, all students, faculty, and staff in any child care setting, school building, or other location that provides care or education to any child in kindergarten through grade twelve in the State of Ohio shall wear facial coverings at all times when: a. In any indoor location including, but not limited to, classrooms, gymnasiums, offices, locker rooms, hallways, cafeteria, and/or locker bays; b. Outdoors on school property and unable to consistently maintain a distance of six feet or more...; c. Waiting for a school bus outdoors and unable to maintain a distance of six feet or more...; or d. Riding a school bus.... 3. Duration: This Order shall be effective at 12:01 a.m. on August 14, 2020 and remains in full force and effect until the State of Emergency declared by the Governor no longer exists or the Director of the Ohio Department of…

Enforcement: R.C. 3701.352; R.C. 3701.99 (misdemeanor of the second degree)

Citation: Interim Director of Health Lance D. Himes, Ohio Department of Health, Director's Order Requiring the Use of Facial Coverings in Child Education Settings (Aug. 13, 2020) (Ex. SEC-15-069) Open the exhibit

Ex. SEC-15-091

DOE Emergency Order No. 2020-EO-06 (July 6, 2020): all school boards and charter school governing boards to open brick-and-mortar schools at least five days per week for all students in August 2020, subject to DOH advice; Florida Education Ass'n v. DeSantis (Leon County Cir. Ct. temporary injunction Aug. 24, 2020; stayed by the First District Court of Appeal Aug. 28, 2020)

DOE Emergency Order 2020-EO-06

Florida Department of Education (Commissioner Richard Corcoran), Florida (Sector regulator)

Dates: In force from Aug. 31, 2020 to June 30, 2021 (issued July 6, 2020)
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Schools and child care
Functions reached: IN; RL; TR; FS; AC; WF; CB
Grade: Primary source read
Days in this quarter: 31 (in force on the last day)

Enforcement: Conditioning of full-time-equivalent funding on approved reopening plans

Citation: Florida Department of Education (Commissioner Richard Corcoran), DOE Emergency Order No. 2020-EO-06 (July 6, 2020): all school boards and charter school governing boards to open brick-and-mortar schools at least five days per week for all students in August 2020, subject to DOH advice; Florida Education Ass'n v. DeSantis (Leon County Cir. Ct. temporary injunction Aug. 24, 2020; stayed by the First District Court of Appeal Aug. 28, 2020) (Ex. SEC-15-091) Open the exhibit

Ex. SEC-15-002

School responses to the coronavirus (COVID-19) pandemic during the 2020-2021 academic year (State reopening regimes, mid-year closures, return orders, monthly status)

School responses to the coronavirus (COVID-19) pandemic during the 2020-2021 academic year

Ballotpedia, United States (fifty States) (Other)

Dates: In force from June 30, 2021 to June 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Face-covering requirementSchools and child careEvents and venues
Functions reached: IN; RL; AC; FS; TR; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 0

Kentucky: 'November 23, 2020: All K-12 public and private schools statewide had to stop in-person classes. Middle and high school instruction were scheduled to remain remote through at least Jan. 4.' Michigan: 'November 18, 2020: Michigan Gov. Gretchen Whitmer (D) announced a three-week ban on in-person high school and college instruction across the state beginning Nov. 18.' New Mexico: 'January 4, 2021: Schools in New Mexico were required to close in-person instruction through Jan. 15.'

Enforcement: n/a

Citation: Ballotpedia, School responses to the coronavirus (COVID-19) pandemic during the 2020-2021 academic year (State reopening regimes, mid-year closures, return orders, monthly status) (June 30, 2021) (Ex. SEC-15-002) Open the exhibit

Ex. SEC-15-005

SEVP Broadcast Message 2007-01: COVID-19 and Fall 2020

Broadcast Message: COVID-19 and Fall 2020

ICE SEVP, United States (Federal)

Dates: In force from July 6, 2020 to July 14, 2020
Quarters: 2020 Q3
Limitations: Travel and quarantineOther
Functions reached: AD; CP; IN; RL; CB
Grade: Primary source read
Days in this quarter: 9

Temporary procedural adaptations related to online courses permitted by the Student and Exchange Visitor Program (SEVP)... will be modified for the fall 2020 semester.... For the fall 2020 semester, SEVP is modifying these temporary exemptions.

Enforcement: Student status; visa issuance; schools' SEVIS reporting

Citation: ICE SEVP, SEVP Broadcast Message 2007-01: COVID-19 and Fall 2020 (July 6, 2020) (Ex. SEC-15-005) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-15-011	Governor Philip D. Murphy, Executive Order No. 104 (2020) (Mar. 16, 2020) (Ex. SEC-15-011)	In force from Mar. 18, 2020 to Aug. 13, 2020 (issued Mar. 16, 2020)	Business closureGathering capSchools and child careCurfew and hours
Ex. SEC-15-042	Governor Jay Inslee, Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021) (Mar. 20, 2020) (Ex. SEC-15-042)	In force from Mar. 20, 2020 to July 12, 2021	Business closureSchools and child careWorkplace rules
Ex. SEC-15-071	Director of Health Amy Acton, M.D., M.P.H., Ohio Department of Health, Director's Order that Reopens Facilities Providing Child Care Services, with Exceptions (rescinding the Director's Order of March 24, 2020 that closed facilities providing child care services) (May 31, 2020) (Ex. SEC-15-071)	In force from May 31, 2020 to Aug. 9, 2020	Business closureFace-covering requirementSchools and child careWorkplace rules
Ex. SEC-15-051	Governor Gretchen Whitmer, Executive Order 2020-35 (Apr. 2, 2020) (Ex. SEC-15-051)	In force from Apr. 2, 2020 to Apr. 30, 2020	Schools and child careEvents and venues
Ex. SEC-15-013	Governor Philip D. Murphy, Executive Order No. 149 (2020) (May 30, 2020) (Ex. SEC-15-013)	In force from June 15, 2020 to Dec. 31, 2020 (issued May 30, 2020)	Schools and child careEvents and venuesWorkplace rules
Ex. SEC-15-019	Governor Douglas A. Ducey, Executive Order 2020-41 (June 24, 2020) (Ex. SEC-15-019)	In force from June 24, 2020 to July 23, 2020	Schools and child care
Ex. SEC-15-004	U.S. Immigration and Customs Enforcement, Student and Exchange Visitor Program (SEVP), SEVP Broadcast Message 2003-01: COVID-19 and Potential Procedural Adaptations for F and M nonimmigrant students (Mar. 13, 2020) (Ex. SEC-15-004)	In force from Mar. 13, 2020 to Sept. 30, 2021	Travel and quarantineOther

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-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: 13 (in force on the first day)

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

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

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-170	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)	In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171	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)	In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
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-172	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)	In force from Sept. 16, 2020 to Dec. 31, 2020 (issued Sept. 11, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
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

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.

Regulators of Education and Child Care

Ex. SEC-15-078

MDHHS Emergency Order: Gatherings and Face Mask Order of November 15, 2020 (in-person instruction at high schools and colleges suspended Nov. 18-Dec. 8, 2020; extended Dec. 7 to Dec. 20, 2020)

Gatherings and Face Mask Order (Nov. 15, 2020)

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

Dates: In force from Nov. 18, 2020 to Dec. 20, 2020 (issued Nov. 15, 2020)
Quarters: 2020 Q4
Limitations: Business closureGathering capSchools and child careEvents and venues
Functions reached: IN; RL; CP; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 33

Enforcement: MCL 333.2261 (misdemeanor); civil fines up to $1,000 under MCL 333.2262

Citation: Director Robert Gordon, Michigan Department of Health and Human Services, MDHHS Emergency Order: Gatherings and Face Mask Order of November 15, 2020 (in-person instruction at high schools and colleges suspended Nov. 18-Dec. 8, 2020; extended Dec. 7 to Dec. 20, 2020) (Nov. 15, 2020) (Ex. SEC-15-078)

Ex. SEC-15-079

Executive Order 2020-969 (all public and private K-12 schools to cease in-person instruction Nov. 23, 2020; elementary schools may reopen Dec. 7 in non-red counties; middle and high schools remote through Jan. 4, 2021)

Executive Order 2020-969

Governor Andy Beshear, Kentucky (State)

Dates: In force from Nov. 23, 2020 to Jan. 4, 2021 (issued Nov. 18, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Business closureSchools and child care
Functions reached: IN; RL; AC; FS; TR; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 39 (in force on the last day)

Enforcement: KRS 39A.990 (Class A misdemeanor)

Citation: Governor Andy Beshear, Executive Order 2020-969 (all public and private K-12 schools to cease in-person instruction Nov. 23, 2020; elementary schools may reopen Dec. 7 in non-red counties; middle and high schools remote through Jan. 4, 2021) (Nov. 18, 2020) (Ex. SEC-15-079)

Ex. SEC-15-022

Emergency Executive Order 20-99 (Four Week Dial Back), as extended by EO 20-103 (Dec. 16, 2020)

Implementing a Four Week Dial Back on Certain Activities to Slow the Spread of COVID-19 (organized youth and adult sports paused)

Governor Tim Walz, Minnesota (State)

Dates: In force from Dec. 18, 2020 to Jan. 10, 2021 (issued Nov. 18, 2020)
Quarters: 2020 Q42021 Q1
Limitations: Business closureGathering capEvents and venues
Functions reached: AC; CB; WF
Grade: Confirmed from a secondary source
Days in this quarter: 14 (in force on the last day)

Enforcement: Minn. Stat. 12.45

Citation: Governor Tim Walz, Emergency Executive Order 20-99 (Four Week Dial Back), as extended by EO 20-103 (Dec. 16, 2020) (Nov. 18, 2020) (Ex. SEC-15-022)

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-15-042	Governor Jay Inslee, Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021) (Mar. 20, 2020) (Ex. SEC-15-042)	In force from Mar. 20, 2020 to July 12, 2021	Business closureSchools and child careWorkplace rules
Ex. SEC-15-013	Governor Philip D. Murphy, Executive Order No. 149 (2020) (May 30, 2020) (Ex. SEC-15-013)	In force from June 15, 2020 to Dec. 31, 2020 (issued May 30, 2020)	Schools and child careEvents and venuesWorkplace rules
Ex. SEC-15-019	Governor Douglas A. Ducey, Executive Order 2020-41 (June 24, 2020) (Ex. SEC-15-019)	In force from June 24, 2020 to July 23, 2020	Schools and child care
Ex. SEC-15-052	Governor Gretchen Whitmer, Executive Order 2020-142 (MI Safe Schools: Michigan's 2020-21 Return to School Roadmap) (June 30, 2020) (Ex. SEC-15-052)	In force from June 30, 2020 to Oct. 2, 2020	Face-covering requirementSchools and child careWorkplace rules
Ex. SEC-15-090	Texas Education Agency (Commissioner Mike Morath), TEA Public Health Planning Guidance for the 2020-21 school year (July 7, 2020; on-campus instruction with masks required; parental choice of remote; attendance-funding flexibility of July 14-17, 2020 for up to eight weeks of remote instruction), and the Aug. 5 and Aug. 19, 2021 public health guidance (mask provision not enforced during the GA-38 litigation) (Ex. SEC-15-090)	In force from July 7, 2020 to June 4, 2021	Face-covering requirementSchools and child care
Ex. SEC-15-053	California Department of Public Health (with Cal/OSHA), under the Governor's July 17, 2020 framework, COVID-19 Industry Guidance: Schools and School-Based Programs (July 17, 2020) (Ex. SEC-15-053)	In force from July 17, 2020 to Jan. 14, 2021	Face-covering requirementSchools and child careWorkplace rules
Ex. SEC-15-092	Governor Laura Kelly (KS EO 20-59, July 20, 2020: face coverings in schools); Utah Department of Health (State Public Health Order of July 20, 2020: face coverings in all public and private K-12 schools); Governor Kim Reynolds (Iowa Proclamation of July 17, 2020: at least half of instruction in person), The July 17-20, 2020 fall-opening orders of Kansas, Utah and Iowa (grouped record) (July 20, 2020) (Ex. SEC-15-092)	In force from July 20, 2020 to Jan. 29, 2021	Face-covering requirementSchools and child care
Ex. SEC-15-021	Governor Tim Walz, Emergency Executive Order 20-82 (Safe Learning Plan for the 2020-21 school year) (July 30, 2020) (Ex. SEC-15-021)	In force from July 30, 2020 to June 30, 2021	Face-covering requirementSchools and child care
Ex. SEC-15-058	Governor Tate Reeves, Executive Order No. 1517 (Aug. 4, 2020) (Ex. SEC-15-058)	In force from Aug. 4, 2020 to Mar. 2, 2021	Face-covering requirementSchools and child care
Ex. SEC-15-014	Governor Philip D. Murphy, Executive Order No. 175 (2020) (Aug. 13, 2020) (Ex. SEC-15-014)	In force from Aug. 13, 2020 to Aug. 6, 2021	Face-covering requirementSchools and child careWorkplace rules
Ex. SEC-15-069	Interim Director of Health Lance D. Himes, Ohio Department of Health, Director's Order Requiring the Use of Facial Coverings in Child Education Settings (Aug. 13, 2020) (Ex. SEC-15-069)	In force from Aug. 14, 2020 to June 2, 2021 (issued Aug. 13, 2020)	Face-covering requirementSchools and child care
Ex. SEC-15-091	Florida Department of Education (Commissioner Richard Corcoran), DOE Emergency Order No. 2020-EO-06 (July 6, 2020): all school boards and charter school governing boards to open brick-and-mortar schools at least five days per week for all students in August 2020, subject to DOH advice; Florida Education Ass'n v. DeSantis (Leon County Cir. Ct. temporary injunction Aug. 24, 2020; stayed by the First District Court of Appeal Aug. 28, 2020) (Ex. SEC-15-091)	In force from Aug. 31, 2020 to June 30, 2021 (issued July 6, 2020)	Schools and child care
Ex. SEC-15-002	Ballotpedia, School responses to the coronavirus (COVID-19) pandemic during the 2020-2021 academic year (State reopening regimes, mid-year closures, return orders, monthly status) (June 30, 2021) (Ex. SEC-15-002)	In force from June 30, 2021 to June 30, 2021	Face-covering requirementSchools and child careEvents and venues
Ex. SEC-15-004	U.S. Immigration and Customs Enforcement, Student and Exchange Visitor Program (SEVP), SEVP Broadcast Message 2003-01: COVID-19 and Potential Procedural Adaptations for F and M nonimmigrant students (Mar. 13, 2020) (Ex. SEC-15-004)	In force from Mar. 13, 2020 to Sept. 30, 2021	Travel and quarantineOther

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-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: 90 (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: 90 (the whole quarter)

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

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

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

Ex. FED-071

Executive Order 13910

Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19, 85 Fed. Reg. 17001 (Mar. 26, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 23, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC PPE procurement and inventory of every employer; RT retail of designated materials; DS wholesale distribution
Grade: Primary source read
Days in this quarter: 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 (29 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

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.

Regulators of Education and Child Care

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-15-042	Governor Jay Inslee, Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021) (Mar. 20, 2020) (Ex. SEC-15-042)	In force from Mar. 20, 2020 to July 12, 2021	Business closureSchools and child careWorkplace rules
Ex. SEC-15-079	Governor Andy Beshear, Executive Order 2020-969 (all public and private K-12 schools to cease in-person instruction Nov. 23, 2020; elementary schools may reopen Dec. 7 in non-red counties; middle and high schools remote through Jan. 4, 2021) (Nov. 18, 2020) (Ex. SEC-15-079)	In force from Nov. 23, 2020 to Jan. 4, 2021 (issued Nov. 18, 2020)	Business closureSchools and child care
Ex. SEC-15-022	Governor Tim Walz, Emergency Executive Order 20-99 (Four Week Dial Back), as extended by EO 20-103 (Dec. 16, 2020) (Nov. 18, 2020) (Ex. SEC-15-022)	In force from Dec. 18, 2020 to Jan. 10, 2021 (issued Nov. 18, 2020)	Business closureGathering capEvents and venues
Ex. SEC-15-090	Texas Education Agency (Commissioner Mike Morath), TEA Public Health Planning Guidance for the 2020-21 school year (July 7, 2020; on-campus instruction with masks required; parental choice of remote; attendance-funding flexibility of July 14-17, 2020 for up to eight weeks of remote instruction), and the Aug. 5 and Aug. 19, 2021 public health guidance (mask provision not enforced during the GA-38 litigation) (Ex. SEC-15-090)	In force from July 7, 2020 to June 4, 2021	Face-covering requirementSchools and child care
Ex. SEC-15-092	Governor Laura Kelly (KS EO 20-59, July 20, 2020: face coverings in schools); Utah Department of Health (State Public Health Order of July 20, 2020: face coverings in all public and private K-12 schools); Governor Kim Reynolds (Iowa Proclamation of July 17, 2020: at least half of instruction in person), The July 17-20, 2020 fall-opening orders of Kansas, Utah and Iowa (grouped record) (July 20, 2020) (Ex. SEC-15-092)	In force from July 20, 2020 to Jan. 29, 2021	Face-covering requirementSchools and child care
Ex. SEC-15-021	Governor Tim Walz, Emergency Executive Order 20-82 (Safe Learning Plan for the 2020-21 school year) (July 30, 2020) (Ex. SEC-15-021)	In force from July 30, 2020 to June 30, 2021	Face-covering requirementSchools and child care
Ex. SEC-15-058	Governor Tate Reeves, Executive Order No. 1517 (Aug. 4, 2020) (Ex. SEC-15-058)	In force from Aug. 4, 2020 to Mar. 2, 2021	Face-covering requirementSchools and child care
Ex. SEC-15-014	Governor Philip D. Murphy, Executive Order No. 175 (2020) (Aug. 13, 2020) (Ex. SEC-15-014)	In force from Aug. 13, 2020 to Aug. 6, 2021	Face-covering requirementSchools and child careWorkplace rules
Ex. SEC-15-069	Interim Director of Health Lance D. Himes, Ohio Department of Health, Director's Order Requiring the Use of Facial Coverings in Child Education Settings (Aug. 13, 2020) (Ex. SEC-15-069)	In force from Aug. 14, 2020 to June 2, 2021 (issued Aug. 13, 2020)	Face-covering requirementSchools and child care
Ex. SEC-15-091	Florida Department of Education (Commissioner Richard Corcoran), DOE Emergency Order No. 2020-EO-06 (July 6, 2020): all school boards and charter school governing boards to open brick-and-mortar schools at least five days per week for all students in August 2020, subject to DOH advice; Florida Education Ass'n v. DeSantis (Leon County Cir. Ct. temporary injunction Aug. 24, 2020; stayed by the First District Court of Appeal Aug. 28, 2020) (Ex. SEC-15-091)	In force from Aug. 31, 2020 to June 30, 2021 (issued July 6, 2020)	Schools and child care
Ex. SEC-15-002	Ballotpedia, School responses to the coronavirus (COVID-19) pandemic during the 2020-2021 academic year (State reopening regimes, mid-year closures, return orders, monthly status) (June 30, 2021) (Ex. SEC-15-002)	In force from June 30, 2021 to June 30, 2021	Face-covering requirementSchools and child careEvents and venues
Ex. SEC-15-004	U.S. Immigration and Customs Enforcement, Student and Exchange Visitor Program (SEVP), SEVP Broadcast Message 2003-01: COVID-19 and Potential Procedural Adaptations for F and M nonimmigrant students (Mar. 13, 2020) (Ex. SEC-15-004)	In force from Mar. 13, 2020 to Sept. 30, 2021	Travel and quarantineOther

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.

Regulators of Education and Child Care

Ex. SEC-15-029

Executive Order GA-36

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

Governor Greg Abbott, Texas (State)

Dates: In force from May 18, 2021 to July 29, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementSchools and child careOther
Functions reached: IN; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

1. No governmental entity, including a county, city, school district, and public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering... 2. Notwithstanding the above, public schools may continue to follow policies regarding the wearing of face coverings to the extent reflected in current guidance by the Texas Education Agency, until June 4, 2021. The Texas Education Agency shall revise its guidance such that, effective 11:59 p.m. on June 4, 2021, no student, teacher, parent, or other staff member or visitor may be required to wear a face covering. 3. This executive order shall supersede any face-covering requirement imposed by any local governmental entity or official... the imposition of any such face-covering requirement by a local governmental entity or official constitutes a 'failure to…

Enforcement: Tex. Gov't Code 418.173: fine up to $1,000

Citation: Governor Greg Abbott, Executive Order GA-36 (May 18, 2021) (Ex. SEC-15-029) Open the exhibit

Ex. SEC-15-031

H.B. 1007, Face Covering Requirements (2021 First Special Session)

Face Covering Requirements

Utah Legislature, 2021 First Special Session; Governor Spencer Cox (signed), Utah (State)

Dates: In force from May 19, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementSchools and child careOther
Functions reached: IN; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 43 (in force on the last day)

H.B. 1007 Face Covering Requirements... [Part] School Facilities... [a face covering requirement in a school may be imposed only by a local health department order approved by the county legislative body]

Enforcement: Utah Code 26A-1-114 (local health orders) as conditioned

Citation: Utah Legislature, 2021 First Special Session; Governor Spencer Cox (signed), H.B. 1007, Face Covering Requirements (2021 First Special Session) (May 19, 2021) (Ex. SEC-15-031) Open the exhibit

Ex. SEC-15-030

House File 847 (2021), Division on facial covering policies (counties, cities and schools), new Iowa Code section 280.31

An Act relating to education, including... facial covering policies

Iowa General Assembly (89th G.A.); Governor Kim Reynolds (signed), Iowa (State)

Dates: In force from May 20, 2021 to Oct. 8, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementSchools and child careOther
Functions reached: IN; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 42 (in force on the last day)

FACIAL COVERING POLICIES -- COUNTIES, CITIES, AND SCHOOLS. Sec. 28. NEW SECTION. 280.31 Facial coverings. The board of directors of a school district... [and] the authorities in charge of an accredited nonpublic school shall not adopt, enforce, or implement a policy that requires its employees, students, or members of the public to wear a facial covering for any purpose while on the school district's or accredited nonpublic school's property unless the facial covering is necessary for a specific extracurricular or instructional purpose, or is required by [other law].

Enforcement: Iowa Code ch. 280; Department of Education accreditation; injunction litigation

Citation: Iowa General Assembly (89th G.A.); Governor Kim Reynolds (signed), House File 847 (2021), Division on facial covering policies (counties, cities and schools), new Iowa Code section 280.31 (May 20, 2021) (Ex. SEC-15-030) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-15-042	Governor Jay Inslee, Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021) (Mar. 20, 2020) (Ex. SEC-15-042)	In force from Mar. 20, 2020 to July 12, 2021	Business closureSchools and child careWorkplace rules
Ex. SEC-15-090	Texas Education Agency (Commissioner Mike Morath), TEA Public Health Planning Guidance for the 2020-21 school year (July 7, 2020; on-campus instruction with masks required; parental choice of remote; attendance-funding flexibility of July 14-17, 2020 for up to eight weeks of remote instruction), and the Aug. 5 and Aug. 19, 2021 public health guidance (mask provision not enforced during the GA-38 litigation) (Ex. SEC-15-090)	In force from July 7, 2020 to June 4, 2021	Face-covering requirementSchools and child care
Ex. SEC-15-092	Governor Laura Kelly (KS EO 20-59, July 20, 2020: face coverings in schools); Utah Department of Health (State Public Health Order of July 20, 2020: face coverings in all public and private K-12 schools); Governor Kim Reynolds (Iowa Proclamation of July 17, 2020: at least half of instruction in person), The July 17-20, 2020 fall-opening orders of Kansas, Utah and Iowa (grouped record) (July 20, 2020) (Ex. SEC-15-092)	In force from July 20, 2020 to Jan. 29, 2021	Face-covering requirementSchools and child care
Ex. SEC-15-021	Governor Tim Walz, Emergency Executive Order 20-82 (Safe Learning Plan for the 2020-21 school year) (July 30, 2020) (Ex. SEC-15-021)	In force from July 30, 2020 to June 30, 2021	Face-covering requirementSchools and child care
Ex. SEC-15-014	Governor Philip D. Murphy, Executive Order No. 175 (2020) (Aug. 13, 2020) (Ex. SEC-15-014)	In force from Aug. 13, 2020 to Aug. 6, 2021	Face-covering requirementSchools and child careWorkplace rules
Ex. SEC-15-069	Interim Director of Health Lance D. Himes, Ohio Department of Health, Director's Order Requiring the Use of Facial Coverings in Child Education Settings (Aug. 13, 2020) (Ex. SEC-15-069)	In force from Aug. 14, 2020 to June 2, 2021 (issued Aug. 13, 2020)	Face-covering requirementSchools and child care
Ex. SEC-15-091	Florida Department of Education (Commissioner Richard Corcoran), DOE Emergency Order No. 2020-EO-06 (July 6, 2020): all school boards and charter school governing boards to open brick-and-mortar schools at least five days per week for all students in August 2020, subject to DOH advice; Florida Education Ass'n v. DeSantis (Leon County Cir. Ct. temporary injunction Aug. 24, 2020; stayed by the First District Court of Appeal Aug. 28, 2020) (Ex. SEC-15-091)	In force from Aug. 31, 2020 to June 30, 2021 (issued July 6, 2020)	Schools and child care
Ex. SEC-15-002	Ballotpedia, School responses to the coronavirus (COVID-19) pandemic during the 2020-2021 academic year (State reopening regimes, mid-year closures, return orders, monthly status) (June 30, 2021) (Ex. SEC-15-002)	In force from June 30, 2021 to June 30, 2021	Face-covering requirementSchools and child careEvents and venues
Ex. SEC-15-004	U.S. Immigration and Customs Enforcement, Student and Exchange Visitor Program (SEVP), SEVP Broadcast Message 2003-01: COVID-19 and Potential Procedural Adaptations for F and M nonimmigrant students (Mar. 13, 2020) (Ex. SEC-15-004)	In force from Mar. 13, 2020 to Sept. 30, 2021	Travel and quarantineOther

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.

Regulators of Education and Child Care

Ex. SEC-15-046

Senate Bill 658 (2021), enrolled

An Act relating to schools; prohibiting... vaccination requirements, vaccine passports and mask mandates for unvaccinated students absent a state of emergency

Oklahoma Legislature (58th Leg.); Governor Kevin Stitt (signed), Oklahoma (State)

Dates: In force from July 1, 2021 to Sept. 1, 2021 (issued May 28, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careVaccination or testingOther
Functions reached: IN; AD; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 63 (in force on the first day)

A. A board of education of a public school district or a technology center school district [or] the State Board of Education or the State Board of Career and Technology Education shall not: 1. Require a vaccination against Coronavirus disease 2019 (COVID-19) as a condition of admittance to or attendance of the school or district; 2. Require a vaccine passport as a condition of admittance to or attendance of the school or district; or 3. Implement a mask mandate for students who have not been vaccinated against COVID-19 [unless the Governor has declared a state of emergency and the board consults with the local health department].

Enforcement: Statutory prohibition; injunctive relief

Citation: Oklahoma Legislature (58th Leg.); Governor Kevin Stitt (signed), Senate Bill 658 (2021), enrolled (May 28, 2021) (Ex. SEC-15-046) Open the exhibit

Ex. SEC-15-089

Proviso 1.108 (no school district may use appropriated funds to require students or staff to wear face masks); upheld by the South Carolina Supreme Court Sept. 2, 2021 (City of Columbia); enforcement enjoined Sept. 28, 2021 (Disability Rights South Carolina v. McMaster)

Proviso 1.108 (school mask-mandate funding ban)

South Carolina General Assembly (2021-22 Appropriations Act, H. 4100, Proviso 1.108); U.S. District Court for the District of South Carolina (Lewis, J.), South Carolina (State)

Dates: In force from July 1, 2021 to Sept. 28, 2021 (issued June 22, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careOther
Functions reached: IN; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 90 (in force on the first day)

Enforcement: Appropriations condition

Citation: South Carolina General Assembly (2021-22 Appropriations Act, H. 4100, Proviso 1.108); U.S. District Court for the District of South Carolina (Lewis, J.), Proviso 1.108 (no school district may use appropriated funds to require students or staff to wear face masks); upheld by the South Carolina Supreme Court Sept. 2, 2021 (City of Columbia); enforcement enjoined Sept. 28, 2021 (Disability Rights South Carolina v. McMaster) (June 22, 2021) (Ex. SEC-15-089)

Ex. SEC-15-024

COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year (originally published July 12, 2021)

COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year

California Department of Public Health, California (Sector regulator)

Dates: In force from July 12, 2021 to Mar. 12, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesQuarantine and isolation
Functions reached: IN; TR; AC; FS; WF; CB
Grade: Primary source read
Days in this quarter: 81 (in force on the last day)

Originally published on July 12, 2021.... The following guidance is designed to keep California K-12 schools open for in-person instruction safely... [As amended in 2022:] the universal indoor mask mandate in K-12 school settings would transition to a strong recommendation... CDPH... currently strongly recommends continuing to mask indoors in school settings.

Enforcement: Cal. Health & Safety Code 120275 et seq.; the June 11, 2021 State Public Health Officer Order made CDPH's K-12 guidance binding

Citation: California Department of Public Health, COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year (originally published July 12, 2021) (Ex. SEC-15-024) Open the exhibit

Ex. SEC-15-045

Act 1002 of 2021 (SB 590)

An Act to Prohibit the Mandatory Use of Face Masks, Face Shields, or Other Face Coverings

Arkansas General Assembly (93rd G.A.); Governor Asa Hutchinson (signed), Arkansas (State)

Dates: In force from July 28, 2021 to Aug. 6, 2021 (issued Apr. 28, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careOther
Functions reached: IN; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 10

20-7-142. Prohibition on mandatory use of face mask, face shield, or other face covering.... (b) A state agency or entity, a political subdivision of the state, or a state or local official shall not mandate an individual in this state to use a face mask, face shield, or other face covering. (c) The use of a face mask, face shield, or other face covering shall [be voluntary]...

Enforcement: Statutory prohibition; injunctive relief

Citation: Arkansas General Assembly (93rd G.A.); Governor Asa Hutchinson (signed), Act 1002 of 2021 (SB 590) (Apr. 28, 2021) (Ex. SEC-15-045) Open the exhibit

Ex. SEC-15-047

Executive Order GA-38

Relating to the continued response to the COVID-19 disaster (consolidation of GA-34, GA-35, GA-36; no governmental mask mandates; no vaccine passports)

Governor Greg Abbott, Texas (State)

Dates: In force from July 29, 2021 to Nov. 10, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careVaccination or testingOther
Functions reached: IN; TR; AC; WF; CB; HR
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

3.... e. Public schools may operate as provided by, and under the minimum standard health protocols found in, guidance issued by the Texas Education Agency. Private schools and institutions of higher [education are encouraged to establish similar standards]... 4. To further ensure that no governmental entity can mandate masks, the following requirements shall continue to apply: a. No governmental entity, including a county, city, school district, and public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering...

Enforcement: Tex. Gov't Code 418.173: fine up to $1,000 (paragraph 4)

Citation: Governor Greg Abbott, Executive Order GA-38 (July 29, 2021) (Ex. SEC-15-047) Open the exhibit

Ex. SEC-15-040

Executive Order 21-175

Ensuring Parents' Freedom to Choose - Masks in Schools

Governor Ron DeSantis, Florida (State)

Dates: In force from July 30, 2021 to Sept. 8, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careOther
Functions reached: IN; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 41

Enforcement: Withholding of State funds from noncompliant districts (Commissioner of Education, Aug. 30 and Oct. 7, 2021)

Citation: Governor Ron DeSantis, Executive Order 21-175 (July 30, 2021) (Ex. SEC-15-040)

Ex. SEC-15-085

Proclamation 20-9.4 (July 30, 2021): K-12 schools prohibited from operating outside the Department of Health's K-12 requirements (universal indoor masking, distancing, ventilation, testing and reporting) for 2021-22

Proclamation 20-9.4 (K-12 Schools, 2021-22)

Governor Jay Inslee, Washington (State)

Dates: In force from July 30, 2021 to Mar. 12, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN; TR; AC; FS; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 63 (in force on the last day)

Recited in Proclamation 21-14.1 (Ex. SEC-15-043): 'WHEREAS, on July 30, 2021, I issued Proclamation 20-9.4, prohibiting K-12 schools from...'

Enforcement: RCW 43.06.220(5)

Citation: Governor Jay Inslee, Proclamation 20-9.4 (July 30, 2021): K-12 schools prohibited from operating outside the Department of Health's K-12 requirements (universal indoor masking, distancing, ventilation, testing and reporting) for 2021-22 (Ex. SEC-15-085)

Ex. SEC-15-086

OAR 333-019-1015 (Aug. 2, 2021; masking requirements for K-12 schools, public and private) and OAR 333-019-1030 (Aug. 25, 2021; COVID-19 vaccination requirement for teachers and school staff by Oct. 18, 2021)

OHA temporary rules: K-12 masking (333-019-1015) and school staff vaccination (333-019-1030)

Oregon Health Authority, Public Health Division, Oregon (Sector regulator)

Dates: In force from Aug. 2, 2021 to Jan. 28, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careVaccination or testing
Functions reached: IN; HR; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 60 (in force on the last day)

Enforcement: ORS 431A.010; civil penalties under OAR 333-019-1015(6) (up to $500 per day per violation)

Citation: Oregon Health Authority, Public Health Division, OAR 333-019-1015 (Aug. 2, 2021; masking requirements for K-12 schools, public and private) and OAR 333-019-1030 (Aug. 25, 2021; COVID-19 vaccination requirement for teachers and school staff by Oct. 18, 2021) (Ex. SEC-15-086)

Ex. SEC-15-026

Executive Order 2021-18 (masks in all public and nonpublic P-12 schools), followed by EO 2021-20 (Aug. 26, 2021; statewide indoor masks; school and higher-education vaccination-or-testing)

Executive Order 2021-18

Governor JB Pritzker, Illinois (State)

Dates: In force from Aug. 4, 2021 to Feb. 4, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 58 (in force on the last day)

Enforcement: 20 ILCS 3305/7; ISBE recognition status

Citation: Governor JB Pritzker, Executive Order 2021-18 (masks in all public and nonpublic P-12 schools), followed by EO 2021-20 (Aug. 26, 2021; statewide indoor masks; school and higher-education vaccination-or-testing) (Aug. 4, 2021) (Ex. SEC-15-026)

Ex. SEC-15-074

Proclamation Number 137 JBE 2021

COVID-19 Public Health Emergency - Mitigation Measures - Statewide Mask Mandate

Governor John Bel Edwards, Louisiana (State)

Dates: In force from Aug. 4, 2021 to Sept. 1, 2021 (issued Aug. 2, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN; EC; TR; AC; CP; FS; HR; OP; WF; CB
Grade: Primary source read
Days in this quarter: 29

SECTION 3: FACE COVERINGS. A)... [every individual] shall wear a face covering over the nose and mouth when indoors in any place outside of a private residence except in the circumstances provided for in Subsection (C) below. B) In accordance with the order issued by the Centers for Disease Control and Prevention (CDC) on January 29, 2021, all individuals shall wear a face covering... while passengers and operators of public conveyances... C) The requirements in Subsection (A) do not apply to the following:... 2) any child under the age of five not enrolled in a kindergarten program, however all children between the ages of two and five years old are strongly encouraged to wear a face covering...; 8) any athlete participating in organized athletic activities. D) All local governing authorities and operators of private businesses and organizations shall retain the authority to issue more…

Enforcement: Citations to businesses and organizations (Section 3(E)); La. R.S. 29:724(E), 29:766; GOHSEP and State Fire Marshal (Section 4)

Citation: Governor John Bel Edwards, Proclamation Number 137 JBE 2021 (Aug. 2, 2021) (Ex. SEC-15-074) Open the exhibit

Ex. SEC-15-083

Emergency Directive 048 (Aug. 4, 2021; face coverings for staff and students in public, private and charter schools in counties over 100,000 population) as amended the same day

Emergency Directive 048

Governor Steve Sisolak, Nevada (State)

Dates: In force from Aug. 4, 2021 to Feb. 10, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 58 (in force on the last day)

Enforcement: NRS 414.110 (misdemeanor)

Citation: Governor Steve Sisolak, Emergency Directive 048 (Aug. 4, 2021; face coverings for staff and students in public, private and charter schools in counties over 100,000 population) as amended the same day (Ex. SEC-15-083)

Ex. SEC-15-033

Executive Order No. 13A

Revised Order for Masks and Face Coverings, Nursing Home Staff Vaccination (repealing EO 12A; universal masking in schools continued through Commissioner rules)

Governor Ned Lamont, Connecticut (State)

Dates: In force from Aug. 5, 2021 to Feb. 15, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careVaccination or testing
Functions reached: IN; EC; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

WHEREAS, on July 13, 2021, I renewed through September 30, 2021 the previously mentioned [declarations]... 1. Revised Mask Requirements. Executive Order No. 12A is repealed. A[ny person who is not] fully vaccinated for COVID-19 shall cover their mouth and nose with a mask or cloth face covering [in indoor public places]... [the Commissioner of Public Health shall issue binding rules specifying settings, including schools, where masks are required of all persons].

Enforcement: Conn. Gen. Stat. 28-22; Commissioner's rules under EO 13A

Citation: Governor Ned Lamont, Executive Order No. 13A (Aug. 5, 2021) (Ex. SEC-15-033) Open the exhibit

Ex. SEC-15-044

Emergency Rule 64DER21-12, Protocols for Controlling COVID-19 in School Settings

Protocols for Controlling COVID-19 in School Settings

Florida Department of Health (State Surgeon General), Florida (Sector regulator)

Dates: In force from Aug. 6, 2021 to Sept. 22, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careQuarantine and isolation
Functions reached: IN; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 48

Rule: 64DER21-12... Rule Title: Protocols for Controlling COVID-19 in School Settings... [Validity challenges filed by the] SCHOOL BOARD OF LEON COUNTY, FLORIDA, AND ROCKY HANNA, AS SUPERINTENDENT... vs. FLORIDA DEPARTMENT OF HEALTH; Case No.: 21-2721RE (9/13/2021); SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, vs. FLORIDA DEPARTMENT OF HEALTH; Case No.: 21-2697RE (9/8/2021); THE SCHOOL BOARD OF BROWARD COUNTY, FLORIDA... (9/8/2021).

Enforcement: Fla. Stat. 1008.32 (State Board of Education enforcement); withholding of funds

Citation: Florida Department of Health (State Surgeon General), Emergency Rule 64DER21-12, Protocols for Controlling COVID-19 in School Settings (Aug. 6, 2021) (Ex. SEC-15-044) Open the exhibit

Ex. SEC-15-015

Executive Order No. 251 (2021)

Mandatory face masks in the indoor premises of all public, private and parochial preschool programs and elementary and secondary schools for the 2021-2022 school year

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Aug. 9, 2021 to Mar. 7, 2022 (issued Aug. 6, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; EC; TR; AC; FS; HR; WF; CB
Grade: Primary source read
Days in this quarter: 53 (in force on the last day)

1. All public, private, and parochial preschool programs and elementary and secondary schools, including charter and renaissance schools (collectively 'school districts'), must maintain a policy regarding mandatory use of face masks by staff, students, and visitors in the indoor portion of the school district premises, except in the following circumstances... 6. Penalties for violations of this Order may be imposed under, among other statutes, N.J.S.A. App. A:9-49 and -50.

Enforcement: N.J.S.A. App. A:9-49 and -50

Citation: Governor Philip D. Murphy, Executive Order No. 251 (2021) (Aug. 6, 2021) (Ex. SEC-15-015) Open the exhibit

Ex. SEC-15-080

Executive Order 2021-585

State of Emergency: face coverings in all public and private preschool, Head Start and K-12 schools (including school buses) and in all child care settings

Governor Andy Beshear, Kentucky (State)

Dates: In force from Aug. 10, 2021 to Aug. 23, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; EC; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 14

2. All individuals - all teachers, staff, students, and visitors - must cover their nose and mouth with a face covering when indoors in all public and private preschool, Head Start, elementary, middle, and high schools (preschool through grade 12) in Kentucky, including but not limited to inside of vehicles used for transportation such as school buses, regardless of vaccination status. 3. All staff and visitors, and all children age 2 and older who are able to wear a face covering, must cover their nose and mouth with a face covering when indoors in all child care settings in Kentucky, regardless of vaccination status.

Enforcement: KRS 39A.990

Citation: Governor Andy Beshear, Executive Order 2021-585 (Aug. 10, 2021) (Ex. SEC-15-080) Open the exhibit

Ex. SEC-15-050

Executive Order No. 84

An Order Regarding Mask Requirements in Schools (parental opt-out)

Governor Bill Lee, Tennessee (State)

Dates: In force from Aug. 16, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careOther
Functions reached: IN; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

.. do hereby order that a student's parent or guardian shall have the right to opt out of any order or requirement for a student in kindergarten through twelfth-grade to wear a face covering at school, on a school bus, or at school functions, by affirmatively notifying in writing the local education agency or personnel at the student's school. Any law, order, rule, or regulation that would otherwise limit the enforceability of this Order is hereby suspended, pursuant to Tennessee Code Annotated, Section 58-2-107.... Executive Order No. 84 shall continue in effect until 11:59 p.m., Central Time, on October 5, 2021.

Enforcement: Tenn. Code Ann. 58-2-107; suspension of conflicting law

Citation: Governor Bill Lee, Executive Order No. 84 (Aug. 16, 2021) (Ex. SEC-15-050) Open the exhibit

Ex. SEC-15-067

Emergency Secretary's Order amending 16 Del. Admin. Code 4202 (Control of Communicable and Other Disease Conditions), adding section 7.7 (COVID-19 Mitigation and Prevention; 7.7.1 Schools) and section 12 (severability)

Emergency Order: 16 Del. Admin. Code 4202, section 7.7 (universal indoor masking in K-12 schools)

Secretary, Delaware Department of Health and Social Services (Molly Magarik), with the Division of Public Health, Delaware (Sector regulator)

Dates: In force from Aug. 16, 2021 to Mar. 1, 2022 (issued Aug. 13, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; CP; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

7.7.1 Schools. 7.7.1.1. All schools that serve students kindergarten through twelfth grade shall require mask use by all students, faculty, staff, and visitors inside school buildings, regardless of vaccination status.... 7.7.1.4 For schools with student housing, masks are not required inside an individual student's residence hall room.

Enforcement: 16 Del. C. 107 (penalties for violation of Board/Department rules); licensure

Citation: Secretary, Delaware Department of Health and Social Services (Molly Magarik), with the Division of Public Health, Emergency Secretary's Order amending 16 Del. Admin. Code 4202 (Control of Communicable and Other Disease Conditions), adding section 7.7 (COVID-19 Mitigation and Prevention; 7.7.1 Schools) and section 12 (severability) (Aug. 13, 2021) (Ex. SEC-15-067) Open the exhibit

Ex. SEC-15-068

Emergency Orders adding mask requirements to 14 Del. Admin. Code 933 (Early Care and Education and School-Age Centers), 934 (Family and Large Family Child Care Homes), 938 (Youth Camps, new section 5.3), 815 and 105 (published 25 Del. Reg. 227-244, Sept. 1, 2021)

OCCL emergency mask orders for child care and youth camps

Delaware Department of Education, Office of Child Care Licensing, Delaware (Sector regulator)

Dates: In force from Aug. 16, 2021 to Dec. 14, 2021 (issued Aug. 13, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: EC; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 46 (in force on the last day)

Enforcement: 14 Del. C. ch. 30A (licensure)

Citation: Delaware Department of Education, Office of Child Care Licensing, Emergency Orders adding mask requirements to 14 Del. Admin. Code 933 (Early Care and Education and School-Age Centers), 934 (Family and Large Family Child Care Homes), 938 (Youth Camps, new section 5.3), 815 and 105 (published 25 Del. Reg. 227-244, Sept. 1, 2021) (Aug. 13, 2021) (Ex. SEC-15-068)

Ex. SEC-15-035

Executive Order 21-87

Requiring Masks in Schools

Governor Daniel J. McKee, Rhode Island (State)

Dates: In force from Aug. 19, 2021 to Dec. 13, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 43 (in force on the last day)

1. LEAs that have not adopted a universal indoor masking requirement shall be required to abide by a universal indoor masking protocol developed by the Rhode Island Department of Health (RIDOH). The RIDOH protocol shall require universal indoor masking by all students (age 2 and older), staff, teachers, and visitors to K-12 schools. This Executive Order shall take effect immediately and remain in full force and effect through September 18, 2021 unless renewed, modified, or terminated by a subsequent Executive Order.

Enforcement: R.I. Gen. Laws 30-15-9, -15

Citation: Governor Daniel J. McKee, Executive Order 21-87 (Aug. 19, 2021) (Ex. SEC-15-035) Open the exhibit

Ex. SEC-15-081

DESE mask requirement for all public K-12 students, staff and visitors for 2021-22 (issued Aug. 25, 2021; extended Sept. 27, Oct. 26, 2021 and Jan. 10, 2022)

DESE universal mask requirement (Aug. 25, 2021)

Commissioner of Elementary and Secondary Education Jeffrey C. Riley, under authority voted by the Board of Elementary and Secondary Education Aug. 24, 2021, Massachusetts (Sector regulator)

Dates: In force from Aug. 25, 2021 to Feb. 28, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 37 (in force on the last day)

Enforcement: DESE authority over public schools; private schools governed by local boards of health

Citation: Commissioner of Elementary and Secondary Education Jeffrey C. Riley, under authority voted by the Board of Elementary and Secondary Education Aug. 24, 2021, DESE mask requirement for all public K-12 students, staff and visitors for 2021-22 (issued Aug. 25, 2021; extended Sept. 27, Oct. 26, 2021 and Jan. 10, 2022) (Ex. SEC-15-081) Open the exhibit

Ex. SEC-15-027

Executive Order 2021-22 (COVID-19 Executive Order No. 87)

Executive Order 2021-22: face coverings; vaccination and testing requirements for health care workers, school personnel and higher education (amending EO 2021-20)

Governor JB Pritzker, Illinois (State)

Dates: In force from Aug. 30, 2021 to Feb. 4, 2022 (issued Sept. 3, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rulesVaccination or testing
Functions reached: IN; HR; WF; OP; TR; CB
Grade: Primary source read
Days in this quarter: 32 (in force on the last day)

Section 1: Face covering requirements for individuals. Beginning on Monday, August 30, 2021, all... [individuals] shall be required to cover their nose and mouth with a face covering when in an indoor public place... Section 3: Vaccination and Testing Requirements for School Personnel.... b. All School Personnel must have, at a minimum, the first dose of a two-dose COVID-19 vaccine series or a single-dose COVID-19 vaccine by September 19, 2021... c. Schools shall exclude School Personnel who are not fully vaccinated against COVID-19 from the premises unless they comply with the testing requirements... d. Beginning September 19, 2021, to enter or work at or for a School, School Personnel who have not been fully vaccinated against COVID-19 must undergo testing for COVID-19... weekly, at a minimum.

Enforcement: 20 ILCS 3305/7; 20 ILCS 3305/19

Citation: Governor JB Pritzker, Executive Order 2021-22 (COVID-19 Executive Order No. 87) (Sept. 3, 2021) (Ex. SEC-15-027) Open the exhibit

Ex. SEC-15-075

Proclamation Number 167 JBE 2021

COVID-19 Public Health Emergency - Mitigation Measures - Statewide Mask Mandate (renewal after Hurricane Ida)

Governor John Bel Edwards, Louisiana (State)

Dates: In force from Sept. 1, 2021 to Sept. 29, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN; EC; TR; AC; CP; FS; WF; CB
Grade: Primary source read
Days in this quarter: 29

WHEREAS, by the time this order is in effect, the State will continue to have some of the highest numbers of COVID-related hospitalizations it has seen, while simultaneously in the midst of recovering from Hurricane Ida... WHEREAS, based on current CDC recommendations and the State's rapid increase in cases and hospitalizations, the Louisiana Department of Health has recommended to the Governor to implement a statewide mask mandate to slow the spread of the Delta variant... SECTION 1: GENERAL PROVISIONS. A)... a statewide public health emergency is declared to continue to exist...

Enforcement: As in 137 JBE 2021

Citation: Governor John Bel Edwards, Proclamation Number 167 JBE 2021 (Sept. 1, 2021) (Ex. SEC-15-075) Open the exhibit

Ex. SEC-15-087

Emergency regulations: 10 NYCRR 2.60 (Aug. 27, 2021; universal masking in all public and private P-12 schools) and 10 NYCRR 2.62 (Sept. 2, 2021; weekly testing of unvaccinated school personnel)

NYSDOH emergency regulations 2.60 and 2.62

New York State Department of Health (Commissioner Howard Zucker, M.D., on direction of Governor Kathy Hochul), New York (Sector regulator)

Dates: In force from Sept. 2, 2021 to Mar. 3, 2022 (issued Aug. 27, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careVaccination or testing
Functions reached: IN; HR; TR; AC; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 29 (in force on the last day)

Enforcement: N.Y. Public Health Law 12, 206

Citation: New York State Department of Health (Commissioner Howard Zucker, M.D., on direction of Governor Kathy Hochul), Emergency regulations: 10 NYCRR 2.60 (Aug. 27, 2021; universal masking in all public and private P-12 schools) and 10 NYCRR 2.62 (Sept. 2, 2021; weekly testing of unvaccinated school personnel) (Ex. SEC-15-087)

Ex. SEC-15-028

Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities

Order Directing Face Coverings in School Entities (public and private K-12 schools, brick-and-mortar and cyber charter schools, early learning programs and child care)

Acting Secretary of Health Alison Beam, Pennsylvania Department of Health, Pennsylvania (Sector regulator)

Dates: In force from Sept. 7, 2021 to Nov. 10, 2021 (issued Aug. 31, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; EC; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 24 (in force on the last day)

Enforcement: 35 P.S. 521.20 (summary offense; fines)

Citation: Acting Secretary of Health Alison Beam, Pennsylvania Department of Health, Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities (Aug. 31, 2021) (Ex. SEC-15-028) Open the exhibit

Ex. SEC-15-082

Emergency regulation COMAR 13A.01.07 (universal masking in all public schools), adopted Aug. 26, 2021; approved by the AELR Committee Sept. 14, 2021

COMAR 13A.01.07 emergency regulation (school masks)

Maryland State Board of Education, Maryland (Sector regulator)

Dates: In force from Sept. 14, 2021 to Mar. 1, 2022 (issued Aug. 26, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 17 (in force on the last day)

Enforcement: State Board authority; COMAR

Citation: Maryland State Board of Education, Emergency regulation COMAR 13A.01.07 (universal masking in all public schools), adopted Aug. 26, 2021; approved by the AELR Committee Sept. 14, 2021 (Ex. SEC-15-082) Open the exhibit

Ex. SEC-15-088

A.R.S. 15-342.05 (prohibiting school districts and charter schools from requiring face coverings), effective Sept. 29, 2021; held unconstitutional Sept. 27, 2021 (Arizona School Boards Ass'n v. State, Maricopa County Superior Court), affirmed Nov. 2, 2021 (Ariz.)

HB 2898 school mask-mandate prohibition and its invalidation

Arizona Legislature (HB 2898, budget reconciliation, signed June 30, 2021); Maricopa County Superior Court (Cooper, J.), Arizona (State)

Dates: In force from Sept. 29, 2021; end: Held unconstitutional Sept. 27, 2021 (Ballotpedia: Sept. 26 ruling; Aug. 16… (issued June 30, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careOther
Functions reached: IN; TR; AC; WF; CB
Grade: Primary source read
Days in this quarter: 2 (in force on the last day)

Enforcement: Statute; Governor's Aug. 16-17, 2021 withholding of federal relief grants from districts with mask requirements (Ex. SEC-15-003)

Citation: Arizona Legislature (HB 2898, budget reconciliation, signed June 30, 2021); Maricopa County Superior Court (Cooper, J.), A.R.S. 15-342.05 (prohibiting school districts and charter schools from requiring face coverings), effective Sept. 29, 2021; held unconstitutional Sept. 27, 2021 (Arizona School Boards Ass'n v. State, Maricopa County Superior Court), affirmed Nov. 2, 2021 (Ariz.) (June 30, 2021) (Ex. SEC-15-088) Open the exhibit

Ex. SEC-15-003

School responses to the coronavirus (COVID-19) pandemic during the 2021-2022 academic year (school mask requirements and bans, staff and student vaccine requirements, litigation)

School responses to the coronavirus (COVID-19) pandemic during the 2021-2022 academic year

Ballotpedia, United States (fifty States) (Other)

Dates: In force from Aug. 1, 2022 (no end date recorded)
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careVaccination or testingQuarantine and isolation
Functions reached: IN; EC; TR; AC; HR; WF; CB
Grade: Confirmed from a secondary source
Days in this quarter: 0

Table 'Mask requirement orders' (as of the end of 2021-22): Requirement: California (CDPH order), Connecticut (EO), Delaware (EO), Hawaii (EO), Illinois (IDPH order), Kentucky (Board of Education order, 'Sept. 9, 2021 - Suspended by state law'), Louisiana (EO), Maryland (State Board order), Massachusetts (DESE order), Nevada (EO), New Jersey (EO), New Mexico (PED order), New York (EO), Oregon (OHA/ODE order), Pennsylvania (DOH order, 'Dec. 10, 2021 - Suspended by court action'), Rhode Island (EO), Washington (DOH order); Ban: Arizona, Arkansas ('Sept. 30, 2021 - Suspended by court action'), Florida, Georgia, Iowa, Oklahoma, South Carolina ('Sept. 28, 2021 - Temporarily suspended by court action'), Tennessee ('Dec. 10, 2021 - Suspended by court action'), Texas, Utah, Virginia. 'Seven states had issued a statewide requirement for K-12 teachers and staff to be vaccinated... or receive…

Enforcement: n/a

Citation: Ballotpedia, School responses to the coronavirus (COVID-19) pandemic during the 2021-2022 academic year (school mask requirements and bans, staff and student vaccine requirements, litigation) (Aug. 1, 2022) (Ex. SEC-15-003) Open the exhibit

Ex. SEC-15-038

Proclamation Number 131 JBE 2021

COVID-19 Public Health Emergency - Mitigation Measures (renewal of the public health emergency; Phase 3 mitigation measures continued)

Governor John Bel Edwards, Louisiana (State)

Dates: In force from July 21, 2021 to Aug. 2, 2021
Quarters: 2021 Q3
Limitations: Emergency declarationWorkplace rules
Functions reached: WF; CB; OP
Grade: Primary source read
Days in this quarter: 13

WHEREAS, despite the success of the mitigation measures and adoption of vaccines in helping to beat back the third surge of COVID-19 in the state, the escalating prevalence of the Delta variant in the state has resulted in a significant increase in cases and hospitalizations, with the state giving up all of the progress made since mid-February...

Enforcement: La. R.S. 29:724(E); 29:766

Citation: Governor John Bel Edwards, Proclamation Number 131 JBE 2021 (July 21, 2021) (Ex. SEC-15-038) Open the exhibit

Ex. SEC-15-023

State Public Health Officer Order of August 11, 2021 (Vaccine Verification for Workers in Schools)

Vaccine Verification for Workers in Schools

State Public Health Officer (Tomas J. Aragon, M.D.), California Department of Public Health, California (Sector regulator)

Dates: In force from Aug. 12, 2021 to Sept. 13, 2022 (issued Aug. 11, 2021)
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; WF; OP; IN
Grade: Primary source read
Days in this quarter: 50 (in force on the last day)

I. This Order applies to the following facilities: public and private schools serving students in transitional kindergarten through grade 12... II. All schools identified in this Order must verify vaccine status of all workers.... VII. This Order shall take effect on August 12, 2021, at 12:01 am. Facilities must be in full compliance with the Order by October 15, 2021. VIII. This Order is issued pursuant to Health and Safety Code sections 120125, 120140, 120175, 120195 and 131080...

Enforcement: Cal. Health & Safety Code 120275 et seq. (violation of a health officer order a misdemeanor); 131080

Citation: State Public Health Officer (Tomas J. Aragon, M.D.), California Department of Public Health, State Public Health Officer Order of August 11, 2021 (Vaccine Verification for Workers in Schools) (Aug. 11, 2021) (Ex. SEC-15-023) Open the exhibit

Ex. SEC-15-043

Proclamation 21-14.1 (COVID-19 Vaccination Requirement, amending 21-14)

COVID-19 Vax Washington Amendment (State agency workers, Educational Settings, Health Care Providers)

Governor Jay Inslee, Washington (State)

Dates: In force from Aug. 18, 2021 to Oct. 31, 2022 (issued Aug. 20, 2021)
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; WF; OP; IN; EC; CP
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

WHEREAS, child-care settings, K-12 schools, colleges, universities, and community colleges, (collectively, 'educational settings') are foundations of Washington's communities... WHEREAS, on July 12, 2021, I issued Proclamation 20-12.4 prohibiting institutions of higher education from... WHEREAS, on July 30, 2021, I issued Proclamation 20-9.4, prohibiting K-12 schools from... 1. Prohibitions. This order prohibits the following:... c. Any Worker from engaging in work for the operator of an Educational Setting after October 18, 2021 if the Worker has not been fully vaccinated against COVID-19; d. Any operator of an Educational Setting from permitting a Worker to engage in work for the operator after October 18, 2021 if the Worker has not been fully vaccinated against COVID-19 and provided proof thereof as required below...

Enforcement: RCW 43.06.220(5) (gross misdemeanor)

Citation: Governor Jay Inslee, Proclamation 21-14.1 (COVID-19 Vaccination Requirement, amending 21-14) (Aug. 20, 2021) (Ex. SEC-15-043) Open the exhibit

Ex. SEC-15-017

Executive Order No. 264 (2021)

Vaccination or testing requirement for child care center workers (effective Nov. 1, 2021); mandatory face masks in child care centers and facilities (effective Sept. 24, 2021)

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Sept. 24, 2021 to Sept. 30, 2021 (issued Sept. 20, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Functions reached: EC; HR; WF; CB
Grade: Primary source read
Days in this quarter: 7 (in force on the last day)

1. All child care centers and other child care facilities (collectively referred to as 'covered settings') must maintain a policy that requires all covered workers to either provide adequate proof to the covered setting that they have been fully vaccinated or submit to COVID-19 testing at minimum one to two times weekly. This requirement shall take effect on November 1, 2021...

Enforcement: N.J.S.A. App. A:9-49 and -50

Citation: Governor Philip D. Murphy, Executive Order No. 264 (2021) (Sept. 20, 2021) (Ex. SEC-15-017) Open the exhibit

Ex. SEC-15-034

Executive Order No. 13D

Vaccinations Required for State Employees, School Employees and Childcare Facility Staff

Governor Ned Lamont, Connecticut (State)

Dates: In force from Sept. 27, 2021 to Sept. 30, 2021 (issued Aug. 19, 2021)
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; WF; OP; IN; EC
Grade: Primary source read
Days in this quarter: 4 (in force on the last day)

2. COVID-19 Vaccination Requirements. Vaccines shall be required as follows:... i. On or before September 27, 2021, school boards and child [care facilities shall require covered workers to have received at least one dose]... ii. After September 27, 2021, a school board or childcare facility [shall not permit an unvaccinated covered worker to work unless the worker is tested weekly]... 3. Vaccination Verification and Testing... [unvaccinated workers must] submit to COVID-19 testing one time per week... This requirement shall take effect on September 27, 2021.

Enforcement: Conn. Gen. Stat. 28-22

Citation: Governor Ned Lamont, Executive Order No. 13D (Aug. 19, 2021) (Ex. SEC-15-034) Open the exhibit

Ex. SEC-15-037

Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination for Department of Education Employees, Contractors, and Others

Commissioner of Health and Mental Hygiene (Dave A. Chokshi, M.D.), New York City (City)

Dates: In force from Sept. 27, 2021 to Sept. 30, 2021 (issued Aug. 24, 2021)
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; WF; OP; IN; EC
Grade: Primary source read
Days in this quarter: 4 (in force on the last day)

ORDER OF THE COMMISSIONER... TO REQUIRE COVID-19 VACCINATION FOR DEPARTMENT OF EDUCATION EMPLOYEES, CONTRACTORS, AND OTHERS... WHEREAS New York State has announced that, as of September 27, 2021 all healthcare [workers must be vaccinated]...

Enforcement: N.Y.C. Health Code 3.11; N.Y.C. Admin. Code 17-104

Citation: Commissioner of Health and Mental Hygiene (Dave A. Chokshi, M.D.), Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination for Department of Education Employees, Contractors, and Others (Aug. 24, 2021) (Ex. SEC-15-037) Open the exhibit

Ex. SEC-15-016

Executive Order No. 253 (2021)

Vaccination or testing requirement for all workers in preschool programs and elementary and secondary schools

Governor Philip D. Murphy, New Jersey (State)

Dates: In force from Oct. 18, 2021; end: Rescinded 2022 (issued Aug. 23, 2021)
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR; WF; OP; IN
Grade: Primary source read
Days in this quarter: 0

1. All public, private, and parochial preschool programs, and elementary and secondary schools, including charter and renaissance schools ('covered settings'), must maintain a policy that requires all covered workers to either provide adequate proof to the covered setting that they have been fully vaccinated or submit to COVID-19 testing at minimum one to two times weekly. This requirement shall take effect on October 18, 2021...

Enforcement: N.J.S.A. App. A:9-49 and -50

Citation: Governor Philip D. Murphy, Executive Order No. 253 (2021) (Aug. 23, 2021) (Ex. SEC-15-016) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-15-042	Governor Jay Inslee, Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021) (Mar. 20, 2020) (Ex. SEC-15-042)	In force from Mar. 20, 2020 to July 12, 2021	Business closureSchools and child careWorkplace rules
Ex. SEC-15-090	Texas Education Agency (Commissioner Mike Morath), TEA Public Health Planning Guidance for the 2020-21 school year (July 7, 2020; on-campus instruction with masks required; parental choice of remote; attendance-funding flexibility of July 14-17, 2020 for up to eight weeks of remote instruction), and the Aug. 5 and Aug. 19, 2021 public health guidance (mask provision not enforced during the GA-38 litigation) (Ex. SEC-15-090)	In force from July 7, 2020 to June 4, 2021	Face-covering requirementSchools and child care
Ex. SEC-15-029	Governor Greg Abbott, Executive Order GA-36 (May 18, 2021) (Ex. SEC-15-029)	In force from May 18, 2021 to July 29, 2021	Face-covering requirementSchools and child careOther
Ex. SEC-15-031	Utah Legislature, 2021 First Special Session; Governor Spencer Cox (signed), H.B. 1007, Face Covering Requirements (2021 First Special Session) (May 19, 2021) (Ex. SEC-15-031)	In force from May 19, 2021 to Sept. 30, 2021	Face-covering requirementSchools and child careOther
Ex. SEC-15-030	Iowa General Assembly (89th G.A.); Governor Kim Reynolds (signed), House File 847 (2021), Division on facial covering policies (counties, cities and schools), new Iowa Code section 280.31 (May 20, 2021) (Ex. SEC-15-030)	In force from May 20, 2021 to Oct. 8, 2021	Face-covering requirementSchools and child careOther
Ex. SEC-15-004	U.S. Immigration and Customs Enforcement, Student and Exchange Visitor Program (SEVP), SEVP Broadcast Message 2003-01: COVID-19 and Potential Procedural Adaptations for F and M nonimmigrant students (Mar. 13, 2020) (Ex. SEC-15-004)	In force from Mar. 13, 2020 to Sept. 30, 2021	Travel and quarantineOther

Third quarter of 2021: the instruments in force, Education and Child Care (nationally)

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):

SEC-15-024 (CA CDPH K-12 universal masking, July 12, 2021)
SEC-15-023 (CA CDPH school-worker vaccine verification, Aug. 11, 2021; compliance Oct. 15)
SEC-15-043 (WA Proclamation 21-14.1, Aug. 20, 2021.
WA Proclamation 20-9.4 (July 30, 2021) and 20-12.4 (July 12, 2021) as recited in SEC-15-043
SEC-15-074 (LA 137 JBE 2021, Aug. 2, effective Aug. 4-Sept. 1, 2021)
SEC-15-075 (LA 167 JBE 2021, renewal, Sept. 1, 2021)
SEC-15-027 (IL EO 2021-22, Sept. 3, 2021; school personnel first dose by Sept. 19 or weekly testing; statewide indoor masks from Aug. 30)
SEC-15-033 (CT EO 13A, Aug. 5, 2021)
SEC-15-034 (CT EO 13D, Aug. 19, 2021; school and child care staff by Sept. 27)
SEC-15-015 (NJ EO 251, Aug. 6, 2021, effective Aug. 9)
SEC-15-016 (NJ EO 253, Aug. 23, 2021; Oct. 18 compliance)
SEC-15-017 (NJ EO 264, Sept. 20, 2021; child-care masks Sept. 24; staff Nov. 1)
SEC-15-080 (KY EO 2021-585, Aug. 10-23, 2021) and 702 KAR 1:195E (Aug. 12-Sept. 9, 2021)
SEC-15-067 (DE 16 Del. Admin. Code 4202 sec. 7.7, effective Aug. 16, 2021)
SEC-15-035 (RI EO 21-87, Aug. 19-Sept. 18, 2021, renewed)
SEC-15-037 (NYC DOHMH order, Aug. 24, 2021; DOE staff by Sept. 27)
NY DOH emergency regulations of Aug. 27 (school masks) and Sept. 2, 2021 (staff testing) (secondary)
MA DESE mask requirement (Aug. 25, 2021) (secondary)
MD State Board of Education emergency regulation (Aug. 26, 2021) (secondary)
NM PED/DOH school mask requirement (Aug. 2021) (secondary)
HI statewide indoor mask order including schools (secondary)
SEC-15-047 (TX GA-38, July 29, 2021) and SEC-15-029 (GA-36) as the Texas school regime, with the August 2021 litigation
SEC-15-050 (TN EO 84, Aug. 16-Oct. 5, 2021)
SEC-15-045 (AR Act 1002; TRO Aug. 6, 2021)
SEC-15-030 (IA HF 847; enjoined Sept. 13, 2021)
SEC-15-046 (OK SB 658; enjoined in part Sept. 1, 2021)
SEC-15-031 (UT HB 1007)
AZ A.R.S. 15-342.05 (HB 2898; effective Sept. 29, 2021; held unconstitutional Sept. 27, 2021) and SC Proviso 1.108 (enjoined Sept. 28, 2021) (secondary)
SEVP COVID-19 guidance for F and M students (continuing students; SEC-15-004 as the base instrument)
State communicable-disease quarantine and isolation rules applied to exposed students and staff

6. The industry's regime in the States

No State was selected. The industry's State-by-State regime table is on the industry page at covidproject.com/industries/education-childcare.

7. Group meetings, trade shows and seasons the industry lost

The organizers' own notices of the trade shows, conventions, seasons and tournaments this industry lost in the quarters selected, with the reason each organizer gave. A cancelled meeting is a limitation on group meetings in the statute's words, and it reached the industry's customer base and its sales calendar.

Date	Organizer	Event	Exhibit
Nov. 19, 2019	National Association for the Education of Young Children	Organizer notice	Ex. SEC-15-GM-042
Feb. 18, 2020	National School Boards Association	Organizer notice	Ex. SEC-15-GM-041
Mar. 6, 2020	SXSW, LLC (SXSW EDU)	Organizer notice	Ex. SEC-15-GM-016
Mar. 11, 2020	National School Boards Association	Organizer notice	Ex. SEC-15-GM-004
Mar. 13, 2020	University Interscholastic League (Texas)	Organizer notice	Ex. SEC-15-GM-010
Mar. 13, 2020	Indiana High School Athletic Association	Organizer notice	Ex. SEC-15-GM-012
Mar. 20, 2020	National Science Teaching Association	Organizer notice	Ex. SEC-15-GM-002
Mar. 20, 2020	FIRST (For Inspiration and Recognition of Science and Technology)	Organizer notice	Ex. SEC-15-GM-005
Mar. 20, 2020	National Federation of State High School Associations (51 member associations)	Organizer notice	Ex. SEC-15-GM-011
Mar. 21, 2020	Music Teachers National Association	Organizer notice	Ex. SEC-15-GM-009
Mar. 24, 2020	Society for Science and the Public	Organizer notice	Ex. SEC-15-GM-017
Mar. 24, 2020	International Society for Technology in Education	Organizer notice	Ex. SEC-15-GM-043
Mar. 27, 2020	College Board	Organizer notice	Ex. SEC-15-GM-019
Apr. 2, 2020	Indiana High School Athletic Association	Organizer notice	Ex. SEC-15-GM-022
Apr. 11, 2020	ACT, Inc.	Organizer notice	Ex. SEC-15-GM-008
Apr. 15, 2020	The E.W. Scripps Company (Scripps National Spelling Bee)	Organizer notice	Ex. SEC-15-GM-018
Apr. 15, 2020	College Board	Organizer notice	Ex. SEC-15-GM-024
Apr. 17, 2020	University Interscholastic League (Texas)	Organizer notice	Ex. SEC-15-GM-001
Apr. 20, 2020	Ohio High School Athletic Association	Organizer notice	Ex. SEC-15-GM-014
Apr. 21, 2020	Educational Records Bureau (ERB)	Organizer notice	Ex. SEC-15-GM-013
May 4, 2020	New Jersey State Interscholastic Athletic Association	Organizer notice	Ex. SEC-15-GM-015
May 31, 2020	International Society for Technology in Education	Organizer notice	Ex. SEC-15-GM-006
June 1, 2020	American Federation of Teachers	Organizer notice	Ex. SEC-15-GM-033
June 2, 2020	SkillsUSA, Inc.	Organizer notice	Ex. SEC-15-GM-023
Aug. 12, 2020	The Enrollment Management Association	Organizer notice	Ex. SEC-15-GM-026
Aug. 16, 2020	National Association for the Education of Young Children	Organizer notice	Ex. SEC-15-GM-003
Sept. 16, 2020	National Council of Teachers of English	Organizer notice	Ex. SEC-15-GM-035
Sept. 17, 2020	AASA, The School Superintendents Association	Organizer notice	Ex. SEC-15-GM-036
Sept. 20, 2020	International Society for Technology in Education	Organizer notice	Ex. SEC-15-GM-020
Sept. 26, 2020	Learning Forward	Organizer notice	Ex. SEC-15-GM-034
Nov. 2, 2020	National Association of Independent Schools	Organizer notice	Ex. SEC-15-GM-007
Dec. 22, 2020	LRP Media Group (FETC)	Organizer notice	Ex. SEC-15-GM-037
Jan. 17, 2021	National Association of Independent Schools	Organizer notice	Ex. SEC-15-GM-025
Mar. 2, 2021	FIRST (For Inspiration and Recognition of Science and Technology)	Organizer notice	Ex. SEC-15-GM-032
Mar. 2, 2021	SXSW, LLC (SXSW EDU)	Organizer notice	Ex. SEC-15-GM-039
Mar. 4, 2021	National Science Teaching Association	Organizer notice	Ex. SEC-15-GM-028
Mar. 5, 2021	National Association of Independent Schools	Organizer notice	Ex. SEC-15-GM-021
Mar. 7, 2021	National School Boards Association	Organizer notice	Ex. SEC-15-GM-027
Mar. 20, 2021	Music Teachers National Association	Organizer notice	Ex. SEC-15-GM-029
Mar. 23, 2021	International Society for Technology in Education	Organizer notice	Ex. SEC-15-GM-031
Aug. 16, 2021	Arizona State University and GSV	Organizer notice	Ex. SEC-15-GM-040
Sept. 10, 2021	National Association for the Education of Young Children	Organizer notice	Ex. SEC-15-GM-030

8. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business of the industry Education and Child Care 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 205 instruments in force for this selection: 26 instruments from the regulators of Education and Child Care (Governor Philip D. Murphy, Executive Order No. 104 (2020) (Mar. 16, 2020) (Ex. SEC-15-011); Governor Greg Abbott, Executive Order GA-08 (Mar. 19, 2020) (Ex. SEC-15-070); Governor Ralph S. Northam, Executive Order 53 (Mar. 23, 2020) (Ex. SEC-15-056); and 23 more) and 179 federal instruments (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); 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); The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); and 176 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 of business of the Education and Child Care industry, as the Library records them: in-person instruction (IN; Ex. SEC-15-011, Ex. SEC-15-070, Ex. SEC-15-056, Ex. SEC-15-042 and 17 more); remote learning (RL; Ex. SEC-15-011, Ex. SEC-15-070, Ex. SEC-15-056, Ex. SEC-15-042 and 17 more); extended care and child care (EC; Ex. SEC-15-011, Ex. SEC-15-056, Ex. SEC-15-012, Ex. SEC-15-071 and 5 more); transport (TR; Ex. SEC-15-011, Ex. SEC-15-070, Ex. SEC-15-056, Ex. SEC-15-048 and 15 more); food service (FS; Ex. SEC-15-011, Ex. SEC-15-070, Ex. SEC-15-056, Ex. SEC-15-042 and 17 more); athletics, activities and events (AC; Ex. SEC-15-011, Ex. SEC-15-070, Ex. SEC-15-056, Ex. SEC-15-042 and 17 more); admissions, tours and enrollment (AD; Ex. SEC-15-011, Ex. SEC-15-042, Ex. SEC-15-060, Ex. SEC-15-062 and 1 more); campus housing and dining (CP; Ex. SEC-15-011, Ex. SEC-15-042, Ex. SEC-15-060, Ex. SEC-15-062 and 3 more); hiring, screening, training, credentialing (HR; Ex. SEC-15-012, Ex. SEC-15-071, Ex. SEC-15-049, Ex. SEC-15-013); office, administration, telework (OP; Ex. SEC-15-012, Ex. SEC-15-071, Ex. SEC-15-049, Ex. SEC-15-013 and 1 more); workforce availability (WF; Ex. SEC-15-011, Ex. SEC-15-070, Ex. SEC-15-056, Ex. SEC-15-042 and 19 more); families (CB; Ex. SEC-15-011, Ex. SEC-15-070, Ex. SEC-15-056, Ex. SEC-15-042 and 21 more).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 104 (2020) (Mar. 16, 2020) (Ex. SEC-15-011) ordered: "2. All public, private, and parochial preschool program premises, and elementary and secondary schools, including charter and renaissance schools, shall be closed to students beginning on Wednesday, March 18, 2020, and shall remain closed as long as this Order remains in effect. 3. All institutions…" Enforcement: N.J.S.A. App. A:9-49 and -50 (disorderly persons offense; fines and imprisonment) Governor Greg Abbott, Executive Order GA-08 (Mar. 19, 2020) (Ex. SEC-15-070) ordered: ".. hereby order the following on a statewide basis effective 11:59 p.m. on March 20, 2020, and continuing until 11:59 p.m. on April 3, 2020, subject to extension... In accordance with the Guidelines from the President and the CDC, every person in Texas shall avoid social gatherings in groups of more…" Enforcement: Tex. Gov't Code 418.173 (fine up to $1,000; confinement up to 180 days) Governor Ralph S. Northam, Executive Order 53 (Mar. 23, 2020) (Ex. SEC-15-056) ordered: "On March 13, 2020, I ordered all K-12 schools in the Commonwealth closed for [two weeks]... 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 and are urged to serve…" Enforcement: Va. Code 44-146.17 (Class 1 misdemeanor) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Mar. 13, 2020 to June 30, 2020, 110 days. Executive Order No. 104 (2020) (Ex. SEC-15-011) was in force from Mar. 18, 2020 to Aug. 13, 2020, 105 of the quarter's 110 days; Executive Order GA-08 (Ex. SEC-15-070) was in force from Mar. 20, 2020 to June 30, 2020, 103 of the quarter's 110 days; Executive Order 53 (Ex. SEC-15-056) was in force from Mar. 24, 2020 to Mar. 30, 2020, 7 of the quarter's 110 days. Of the 26 instruments in the quarter's record, 1 was in force on its first day, 17 on its last day and 1 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 a business of the Education and Child Care industry; 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 182 instruments in force for this selection: 19 instruments from the regulators of Education and Child Care (Governor Philip D. Murphy, Executive Order No. 104 (2020) (Mar. 16, 2020) (Ex. SEC-15-011); Governor Jay Inslee, Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021) (Mar. 20, 2020) (Ex. SEC-15-042); Director of Health Amy Acton, M.D., M.P.H., Ohio Department of Health, Director's Order that Reopens Facilities Providing Child Care Services, with Exceptions (rescinding the Director's Order of March 24, 2020 that closed facilities providing child care services) (May 31, 2020) (Ex. SEC-15-071); and 16 more) and 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). 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 of business of the Education and Child Care industry, as the Library records them: in-person instruction (IN; Ex. SEC-15-011, Ex. SEC-15-042, Ex. SEC-15-051, Ex. SEC-15-019 and 13 more); remote learning (RL; Ex. SEC-15-011, Ex. SEC-15-042, Ex. SEC-15-051, Ex. SEC-15-019 and 10 more); extended care and child care (EC; Ex. SEC-15-011, Ex. SEC-15-071, Ex. SEC-15-013, Ex. SEC-15-069); transport (TR; Ex. SEC-15-011, Ex. SEC-15-051, Ex. SEC-15-019, Ex. SEC-15-052 and 10 more); food service (FS; Ex. SEC-15-011, Ex. SEC-15-042, Ex. SEC-15-051, Ex. SEC-15-019 and 9 more); athletics, activities and events (AC; Ex. SEC-15-011, Ex. SEC-15-042, Ex. SEC-15-051, Ex. SEC-15-013 and 12 more); admissions, tours and enrollment (AD; Ex. SEC-15-011, Ex. SEC-15-042, Ex. SEC-15-018, Ex. SEC-15-004 and 1 more); campus housing and dining (CP; Ex. SEC-15-011, Ex. SEC-15-042, Ex. SEC-15-051, Ex. SEC-15-018 and 3 more); hiring, screening, training, credentialing (HR; Ex. SEC-15-071, Ex. SEC-15-013, Ex. SEC-15-052, Ex. SEC-15-018 and 2 more); office, administration, telework (OP; Ex. SEC-15-071, Ex. SEC-15-013, Ex. SEC-15-052, Ex. SEC-15-018 and 2 more); workforce availability (WF; Ex. SEC-15-011, Ex. SEC-15-042, Ex. SEC-15-071, Ex. SEC-15-051 and 12 more); families (CB; Ex. SEC-15-011, Ex. SEC-15-042, Ex. SEC-15-071, Ex. SEC-15-051 and 15 more).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 104 (2020) (Mar. 16, 2020) (Ex. SEC-15-011) ordered: "2. All public, private, and parochial preschool program premises, and elementary and secondary schools, including charter and renaissance schools, shall be closed to students beginning on Wednesday, March 18, 2020, and shall remain closed as long as this Order remains in effect. 3. All institutions…" Enforcement: N.J.S.A. App. A:9-49 and -50 (disorderly persons offense; fines and imprisonment) Director of Health Amy Acton, M.D., M.P.H., Ohio Department of Health, Director's Order that Reopens Facilities Providing Child Care Services, with Exceptions (rescinding the Director's Order of March 24, 2020 that closed facilities providing child care services) (May 31, 2020) (Ex. SEC-15-071) ordered: "2. Facilities providing child care services to reopen. All facilities providing child care services licensed by the Ohio Department of Job and Family Services (ODJFS) are permitted to reopen within the State so long as all safety standards are met.... All facilities providing ODE licensed preschool…" Enforcement: R.C. 3701.352; R.C. 3701.99 Governor Gretchen Whitmer, Executive Order 2020-35 (Apr. 2, 2020) (Ex. SEC-15-051) ordered: "I. Suspension of in-person K-12 instruction for the remainder of 2019-2020 school year. A. Except as provided in section III of this order, in-person instruction for pupils in kindergarten through grade 12 ('K-12') is suspended for the remainder of the 2019-2020 school year and school buildings used…" Enforcement: MCL 10.33; MCL 30.405(3) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2020 to Sept. 30, 2020, 92 days. Executive Order No. 104 (2020) (Ex. SEC-15-011) was in force from Mar. 18, 2020 to Aug. 13, 2020, 44 of the quarter's 92 days; Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5… (Ex. SEC-15-042) was in force from Mar. 20, 2020 to July 12, 2021, 92 of the quarter's 92 days; Director's Order that Reopens Facilities Providing Child Care Services, with Exceptions… (Ex. SEC-15-071) was in force from May 31, 2020 to Aug. 9, 2020, 40 of the quarter's 92 days. Of the 19 instruments in the quarter's record, 8 were in force on its first day, 12 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 a business of the Education and Child Care industry; 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 177 instruments in force for this selection: 17 instruments from the regulators of Education and Child Care (Director Robert Gordon, Michigan Department of Health and Human Services, MDHHS Emergency Order: Gatherings and Face Mask Order of November 15, 2020 (in-person instruction at high schools and colleges suspended Nov. 18-Dec. 8, 2020; extended Dec. 7 to Dec. 20, 2020) (Nov. 15, 2020) (Ex. SEC-15-078); Governor Jay Inslee, Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021) (Mar. 20, 2020) (Ex. SEC-15-042); Governor Andy Beshear, Executive Order 2020-969 (all public and private K-12 schools to cease in-person instruction Nov. 23, 2020; elementary schools may reopen Dec. 7 in non-red counties; middle and high schools remote through Jan. 4, 2021) (Nov. 18, 2020) (Ex. SEC-15-079); and 14 more) and 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). 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 of business of the Education and Child Care industry, as the Library records them: in-person instruction (IN; Ex. SEC-15-078, Ex. SEC-15-042, Ex. SEC-15-079, Ex. SEC-15-019 and 11 more); remote learning (RL; Ex. SEC-15-078, Ex. SEC-15-042, Ex. SEC-15-079, Ex. SEC-15-019 and 9 more); extended care and child care (EC; Ex. SEC-15-013, Ex. SEC-15-069); transport (TR; Ex. SEC-15-079, Ex. SEC-15-019, Ex. SEC-15-052, Ex. SEC-15-090 and 8 more); food service (FS; Ex. SEC-15-042, Ex. SEC-15-079, Ex. SEC-15-019, Ex. SEC-15-052 and 7 more); athletics, activities and events (AC; Ex. SEC-15-078, Ex. SEC-15-042, Ex. SEC-15-079, Ex. SEC-15-022 and 12 more); admissions, tours and enrollment (AD; Ex. SEC-15-042, Ex. SEC-15-004); campus housing and dining (CP; Ex. SEC-15-078, Ex. SEC-15-042, Ex. SEC-15-014, Ex. SEC-15-004); hiring, screening, training, credentialing (HR; Ex. SEC-15-013, Ex. SEC-15-052, Ex. SEC-15-053, Ex. SEC-15-014); office, administration, telework (OP; Ex. SEC-15-013, Ex. SEC-15-052, Ex. SEC-15-053, Ex. SEC-15-014); workforce availability (WF; Ex. SEC-15-078, Ex. SEC-15-042, Ex. SEC-15-079, Ex. SEC-15-022 and 11 more); families (CB; Ex. SEC-15-078, Ex. SEC-15-042, Ex. SEC-15-079, Ex. SEC-15-022 and 13 more).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 149 (2020) (May 30, 2020) (Ex. SEC-15-013) ordered: "2. The Commissioner of the Department of Health... shall impose Standards for COVID-19 Related Health and Safety Applicable in New Jersey Child Care and Youth Summer Camp Settings... 6. Effective 6:00 a.m. on June 15, 2020, child care centers and other child care facilities are permitted to resume…" Enforcement: N.J.S.A. App. A:9-49 and -50 Governor Douglas A. Ducey, Executive Order 2020-41 (June 24, 2020) (Ex. SEC-15-019) ordered: "1. The State Board of Education and the Arizona State Board for Charter Schools shall allow school districts and charter schools to offer distance learning options for students without an approved Arizona Online Instruction (AOI) program for the 2020-2021 school year subject to the following…" Enforcement: A.R.S. 26-317 (violation of an emergency order a class 1 misdemeanor) California Department of Public Health (with Cal/OSHA), under the Governor's July 17, 2020 framework, COVID-19 Industry Guidance: Schools and School-Based Programs (July 17, 2020) (Ex. SEC-15-053) ordered: "Release date: July 17, 2020... Employers must provide and ensure staff use face coverings in [accordance with CDPH guidelines]... 3. Face Coverings. Face coverings must be used in accordance with CDPH guidelines unless a [person is exempt]..." Enforcement: Health & Safety Code 120275 et seq.; the County Monitoring List rule (schools in listed counties may not open for in-person instruction until off the list 14… 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. MDHHS Emergency Order: Gatherings and Face Mask Order of November 15, 2020 (in-person… (Ex. SEC-15-078) was in force from Nov. 18, 2020 to Dec. 20, 2020, 33 of the quarter's 92 days; Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5… (Ex. SEC-15-042) was in force from Mar. 20, 2020 to July 12, 2021, 92 of the quarter's 92 days; Executive Order 2020-969 (all public and private K-12 schools to cease in-person… (Ex. SEC-15-079) was in force from Nov. 23, 2020 to Jan. 4, 2021, 39 of the quarter's 92 days. Of the 17 instruments in the quarter's record, 12 were in force on its first day, 13 on its last day and 11 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Education and Child Care industry; 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 187 instruments in force for this selection: 12 instruments from the regulators of Education and Child Care (Governor Jay Inslee, Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021) (Mar. 20, 2020) (Ex. SEC-15-042); Governor Andy Beshear, Executive Order 2020-969 (all public and private K-12 schools to cease in-person instruction Nov. 23, 2020; elementary schools may reopen Dec. 7 in non-red counties; middle and high schools remote through Jan. 4, 2021) (Nov. 18, 2020) (Ex. SEC-15-079); Governor Tim Walz, Emergency Executive Order 20-99 (Four Week Dial Back), as extended by EO 20-103 (Dec. 16, 2020) (Nov. 18, 2020) (Ex. SEC-15-022); and 9 more) and 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). 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 of business of the Education and Child Care industry, as the Library records them: in-person instruction (IN; Ex. SEC-15-042, Ex. SEC-15-079, Ex. SEC-15-090, Ex. SEC-15-092 and 7 more); remote learning (RL; Ex. SEC-15-042, Ex. SEC-15-079, Ex. SEC-15-090, Ex. SEC-15-092 and 5 more); extended care and child care (EC; Ex. SEC-15-069); transport (TR; Ex. SEC-15-079, Ex. SEC-15-090, Ex. SEC-15-092, Ex. SEC-15-021 and 5 more); food service (FS; Ex. SEC-15-042, Ex. SEC-15-079, Ex. SEC-15-021, Ex. SEC-15-058 and 4 more); athletics, activities and events (AC; Ex. SEC-15-042, Ex. SEC-15-079, Ex. SEC-15-022, Ex. SEC-15-090 and 7 more); admissions, tours and enrollment (AD; Ex. SEC-15-042, Ex. SEC-15-004); campus housing and dining (CP; Ex. SEC-15-042, Ex. SEC-15-014, Ex. SEC-15-004); hiring, screening, training, credentialing (HR; Ex. SEC-15-014); office, administration, telework (OP; Ex. SEC-15-014); workforce availability (WF; Ex. SEC-15-042, Ex. SEC-15-079, Ex. SEC-15-022, Ex. SEC-15-090 and 7 more); families (CB; Ex. SEC-15-042, Ex. SEC-15-079, Ex. SEC-15-022, Ex. SEC-15-090 and 8 more).

Step three, the change compelled. Governor Tate Reeves, Executive Order No. 1517 (Aug. 4, 2020) (Ex. SEC-15-058) ordered: "WHEREAS, on March 19, 2020, I issued Executive Order 1460... closing all Mississippi public schools through April 17, 2020... WHEREAS, on April 22, 2020, I issued Executive Order 1476... closing all Mississippi public school buildings through the remainder of the 2019-2020 academic year... I. Every…" Enforcement: Miss. Code Ann. 33-15-17 (misdemeanor) Governor Philip D. Murphy, Executive Order No. 175 (2020) (Aug. 13, 2020) (Ex. SEC-15-014) ordered: "2. All school districts that reopen for full or part-time in-person instruction must meet the following health and safety standards... a. At least six (6) feet of distance between individuals in all settings to the greatest extent practicable or social distancing modifications... b. Mandatory use of…" Enforcement: N.J.S.A. App. A:9-49 and -50 Interim Director of Health Lance D. Himes, Ohio Department of Health, Director's Order Requiring the Use of Facial Coverings in Child Education Settings (Aug. 13, 2020) (Ex. SEC-15-069) ordered: "1. Facial Coverings (Masks). Except as provided herein, all students, faculty, and staff in any child care setting, school building, or other location that provides care or education to any child in kindergarten through grade twelve in the State of Ohio shall wear facial coverings at all times when…" Enforcement: R.C. 3701.352; R.C. 3701.99 (misdemeanor of the second degree) 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. Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5… (Ex. SEC-15-042) was in force from Mar. 20, 2020 to July 12, 2021, 90 of the quarter's 90 days; Executive Order 2020-969 (all public and private K-12 schools to cease in-person… (Ex. SEC-15-079) was in force from Nov. 23, 2020 to Jan. 4, 2021, 4 of the quarter's 90 days; Emergency Executive Order 20-99 (Four Week Dial Back), as extended by EO 20-103 (Dec. 16… (Ex. SEC-15-022) was in force from Dec. 18, 2020 to Jan. 10, 2021, 10 of the quarter's 90 days. Of the 12 instruments in the quarter's record, 11 were in force on its first day, 7 on its last day and 7 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 a business of the Education and Child Care industry; 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 177 instruments in force for this selection: 12 instruments from the regulators of Education and Child Care (Governor Jay Inslee, Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021) (Mar. 20, 2020) (Ex. SEC-15-042); Texas Education Agency (Commissioner Mike Morath), TEA Public Health Planning Guidance for the 2020-21 school year (July 7, 2020; on-campus instruction with masks required; parental choice of remote; attendance-funding flexibility of July 14-17, 2020 for up to eight weeks of remote instruction), and the Aug. 5 and Aug. 19, 2021 public health guidance (mask provision not enforced during the GA-38 litigation) (Ex. SEC-15-090); Governor Laura Kelly (KS EO 20-59, July 20, 2020: face coverings in schools); Utah Department of Health (State Public Health Order of July 20, 2020: face coverings in all public and private K-12 schools); Governor Kim Reynolds (Iowa Proclamation of July 17, 2020: at least half of instruction in person), The July 17-20, 2020 fall-opening orders of Kansas, Utah and Iowa (grouped record) (July 20, 2020) (Ex. SEC-15-092); and 9 more) and 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). 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 of business of the Education and Child Care industry, as the Library records them: in-person instruction (IN; Ex. SEC-15-042, Ex. SEC-15-090, Ex. SEC-15-092, Ex. SEC-15-021 and 8 more); remote learning (RL; Ex. SEC-15-042, Ex. SEC-15-090, Ex. SEC-15-092, Ex. SEC-15-021 and 4 more); extended care and child care (EC; Ex. SEC-15-069); transport (TR; Ex. SEC-15-090, Ex. SEC-15-092, Ex. SEC-15-021, Ex. SEC-15-014 and 6 more); food service (FS; Ex. SEC-15-042, Ex. SEC-15-021, Ex. SEC-15-014, Ex. SEC-15-069 and 2 more); athletics, activities and events (AC; Ex. SEC-15-042, Ex. SEC-15-090, Ex. SEC-15-092, Ex. SEC-15-021 and 7 more); admissions, tours and enrollment (AD; Ex. SEC-15-042, Ex. SEC-15-004); campus housing and dining (CP; Ex. SEC-15-042, Ex. SEC-15-014, Ex. SEC-15-004); hiring, screening, training, credentialing (HR; Ex. SEC-15-014); office, administration, telework (OP; Ex. SEC-15-014); workforce availability (WF; Ex. SEC-15-042, Ex. SEC-15-090, Ex. SEC-15-092, Ex. SEC-15-021 and 7 more); families (CB; Ex. SEC-15-042, Ex. SEC-15-090, Ex. SEC-15-092, Ex. SEC-15-021 and 8 more).

Step three, the change compelled. Governor Philip D. Murphy, Executive Order No. 175 (2020) (Aug. 13, 2020) (Ex. SEC-15-014) ordered: "2. All school districts that reopen for full or part-time in-person instruction must meet the following health and safety standards... a. At least six (6) feet of distance between individuals in all settings to the greatest extent practicable or social distancing modifications... b. Mandatory use of…" Enforcement: N.J.S.A. App. A:9-49 and -50 Interim Director of Health Lance D. Himes, Ohio Department of Health, Director's Order Requiring the Use of Facial Coverings in Child Education Settings (Aug. 13, 2020) (Ex. SEC-15-069) ordered: "1. Facial Coverings (Masks). Except as provided herein, all students, faculty, and staff in any child care setting, school building, or other location that provides care or education to any child in kindergarten through grade twelve in the State of Ohio shall wear facial coverings at all times when…" Enforcement: R.C. 3701.352; R.C. 3701.99 (misdemeanor of the second degree) Governor Greg Abbott, Executive Order GA-36 (May 18, 2021) (Ex. SEC-15-029) ordered: "1. No governmental entity, including a county, city, school district, and public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering... 2. Notwithstanding the above, public schools may continue to follow…" Enforcement: Tex. Gov't Code 418.173: fine up to $1,000 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. Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5… (Ex. SEC-15-042) was in force from Mar. 20, 2020 to July 12, 2021, 91 of the quarter's 91 days; TEA Public Health Planning Guidance for the 2020-21 school year (July 7, 2020; on-campus… (Ex. SEC-15-090) was in force from July 7, 2020 to June 4, 2021, 65 of the quarter's 91 days; Emergency Executive Order 20-82 (Safe Learning Plan for the 2020-21 school year) (Ex. SEC-15-021) was in force from July 30, 2020 to June 30, 2021, 91 of the quarter's 91 days. Of the 12 instruments in the quarter's record, 7 were in force on its first day, 9 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 a business of the Education and Child Care industry; 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 207 instruments in force for this selection: 40 instruments from the regulators of Education and Child Care (Governor Jay Inslee, Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021) (Mar. 20, 2020) (Ex. SEC-15-042); Texas Education Agency (Commissioner Mike Morath), TEA Public Health Planning Guidance for the 2020-21 school year (July 7, 2020; on-campus instruction with masks required; parental choice of remote; attendance-funding flexibility of July 14-17, 2020 for up to eight weeks of remote instruction), and the Aug. 5 and Aug. 19, 2021 public health guidance (mask provision not enforced during the GA-38 litigation) (Ex. SEC-15-090); Governor Greg Abbott, Executive Order GA-36 (May 18, 2021) (Ex. SEC-15-029); and 37 more) and 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). 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 of business of the Education and Child Care industry, as the Library records them: in-person instruction (IN; Ex. SEC-15-042, Ex. SEC-15-090, Ex. SEC-15-029, Ex. SEC-15-031 and 33 more); remote learning (RL; Ex. SEC-15-042, Ex. SEC-15-090, Ex. SEC-15-004); extended care and child care (EC; Ex. SEC-15-074, Ex. SEC-15-033, Ex. SEC-15-015, Ex. SEC-15-080 and 8 more); transport (TR; Ex. SEC-15-090, Ex. SEC-15-029, Ex. SEC-15-031, Ex. SEC-15-030 and 26 more); food service (FS; Ex. SEC-15-042, Ex. SEC-15-024, Ex. SEC-15-085, Ex. SEC-15-074 and 2 more); athletics, activities and events (AC; Ex. SEC-15-042, Ex. SEC-15-090, Ex. SEC-15-029, Ex. SEC-15-031 and 27 more); admissions, tours and enrollment (AD; Ex. SEC-15-042, Ex. SEC-15-046, Ex. SEC-15-004); campus housing and dining (CP; Ex. SEC-15-042, Ex. SEC-15-074, Ex. SEC-15-067, Ex. SEC-15-075 and 2 more); hiring, screening, training, credentialing (HR; Ex. SEC-15-047, Ex. SEC-15-086, Ex. SEC-15-074, Ex. SEC-15-015 and 9 more); office, administration, telework (OP; Ex. SEC-15-074, Ex. SEC-15-027, Ex. SEC-15-038, Ex. SEC-15-023 and 4 more); workforce availability (WF; Ex. SEC-15-042, Ex. SEC-15-090, Ex. SEC-15-029, Ex. SEC-15-031 and 35 more); families (CB; Ex. SEC-15-042, Ex. SEC-15-090, Ex. SEC-15-029, Ex. SEC-15-031 and 31 more).

Step three, the change compelled. Governor Greg Abbott, Executive Order GA-36 (May 18, 2021) (Ex. SEC-15-029) ordered: "1. No governmental entity, including a county, city, school district, and public health authority, and no governmental official may require any person to wear a face covering or to mandate that another person wear a face covering... 2. Notwithstanding the above, public schools may continue to follow…" Enforcement: Tex. Gov't Code 418.173: fine up to $1,000 Utah Legislature, 2021 First Special Session; Governor Spencer Cox (signed), H.B. 1007, Face Covering Requirements (2021 First Special Session) (May 19, 2021) (Ex. SEC-15-031) ordered: "H.B. 1007 Face Covering Requirements... [Part] School Facilities... [a face covering requirement in a school may be imposed only by a local health department order approved by the county legislative body]" Enforcement: Utah Code 26A-1-114 (local health orders) as conditioned Iowa General Assembly (89th G.A.); Governor Kim Reynolds (signed), House File 847 (2021), Division on facial covering policies (counties, cities and schools), new Iowa Code section 280.31 (May 20, 2021) (Ex. SEC-15-030) ordered: "FACIAL COVERING POLICIES -- COUNTIES, CITIES, AND SCHOOLS. Sec. 28. NEW SECTION. 280.31 Facial coverings. The board of directors of a school district... [and] the authorities in charge of an accredited nonpublic school shall not adopt, enforce, or implement a policy that requires its employees…" Enforcement: Iowa Code ch. 280; Department of Education accreditation; injunction litigation 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. Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5… (Ex. SEC-15-042) was in force from Mar. 20, 2020 to July 12, 2021, 12 of the quarter's 92 days; Executive Order GA-36 (Ex. SEC-15-029) was in force from May 18, 2021 to July 29, 2021, 29 of the quarter's 92 days; H.B. 1007, Face Covering Requirements (2021 First Special Session) (Ex. SEC-15-031) was in force from May 19, 2021 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 40 instruments in the quarter's record, 7 were in force on its first day, 26 on its last day and 3 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Education and Child Care industry; 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.

9. The Service's sentences, answered for Education and Child Care

The Service's letters and examination reports rest on fourteen grounds. Each is answered below from the statute's text, from Tri-State, from the instruments with their exhibit identifiers, and from the United States' own representations, which are collected on the Government's own words page. None survives the public record for education and child care.

Each sentence below is stated in the Service's general vocabulary and answered from the industry analysis; the full answer, with its footnotes, is on the ground page linked beneath it.

Sentence 1: 1. No orders in effect

"There were no government orders related to COVID-19 in effect during the quarter which could have fully or partially suspended your trade or business."

For every quarter, the six-quarters section above lists the orders in force on the quarter's first and last day, by issuer, date and terms, with exhibit identifiers, and the tables on this page tabulate them. For the third quarter of 2021 alone the list runs to the federal conveyance order on every school bus, the entry and student-visa orders, the federal workplace and contractor orders, the school and child care face-covering and exposure-control orders of at least eighteen States and the District of Columbia, the staff vaccination-or-testing orders of ten jurisdictions, the face-covering-mandate prohibitions of eight States and the injunctions, stays and judgments that decided them inside the quarter, the county and district orders of every large metro and the quarantine standing orders that sent every exposed class home (Ex. FED-020; Ex. FED-207; Ex. SEC-15-024; Ex. SEC-15-023; Ex. WA-079; Ex. OR-045; Ex. IL-040; Ex. SEC-15-074; Ex. NJ-055; Ex. NJ-057; Ex. CT-050; Ex. KY-052; Ex. PA-042; Ex. NY-073; Ex. SEC-15-047; Ex. FL-063; Ex. TN-036; Ex. SEC-15-045; Ex. IA-057; Ex. SC-041; Ex. MET-PHX-006; Ex. MET-DFW-030; Ex. MET-HOU-038; Ex. MET-DEN-024; Ex. MET-NYC-040; Ex. RI-060). A form sentence that no orders were in effect is not the "case-by-case" determination the United States described to the District Court. The sentence describes a school year that did not open, and the Service's records, whatever they contain, do not contain the Federal Register, the fifty State registers or a single school's opening-day handbook of August 2021.

Read the full answer to sentence 1 and the record behind it →

Sentence 2: 2. Designated essential and remained open

"The employer operated an essential business and remained open."

The word "essential" is not in the statute. The child care centers that the States permitted to operate in the spring of 2020 were permitted to operate for one set of families only, the children of essential workers, under emergency ratios, in groups of ten or fewer, after certification, and every other family they had served was ordered away (Ex. SEC-15-012; Ex. SEC-15-071; Ex. MA-006; Ex. MD-034; Ex. DE-011; Ex. OR-013; Ex. CA-046). The Notice itself provides that an employer so designated "may be considered to have a partial suspension of operations if, under the facts and circumstances, more than a nominal portion of its business operations are suspended by a governmental order," and the United States told the District Court the same.

"[A]n employer could be considered to have a partial suspension due to the governmental order if it was required to suspend certain operations for certain purposes."

Read the full answer to sentence 2 and the record behind it →

Sentence 3: 3. Orders directed to the public

"Stay-at-home orders directed to the public are not considered; only orders directed at business operations count."

The statute says nothing of the source or addressee of the order; it asks whether the order limited "commerce, travel, or group meetings." The Notice's own list of qualifying orders includes "A State's emergency proclamation that residents must shelter in place" and "An order from a local official imposing a curfew on residents," both addressed to the public, and the United States quoted that list to the District Court as the statute's meaning and told the Ninth Circuit that a business "may be suspended 'due to' a government order addressing a third party." The orders that reached this industry were, moreover, directed at its operations in terms and by name: "All public, private, and parochial preschool program premises, and elementary and secondary schools ... shall be closed to students"; "All K-12 school buildings or facilities[,] whether public or private[,] used for student instruction are to close"; "This requirement includes all public, nonpublic, and boarding schools in the state"; "all public and private schools in Illinois serving pre-kindergarten through 12th grade students must close"; "Cessation of all in-person instruction at K-12 schools, public and private"; "All schools identified in this Order must verify vaccine status of all workers"; "All public, private, and parochial preschool programs and elementary and secondary schools ... must maintain a policy regarding mandatory use of face masks" (Ex. SEC-15-011; Ex. SEC-15-057; Ex. SEC-15-048; Ex. SEC-15-025; Ex. SEC-15-056; Ex. SEC-15-023; Ex. SEC-15-015). The position rewrites the statute and misdescribes the orders.

Read the full answer to sentence 3 and the record behind it →

Sentence 4: 4. Comparable operations through telework

"The employer could have continued comparable operations through telework."

"Comparable operations" and "telework" are not in the statute; Tri-State defines a partial suspension as a temporary delay, interruption or termination of a portion of the business, and a school whose classrooms were closed by order has had its in-person portion terminated for the duration of the order. The Notice's own words confirm it. Q&A-15 provides that where "the closure of the workplace causes the employer to suspend business operations for certain purposes, but not others, it may be considered to have a partial suspension of operations due to the governmental order," and its Example 3 treats a research company's laboratory operations, which "cannot continue in a comparable manner," as partially suspended although its modeling staff teleworked; Q&A-16 provides that where the physical work space is so critical that central tasks cannot be performed remotely "this factor alone indicates that the employer is not able to continue comparable operations," and that a delay "beyond 2 weeks" in moving to telework is itself a partial suspension; Q&A-17 provides that a compelled modification with more than a nominal effect is a partial suspension. A kindergarten, a chemistry laboratory, a dance studio, a football season, a dormitory, a dining hall, a school bus and a room of two-year-olds are the laboratory of Example 3; none of them continues in a comparable manner on a screen, and a child care center does not continue at all. The comparable-operations sentence with which Q&A-15 opens is not in the statute, has no force of law by the United States' own account, and is not applied here. A school that delivered by video what it had sold as a classroom did not continue "comparable operations"; it continued the portion of its operations the orders left it, and the Bureau of Labor Statistics measured the difference at 544,400 jobs in private educational services and 372,000 in child day care between February and April 2020 (Ex. SEC-15-009). Telework was the modification the orders compelled, and a compelled modification of a more than nominal portion is a partial suspension, which is what Q&A-17 also says. The position substitutes a word Congress did not write for the one it did.

Read the full answer to sentence 4 and the record behind it →

Sentence 5: 5. Orders that affected customers, not the employer

"The orders affected the employer's customers, not the employer (Q&A-13)."

Q&A-13 addresses an employer that suspends operations because of "a reduction in demand." This analysis relies on no reduction in demand. It relies on orders that closed the classrooms in which the industry teaches, confined the child care rooms in which it cares for children, closed the districts that contract for its buses, meals and tutoring, closed the consulates and borders through which its students come, and placed its own staff under face-covering, testing and quarantine requirements, and it relies on those orders as orders limiting commerce, travel and group meetings under the statute's text, Q&A-12's logic and the United States' admission that a third-party order counts. Q&A-13 describes an employer that "responds to the lack of demand by suspending some or all of its operations"; this analysis describes an employer forbidden by name to open its doors. As posted on April 29, 2020, the Service's own FAQ 32 confined the customer exclusion to "an essential business that is not required to close its physical locations or otherwise suspend its operations" and to a suspension claimed "for the sole reason" of the customers' stay-at-home order; the Notice of March 1, 2021 extended the exclusion to every employer and to any "reduction in demand," a change the United States has represented carries no force of law. A stay-at-home order on the family is itself an order limiting commerce, and the commerce it limited was this industry's; the Service's invocation of Q&A-13 against an industry whose premises were closed by name misdescribes both the orders and the industry.

Read the full answer to sentence 5 and the record behind it →

Sentence 6: 6. Voluntary measures

"The employer's measures were voluntary (Q&A-14)."

A classroom closed because Executive Order 104 closed it, a child care room confined to essential workers' children because Executive Order 110 confined it, a face covering on every child because Executive Order 251 required it, a weekly test of every unvaccinated teacher because Executive Order 2021-22 required it, and a fourteen-day quarantine of every exposed class because the Harris County Local Health Authority ordered it are not voluntary (Ex. SEC-15-011; Ex. SEC-15-012; Ex. SEC-15-015; Ex. SEC-15-027; Ex. MET-HOU-038). Q&A-14 describes an employer that closes without any order; every modification described here is traced to an order with an exhibit identifier. Where an employer with schools or centers in several States adopted a uniform policy to comply with the orders of the jurisdictions that bound it, Q&A-20 makes it eligible "with respect to all of its operations in all locations." A modification traced to an order with an exhibit identifier is not voluntary, and the position that it was describes an employer this analysis does not address.

The standing duties inventoried above answer the ground on the Notice's own terms. Q&A-14 reaches, by its own words, only a suspension "not due to a governmental order" (Notice 2021-20, Q&A-14, at 929), and the United States and the District Court have defined the excluded employer as one "not being ordered to do so" (Doc. 49 at 18) and as one that "could nonetheless, with telework, 'continue operations comparable to its operations prior to the closure' but chooses not to" (Br. for Appellees at 42). No employer in this industry in the eight principal States answered that description in any of the six quarters. The reopening orders permitted operation only on conditions with the force of law (Ex. PA-010; Ex. CO-041; Ex. WA-075). The standing statutes commanded the same conduct independently: Texas's "Each person shall act responsibly to prevent and control communicable disease" and its command that "Each employer shall" provide a "reasonably safe and healthful" workplace with "methods of sanitation and hygiene" (Ex. DUT-TX-001; Ex. DUT-TX-013), the order-violation offenses and safe-workplace statutes of the other seven, and the general duty clause, 29 U.S.C. § 654(a)(1), enforced by citation from September 2020 (Ex. DUT-FED-001; Ex. LAW-487). The legislatures of Texas, Florida and Michigan then fixed the standard of care as compliance with governmental standards, guidance and protocols (Ex. DUT-TX-015; Ex. DUT-FL-012; Ex. DUT-MI-015). The safe-workplace statutes had no COVID-19 content until the health authorities said what a safe classroom and child care room required; the cohorts, the screening at the door and the face coverings were adopted because those directives defined the duty and would not have been adopted without them. "Due to" is but-for causation (Tri-State at 17-19), and here it runs from the command to the measure without an intervening choice. The Notice confirms it: a modification "required by a governmental order as a condition of reopening" is a partial suspension due to the order (Q&A-18, at 930). A statute that commands conduct is an order from an appropriate governmental authority no less than a proclamation, and the Service's premise, that no command reached the employer, fails wherever one did.

Read the full answer to sentence 6 and the record behind it →

Sentence 7: 7. The ten percent figure applied as a floor

"The portion of the business affected was not more than nominal (the 10 percent figure applied as a floor)."

The ten percent figure is, in the United States' words, "not determinative," "[e]ffectively ... a safe harbor," "not an eligibility requirement," "a quintessential safe harbor," "a safe harbor rather than a hard floor"; the District Court held it "is not an exclusionary cut-off point"; and Tri-State held that the Notice "provides a method for the test to be met not as a requirement to meet the test" and that reading it as a requirement "would read requirements into the statute that do not exist."

"Effectively, this is a safe harbor ... Properly understood, it isn't an eligibility requirement."

Read the full answer to sentence 7 and the record behind it →

Sentence 8: 8. Modifications of only nominal effect

"The required modifications (masks, gloves, spacing, screening) had only a nominal effect (Q&A-18)."

The modifications described here are closure, confinement to one set of families, emergency ratios, a State-fixed reopening date, cohorts, metrics, remote and hybrid instruction, quarantine of every exposed class, exclusion of unvaccinated staff and, in the preemption States, a prohibition on the school's own rule; the face-covering orders of July through September 2021 are described as what they are: workplace infection-prevention and exposure-control requirements imposed by orders from appropriate governmental authorities, enforced by fine, misdemeanor, recognition status and injunction, that conditioned every classroom and child care room in the States and metros that issued them. Q&A-18 itself provides that a modification "that results in a reduction in an employer's ability to provide goods or services in the normal course of the employer's business of not less than 10 percent will be deemed to have more than a nominal effect," and the United States told the District Court as much.

"[E]mployees having to wear face masks may impact business operations."

Read the full answer to sentence 8 and the record behind it →

Sentence 9: 9. A declaration of emergency is not an order

"A declaration of emergency is not an order (Q&A-10)."

This analysis relies on no bare declaration as a suspending order. Each instrument in the layer and quarter inventories above limited commerce, travel or group meetings in terms: it closed a building, fixed a date, cut a ratio, placed a room under face-covering and exclusion rules, tested a teacher or excluded a class. Where an emergency declaration is cited, it is cited as the instrument under which those orders were issued and continued, or as proof of a period, which the Notice's own text allows (Ex. FED-001; Ex. FED-016; Ex. SEC-15-038; Ex. AL-004; Ex. AL-079; Ex. AL-052; Ex. MET-STL-020; Ex. MET-SAN-041). The ground answers an argument this analysis does not make.

Read the full answer to sentence 9 and the record behind it →

Sentence 10: 10. The supplier was not itself closed by order

"The supplier was not itself closed by order; supply-chain effects are too attenuated (AM 2023-005)."

Chief Counsel memoranda "may not be used or cited as precedent," by their own legend, which Tri-State quoted in declining to rely on the Chief Counsel memorandum the United States offered there. The suppliers and counterparties of this industry are the families, the districts, the carriers, the consulates, the licensing agencies and the contract health providers, and each was closed or conditioned by an order with a date and an exhibit identifier; nothing here is attenuated. The United States told the Ninth Circuit that the supplier rule "never even mentions a 'physical[ ] clos[ure]' order against the supplier," and told the District Court that an employer is eligible where its operations are suspended "because of the supplier's inability to deliver." Causation is but-for on the United States' own agreed definition: absent the order closing the district, no law idled the bus contractor's routes; absent the proclamation suspending entry from India, no law kept the graduate student out of the dormitory. The position describes an attenuated chain this analysis does not present; a school district closed by order is not a supply-chain effect, and a Chief Counsel memorandum that cannot be cited as precedent is not the statute.

Read the full answer to sentence 10 and the record behind it →

Sentence 11: 11. The orders had lifted before the quarter began

"The orders had lifted before the quarter began; any effect was a lingering effect."

For the third quarter of 2021 the orders had not lifted: subpart B of the third-quarter section above lists, with dates, the orders in force on July 1 and September 30, 2021, and the paragraph that follows the finding names the expired instruments on which the proof does not rest. In California, Connecticut, Illinois, New Jersey, Louisiana, Virginia, Washington and the District of Columbia a State school or child care instrument was in force on July 1 and the second round attached before it lapsed; in North Carolina, Delaware, Nevada and Kentucky the interval between the last 2020-21 school condition and the first 2021-22 condition ran for the days subpart D states; and on no day of any interval was a school in any of those jurisdictions free of the federal conveyance order on its buses, the entry and student-visa orders on its international students and the quarantine standing orders on its exposed classes. Where the position means that a suspension compelled by an order that expired on June 30 ended at midnight, it misreads the clause, which asks whether the operation "is fully or partially suspended during the calendar quarter," and it contradicts Tri-State's definition of a suspension as a "delay," Q&A-22's whole-quarter rule and Q&A-16's transition rule. The position mistakes the date an order lapsed for the date the suspension it compelled ended; the clause asks about the second.

Read the full answer to sentence 11 and the record behind it →

Sentence 12: 12. No decline in gross receipts

"The employer did not experience the required decline in gross receipts."

The gross-receipts prong is not relied on. The statute makes an employer eligible on either prong, and the United States admitted in Tri-State that the gross-receipts test is "another method to qualify," on which the court held "the fact an employer can be eligible and affected without partial or full suspension is reasonable." The suspension prong asks about operations, not revenue, and it is satisfied in every quarter; a school whose tuition was paid for a closed classroom was suspended no less than one whose tuition was refunded. The ground answers a prong this analysis does not invoke; Congress joined the two prongs with "or."

Read the full answer to sentence 12 and the record behind it →

Sentence 13: 13. Guidance, recommendations or best practices

"The instruments relied on are guidance, recommendations or best practices, not orders."

Every instrument this analysis relies on as a suspending order is an order, proclamation, rule, directive, statute, regulation, resolution or judgment with the force of law, issued under a recited statutory or constitutional power and enforced by fine, misdemeanor, license, recognition status, contract or injunction. Where a State made a guidance document binding by incorporating it into an order (California's Beyond the Blueprint order and its K-12 guidance; Connecticut's Executive Order 9 and its reopening plan; Illinois's Executive Order 2020-47 and its Phase 4 guidance; Washington's Proclamation 20-09.4 and the Department of Health's requirements; New York's Executive Order 202.60 and the Department of Health's interim guidance), the binding instrument is the order, and it is the order that is cited (Ex. CA-036; Ex. SEC-15-024; Ex. CT-026; Ex. CT-072; Ex. IL-020; Ex. AGY-ST-EDUCATION-HIGHER-ED-011; Ex. WA-075; Ex. NY-035; Ex. NY-122). The guidance documents of the period are described on this page as guidance and ground no finding. The Notice itself provides that whether an instrument is a governmental order "is determined without regard to the level of enforcement." An instrument enforced by fine, misdemeanor, license or injunction is not a recommendation, and the position that it is misdescribes every instrument this page names.

Read the full answer to sentence 13 and the record behind it →

Sentence 14: 14. The ordinary meaning of "order"

"'Order' must be given its ordinary meaning."

Agreed. An "order" is "a command, direction, or instruction" and "a rule or regulation made by a competent authority"; the United States agreed in Tri-State that the clause is read by "plain meaning," and the Service's own Chief Counsel defined "order" as "a command or mandate delivered by a government official." "All public, private, and parochial preschool program premises, and elementary and secondary schools ... shall be closed to students" is a command; "schools shall temporarily close" is a command; "[a]ll schools identified in this Order must verify vaccine status of all workers" is a command; "[n]o governmental entity ... may require any person to wear a face covering" is a command. Every instrument in the findings below is a command from a competent authority to do or refrain from doing something on pain of sanction. That is the ordinary meaning, and it is satisfied.

The Service is free to disagree about the weight of these instruments. It is not free to say they did not exist.

Read the full answer to sentence 14 and the record behind it →

10. Exhibit list

Every instrument cited in this report, by exhibit identifier: 422 records, of which The COVID Project holds the document for 388. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-ST-EDUCATION-HIGHER-ED-011	Starting the 2020-21 School Year, Part 3 - Transition Joint Guidance (June 23, 2020)	Illinois State Board of Education (State Superintendent Carmen I. Ayala) and Illinois Department of Public Health, with the Transition Advisory Workgroup	June 23, 2020	Illinois State Board of Education (State Superintendent Carmen I. Ayala) and Illinois Department of Public Health, with the Transition Advisory Workgroup, Starting the 2020-21 School Year, Part 3 - Transition Joint Guidance (June 23, 2020) (Ex. AGY-ST-EDUCATION-HIGHER-ED-011)	/library/AGY-ST-EDUCATION-HIGHER-ED-011	/exhibit/AGY-ST-EDUCATION-HIGHER-ED-011
Ex. AL-004	First Supplemental State of Emergency Proclamation (COVID-19)	Governor Kay Ivey	Mar. 18, 2020	Governor Kay Ivey, First Supplemental State of Emergency Proclamation (COVID-19) (Mar. 18, 2020) (Ex. AL-004)	/library/AL-004	/exhibit/AL-004
Ex. AL-052	Proclamation by the Governor: State of Emergency (COVID-19), August 13, 2021	Governor Kay Ivey	Aug. 13, 2021	Governor Kay Ivey, Proclamation by the Governor: State of Emergency (COVID-19), August 13, 2021 (Aug. 13, 2021) (Ex. AL-052)	/library/AL-052	/exhibit/AL-052
Ex. AL-079	Proclamation by the Governor terminating the COVID-19 state of emergency	Governor Kay Ivey	July 6, 2021	Governor Kay Ivey, Proclamation by the Governor terminating the COVID-19 state of emergency (July 6, 2021) (Ex. AL-079)	/library/AL-079	/exhibit/AL-079
Ex. CA-036	State Public Health Officer Order of June 11, 2021 as posted on CDPH's site and printed September 21, 2021	State Public Health Officer Tomas J. Aragon	June 11, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of June 11, 2021 as posted on CDPH's site and printed September 21, 2021 (Ex. CA-036)	/library/CA-036	/exhibit/CA-036
Ex. CA-046	Provider Information Notice PIN 20-06-CCP	California Department of Social Services, Community Care Licensing Division	Apr. 7, 2020	California Department of Social Services, Community Care Licensing Division, Provider Information Notice PIN 20-06-CCP (Apr. 7, 2020) (Ex. CA-046)	/library/CA-046	/exhibit/CA-046
Ex. CO-041	Fourth Amended Public Health Order 20-38 Limited COVID-19 Restrictions, § I.B (existing library exhibit; cross-reference)	Jill Hunsaker Ryan, Executive Director, CDPHE	June 30, 2021	Jill Hunsaker Ryan, Executive Director, CDPHE, Fourth Amended Public Health Order 20-38 Limited COVID-19 Restrictions, § I.B (existing library exhibit; cross-reference) (June 30, 2021) (Ex. CO-041)	/library/CO-041	/exhibit/CO-041
Ex. CT-026	Executive Order No. 9	Governor Ned Lamont; Commissioners of Education and Early Childhood (binding rules)	Sept. 4, 2020	Governor Ned Lamont; Commissioners of Education and Early Childhood (binding rules), Executive Order No. 9 (Sept. 4, 2020) (Ex. CT-026)	/library/CT-026	/exhibit/CT-026
Ex. CT-050	Executive Order No. 13A	Governor Ned Lamont; Commissioner of Public Health (universal-masking rule)	Aug. 5, 2021	Governor Ned Lamont; Commissioner of Public Health (universal-masking rule), Executive Order No. 13A (Aug. 5, 2021) (Ex. CT-050)	/library/CT-050	/exhibit/CT-050
Ex. CT-072	Adapt, Advance, Achieve: Connecticut's Plan to Learn and Grow Together (issued June 29, 2020; updated Sept. 4, 2020)	Connecticut State Department of Education	Sept. 4, 2020	Connecticut State Department of Education, Adapt, Advance, Achieve: Connecticut's Plan to Learn and Grow Together (issued June 29, 2020; updated Sept. 4, 2020) (Ex. CT-072)	/library/CT-072	/exhibit/CT-072
Ex. DE-011	Eighth Modification of the Declaration of a State of Emergency	Governor John C. Carney	Mar. 30, 2020	Governor John C. Carney, Eighth Modification of the Declaration of a State of Emergency (Mar. 30, 2020) (Ex. DE-011)	/library/DE-011	/exhibit/DE-011
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-FL-012	Chapter 2021-1, Laws of Florida (SB 72), § 1, creating Fla. Stat. § 768.38	Florida Legislature (SB 72), approved by Governor Ron DeSantis	standing	Florida Legislature (SB 72), approved by Governor Ron DeSantis, Chapter 2021-1, Laws of Florida (SB 72), § 1, creating Fla. Stat. § 768.38 (standing) (Ex. DUT-FL-012)	/library/DUT-FL-012	/exhibit/DUT-FL-012
Ex. DUT-MI-015	2020 PA 237 (MCL 408.1085), employer immunity for employee exposure to COVID-19 conditioned on compliance with all COVID-19 statutes, rules, regulations…	Michigan Legislature (Enrolled House Bill 6031, 2020 PA 237, approved and filed Oct. 22, 2020)	standing	Michigan Legislature (Enrolled House Bill 6031, 2020 PA 237, approved and filed Oct. 22, 2020), 2020 PA 237 (MCL 408.1085), employer immunity for employee exposure to COVID-19 conditioned on compliance with all COVID-19 statutes, rules, regulations, executive orders and agency orders (standing) (Ex. DUT-MI-015)	/library/DUT-MI-015	/exhibit/DUT-MI-015
Ex. DUT-TX-001	Tex. Health & Safety Code § 81.002	Texas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act)	standing	Texas Legislature (Health and Safety Code, Title 2, Subtitle D, Chapter 81, Communicable Disease Prevention and Control Act), Tex. Health & Safety Code § 81.002 (standing) (Ex. DUT-TX-001)	/library/DUT-TX-001	/exhibit/DUT-TX-001
Ex. DUT-TX-013	Tex. Labor Code § 411.103	Texas Legislature (Labor Code ch. 411, Workers' Health and Safety, Subchapter H, General Requirements Relating to Occupational Health and Safety)	standing	Texas Legislature (Labor Code ch. 411, Workers' Health and Safety, Subchapter H, General Requirements Relating to Occupational Health and Safety), Tex. Labor Code § 411.103 (standing) (Ex. DUT-TX-013)	/library/DUT-TX-013	/exhibit/DUT-TX-013
Ex. DUT-TX-015	Tex. Civ. Prac. & Rem. Code § 148.003	Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6)	standing	Texas Legislature (Civil Practice and Remedies Code ch. 148, Liability During Pandemic Emergency, added by S.B. 6), Tex. Civ. Prac. & Rem. Code § 148.003 (standing) (Ex. DUT-TX-015)	/library/DUT-TX-015	/exhibit/DUT-TX-015
Ex. 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-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. FL-063	Executive Order 21-175	Governor Ron DeSantis	July 30, 2021	Governor Ron DeSantis, Executive Order 21-175 (July 30, 2021) (Ex. FL-063)	/library/FL-063	/exhibit/FL-063
Ex. IA-057	Order Granting Temporary Restraining Order, The Arc of Iowa v. Reynolds, No. 4:21-cv-00264 (S.D. Iowa Sept. 13, 2021), ECF No. 32	United States District Court for the Southern District of Iowa (Pratt, J.)	Sept. 13, 2021	United States District Court for the Southern District of Iowa (Pratt, J.), Order Granting Temporary Restraining Order, The Arc of Iowa v. Reynolds, No. 4:21-cv-00264 (S.D. Iowa Sept. 13, 2021), ECF No. 32 (Ex. IA-057)	/library/IA-057	/exhibit/IA-057
Ex. IL-020	Executive Order 2020-47 (COVID-19 Executive Order No. 44)	Governor JB Pritzker	July 24, 2020	Governor JB Pritzker, Executive Order 2020-47 (COVID-19 Executive Order No. 44) (July 24, 2020) (Ex. IL-020)	/library/IL-020	/exhibit/IL-020
Ex. IL-040	Executive Order 2021-18 (COVID-19 Executive Order No. 85)	Governor JB Pritzker	Aug. 4, 2021	Governor JB Pritzker, Executive Order 2021-18 (COVID-19 Executive Order No. 85) (Aug. 4, 2021) (Ex. IL-040)	/library/IL-040	/exhibit/IL-040
Ex. KY-052	Executive Order 2021-585	Governor Andy Beshear	Aug. 10, 2021	Governor Andy Beshear, Executive Order 2021-585 (Aug. 10, 2021) (Ex. KY-052)	/library/KY-052	/exhibit/KY-052
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-487	U.S. Department of Labor, OSHA, News Release, 'U.S. Department of Labor Cites Smithfield Packaged Meats Corp. For Failing to Protect Employees from Coronavirus'…	OSHA, U.S. Department of Labor	Sept. 10, 2020	OSHA, U.S. Department of Labor, U.S. Department of Labor, OSHA, News Release, 'U.S. Department of Labor Cites Smithfield Packaged Meats Corp. For Failing to Protect Employees from Coronavirus' (Region 8, Sept. 10, 2020) (Ex. LAW-487)	/library/LAW-487	/exhibit/LAW-487
Ex. MA-006	COVID-19 Order No. 10	Governor Charles D. Baker	Mar. 18, 2020	Governor Charles D. Baker, COVID-19 Order No. 10 (Mar. 18, 2020) (Ex. MA-006)	/library/MA-006	/exhibit/MA-006
Ex. MD-034	Order of the Governor No. 20-03-25-01, Amending and Restating the Order of March 13, 2020, Controlling Child Care Access	Governor Lawrence J. Hogan, Jr.	Mar. 25, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 20-03-25-01, Amending and Restating the Order of March 13, 2020, Controlling Child Care Access (Mar. 25, 2020) (Ex. MD-034)	/library/MD-034	/exhibit/MD-034
Ex. MET-DEN-024	Public Health Order requiring face coverings in child care facilities and preschool through grade 12 schools	Executive Director, DDPHE	Aug. 17, 2021	Executive Director, DDPHE, Public Health Order requiring face coverings in child care facilities and preschool through grade 12 schools (Aug. 17, 2021) (Ex. MET-DEN-024)	/library/MET-DEN-024	/exhibit/MET-DEN-024
Ex. MET-DFW-030	Order of County Judge Clay Jenkins on Required Use of a Face Mask in Certain Public Space	Dallas County Judge Clay Jenkins	Aug. 12, 2021	Dallas County Judge Clay Jenkins, Order of County Judge Clay Jenkins on Required Use of a Face Mask in Certain Public Space (Aug. 12, 2021) (Ex. MET-DFW-030)	/library/MET-DFW-030	/exhibit/MET-DFW-030
Ex. MET-HOU-038	Order of the Local Health Authority for Harris County Regarding Public Schools	Harris County Local Health Authority, Janeana White, M.D.	Aug. 12, 2021	Harris County Local Health Authority, Janeana White, M.D, Order of the Local Health Authority for Harris County Regarding Public Schools (Aug. 12, 2021) (Ex. MET-HOU-038)	/library/MET-HOU-038	/exhibit/MET-HOU-038
Ex. MET-NYC-040	Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination for Department of Education Employees, Contractors, and Others	Commissioner of Health and Mental Hygiene Dave A. Chokshi, M.D.	Aug. 24, 2021	Commissioner of Health and Mental Hygiene Dave A. Chokshi, M.D, Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination for Department of Education Employees, Contractors, and Others (Aug. 24, 2021) (Ex. MET-NYC-040)	/library/MET-NYC-040	/exhibit/MET-NYC-040
Ex. MET-PHX-006	Arizona School Boards Association, Inc. v. State of Arizona, No. CV2021-012741, Ruling re: Declaratory Judgment	Superior Court of Arizona in Maricopa County, Hon. Katherine Cooper	Sept. 27, 2021	Superior Court of Arizona in Maricopa County, Hon. Katherine Cooper, Arizona School Boards Association, Inc. v. State of Arizona, No. CV2021-012741, Ruling re: Declaratory Judgment (Sept. 27, 2021) (Ex. MET-PHX-006)	/library/MET-PHX-006	/exhibit/MET-PHX-006
Ex. MET-SAN-041	Resolution R-313678 (final passage Aug. 13, 2021) declaring a continued local emergency	Council of the City of San Diego	Aug. 13, 2021	Council of the City of San Diego, Resolution R-313678 (final passage Aug. 13, 2021) declaring a continued local emergency (Ex. MET-SAN-041)	/library/MET-SAN-041	/exhibit/MET-SAN-041
Ex. MET-STL-020	Mayoral Proclamation of Public Health Emergency (COVID-19), July 23, 2021	Mayor Tishaura O. Jones	July 23, 2021	Mayor Tishaura O. Jones, Mayoral Proclamation of Public Health Emergency (COVID-19), July 23, 2021 (Ex. MET-STL-020)	/library/MET-STL-020	/exhibit/MET-STL-020
Ex. NJ-055	Executive Order No. 251 (2021)	Governor Philip D. Murphy	Aug. 6, 2021	Governor Philip D. Murphy, Executive Order No. 251 (2021) (Aug. 6, 2021) (Ex. NJ-055)	/library/NJ-055	/exhibit/NJ-055
Ex. NJ-057	Executive Order No. 253 (2021)	Governor Philip D. Murphy	Aug. 23, 2021	Governor Philip D. Murphy, Executive Order No. 253 (2021) (Aug. 23, 2021) (Ex. NJ-057)	/library/NJ-057	/exhibit/NJ-057
Ex. NY-035	Executive Order No. 202.60	Governor Andrew M. Cuomo	Sept. 4, 2020	Governor Andrew M. Cuomo, Executive Order No. 202.60 (Sept. 4, 2020) (Ex. NY-035)	/library/NY-035	/exhibit/NY-035
Ex. NY-073	Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.60	Commissioner of Health Howard A. Zucker, M.D., J.D.	Aug. 27, 2021	Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.60 (Aug. 27, 2021) (Ex. NY-073)	/library/NY-073	/exhibit/NY-073
Ex. NY-122	Interim Guidance for In-Person Instruction at Pre-K to Grade 12 Schools	New York State Department of Health (New York Forward)	July 13, 2020	New York State Department of Health (New York Forward), Interim Guidance for In-Person Instruction at Pre-K to Grade 12 Schools (July 13, 2020) (Ex. NY-122)	/library/NY-122	/exhibit/NY-122
Ex. OR-013	Executive Order 20-19	Governor Kate Brown	Apr. 23, 2020	Governor Kate Brown, Executive Order 20-19 (Apr. 23, 2020) (Ex. OR-013)	/library/OR-013	/exhibit/OR-013
Ex. OR-045	OAR 333-019-1015 (temporary rule PH 33-2021; amended PH 36-2021, PH 44-2021, PH 84-2021; permanent PH 10-2022)	Oregon Health Authority, Public Health Division	Aug. 2, 2021	Oregon Health Authority, Public Health Division, OAR 333-019-1015 (temporary rule PH 33-2021; amended PH 36-2021, PH 44-2021, PH 84-2021; permanent PH 10-2022) (Aug. 2, 2021) (Ex. OR-045)	/library/OR-045	/exhibit/OR-045
Ex. PA-010	Order of the Governor for Limited Opening of Businesses, Lifting of Stay at Home Requirements, and Continued Aggressive Mitigation Efforts (Yellow Phase Order)…	Governor Tom Wolf (with companion Order of the Secretary of Health)	May 7, 2020	Governor Tom Wolf (with companion Order of the Secretary of Health), Order of the Governor for Limited Opening of Businesses, Lifting of Stay at Home Requirements, and Continued Aggressive Mitigation Efforts (Yellow Phase Order) (May 7, 2020), sec. 1 (Ex. PA-010)	/library/PA-010	/exhibit/PA-010
Ex. PA-042	Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities	Acting Secretary of Health Alison V. Beam	Aug. 31, 2021	Acting Secretary of Health Alison V. Beam, Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities (Aug. 31, 2021) (Ex. PA-042)	/library/PA-042	/exhibit/PA-042
Ex. RI-060	Executive Order 21-94	Governor Daniel J. McKee	Sept. 2, 2021	Governor Daniel J. McKee, Executive Order 21-94 (Sept. 2, 2021) (Ex. RI-060)	/library/RI-060	/exhibit/RI-060
Ex. SC-041	Wilson ex rel. State v. City of Columbia, Op. No. 28056, 863 S.E.2d 456 (S.C. 2021)	Supreme Court of South Carolina (original jurisdiction)	Sept. 2, 2021	Supreme Court of South Carolina (original jurisdiction), Wilson ex rel. State v. City of Columbia, Op. No. 28056, 863 S.E.2d 456 (S.C. 2021) (Sept. 2, 2021) (Ex. SC-041)	/library/SC-041	/exhibit/SC-041
Ex. SEC-15-001	School responses to the coronavirus (COVID-19) pandemic during the 2019-2020 academic year (State-by-State closure chronology)	Ballotpedia (Lucy Burns Institute)	June 30, 2020	Ballotpedia (Lucy Burns Institute), School responses to the coronavirus (COVID-19) pandemic during the 2019-2020 academic year (State-by-State closure chronology) (June 30, 2020) (Ex. SEC-15-001)	/library/SEC-15-001	/exhibit/SEC-15-001
Ex. SEC-15-002	School responses to the coronavirus (COVID-19) pandemic during the 2020-2021 academic year (State reopening regimes, mid-year closures, return orders, monthly…	Ballotpedia	June 30, 2021	Ballotpedia, School responses to the coronavirus (COVID-19) pandemic during the 2020-2021 academic year (State reopening regimes, mid-year closures, return orders, monthly status) (June 30, 2021) (Ex. SEC-15-002)	/library/SEC-15-002	/exhibit/SEC-15-002
Ex. SEC-15-003	School responses to the coronavirus (COVID-19) pandemic during the 2021-2022 academic year (school mask requirements and bans, staff and student vaccine…	Ballotpedia	Aug. 1, 2022	Ballotpedia, School responses to the coronavirus (COVID-19) pandemic during the 2021-2022 academic year (school mask requirements and bans, staff and student vaccine requirements, litigation) (Aug. 1, 2022) (Ex. SEC-15-003)	/library/SEC-15-003	/exhibit/SEC-15-003
Ex. SEC-15-004	SEVP Broadcast Message 2003-01: COVID-19 and Potential Procedural Adaptations for F and M nonimmigrant students	U.S. Immigration and Customs Enforcement, Student and Exchange Visitor Program (SEVP)	Mar. 13, 2020	U.S. Immigration and Customs Enforcement, Student and Exchange Visitor Program (SEVP), SEVP Broadcast Message 2003-01: COVID-19 and Potential Procedural Adaptations for F and M nonimmigrant students (Mar. 13, 2020) (Ex. SEC-15-004)	/library/SEC-15-004	/exhibit/SEC-15-004
Ex. SEC-15-005	SEVP Broadcast Message 2007-01: COVID-19 and Fall 2020	ICE SEVP	July 6, 2020	ICE SEVP, SEVP Broadcast Message 2007-01: COVID-19 and Fall 2020 (July 6, 2020) (Ex. SEC-15-005)	/library/SEC-15-005	/exhibit/SEC-15-005
Ex. SEC-15-009	CES series CES6562440001, All employees, thousands, child day care services (NAICS 6244), seasonally adjusted, 2019-2022	U.S. Bureau of Labor Statistics, Current Employment Statistics	Jan. 1, 2022	U.S. Bureau of Labor Statistics, Current Employment Statistics, CES series CES6562440001, All employees, thousands, child day care services (NAICS 6244), seasonally adjusted, 2019-2022 (Jan. 1, 2022) (Ex. SEC-15-009)	/library/SEC-15-009	/exhibit/SEC-15-009
Ex. SEC-15-011	Executive Order No. 104 (2020)	Governor Philip D. Murphy	Mar. 16, 2020	Governor Philip D. Murphy, Executive Order No. 104 (2020) (Mar. 16, 2020) (Ex. SEC-15-011)	/library/SEC-15-011	/exhibit/SEC-15-011
Ex. SEC-15-012	Executive Order No. 110 (2020)	Governor Philip D. Murphy	Mar. 25, 2020	Governor Philip D. Murphy, Executive Order No. 110 (2020) (Mar. 25, 2020) (Ex. SEC-15-012)	/library/SEC-15-012	/exhibit/SEC-15-012
Ex. SEC-15-013	Executive Order No. 149 (2020)	Governor Philip D. Murphy	May 30, 2020	Governor Philip D. Murphy, Executive Order No. 149 (2020) (May 30, 2020) (Ex. SEC-15-013)	/library/SEC-15-013	/exhibit/SEC-15-013
Ex. SEC-15-014	Executive Order No. 175 (2020)	Governor Philip D. Murphy	Aug. 13, 2020	Governor Philip D. Murphy, Executive Order No. 175 (2020) (Aug. 13, 2020) (Ex. SEC-15-014)	/library/SEC-15-014	/exhibit/SEC-15-014
Ex. SEC-15-015	Executive Order No. 251 (2021)	Governor Philip D. Murphy	Aug. 6, 2021	Governor Philip D. Murphy, Executive Order No. 251 (2021) (Aug. 6, 2021) (Ex. SEC-15-015)	/library/SEC-15-015	/exhibit/SEC-15-015
Ex. SEC-15-016	Executive Order No. 253 (2021)	Governor Philip D. Murphy	Aug. 23, 2021	Governor Philip D. Murphy, Executive Order No. 253 (2021) (Aug. 23, 2021) (Ex. SEC-15-016)	/library/SEC-15-016	/exhibit/SEC-15-016
Ex. SEC-15-017	Executive Order No. 264 (2021)	Governor Philip D. Murphy	Sept. 20, 2021	Governor Philip D. Murphy, Executive Order No. 264 (2021) (Sept. 20, 2021) (Ex. SEC-15-017)	/library/SEC-15-017	/exhibit/SEC-15-017
Ex. SEC-15-018	Executive Order No. 155 (2020)	Governor Philip D. Murphy	June 18, 2020	Governor Philip D. Murphy, Executive Order No. 155 (2020) (June 18, 2020) (Ex. SEC-15-018)	/library/SEC-15-018	/exhibit/SEC-15-018
Ex. SEC-15-019	Executive Order 2020-41	Governor Douglas A. Ducey	June 24, 2020	Governor Douglas A. Ducey, Executive Order 2020-41 (June 24, 2020) (Ex. SEC-15-019)	/library/SEC-15-019	/exhibit/SEC-15-019
Ex. SEC-15-020	Emergency Executive Order 20-02	Governor Tim Walz	Mar. 15, 2020	Governor Tim Walz, Emergency Executive Order 20-02 (Mar. 15, 2020) (Ex. SEC-15-020)	/library/SEC-15-020	/exhibit/SEC-15-020
Ex. SEC-15-021	Emergency Executive Order 20-82 (Safe Learning Plan for the 2020-21 school year)	Governor Tim Walz	July 30, 2020	Governor Tim Walz, Emergency Executive Order 20-82 (Safe Learning Plan for the 2020-21 school year) (July 30, 2020) (Ex. SEC-15-021)	/library/SEC-15-021
Ex. SEC-15-022	Emergency Executive Order 20-99 (Four Week Dial Back), as extended by EO 20-103 (Dec. 16, 2020)	Governor Tim Walz	Nov. 18, 2020	Governor Tim Walz, Emergency Executive Order 20-99 (Four Week Dial Back), as extended by EO 20-103 (Dec. 16, 2020) (Nov. 18, 2020) (Ex. SEC-15-022)	/library/SEC-15-022
Ex. SEC-15-023	State Public Health Officer Order of August 11, 2021 (Vaccine Verification for Workers in Schools)	State Public Health Officer (Tomas J. Aragon, M.D.), California Department of Public Health	Aug. 11, 2021	State Public Health Officer (Tomas J. Aragon, M.D.), California Department of Public Health, State Public Health Officer Order of August 11, 2021 (Vaccine Verification for Workers in Schools) (Aug. 11, 2021) (Ex. SEC-15-023)	/library/SEC-15-023	/exhibit/SEC-15-023
Ex. SEC-15-024	COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year (originally published July 12, 2021)	California Department of Public Health	July 12, 2021	California Department of Public Health, COVID-19 Public Health Guidance for K-12 Schools in California, 2021-22 School Year (originally published July 12, 2021) (Ex. SEC-15-024)	/library/SEC-15-024	/exhibit/SEC-15-024
Ex. SEC-15-025	Executive Order 2020-05 (COVID-19 Executive Order No. 3)	Governor JB Pritzker	Mar. 13, 2020	Governor JB Pritzker, Executive Order 2020-05 (COVID-19 Executive Order No. 3) (Mar. 13, 2020) (Ex. SEC-15-025)	/library/SEC-15-025	/exhibit/SEC-15-025
Ex. SEC-15-026	Executive Order 2021-18 (masks in all public and nonpublic P-12 schools), followed by EO 2021-20 (Aug. 26, 2021; statewide indoor masks; school and…	Governor JB Pritzker	Aug. 4, 2021	Governor JB Pritzker, Executive Order 2021-18 (masks in all public and nonpublic P-12 schools), followed by EO 2021-20 (Aug. 26, 2021; statewide indoor masks; school and higher-education vaccination-or-testing) (Aug. 4, 2021) (Ex. SEC-15-026)	/library/SEC-15-026
Ex. SEC-15-027	Executive Order 2021-22 (COVID-19 Executive Order No. 87)	Governor JB Pritzker	Sept. 3, 2021	Governor JB Pritzker, Executive Order 2021-22 (COVID-19 Executive Order No. 87) (Sept. 3, 2021) (Ex. SEC-15-027)	/library/SEC-15-027	/exhibit/SEC-15-027
Ex. SEC-15-028	Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities	Acting Secretary of Health Alison Beam, Pennsylvania Department of Health	Aug. 31, 2021	Acting Secretary of Health Alison Beam, Pennsylvania Department of Health, Order of the Acting Secretary of the Pennsylvania Department of Health Directing Face Coverings in School Entities (Aug. 31, 2021) (Ex. SEC-15-028)	/library/SEC-15-028	/exhibit/SEC-15-028
Ex. SEC-15-029	Executive Order GA-36	Governor Greg Abbott	May 18, 2021	Governor Greg Abbott, Executive Order GA-36 (May 18, 2021) (Ex. SEC-15-029)	/library/SEC-15-029	/exhibit/SEC-15-029
Ex. SEC-15-030	House File 847 (2021), Division on facial covering policies (counties, cities and schools), new Iowa Code section 280.31	Iowa General Assembly (89th G.A.); Governor Kim Reynolds (signed)	May 20, 2021	Iowa General Assembly (89th G.A.); Governor Kim Reynolds (signed), House File 847 (2021), Division on facial covering policies (counties, cities and schools), new Iowa Code section 280.31 (May 20, 2021) (Ex. SEC-15-030)	/library/SEC-15-030	/exhibit/SEC-15-030
Ex. SEC-15-031	H.B. 1007, Face Covering Requirements (2021 First Special Session)	Utah Legislature, 2021 First Special Session; Governor Spencer Cox (signed)	May 19, 2021	Utah Legislature, 2021 First Special Session; Governor Spencer Cox (signed), H.B. 1007, Face Covering Requirements (2021 First Special Session) (May 19, 2021) (Ex. SEC-15-031)	/library/SEC-15-031	/exhibit/SEC-15-031
Ex. SEC-15-032	Executive Order No. 7C	Governor Ned Lamont	Mar. 15, 2020	Governor Ned Lamont, Executive Order No. 7C (Mar. 15, 2020) (Ex. SEC-15-032)	/library/SEC-15-032	/exhibit/SEC-15-032
Ex. SEC-15-033	Executive Order No. 13A	Governor Ned Lamont	Aug. 5, 2021	Governor Ned Lamont, Executive Order No. 13A (Aug. 5, 2021) (Ex. SEC-15-033)	/library/SEC-15-033	/exhibit/SEC-15-033
Ex. SEC-15-034	Executive Order No. 13D	Governor Ned Lamont	Aug. 19, 2021	Governor Ned Lamont, Executive Order No. 13D (Aug. 19, 2021) (Ex. SEC-15-034)	/library/SEC-15-034	/exhibit/SEC-15-034
Ex. SEC-15-035	Executive Order 21-87	Governor Daniel J. McKee	Aug. 19, 2021	Governor Daniel J. McKee, Executive Order 21-87 (Aug. 19, 2021) (Ex. SEC-15-035)	/library/SEC-15-035	/exhibit/SEC-15-035
Ex. SEC-15-037	Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination for Department of Education Employees, Contractors, and Others	Commissioner of Health and Mental Hygiene (Dave A. Chokshi, M.D.)	Aug. 24, 2021	Commissioner of Health and Mental Hygiene (Dave A. Chokshi, M.D.), Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination for Department of Education Employees, Contractors, and Others (Aug. 24, 2021) (Ex. SEC-15-037)	/library/SEC-15-037	/exhibit/SEC-15-037
Ex. SEC-15-038	Proclamation Number 131 JBE 2021	Governor John Bel Edwards	July 21, 2021	Governor John Bel Edwards, Proclamation Number 131 JBE 2021 (July 21, 2021) (Ex. SEC-15-038)	/library/SEC-15-038	/exhibit/SEC-15-038
Ex. SEC-15-039	Executive Order 03.16.20.01	Governor Brian P. Kemp	Mar. 16, 2020	Governor Brian P. Kemp, Executive Order 03.16.20.01 (Mar. 16, 2020) (Ex. SEC-15-039)	/library/SEC-15-039	/exhibit/SEC-15-039
Ex. SEC-15-040	Executive Order 21-175	Governor Ron DeSantis	July 30, 2021	Governor Ron DeSantis, Executive Order 21-175 (July 30, 2021) (Ex. SEC-15-040)	/library/SEC-15-040
Ex. SEC-15-041	Proclamation 20-09 (Statewide K-12 School Closures), as amended by 20-09.1 (Apr. 6, 2020; remainder of the school year)	Governor Jay Inslee	Mar. 13, 2020	Governor Jay Inslee, Proclamation 20-09 (Statewide K-12 School Closures), as amended by 20-09.1 (Apr. 6, 2020; remainder of the school year) (Mar. 13, 2020) (Ex. SEC-15-041)	/library/SEC-15-041
Ex. SEC-15-042	Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021)	Governor Jay Inslee	Mar. 20, 2020	Governor Jay Inslee, Proclamation 20-12 (Higher Education) and its amendments 20-12.1 through 20-12.5 (including 20-12.4 of July 12, 2021) (Mar. 20, 2020) (Ex. SEC-15-042)	/library/SEC-15-042
Ex. SEC-15-043	Proclamation 21-14.1 (COVID-19 Vaccination Requirement, amending 21-14)	Governor Jay Inslee	Aug. 20, 2021	Governor Jay Inslee, Proclamation 21-14.1 (COVID-19 Vaccination Requirement, amending 21-14) (Aug. 20, 2021) (Ex. SEC-15-043)	/library/SEC-15-043	/exhibit/SEC-15-043
Ex. SEC-15-044	Emergency Rule 64DER21-12, Protocols for Controlling COVID-19 in School Settings	Florida Department of Health (State Surgeon General)	Aug. 6, 2021	Florida Department of Health (State Surgeon General), Emergency Rule 64DER21-12, Protocols for Controlling COVID-19 in School Settings (Aug. 6, 2021) (Ex. SEC-15-044)	/library/SEC-15-044	/exhibit/SEC-15-044
Ex. SEC-15-045	Act 1002 of 2021 (SB 590)	Arkansas General Assembly (93rd G.A.); Governor Asa Hutchinson (signed)	Apr. 28, 2021	Arkansas General Assembly (93rd G.A.); Governor Asa Hutchinson (signed), Act 1002 of 2021 (SB 590) (Apr. 28, 2021) (Ex. SEC-15-045)	/library/SEC-15-045	/exhibit/SEC-15-045
Ex. SEC-15-046	Senate Bill 658 (2021), enrolled	Oklahoma Legislature (58th Leg.); Governor Kevin Stitt (signed)	May 28, 2021	Oklahoma Legislature (58th Leg.); Governor Kevin Stitt (signed), Senate Bill 658 (2021), enrolled (May 28, 2021) (Ex. SEC-15-046)	/library/SEC-15-046	/exhibit/SEC-15-046
Ex. SEC-15-047	Executive Order GA-38	Governor Greg Abbott	July 29, 2021	Governor Greg Abbott, Executive Order GA-38 (July 29, 2021) (Ex. SEC-15-047)	/library/SEC-15-047	/exhibit/SEC-15-047
Ex. SEC-15-048	Executive Order 2020-05	Governor Gretchen Whitmer	Mar. 13, 2020	Governor Gretchen Whitmer, Executive Order 2020-05 (Mar. 13, 2020) (Ex. SEC-15-048)	/library/SEC-15-048	/exhibit/SEC-15-048
Ex. SEC-15-049	Executive Order 2020-16	Governor Gretchen Whitmer	Mar. 18, 2020	Governor Gretchen Whitmer, Executive Order 2020-16 (Mar. 18, 2020) (Ex. SEC-15-049)	/library/SEC-15-049	/exhibit/SEC-15-049
Ex. SEC-15-050	Executive Order No. 84	Governor Bill Lee	Aug. 16, 2021	Governor Bill Lee, Executive Order No. 84 (Aug. 16, 2021) (Ex. SEC-15-050)	/library/SEC-15-050	/exhibit/SEC-15-050
Ex. SEC-15-051	Executive Order 2020-35	Governor Gretchen Whitmer	Apr. 2, 2020	Governor Gretchen Whitmer, Executive Order 2020-35 (Apr. 2, 2020) (Ex. SEC-15-051)	/library/SEC-15-051	/exhibit/SEC-15-051
Ex. SEC-15-052	Executive Order 2020-142 (MI Safe Schools: Michigan's 2020-21 Return to School Roadmap)	Governor Gretchen Whitmer	June 30, 2020	Governor Gretchen Whitmer, Executive Order 2020-142 (MI Safe Schools: Michigan's 2020-21 Return to School Roadmap) (June 30, 2020) (Ex. SEC-15-052)	/library/SEC-15-052	/exhibit/SEC-15-052
Ex. SEC-15-053	COVID-19 Industry Guidance: Schools and School-Based Programs (July 17, 2020)	California Department of Public Health (with Cal/OSHA), under the Governor's July 17, 2020 framework	July 17, 2020	California Department of Public Health (with Cal/OSHA), under the Governor's July 17, 2020 framework, COVID-19 Industry Guidance: Schools and School-Based Programs (July 17, 2020) (Ex. SEC-15-053)	/library/SEC-15-053	/exhibit/SEC-15-053
Ex. SEC-15-055	Executive Order 202.4 (Mar. 16, 2020; all schools closed from Mar. 18 for two weeks), extended by EO 202.11 (Mar. 27), 202.18 (Apr. 16) and the May 1, 2020…	Governor Andrew M. Cuomo	Mar. 16, 2020	Governor Andrew M. Cuomo, Executive Order 202.4 (Mar. 16, 2020; all schools closed from Mar. 18 for two weeks), extended by EO 202.11 (Mar. 27), 202.18 (Apr. 16) and the May 1, 2020 direction closing schools for the remainder of the year (Ex. SEC-15-055)	/library/SEC-15-055
Ex. SEC-15-056	Executive Order 53	Governor Ralph S. Northam	Mar. 23, 2020	Governor Ralph S. Northam, Executive Order 53 (Mar. 23, 2020) (Ex. SEC-15-056)	/library/SEC-15-056	/exhibit/SEC-15-056
Ex. SEC-15-057	Executive Order No. 20-07	Governor Laura Kelly	Mar. 17, 2020	Governor Laura Kelly, Executive Order No. 20-07 (Mar. 17, 2020) (Ex. SEC-15-057)	/library/SEC-15-057	/exhibit/SEC-15-057
Ex. SEC-15-058	Executive Order No. 1517	Governor Tate Reeves	Aug. 4, 2020	Governor Tate Reeves, Executive Order No. 1517 (Aug. 4, 2020) (Ex. SEC-15-058)	/library/SEC-15-058	/exhibit/SEC-15-058
Ex. SEC-15-060	Executive Order No. 20-09	Governor Kate Brown	Mar. 17, 2020	Governor Kate Brown, Executive Order No. 20-09 (Mar. 17, 2020) (Ex. SEC-15-060)	/library/SEC-15-060	/exhibit/SEC-15-060
Ex. SEC-15-061	Emergency Order #1 pursuant to Executive Order 2020-04 (temporary remote instruction and support for public K-12 schools)	Governor Christopher T. Sununu	Mar. 15, 2020	Governor Christopher T. Sununu, Emergency Order #1 pursuant to Executive Order 2020-04 (temporary remote instruction and support for public K-12 schools) (Mar. 15, 2020) (Ex. SEC-15-061)	/library/SEC-15-061
Ex. SEC-15-062	Addendum 1 to Executive Order 01-20	Governor Philip B. Scott	Mar. 16, 2020	Governor Philip B. Scott, Addendum 1 to Executive Order 01-20 (Mar. 16, 2020) (Ex. SEC-15-062)	/library/SEC-15-062	/exhibit/SEC-15-062
Ex. SEC-15-067	Emergency Secretary's Order amending 16 Del. Admin. Code 4202 (Control of Communicable and Other Disease Conditions), adding section 7.7 (COVID-19 Mitigation…	Secretary, Delaware Department of Health and Social Services (Molly Magarik), with the Division of Public Health	Aug. 13, 2021	Secretary, Delaware Department of Health and Social Services (Molly Magarik), with the Division of Public Health, Emergency Secretary's Order amending 16 Del. Admin. Code 4202 (Control of Communicable and Other Disease Conditions), adding section 7.7 (COVID-19 Mitigation and Prevention; 7.7.1 Schools) and section 12 (severability) (Aug. 13, 2021) (Ex. SEC-15-067)	/library/SEC-15-067	/exhibit/SEC-15-067
Ex. SEC-15-068	Emergency Orders adding mask requirements to 14 Del. Admin. Code 933 (Early Care and Education and School-Age Centers), 934 (Family and Large Family Child Care…	Delaware Department of Education, Office of Child Care Licensing	Aug. 13, 2021	Delaware Department of Education, Office of Child Care Licensing, Emergency Orders adding mask requirements to 14 Del. Admin. Code 933 (Early Care and Education and School-Age Centers), 934 (Family and Large Family Child Care Homes), 938 (Youth Camps, new section 5.3), 815 and 105 (published 25 Del. Reg. 227-244, Sept. 1, 2021) (Aug. 13, 2021) (Ex. SEC-15-068)	/library/SEC-15-068
Ex. SEC-15-069	Director's Order Requiring the Use of Facial Coverings in Child Education Settings	Interim Director of Health Lance D. Himes, Ohio Department of Health	Aug. 13, 2020	Interim Director of Health Lance D. Himes, Ohio Department of Health, Director's Order Requiring the Use of Facial Coverings in Child Education Settings (Aug. 13, 2020) (Ex. SEC-15-069)	/library/SEC-15-069	/exhibit/SEC-15-069
Ex. SEC-15-070	Executive Order GA-08	Governor Greg Abbott	Mar. 19, 2020	Governor Greg Abbott, Executive Order GA-08 (Mar. 19, 2020) (Ex. SEC-15-070)	/library/SEC-15-070	/exhibit/SEC-15-070
Ex. SEC-15-071	Director's Order that Reopens Facilities Providing Child Care Services, with Exceptions (rescinding the Director's Order of March 24, 2020 that closed…	Director of Health Amy Acton, M.D., M.P.H., Ohio Department of Health	May 31, 2020	Director of Health Amy Acton, M.D., M.P.H., Ohio Department of Health, Director's Order that Reopens Facilities Providing Child Care Services, with Exceptions (rescinding the Director's Order of March 24, 2020 that closed facilities providing child care services) (May 31, 2020) (Ex. SEC-15-071)	/library/SEC-15-071	/exhibit/SEC-15-071
Ex. SEC-15-074	Proclamation Number 137 JBE 2021	Governor John Bel Edwards	Aug. 2, 2021	Governor John Bel Edwards, Proclamation Number 137 JBE 2021 (Aug. 2, 2021) (Ex. SEC-15-074)	/library/SEC-15-074	/exhibit/SEC-15-074
Ex. SEC-15-075	Proclamation Number 167 JBE 2021	Governor John Bel Edwards	Sept. 1, 2021	Governor John Bel Edwards, Proclamation Number 167 JBE 2021 (Sept. 1, 2021) (Ex. SEC-15-075)	/library/SEC-15-075	/exhibit/SEC-15-075
Ex. SEC-15-076	Executive Order D 2020 007	Governor Jared Polis	Mar. 18, 2020	Governor Jared Polis, Executive Order D 2020 007 (Mar. 18, 2020) (Ex. SEC-15-076)	/library/SEC-15-076	/exhibit/SEC-15-076
Ex. SEC-15-077	Second Amended Order the Closure of All K-12 Schools in the State of Ohio (following the Director's Orders of March 14 and March 30, 2020)	Director of Health Amy Acton, M.D., M.P.H., Ohio Department of Health	Apr. 29, 2020	Director of Health Amy Acton, M.D., M.P.H., Ohio Department of Health, Second Amended Order the Closure of All K-12 Schools in the State of Ohio (following the Director's Orders of March 14 and March 30, 2020) (Apr. 29, 2020) (Ex. SEC-15-077)	/library/SEC-15-077	/exhibit/SEC-15-077
Ex. SEC-15-078	MDHHS Emergency Order: Gatherings and Face Mask Order of November 15, 2020 (in-person instruction at high schools and colleges suspended Nov. 18-Dec. 8, 2020…	Director Robert Gordon, Michigan Department of Health and Human Services	Nov. 15, 2020	Director Robert Gordon, Michigan Department of Health and Human Services, MDHHS Emergency Order: Gatherings and Face Mask Order of November 15, 2020 (in-person instruction at high schools and colleges suspended Nov. 18-Dec. 8, 2020; extended Dec. 7 to Dec. 20, 2020) (Nov. 15, 2020) (Ex. SEC-15-078)	/library/SEC-15-078
Ex. SEC-15-079	Executive Order 2020-969 (all public and private K-12 schools to cease in-person instruction Nov. 23, 2020; elementary schools may reopen Dec. 7 in non-red…	Governor Andy Beshear	Nov. 18, 2020	Governor Andy Beshear, Executive Order 2020-969 (all public and private K-12 schools to cease in-person instruction Nov. 23, 2020; elementary schools may reopen Dec. 7 in non-red counties; middle and high schools remote through Jan. 4, 2021) (Nov. 18, 2020) (Ex. SEC-15-079)	/library/SEC-15-079
Ex. SEC-15-080	Executive Order 2021-585	Governor Andy Beshear	Aug. 10, 2021	Governor Andy Beshear, Executive Order 2021-585 (Aug. 10, 2021) (Ex. SEC-15-080)	/library/SEC-15-080	/exhibit/SEC-15-080
Ex. SEC-15-081	DESE mask requirement for all public K-12 students, staff and visitors for 2021-22 (issued Aug. 25, 2021; extended Sept. 27, Oct. 26, 2021 and Jan. 10, 2022)	Commissioner of Elementary and Secondary Education Jeffrey C. Riley, under authority voted by the Board of Elementary and Secondary Education Aug. 24, 2021	Aug. 25, 2021	Commissioner of Elementary and Secondary Education Jeffrey C. Riley, under authority voted by the Board of Elementary and Secondary Education Aug. 24, 2021, DESE mask requirement for all public K-12 students, staff and visitors for 2021-22 (issued Aug. 25, 2021; extended Sept. 27, Oct. 26, 2021 and Jan. 10, 2022) (Ex. SEC-15-081)	/library/SEC-15-081	/exhibit/SEC-15-081
Ex. SEC-15-082	Emergency regulation COMAR 13A.01.07 (universal masking in all public schools), adopted Aug. 26, 2021; approved by the AELR Committee Sept. 14, 2021	Maryland State Board of Education	Aug. 26, 2021	Maryland State Board of Education, Emergency regulation COMAR 13A.01.07 (universal masking in all public schools), adopted Aug. 26, 2021; approved by the AELR Committee Sept. 14, 2021 (Ex. SEC-15-082)	/library/SEC-15-082	/exhibit/SEC-15-082
Ex. SEC-15-083	Emergency Directive 048 (Aug. 4, 2021; face coverings for staff and students in public, private and charter schools in counties over 100,000 population) as…	Governor Steve Sisolak	Aug. 4, 2021	Governor Steve Sisolak, Emergency Directive 048 (Aug. 4, 2021; face coverings for staff and students in public, private and charter schools in counties over 100,000 population) as amended the same day (Ex. SEC-15-083)	/library/SEC-15-083
Ex. SEC-15-085	Proclamation 20-9.4 (July 30, 2021): K-12 schools prohibited from operating outside the Department of Health's K-12 requirements (universal indoor masking…	Governor Jay Inslee	July 30, 2021	Governor Jay Inslee, Proclamation 20-9.4 (July 30, 2021): K-12 schools prohibited from operating outside the Department of Health's K-12 requirements (universal indoor masking, distancing, ventilation, testing and reporting) for 2021-22 (Ex. SEC-15-085)	/library/SEC-15-085
Ex. SEC-15-086	OAR 333-019-1015 (Aug. 2, 2021; masking requirements for K-12 schools, public and private) and OAR 333-019-1030 (Aug. 25, 2021; COVID-19 vaccination requirement…	Oregon Health Authority, Public Health Division	Aug. 2, 2021	Oregon Health Authority, Public Health Division, OAR 333-019-1015 (Aug. 2, 2021; masking requirements for K-12 schools, public and private) and OAR 333-019-1030 (Aug. 25, 2021; COVID-19 vaccination requirement for teachers and school staff by Oct. 18, 2021) (Ex. SEC-15-086)	/library/SEC-15-086
Ex. SEC-15-087	Emergency regulations: 10 NYCRR 2.60 (Aug. 27, 2021; universal masking in all public and private P-12 schools) and 10 NYCRR 2.62 (Sept. 2, 2021; weekly testing…	New York State Department of Health (Commissioner Howard Zucker, M.D., on direction of Governor Kathy Hochul)	Aug. 27, 2021	New York State Department of Health (Commissioner Howard Zucker, M.D., on direction of Governor Kathy Hochul), Emergency regulations: 10 NYCRR 2.60 (Aug. 27, 2021; universal masking in all public and private P-12 schools) and 10 NYCRR 2.62 (Sept. 2, 2021; weekly testing of unvaccinated school personnel) (Ex. SEC-15-087)	/library/SEC-15-087
Ex. SEC-15-088	A.R.S. 15-342.05 (prohibiting school districts and charter schools from requiring face coverings), effective Sept. 29, 2021; held unconstitutional Sept. 27…	Arizona Legislature (HB 2898, budget reconciliation, signed June 30, 2021); Maricopa County Superior Court (Cooper, J.)	June 30, 2021	Arizona Legislature (HB 2898, budget reconciliation, signed June 30, 2021); Maricopa County Superior Court (Cooper, J.), A.R.S. 15-342.05 (prohibiting school districts and charter schools from requiring face coverings), effective Sept. 29, 2021; held unconstitutional Sept. 27, 2021 (Arizona School Boards Ass'n v. State, Maricopa County Superior Court), affirmed Nov. 2, 2021 (Ariz.) (June 30, 2021) (Ex. SEC-15-088)	/library/SEC-15-088	/exhibit/SEC-15-088
Ex. SEC-15-089	Proviso 1.108 (no school district may use appropriated funds to require students or staff to wear face masks); upheld by the South Carolina Supreme Court Sept.…	South Carolina General Assembly (2021-22 Appropriations Act, H. 4100, Proviso 1.108); U.S. District Court for the District of South Carolina (Lewis, J.)	June 22, 2021	South Carolina General Assembly (2021-22 Appropriations Act, H. 4100, Proviso 1.108); U.S. District Court for the District of South Carolina (Lewis, J.), Proviso 1.108 (no school district may use appropriated funds to require students or staff to wear face masks); upheld by the South Carolina Supreme Court Sept. 2, 2021 (City of Columbia); enforcement enjoined Sept. 28, 2021 (Disability Rights South Carolina v. McMaster) (June 22, 2021) (Ex. SEC-15-089)	/library/SEC-15-089
Ex. SEC-15-090	TEA Public Health Planning Guidance for the 2020-21 school year (July 7, 2020; on-campus instruction with masks required; parental choice of remote…	Texas Education Agency (Commissioner Mike Morath)	July 7, 2020	Texas Education Agency (Commissioner Mike Morath), TEA Public Health Planning Guidance for the 2020-21 school year (July 7, 2020; on-campus instruction with masks required; parental choice of remote; attendance-funding flexibility of July 14-17, 2020 for up to eight weeks of remote instruction), and the Aug. 5 and Aug. 19, 2021 public health guidance (mask provision not enforced during the GA-38 litigation) (Ex. SEC-15-090)	/library/SEC-15-090
Ex. SEC-15-091	DOE Emergency Order No. 2020-EO-06 (July 6, 2020): all school boards and charter school governing boards to open brick-and-mortar schools at least five days per…	Florida Department of Education (Commissioner Richard Corcoran)	July 6, 2020	Florida Department of Education (Commissioner Richard Corcoran), DOE Emergency Order No. 2020-EO-06 (July 6, 2020): all school boards and charter school governing boards to open brick-and-mortar schools at least five days per week for all students in August 2020, subject to DOH advice; Florida Education Ass'n v. DeSantis (Leon County Cir. Ct. temporary injunction Aug. 24, 2020; stayed by the First District Court of Appeal Aug. 28, 2020) (Ex. SEC-15-091)	/library/SEC-15-091	/exhibit/SEC-15-091
Ex. SEC-15-092	The July 17-20, 2020 fall-opening orders of Kansas, Utah and Iowa (grouped record)	Governor Laura Kelly (KS EO 20-59, July 20, 2020: face coverings in schools); Utah Department of Health (State Public Health Order of July 20, 2020: face coverings in all public and private K-12 schools); Governor Kim Reynolds (Iowa Proclamation of July 17, 2020: at least half of instruction in person)	July 20, 2020	Governor Laura Kelly (KS EO 20-59, July 20, 2020: face coverings in schools); Utah Department of Health (State Public Health Order of July 20, 2020: face coverings in all public and private K-12 schools); Governor Kim Reynolds (Iowa Proclamation of July 17, 2020: at least half of instruction in person), The July 17-20, 2020 fall-opening orders of Kansas, Utah and Iowa (grouped record) (July 20, 2020) (Ex. SEC-15-092)	/library/SEC-15-092	/exhibit/SEC-15-092
Ex. SEC-15-093	Executive Order 1460 (Mar. 19, 2020: all public schools closed through Apr. 17, 2020) and Executive Order 1476 (recited as Apr. 22, 2020: all public school…	Governor Tate Reeves	Mar. 19, 2020	Governor Tate Reeves, Executive Order 1460 (Mar. 19, 2020: all public schools closed through Apr. 17, 2020) and Executive Order 1476 (recited as Apr. 22, 2020: all public school buildings closed for the remainder of the 2019-20 academic year) (Ex. SEC-15-093)	/library/SEC-15-093
Ex. SEC-15-GM-001	Organizer notice	University Interscholastic League (Texas)	Apr. 17, 2020	University Interscholastic League (Texas), Organizer notice (Apr. 17, 2020) (Ex. SEC-15-GM-001)	/library/SEC-15-GM-001	/exhibit/SEC-15-GM-001
Ex. SEC-15-GM-002	Organizer notice	National Science Teaching Association	Mar. 20, 2020	National Science Teaching Association, Organizer notice (Mar. 20, 2020) (Ex. SEC-15-GM-002)	/library/SEC-15-GM-002	/exhibit/SEC-15-GM-002
Ex. SEC-15-GM-003	Organizer notice	National Association for the Education of Young Children	Aug. 16, 2020	National Association for the Education of Young Children, Organizer notice (Aug. 16, 2020) (Ex. SEC-15-GM-003)	/library/SEC-15-GM-003
Ex. SEC-15-GM-004	Organizer notice	National School Boards Association	Mar. 11, 2020	National School Boards Association, Organizer notice (Mar. 11, 2020) (Ex. SEC-15-GM-004)	/library/SEC-15-GM-004	/exhibit/SEC-15-GM-004
Ex. SEC-15-GM-005	Organizer notice	FIRST (For Inspiration and Recognition of Science and Technology)	Mar. 20, 2020	FIRST (For Inspiration and Recognition of Science and Technology), Organizer notice (Mar. 20, 2020) (Ex. SEC-15-GM-005)	/library/SEC-15-GM-005	/exhibit/SEC-15-GM-005
Ex. SEC-15-GM-006	Organizer notice	International Society for Technology in Education	May 31, 2020	International Society for Technology in Education, Organizer notice (May 31, 2020) (Ex. SEC-15-GM-006)	/library/SEC-15-GM-006	/exhibit/SEC-15-GM-006
Ex. SEC-15-GM-007	Organizer notice	National Association of Independent Schools	Nov. 2, 2020	National Association of Independent Schools, Organizer notice (Nov. 2, 2020) (Ex. SEC-15-GM-007)	/library/SEC-15-GM-007	/exhibit/SEC-15-GM-007
Ex. SEC-15-GM-008	Organizer notice	ACT, Inc.	Apr. 11, 2020	ACT, Inc, Organizer notice (Apr. 11, 2020) (Ex. SEC-15-GM-008)	/library/SEC-15-GM-008	/exhibit/SEC-15-GM-008
Ex. SEC-15-GM-009	Organizer notice	Music Teachers National Association	Mar. 21, 2020	Music Teachers National Association, Organizer notice (Mar. 21, 2020) (Ex. SEC-15-GM-009)	/library/SEC-15-GM-009	/exhibit/SEC-15-GM-009
Ex. SEC-15-GM-010	Organizer notice	University Interscholastic League (Texas)	Mar. 13, 2020	University Interscholastic League (Texas), Organizer notice (Mar. 13, 2020) (Ex. SEC-15-GM-010)	/library/SEC-15-GM-010	/exhibit/SEC-15-GM-010
Ex. SEC-15-GM-011	Organizer notice	National Federation of State High School Associations (51 member associations)	Mar. 20, 2020	National Federation of State High School Associations (51 member associations), Organizer notice (Mar. 20, 2020) (Ex. SEC-15-GM-011)	/library/SEC-15-GM-011	/exhibit/SEC-15-GM-011
Ex. SEC-15-GM-012	Organizer notice	Indiana High School Athletic Association	Mar. 13, 2020	Indiana High School Athletic Association, Organizer notice (Mar. 13, 2020) (Ex. SEC-15-GM-012)	/library/SEC-15-GM-012	/exhibit/SEC-15-GM-012
Ex. SEC-15-GM-013	Organizer notice	Educational Records Bureau (ERB)	Apr. 21, 2020	Educational Records Bureau (ERB), Organizer notice (Apr. 21, 2020) (Ex. SEC-15-GM-013)	/library/SEC-15-GM-013	/exhibit/SEC-15-GM-013
Ex. SEC-15-GM-014	Organizer notice	Ohio High School Athletic Association	Apr. 20, 2020	Ohio High School Athletic Association, Organizer notice (Apr. 20, 2020) (Ex. SEC-15-GM-014)	/library/SEC-15-GM-014	/exhibit/SEC-15-GM-014
Ex. SEC-15-GM-015	Organizer notice	New Jersey State Interscholastic Athletic Association	May 4, 2020	New Jersey State Interscholastic Athletic Association, Organizer notice (May 4, 2020) (Ex. SEC-15-GM-015)	/library/SEC-15-GM-015	/exhibit/SEC-15-GM-015
Ex. SEC-15-GM-016	Organizer notice	SXSW, LLC (SXSW EDU)	Mar. 6, 2020	SXSW, LLC (SXSW EDU), Organizer notice (Mar. 6, 2020) (Ex. SEC-15-GM-016)	/library/SEC-15-GM-016	/exhibit/SEC-15-GM-016
Ex. SEC-15-GM-017	Organizer notice	Society for Science and the Public	Mar. 24, 2020	Society for Science and the Public, Organizer notice (Mar. 24, 2020) (Ex. SEC-15-GM-017)	/library/SEC-15-GM-017	/exhibit/SEC-15-GM-017
Ex. SEC-15-GM-018	Organizer notice	The E.W. Scripps Company (Scripps National Spelling Bee)	Apr. 15, 2020	The E.W. Scripps Company (Scripps National Spelling Bee), Organizer notice (Apr. 15, 2020) (Ex. SEC-15-GM-018)	/library/SEC-15-GM-018	/exhibit/SEC-15-GM-018
Ex. SEC-15-GM-019	Organizer notice	College Board	Mar. 27, 2020	College Board, Organizer notice (Mar. 27, 2020) (Ex. SEC-15-GM-019)	/library/SEC-15-GM-019	/exhibit/SEC-15-GM-019
Ex. SEC-15-GM-020	Organizer notice	International Society for Technology in Education	Sept. 20, 2020	International Society for Technology in Education, Organizer notice (Sept. 20, 2020) (Ex. SEC-15-GM-020)	/library/SEC-15-GM-020	/exhibit/SEC-15-GM-020
Ex. SEC-15-GM-021	Organizer notice	National Association of Independent Schools	Mar. 5, 2021	National Association of Independent Schools, Organizer notice (Mar. 5, 2021) (Ex. SEC-15-GM-021)	/library/SEC-15-GM-021	/exhibit/SEC-15-GM-021
Ex. SEC-15-GM-022	Organizer notice	Indiana High School Athletic Association	Apr. 2, 2020	Indiana High School Athletic Association, Organizer notice (Apr. 2, 2020) (Ex. SEC-15-GM-022)	/library/SEC-15-GM-022	/exhibit/SEC-15-GM-022
Ex. SEC-15-GM-023	Organizer notice	SkillsUSA, Inc.	June 2, 2020	SkillsUSA, Inc, Organizer notice (June 2, 2020) (Ex. SEC-15-GM-023)	/library/SEC-15-GM-023	/exhibit/SEC-15-GM-023
Ex. SEC-15-GM-024	Organizer notice	College Board	Apr. 15, 2020	College Board, Organizer notice (Apr. 15, 2020) (Ex. SEC-15-GM-024)	/library/SEC-15-GM-024	/exhibit/SEC-15-GM-024
Ex. SEC-15-GM-025	Organizer notice	National Association of Independent Schools	Jan. 17, 2021	National Association of Independent Schools, Organizer notice (Jan. 17, 2021) (Ex. SEC-15-GM-025)	/library/SEC-15-GM-025	/exhibit/SEC-15-GM-025
Ex. SEC-15-GM-026	Organizer notice	The Enrollment Management Association	Aug. 12, 2020	The Enrollment Management Association, Organizer notice (Aug. 12, 2020) (Ex. SEC-15-GM-026)	/library/SEC-15-GM-026	/exhibit/SEC-15-GM-026
Ex. SEC-15-GM-027	Organizer notice	National School Boards Association	Mar. 7, 2021	National School Boards Association, Organizer notice (Mar. 7, 2021) (Ex. SEC-15-GM-027)	/library/SEC-15-GM-027	/exhibit/SEC-15-GM-027
Ex. SEC-15-GM-028	Organizer notice	National Science Teaching Association	Mar. 4, 2021	National Science Teaching Association, Organizer notice (Mar. 4, 2021) (Ex. SEC-15-GM-028)	/library/SEC-15-GM-028	/exhibit/SEC-15-GM-028
Ex. SEC-15-GM-029	Organizer notice	Music Teachers National Association	Mar. 20, 2021	Music Teachers National Association, Organizer notice (Mar. 20, 2021) (Ex. SEC-15-GM-029)	/library/SEC-15-GM-029	/exhibit/SEC-15-GM-029
Ex. SEC-15-GM-030	Organizer notice	National Association for the Education of Young Children	Sept. 10, 2021	National Association for the Education of Young Children, Organizer notice (Sept. 10, 2021) (Ex. SEC-15-GM-030)	/library/SEC-15-GM-030	/exhibit/SEC-15-GM-030
Ex. SEC-15-GM-031	Organizer notice	International Society for Technology in Education	Mar. 23, 2021	International Society for Technology in Education, Organizer notice (Mar. 23, 2021) (Ex. SEC-15-GM-031)	/library/SEC-15-GM-031	/exhibit/SEC-15-GM-031
Ex. SEC-15-GM-032	Organizer notice	FIRST (For Inspiration and Recognition of Science and Technology)	Mar. 2, 2021	FIRST (For Inspiration and Recognition of Science and Technology), Organizer notice (Mar. 2, 2021) (Ex. SEC-15-GM-032)	/library/SEC-15-GM-032	/exhibit/SEC-15-GM-032
Ex. SEC-15-GM-033	Organizer notice	American Federation of Teachers	June 1, 2020	American Federation of Teachers, Organizer notice (June 1, 2020) (Ex. SEC-15-GM-033)	/library/SEC-15-GM-033	/exhibit/SEC-15-GM-033
Ex. SEC-15-GM-034	Organizer notice	Learning Forward	Sept. 26, 2020	Learning Forward, Organizer notice (Sept. 26, 2020) (Ex. SEC-15-GM-034)	/library/SEC-15-GM-034	/exhibit/SEC-15-GM-034
Ex. SEC-15-GM-035	Organizer notice	National Council of Teachers of English	Sept. 16, 2020	National Council of Teachers of English, Organizer notice (Sept. 16, 2020) (Ex. SEC-15-GM-035)	/library/SEC-15-GM-035	/exhibit/SEC-15-GM-035
Ex. SEC-15-GM-036	Organizer notice	AASA, The School Superintendents Association	Sept. 17, 2020	AASA, The School Superintendents Association, Organizer notice (Sept. 17, 2020) (Ex. SEC-15-GM-036)	/library/SEC-15-GM-036	/exhibit/SEC-15-GM-036
Ex. SEC-15-GM-037	Organizer notice	LRP Media Group (FETC)	Dec. 22, 2020	LRP Media Group (FETC), Organizer notice (Dec. 22, 2020) (Ex. SEC-15-GM-037)	/library/SEC-15-GM-037
Ex. SEC-15-GM-039	Organizer notice	SXSW, LLC (SXSW EDU)	Mar. 2, 2021	SXSW, LLC (SXSW EDU), Organizer notice (Mar. 2, 2021) (Ex. SEC-15-GM-039)	/library/SEC-15-GM-039
Ex. SEC-15-GM-040	Organizer notice	Arizona State University and GSV	Aug. 16, 2021	Arizona State University and GSV, Organizer notice (Aug. 16, 2021) (Ex. SEC-15-GM-040)	/library/SEC-15-GM-040
Ex. SEC-15-GM-041	Organizer notice	National School Boards Association	Feb. 18, 2020	National School Boards Association, Organizer notice (Feb. 18, 2020) (Ex. SEC-15-GM-041)	/library/SEC-15-GM-041
Ex. SEC-15-GM-042	Organizer notice	National Association for the Education of Young Children	Nov. 19, 2019	National Association for the Education of Young Children, Organizer notice (Nov. 19, 2019) (Ex. SEC-15-GM-042)	/library/SEC-15-GM-042
Ex. SEC-15-GM-043	Organizer notice	International Society for Technology in Education	Mar. 24, 2020	International Society for Technology in Education, Organizer notice (Mar. 24, 2020) (Ex. SEC-15-GM-043)	/library/SEC-15-GM-043
Ex. TN-036	Executive Order No. 84	Governor Bill Lee	Aug. 16, 2021	Governor Bill Lee, Executive Order No. 84 (Aug. 16, 2021) (Ex. TN-036)	/library/TN-036	/exhibit/TN-036
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. WA-075	Proclamation 20-09.4	Governor Jay Inslee	July 30, 2021	Governor Jay Inslee, Proclamation 20-09.4 (July 30, 2021) (Ex. WA-075)	/library/WA-075	/exhibit/WA-075
Ex. WA-079	Proclamation 21-14.1	Governor Jay Inslee	Aug. 20, 2021	Governor Jay Inslee, Proclamation 21-14.1 (Aug. 20, 2021) (Ex. WA-079)	/library/WA-079	/exhibit/WA-079

11. 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?industry=15&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.