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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Religious Organizations and Nonprofits

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 396 instruments cited; 366 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?industry=16&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 Religious Organizations and Nonprofits. 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=16&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)

Religious Organizations and Nonprofits (the industry's regulators, nationally), first day (Apr. 1, 2020): Worship gatherings prohibited or capped at 10 in the great majority of States (stay-at-home orders in 42 States and D.C.; e.g., NY EO 202.10 Ex. SEC-16-111; WA 20-25 Ex. SEC-16-109; NJ EO 107 Ex. SEC-16-100; KY Mar. 19 order Ex. SEC-16-020; IA Mar. 17 proclamation Ex. SEC-16-060; IL EO 2020-10; WI EMO 12 Ex. SEC-16-062; OR EO 20-12 Ex. SEC-16-014; OK Fourth Amended EO 2020-07 Ex. SEC-16-085; NC EO 121 Ex. SEC-16-011; CT EO 7D/7N Ex. SEC-16-048/-101); religious entities essential but distancing-conditioned in OH (Ex. SEC-16-080), TX (GA-14), TN (EO 22, Ex. SEC-16-105), GA (Ex. SEC-16-054); religious schools, camps and child care closed under school orders; hospital, nursing-home and prison visitation barred (FED-097; Ex. SEC-16-085 para. 21; Ex. SEC-16-095); FFCRA leave mandate in force for nonprofits under 500 employees.

Religious Organizations and Nonprofits (the industry's regulators, nationally), last day (June 30, 2020): Worship reopened under caps: CA 25%/100 (Ex. SEC-16-002); MN 25%/250 (Ex. SEC-16-015); CT 25%/100 indoor, 150 outdoor (Ex. SEC-16-018); NJ 25%/100 (EO 156); NV 50 persons (Directive 021, Ex. SEC-16-006); DC the fewer of 50% or 100 (Ex. SEC-16-023); NY 25%-33% by phase (EO 202.38/202.42); IL 10 persons recommended, not mandated (Ex. SEC-16-079); NC gatherings over 10 outdoors unless impossible (Ex. SEC-16-012) then exempt (EO 141); KY reopened May 20 under Healthy at Work requirements; OR 25 (EO 20-25, Ex. SEC-16-106); WA Phase 2 indoor services under mandatory faith-based requirements (Ex. SEC-16-074); MA reopened May 18 under mandatory standards (Ex. SEC-16-076); MD 50%; VA 50%. Injunctions: Maryville (May 2), Roberts v. Neace (May 9), Kelly v. LCC (Apr. 11), Wisconsin Legislature v. Palm (May 13), Elkhorn (June 12), Elim Romanian (June 16, denied), Spell (June 18, moot), South Bay I (May 29, denied).

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)

Religious Organizations and Nonprofits (the industry's regulators, nationally), first day (July 1, 2020): Same caps as June 30 plus new limits: NJ indoor 25%/100 (EO 156); KY 10-person gathering order from July 20 (Ex. SEC-16-042); CA closed indoor worship in monitored counties July 13 (recited in Ex. SEC-16-007); NV 50-person worship cap sustained by the Supreme Court July 24 (Ex. SEC-16-003); statewide mask orders reached sanctuaries in more than 30 States.

Religious Organizations and Nonprofits (the industry's regulators, nationally), last day (Sept. 30, 2020): CA Blueprint (Aug. 28): Tier 1 indoor worship prohibited; Tier 2 25%/100; Tier 3 50%/200 (Ex. SEC-16-093; Ex. SEC-16-007); NJ religious indoor 25%/150 (EO 183, Ex. SEC-16-022); NY 33% (Phase 4); CT 25%/100; MN 25%/250; NV 50 persons (to Oct. 1); DC 50%/100 (Ex. SEC-16-023); MD 75% (Sept. 4); CO Dial (Sept. 15); IL Phase 4 gatherings 50 (worship recommended); CDC eviction moratorium from Sept. 4 (FED-022).

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)

Religious Organizations and Nonprofits (the industry's regulators, nationally), first day (Oct. 1, 2020): As Sept. 30, with NY EO 202.68 cluster caps from Oct. 6 (Ex. SEC-16-073), CT Phase 3 50%/200 from Oct. 8 (Ex. SEC-16-102), NV 250/50% from Oct. 1 (Directive 033), WI EMO 3 25% caps (worship exempt) from Oct. 8, MI MDHHS orders from Oct. 5.

Religious Organizations and Nonprofits (the industry's regulators, nationally), last day (Dec. 31, 2020): NY red/orange caps enjoined Nov. 25 (Ex. SEC-16-001, -037) and 25%/33% caps remanded for injunction Dec. 28 (Ex. SEC-16-026); NJ general indoor 10 / religious 25%/150 (Ex. SEC-16-044, -045); NV lesser of 25% or 50 (Directive 035) enjoined Dec. 15 (Ex. SEC-16-006); CT 50%/100 (EO 9K) extended to Feb. 9, 2021 (Ex. SEC-16-049); CA Tier 1 indoor worship prohibited statewide in Purple counties (Ex. SEC-16-034); CO caps removed Dec. 7 (Ex. SEC-16-050); MN worship 50%/250 under EO 20-99 (weddings/funerals limited to services); MD religious 50% (Nov. 20); WA 25%/200 (20-25.8); OR risk levels 25%/100 (EO 20-66); KY schools closed to in-person (Ex. SEC-16-041); Toledo-Lucas religious schools closed Dec. 4-31 (Ex. SEC-16-033); DC 25%/250 (MO 2020-126); VA 10-person gatherings with worship exempt but conditioned (EO 72).

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)

Religious Organizations and Nonprofits (the industry's regulators, nationally), first day (Jan. 1, 2021): As Dec. 31: CA Tier 1 prohibition; NJ 25%/150; CT 50%/100; NV 25%/50; WA 25%/200; OR 25%/100; MN 50%/250; MD 50%; DC 25%/250; MA 25% (Order 59); RI 25%/125 (Pause) (verify against RI file).

Religious Organizations and Nonprofits (the industry's regulators, nationally), last day (Mar. 31, 2021): CA Tier 1 prohibition enjoined Feb. 5 (Ex. SEC-16-004); CA 25% cap and singing ban in force; Santa Clara gathering ban enjoined Feb. 26 (Ex. SEC-16-040); NJ religious 50% (EO 230, Ex. SEC-16-046); CT capacity limits eliminated Mar. 19 (distancing and masks retained); MD limits removed Mar. 12; MA 50% (Mar. 1); NV 50%/250 (Mar. 15); WA Phase 3 50%/400 (Mar. 22); MN EO 21-11 (Mar. 15) distancing without cap; NY 33%-50% (DOH guidance Ex. SEC-16-072).

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)

Religious Organizations and Nonprofits (the industry's regulators, nationally), first day (Apr. 1, 2021): CA 25%-50% by tier (mandatory until Apr. 12; Ex. SEC-16-093); NJ 50%; NV 50%/250; WA 50%/400; OR risk levels; MN distancing; NY 50%; MA 50%; DC 25%/250; MI MDHHS gathering orders (worship exempt from penalty).

Religious Organizations and Nonprofits (the industry's regulators, nationally), last day (June 30, 2021): No statewide worship cap in force anywhere; WA and OR frameworks terminated at midnight June 30; NJ EO 244 (June 4) wound down; NY EO 202 expired June 24; MI June 22; CA June 15; NV June 1; MN May 28; MA May 29; CT May 19; DC May 21; MD May 15; DE May 21; RI July 6 (reopening and mask orders terminated). In force: CDC conveyance order; CDC eviction moratorium (extended June 24 to July 31); CMS visitation conditions; OSHA Healthcare ETS (June 21); presidential entry proclamations; Texas GA-38 and Florida SB 2006 barring local mandates.

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)

Religious Organizations and Nonprofits (the industry's regulators, nationally), first day (July 1, 2021): No statewide worship cap; CDC conveyance mask order and TSA SD 1582/84-21-01A in force (FED-020, FED-051); CDC eviction moratorium to July 31 (FED-025); CMS QSO-20-39-NH rev. Apr. 27, 2021 (FED-156); OSHA Healthcare ETS compliance dates July 6 and 21 (FED-080); BOP modified operations; entry proclamations (FED-207/208); Delaware PHE (July 12/13); continuing State emergencies in most States.

Religious Organizations and Nonprofits (the industry's regulators, nationally), last day (Sept. 30, 2021): Indoor mask orders reaching worship and social-service sites in IL (EO 2021-20/2021-22, from Aug. 30, Ex. SEC-16-115), LA (137 JBE 2021, Aug. 4), NV (Directive 047, July 30), NM (PHO Aug. 17), OR (OAR 333-019-1025, Aug. 13), WA (Order 20-03.4, Aug. 23), HI (Aug. 10), DC (MO 2021-097, July 31), Los Angeles County (July 17), Bay Area counties (Aug. 3), Philadelphia (Aug. 12), others; school and child-care mask and staff vaccination orders reaching religious schools: NJ EO 251 (Aug. 6) and EO 253 (Aug. 23) (Ex. SEC-16-117, -118); CT EO 13A (Aug. 5, Ex. SEC-16-119); IL EO 2021-18 (Aug. 4); DE (Aug. 16); PA (Sept. 7); NY 10 NYCRR 2.60 (Sept. 2); OR OAR 333-019-1015 (Aug. 2); WA; CA CDPH K-12 (July 12); LA (Aug. 4); TSA SD 1582/84-21-01B (Sept. 14 to Jan. 18, 2022) (FED-052); EO 14042 (Sept. 9) (FED-063); health-care-worker vaccination mandates on religiously affiliated facilities (CA Aug. 5; NY Aug. 26; NJ EO 252 Sept. 7; WA Aug. 9/20; OR Aug. 25; ME; RI; CO; DC); CDC eviction moratorium ended Aug. 26 (FED-026); BLS NAICS 813 employment 7.5 percent below Feb. 2020 (Ex. SEC-16-099).

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).

Layer2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Total
Federal layer179163160175165167330
Sector regulators63163023116100
Group meetings and trade shows232131131
All layers265181191201177174461

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: Religious Organizations and Nonprofits

Houses of worship were the one class of employer that Congress named in the Suspension Clause (orders limiting group meetings 'for commercial, social, religious, or other purposes'), and the orders reached them earlier, more completely and for longer than the Service's letters acknowledge. 2020 Q2 (with the March 13-31 run-up). Between March 12 and March 25, 2020 every State and the District of Columbia issued an order that limited group meetings, and in at least thirty-nine jurisdictions the order applied in terms to religious gatherings: Connecticut prohibited 'religious, spiritual or worship gatherings' of 50 or more on March 16 (EO 7D, Ex. SEC-16-048); Kentucky prohibited 'all mass gatherings,' expressly including 'faith-based' events, on March 19 (Ex. SEC-16-020); Iowa prohibited 'spiritual, religious... gatherings and events of more than 10 people,' 'including... fundraisers,' from noon on March 17 (Ex. SEC-16-060); Maine capped 'faith-based events' at 10 on March 18 (EO 14, recited in Ex. SEC-16-036); New York cancelled 'non-essential gatherings of individuals of any size for any reason' on March 23 (EO 202.10, Ex. SEC-16-111); Washington prohibited 'social, spiritual and recreational gatherings of any kind regardless of the number of participants' on March 23 (Proclamation 20-25, Ex. SEC-16-109); Illinois, Wisconsin, Oregon, Oklahoma, Louisiana, Mississippi, Virginia, Maryland, Delaware, New Jersey, Vermont, Rhode Island, Massachusetts, Minnesota, Michigan, Kansas, Nevada, California, Hawaii, Alaska, Colorado, New Mexico, Idaho, Montana, North Carolina, the District and others followed with stay-at-home orders whose gathering prohibitions had no worship exception or capped worship at 10. A second group (Ohio, Texas, Florida, Tennessee, Pennsylvania, South Carolina, Georgia, Arizona, Arkansas, Indiana, Nebraska, the Dakotas, Wyoming, Utah, West Virginia) designated religious entities essential or exempted them from penalty while imposing distancing conditions, closing the schools, camps, thrift stores, day programs, shelters' congregate service and fundraising venues on which the same employers depend, and barring the hospital, nursing-home and prison visitation that chaplaincy and volunteer ministries require (CMS QSO-20-14-NH, Mar. 13, 2020, FED-097; Oklahoma ¶21, Ex. SEC-16-085; BOP Action Plan, Mar. 13, 2020, Ex. SEC-16-095). The reopening steps of May-June 2020 substituted numerical and percentage caps for closures: California 25%/100 (May 25); Minnesota 25%/250 (May 26, Ex. SEC-16-015); Connecticut 25%/100 indoor and 150 outdoor (May 29, Ex. SEC-16-018); Nevada 50 persons (May 28, Directive 021, recited in Ex. SEC-16-006); New Jersey 25%/50 then 25%/100 (June 9 and 22, Ex. SEC-16-021); the District the fewer of 50% or 100 (June 22, recited in Ex. SEC-16-023); New York 25% then 33% by phase (Ex. SEC-16-072 carries the later 50% text). 2020 Q3. Caps of 25-50 percent, 50-250 persons, and prohibitions on singing and chanting governed worship in the populous States for the whole quarter; New Jersey fixed indoor religious gatherings at 25%/150 on September 1 (EO 183, Ex. SEC-16-022); the District's 100-person cap on outdoor worship was enjoined under RFRA on October 9 (Ex. SEC-16-023); Kentucky cut gatherings to 10 on July 20 (Ex. SEC-16-042); summer camps, vacation programs and religious schools operated under the child-care and school orders; the CDC eviction moratorium (Sept. 4) reached nonprofit housing providers. 2020 Q4. The winter re-tightening returned worship to the tightest caps since spring: New York's Cluster Action Initiative (EO 202.68, Oct. 6) capped houses of worship at 25%/10 in red zones, 33%/25 in orange zones and 50% in yellow zones (Ex. SEC-16-073), enjoined as to the applicants on November 25, 2020 (Roman Catholic Diocese, Ex. SEC-16-001 and SEC-16-037) and as to all fixed caps on December 28 (Ex. SEC-16-026); New Jersey cut general indoor gatherings to 10 while holding religious services at 25%/150 (EO 196, Nov. 16, Ex. SEC-16-044); Nevada's Statewide Pause capped worship at the lesser of 25% or 50 persons (Directive 035, Nov. 24), enjoined by the Ninth Circuit on December 15 (Ex. SEC-16-006); Connecticut rolled back to 50%/100 (EO 9K, Nov. 5) and extended every order to February 9, 2021 (EO 9L, Ex. SEC-16-049); Kentucky closed every public and private school to in-person instruction from November 23 (EO 2020-969, Ex. SEC-16-041; stay granted by the Sixth Circuit Nov. 29, Ex. SEC-16-032; application denied by the Supreme Court Dec. 17, 2020); Colorado's Dial capped worship until the December 7 amendment (Ex. SEC-16-050) following the December 15 GVR in High Plains Harvest Church (Ex. SEC-16-039); Toledo-Lucas County closed religious schools for grades 7-12 from December 4 until the Sixth Circuit enjoined the closure on December 31 (Ex. SEC-16-033). 2021 Q1. California's Tier 1 prohibition on indoor worship stood until the Supreme Court enjoined it on February 5, 2021, leaving the 25% cap and the singing and chanting prohibition in force (Ex. SEC-16-004); Santa Clara County's gathering ban was enjoined February 26 (Ex. SEC-16-040); New Jersey raised religious services to 50% on March 19 (EO 230, Ex. SEC-16-046); Connecticut eliminated capacity limits March 19; Maryland March 12; Massachusetts moved to 50% March 1. 2021 Q2. California's household limit on at-home religious gatherings was enjoined April 9 (Tandon, Ex. SEC-16-005) and the State converted worship capacity limits to recommendations April 12 (Ex. SEC-16-093 n.^); the last statewide worship caps ended between May 17 and June 30, 2021 (New Jersey EO 241/242, Ex. SEC-16-047; Minnesota EO 21-21, May 28; Massachusetts May 29; Nevada Directive 045, June 1; New York June 15; Michigan June 22; Washington and Oregon June 30). 2021 Q3. No State capped worship attendance, but the orders that remained and the new ones issued reached every function of this industry: the CDC conveyance mask order and TSA directives on every commuting congregant, employee and volunteer (FED-020, FED-051, FED-052); indoor mask orders in Illinois (EO 2021-20, eff. Aug. 30, Ex. SEC-16-115), Louisiana, Nevada, New Mexico, Oregon, Washington, Hawaii, the District and the largest California counties, which by their terms reached sanctuaries, fellowship halls and social-service sites as indoor public places; school and child-care mask and vaccination orders that reached parochial and private religious schools and church-run child care in New Jersey (EO 251, Aug. 6 and EO 253, Aug. 23, Ex. SEC-16-117 and -118), Connecticut (EO 13A, Aug. 5, Ex. SEC-16-119), Kentucky (EO 2021-585, Aug. 10, Ex. SEC-16-043), Illinois, Delaware, Pennsylvania, New York, Oregon, Washington, California and Louisiana; CMS's nursing-home visitation conditions (QSO-20-39-NH rev. Apr. 27, 2021, FED-156) and the Bureau of Prisons' modified operations on chaplaincy and volunteer visitation; the CDC eviction moratorium on nonprofit housing providers to August 26, 2021 (FED-025, FED-026); the OSHA Healthcare ETS on religiously affiliated hospitals, nursing homes and clinics (FED-080); and EO 14042 (Sept. 9, 2021) on nonprofit federal contractors (FED-063). The industry's own data confirm what the orders compelled: employment in NAICS 813 fell 288,700 (9.6 percent) between February and April 2020 and was still 226,100 (7.5 percent) below February 2020 on September 30, 2021 (Ex. SEC-16-099); in March 2021 only 12 percent of U.S. attenders said their congregation was 'open and operating as usual' (Ex. SEC-16-097).

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.

CodeFunction
WSworship services and gathering caps
REreligious education and youth programs
EVevents, fundraising and galas
FSfood, shelter and social services
CRcounseling and visitation (hospitals, prisons, nursing homes)
FCfacilities rental
VLvolunteers
HRhiring, screening, training and credentialing
OPoffice, administration and telework
WFworkforce availability
CBmembers and donors

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-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-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-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-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-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-279
Order of March 16, 2020 (COVID-19 building access)

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

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

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

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

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

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

Ex. FED-291
Press release of March 16, 2020 (postponement of the March 2020 argument session)

Supreme Court postpones oral arguments scheduled for the March session

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

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

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

Enforcement: order of the Court

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

Ex. FED-317
General Order 72

In re: Coronavirus Disease Public Health Emergency

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

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

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

Enforcement: court order

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

Ex. FED-264
OMB Memorandum M-20-16

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

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

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

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

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

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

Ex. FED-390
Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors

Hoover Dam temporarily closed to all visitors

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

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

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

Enforcement: Reclamation facility order

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

Ex. FED-324
USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020

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

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

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

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

Enforcement: agency closure

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

Ex. FED-387
NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities)

National Park Service to Temporarily Suspend Park Entrance Fees

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

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

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

Enforcement: Secretarial direction

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

Ex. FED-284
Order of the Chief Judge No. 20-042

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

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

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

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

Enforcement: court order; U.S. Marshals

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

Ex. FED-310
Second Amended Standing Order 2020-02

In re: Restrictions on Visitors to Courthouses

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

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

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

Enforcement: court order; court security officers

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

Ex. FED-391
USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only

USDA Service Centers Open for Business by Phone Appointment Only

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

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

Enforcement: USDA operating directive

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

Ex. FED-389
BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon

BLM Temporarily Closes Developed Recreation Facilities in Oregon

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

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

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

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

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

Ex. FED-293
Press release of April 3, 2020 (postponement of the April 2020 argument session)

Supreme Court postpones the April session oral arguments

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

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

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

Enforcement: order of the Court

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

Ex. FED-158
CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020)

Non-Emergent, Elective Medical Services, and Treatment Recommendations

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

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

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

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

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

Ex. FED-294
Press release of April 13, 2020 (telephone arguments in May 2020)

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

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

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

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

Enforcement: order of the Court

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

Ex. FED-159
CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)

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

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

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

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

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

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

Ex. FED-318
General Order 72-2

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

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

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

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

Enforcement: court order

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

Ex. FED-398
H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus

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

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

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

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

Enforcement: House rule

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

Ex. FED-334
General Order 73 (Amended May 21, 2020)

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

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

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

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

Enforcement: court order; court security

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

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

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

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

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

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

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

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

Ex. FED-010
Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus

Determination that a Public Health Emergency Exists

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

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

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

Enforcement: Predicate; the enabled instruments carry their own enforcement

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

Ex. FED-200
Proclamation 9984

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-180
Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)

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

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

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

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

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

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

Ex. FED-181
Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV

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

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

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

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

Enforcement: Framework for FDA emergency use authorizations

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

Ex. FED-001
Proclamation 9994

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-160
COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

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

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

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

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

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

Ex. FED-182
Emergency Use Declaration: personal respiratory protective devices

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

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

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

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

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

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

Ex. FED-201
Proclamation 9992

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-096
CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)

QSO-20-13-Hospitals

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

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

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

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

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

Ex. FED-164
CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

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

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

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

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

Enforcement: Governs federal survey operations

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

Ex. FED-088
Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)

Guidance on Preparing Workplaces for COVID-19

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

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

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

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

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

Ex. FED-098
QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)

QSO-20-18-HHA

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

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

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

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

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

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

Regulators of Religious Organizations and Nonprofits

Ex. SEC-16-048
Executive Order No. 7D

Protection of Public Health and Safety During COVID-19 Pandemic and Response: Further Restrictions on Large Crowds, Restaurants, Bars, Gyms, Movie Theaters

Governor Ned Lamont, Connecticut (State)

Dates
In force from Mar. 16, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capEvents and venues
Functions reached
WS gatherings of 50+ prohibited; EV conventions and festivals; FC
Grade
Primary source read
Days in this quarter
46

1. Further Reduction of Large Crowds. Effective immediately, and through April 30, 2020... all such gatherings of 50 or more people, including but not limited to, community, civic, leisure, or sporting events; parades; concerts; festivals; plays or live performances; conventions; and similar activities, as well as religious, spiritual or worship gatherings of such size, are prohibited throughout the State of Connecticut.

Enforcement: Conn. Gen. Stat. 28-22

Citation: Governor Ned Lamont, Executive Order No. 7D (Mar. 16, 2020) (Ex. SEC-16-048) Open the exhibit

Ex. SEC-16-060
Proclamation of Disaster Emergency (Public Health Disaster Emergency)

Proclamation of Disaster Emergency of March 17, 2020

Governor Kim Reynolds, Iowa (State)

Dates
In force from Mar. 17, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capHealth care ordersEvents and venues
Functions reached
WS spiritual and religious gatherings over 10 prohibited; EV fundraisers and conventions prohibited; FS senior centers and adult day services closed
Grade
Primary source read
Days in this quarter
106 (in force on the last day)

SECTION THREE... E. Mass Gathering: Social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events of more than 10 people are hereby prohibited at all locations and venues, including but not limited to parades, festivals, conventions, and fundraisers. Planned large gatherings and events must be canceled or postponed until after termination of this disaster. F. Senior Citizen Centers and Adult Daycare Facilities: All facilities that conduct adult day services or other senior citizen centers are hereby closed.

Enforcement: Iowa Code 29C.20A; 135.38 (simple misdemeanor)

Citation: Governor Kim Reynolds, Proclamation of Disaster Emergency (Public Health Disaster Emergency) (Mar. 17, 2020) (Ex. SEC-16-060) Open the exhibit

Ex. SEC-16-081
Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (Safer at Home)

Safer at Home Order (Apr. 28, 2020)

State Health Officer Scott Harris, Alabama (State)

Dates
In force from Apr. 30, 2020 to Apr. 9, 2021 (issued Apr. 28, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitGathering cap
Functions reached
WS non-work gatherings of 10+ barred Apr. 30-May 10, 2020; lifted with distancing May 11
Grade
Confirmed from a secondary source
Days in this quarter
62 (in force on the last day)

Enforcement: Ala. Code 22-2-14 (misdemeanor)

Citation: State Health Officer Scott Harris, Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (Safer at Home) (Apr. 28, 2020) (Ex. SEC-16-081)

Ex. SEC-16-106
Executive Order No. 20-25

A Safe and Strong Oregon: Maintaining Essential Health Directives in Response to COVID-19, and Implementing a Phased Approach for Reopening Oregon's Economy (Phase 1; faith gatherings of 25)

Governor Kate Brown, Oregon (State)

Dates
In force from May 15, 2020 to July 6, 2020 (issued May 14, 2020)
Quarters
2020 Q22020 Q3
Limitations
Business closureCapacity limitGathering cap
Functions reached
WS faith-based gatherings capped at 25 with six-foot distancing between households (para. 3.a); EV and RE social and recreational gatherings capped at 10 (para. 3.b); FS shelter and meal programs serving vulnerable populations exempt from the dine-in prohibition (para. 4.c); FC fraternal organization facilities, social and private clubs, senior activity centers and youth clubs closed (para. 5.a)
Grade
Primary source read
Days in this quarter
47 (in force on the last day)

3. Gatherings.... a. Cultural, Civic, and Faith-Based Gatherings. All cultural, civic, and faith-based gatherings of more than 25 people are prohibited. Cultural, civic, and faith-based gatherings of 25 or fewer people are allowed only if a distance of at least six (6) feet can be consistently maintained between individuals from different households, and if other applicable OHA physical distancing guidance are followed. b. Social and Recreational Gatherings. Social and recreational gatherings outside of a home or place of residence continue to be prohibited, regardless of size, unless a distance of at least six (6) feet can be consistently maintained between individuals from different households, in which case social and recreational gatherings of up to ten (10) people are permitted. c. Paragraph 3 of this Executive Order applies to gatherings only, and does not apply to workplaces…

Enforcement: ORS 401.990 (para. 2: 'subject to the penalties described in ORS 401.990')

Citation: Governor Kate Brown, Executive Order No. 20-25 (May 14, 2020) (Ex. SEC-16-106) Open the exhibit

Ex. SEC-16-015
Emergency Executive Order 20-62

Amending Executive Order 20-56 to Allow Worship, Weddings, and Funerals

Governor Tim Walz, Minnesota (State)

Dates
In force from May 26, 2020 to June 10, 2020 (issued May 23, 2020)
Quarters
2020 Q2
Limitations
Capacity limitGathering capEvents and venues
Functions reached
WS 25%/250 indoor, 250 outdoor; FC weddings and funerals; EV
Grade
Primary source read
Days in this quarter
16

v. Effective on May 26, 2020 at 11:59 pm, places of worship, funeral homes, and other venues that offer gathering space for weddings, funerals, or planned services such as worship, rituals, prayer meetings, or scripture studies, may host such weddings, funerals, or services with over 10 people, provided that they adhere to the below requirements: A. In all settings, ensure a minimum of 6 feet of physical distancing between households. B. In indoor settings, occupancy must not exceed 25 percent of the normal occupant capacity as determined by the fire marshal, with a maximum of 250 people in a single self-contained space. C. In outdoor settings, gatherings must not exceed 250 individuals.

Enforcement: Minn. Stat. 12.45 (misdemeanor); the order has 'the force and effect of law during the peacetime emergency'

Citation: Governor Tim Walz, Emergency Executive Order 20-62 (May 23, 2020) (Ex. SEC-16-015) Open the exhibit

Ex. SEC-16-021
Executive Order No. 152

Increasing limits on indoor and outdoor gatherings

Governor Philip D. Murphy, New Jersey (State)

Dates
In force from June 9, 2020 to June 22, 2020
Quarters
2020 Q2
Limitations
Capacity limitGathering capEvents and venues
Functions reached
WS indoor 25%/50; outdoor 100 with religious carve-out from attendee rules; FC; EV
Grade
Primary source read
Days in this quarter
14

WHEREAS, certain gatherings - including religious services and political activity - are particularly important to the functioning of the State and of society, and while such gatherings must be limited to the same degree as any other during periods of especially high community transmission, at a time during which COVID-19 cases, hospitalizations, and the rate of reproduction is lower, the restrictions on these gatherings can be relaxed... 1. No indoor gathering may take place in the State, whether on public or private property, unless it adheres to all of the following rules: a. The number of individuals at the gathering shall be limited to 25% of the capacity of the room in which it takes place, but regardless of the capacity of the room, such limit shall never be larger than 50 persons or smaller than 10 persons; b. All attendees at the gathering must wear face coverings at all times…

Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense)

Citation: Governor Philip D. Murphy, Executive Order No. 152 (June 9, 2020) (Ex. SEC-16-021) Open the exhibit

Ex. SEC-16-016
Emergency Executive Order 20-74

Continuing to Safely Reopen Minnesota's Economy and Ensuring Safe Non-Work Activities during the COVID-19 Peacetime Emergency

Governor Tim Walz, Minnesota (State)

Dates
In force from June 10, 2020 to Nov. 20, 2020 (issued June 5, 2020)
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitGathering capEvents and venues
Functions reached
WS 25%/250 indoor continued; EV indoor social gatherings 10, outdoor 25
Grade
Confirmed from a secondary source
Days in this quarter
21 (in force on the last day)

Citation: Governor Tim Walz, Emergency Executive Order 20-74 (June 5, 2020) (Ex. SEC-16-016)

Ex. SEC-16-069
Proclamation 30 JBE 2020

Public Health Emergency COVID-19 (gatherings over 50 prohibited; closures)

Governor John Bel Edwards, Louisiana (State)

Dates
In force from Mar. 16, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Business closureGathering cap
Functions reached
WS and EV gatherings over 50 prohibited (churches included)
Grade
Confirmed from a secondary source
Days in this quarter
107 (in force on the last day)

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

Citation: Governor John Bel Edwards, Proclamation 30 JBE 2020 (Mar. 16, 2020) (Ex. SEC-16-069)

Ex. SEC-16-122
Addendum 2 to Executive Order 01-20

Restrictions on gatherings of 50 or more; closure of bars and restaurants to in-person service

Governor Phil Scott, Vermont (State)

Dates
In force from Mar. 17, 2020 to Mar. 21, 2020 (issued Mar. 16, 2020)
Quarters
2020 Q2
Limitations
Business closureGathering cap
Grade
Confirmed from a secondary source
Days in this quarter
5

Enforcement: 20 V.S.A. 8, 9

Citation: Governor Phil Scott, Addendum 2 to Executive Order 01-20 (Mar. 16, 2020) (Ex. SEC-16-122)

Ex. SEC-16-066
Executive Order 14 FY 19/20

An Order Regarding Further Restrictions on Public Contact and Movement, Schools, Vehicle Travel and Retail Business Operations (gatherings of more than 10; faith-based events)

Governor Janet T. Mills, Maine (State)

Dates
In force from Mar. 18, 2020 to June 1, 2020
Quarters
2020 Q2
Limitations
Business closureGathering cap
Functions reached
WS faith-based events over 10 prohibited (recited in Ex. SEC-16-036)
Grade
Confirmed from a secondary source
Days in this quarter
76

Enforcement: 37-B M.R.S. 786 (Class E crime)

Citation: Governor Janet T. Mills, Executive Order 14 FY 19/20 (Mar. 18, 2020) (Ex. SEC-16-066)

Ex. SEC-16-020
Order concerning mass gatherings

Order (Mass Gatherings)

Cabinet for Health and Family Services, Department for Public Health (Secretary Eric C. Friedlander), Kentucky (State)

Dates
In force from Mar. 19, 2020 to July 20, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Gathering capEvents and venues
Functions reached
WS all faith-based gatherings prohibited; EV fundraisers and conventions prohibited; FC
Grade
Primary source read
Days in this quarter
104 (in force on the last day)

1. All mass gatherings are hereby prohibited. 2. Mass gatherings include any event or convening that brings together groups of individuals, including, but not limited to, community, civic, public, leisure, faith-based, or sporting events; parades; concerts; festivals; conventions; fundraisers; and similar activities. 3. For the avoidance of doubt, a mass gathering does not include normal operations at airports, bus and train stations, medical facilities, libraries, shopping malls and centers... typical office environments, factories, or retail or grocery stores.

Enforcement: KRS 39A.990; KRS 212.990 (misdemeanor)

Citation: Cabinet for Health and Family Services, Department for Public Health (Secretary Eric C. Friedlander), Order concerning mass gatherings (Mar. 19, 2020) (Ex. SEC-16-020) Open the exhibit

Ex. SEC-16-100
Executive Order No. 107

Stay at Home; closure of non-essential retail; cancellation of gatherings; telework

Governor Philip D. Murphy, New Jersey (State)

Dates
In force from Mar. 21, 2020 to June 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
WS worship gatherings cancelled (enforced against Lakewood and other gatherings); EV all social events cancelled; OP telework accommodation required; CB stay-home
Grade
Primary source read
Days in this quarter
102 (in force on the last day)

5. Gatherings of individuals, such as parties, celebrations, or other social events, are cancelled, unless otherwise authorized by any part of this Order. The State Director of Emergency Management, who is the Superintendent of the State Police, shall have the discretion to make clarifications and issue orders related to this provision.... [Para. 2: residents shall remain home except for enumerated purposes including] leaving the home for an educational, religious, or political reason.

Enforcement: N.J.S.A. App. A:9-49, -50 (disorderly persons offense; up to 6 months and $1,000)

Citation: Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-16-100) Open the exhibit

Ex. SEC-16-056
Executive Order No. 17

An Order to Limit Social Gatherings, Dine-In Service, and Gym Use, and Exposure at Nursing Homes and Similar Facilities

Governor Bill Lee, Tennessee (State)

Dates
In force from Mar. 22, 2020 to Apr. 6, 2020
Quarters
2020 Q2
Limitations
Business closureGathering capHealth care orders
Functions reached
WS and EV social gatherings of 10+ (religious services not expressly excepted until EO 30); CR nursing-home visitation barred
Grade
Primary source read
Days in this quarter
16

a. Persons in the State of Tennessee shall not participate in social gatherings of ten (10) or more people.... e. Persons in the State of Tennessee shall not visit nursing homes, retirement homes, or long-term care or assisted-living facilities [except for essential care].

Enforcement: Tenn. Code Ann. 58-2-120 (Class A misdemeanor)

Citation: Governor Bill Lee, Executive Order No. 17 (Mar. 22, 2020) (Ex. SEC-16-056) Open the exhibit

Ex. SEC-16-014
Executive Order No. 20-12

Stay Home, Save Lives: Ordering Oregonians to Stay at Home, Closing Specified Retail Businesses, Requiring Social Distancing Measures for Other Public and Private Facilities, and Imposing Requirements for Outdoor Areas and Licensed Childcare Facilities

Governor Kate Brown, Oregon (State)

Dates
In force from Mar. 23, 2020 to May 15, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering capSchools and child care
Functions reached
WS worship gatherings outside the home prohibited regardless of size unless six-foot distancing can be maintained (para. 1.a; no faith-based exception in the text); OP non-profit offices ordered to telework to the maximum extent possible; office work prohibited where telework is available (para. 9); FC and RE fraternal organization facilities, senior activity centers, social and private clubs, theaters and youth clubs closed (para. 2); HR; WF; CB stay-home
Grade
Primary source read
Days in this quarter
54

1.... a. Non-essential social and recreational gatherings of individuals outside of a home or place of residence (e.g., parties, celebrations, or other similar gatherings and events) are prohibited immediately, regardless of size, if a distance of at least six feet between individuals cannot be maintained.... e. Failure to comply with any of the provisions of this Executive Order constitutes an imminent threat and creates an immediate danger to public health. Any person found to be in violation of this Executive Order is subject to the penalties described in ORS 401.990.... 2. Pursuant to ORS 433.441(3)(a), (b), (d) and (f), ORS 401.168(1), and ORS 401.188(1) to (3), and effective 12:01 a.m. on March 24, 2020, I prohibit the operation of the following businesses, for which close personal contact is difficult or impossible to avoid: Amusement parks; aquariums; arcades;... fraternal…

Enforcement: ORS 401.990 (recited in para. 1.e); non-compliant businesses and non-profits closed until they demonstrate compliance (paras. 7, 11)

Citation: Governor Kate Brown, Executive Order No. 20-12 (Mar. 23, 2020) (Ex. SEC-16-014) Open the exhibit

Ex. SEC-16-080
Director's Stay at Home Order

Director's Order that All Persons Stay at Home Unless Engaged in Essential Work or Activity

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

Dates
In force from Mar. 23, 2020 to Apr. 6, 2020 (issued Mar. 22, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
WS religious gatherings exempt from the 10-person prohibition (sec. 3 recital) but subject to distancing; FS soup kitchens take-away only; food banks and shelters essential; OP nonprofits covered as businesses; FC weddings and funerals
Grade
Primary source read
Days in this quarter
15

Sec. 11. Businesses covered by this Order.... covered businesses include any for-profit, non-profit, or educational entities, regardless of the nature of the service, the function it performs, or its corporate or entity structure. Sec. 12(d). Organizations that provide charitable and social services. Businesses and religious and secular nonprofit organizations, including food banks, when providing food, shelter, and social services... Sec. 12(e). Religious entities. Religious facilities, entities and groups and religious gatherings, including weddings and funerals.... Sec. 12(o). Restaurants for consumption off-premises... Schools and other entities that typically provide food services to students or members of the public may continue to do so under this Order on the condition that the food is provided to students or members of the public on a pick-up and takeaway basis only. Sec. 5(e).…

Enforcement: R.C. 3701.352, 3701.99 (second-degree misdemeanor)

Citation: Amy Acton, M.D., M.P.H., Director, Ohio Department of Health, Director's Stay at Home Order (Mar. 22, 2020) (Ex. SEC-16-080) Open the exhibit

Ex. SEC-16-109
Proclamation 20-25

Stay Home - Stay Healthy

Governor Jay Inslee, Washington (State)

Dates
In force from Mar. 23, 2020 to Apr. 6, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
WS all spiritual gatherings prohibited regardless of size; EV; OP non-essential nonprofits closed; CB stay-home
Grade
Primary source read
Days in this quarter
15

[I] impose a Stay Home - Stay Healthy Order throughout Washington State by prohibiting all people in Washington State from leaving their homes or participating in social, spiritual and recreational gatherings of any kind regardless of the number of participants, and all non-essential businesses in Washington State from conducting business... which prohibitions shall remain in effect until midnight on April 6, 2020, unless extended.

Enforcement: RCW 43.06.220(5) (gross misdemeanor)

Citation: Governor Jay Inslee, Proclamation 20-25 (Mar. 23, 2020) (Ex. SEC-16-109) Open the exhibit

Ex. SEC-16-111
Executive Order 202.10

Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency (non-essential gatherings of any size cancelled; hospital capacity directives)

Governor Andrew M. Cuomo, New York (State)

Dates
In force from Mar. 23, 2020 to Apr. 22, 2020
Quarters
2020 Q2
Limitations
Gathering capHealth care ordersEvents and venues
Functions reached
WS worship gatherings of any size cancelled Mar. 23-June 5, 2020; EV; FC; CR hospital operations
Grade
Primary source read
Days in this quarter
31

Non-essential gatherings of individuals of any size for any reason (e.g. parties, celebrations or other social events) are canceled or postponed at this time.... The Commissioner of Health is authorized to direct, and shall so direct, all general hospitals, ambulatory surgery centers, office-based surgery practices and diagnostic and treatment centers to increase the number of beds available to patients, including by canceling all elective surgeries and procedures, as the Commissioner of Health shall define.... [directives issued] for the period from the date of this Executive Order through April 22, 2020.

Enforcement: Executive Law 29-a; Public Health Law 12

Citation: Governor Andrew M. Cuomo, Executive Order 202.10 (Mar. 23, 2020) (Ex. SEC-16-111) Open the exhibit

Ex. SEC-16-051
Executive Order No. 1463

Essential businesses; gatherings of 10; dine-in limits

Governor Tate Reeves, Mississippi (State)

Dates
In force from Mar. 24, 2020 to Apr. 3, 2020
Quarters
2020 Q2
Limitations
Business closureGathering cap
Functions reached
WS and EV gatherings over 10 prohibited
Grade
Confirmed from a secondary source
Days in this quarter
11

Citation: Governor Tate Reeves, Executive Order No. 1463 (Mar. 24, 2020) (Ex. SEC-16-051)

Ex. SEC-16-058
Executive Order 20-08

Directive for Hoosiers to Stay at Home

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from Mar. 24, 2020 to Apr. 6, 2020 (issued Mar. 23, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering cap
Functions reached
WS religious facilities essential for remote services; gatherings limited; OP; CB
Grade
Confirmed from a secondary source
Days in this quarter
14

Enforcement: IC 10-14-3-34

Citation: Governor Eric J. Holcomb, Executive Order 20-08 (Mar. 23, 2020) (Ex. SEC-16-058)

Ex. SEC-16-085
Fourth Amended Executive Order 2020-07

Fourth Amended Executive Order 2020-07 (Safer at Home; gatherings; closures)

Governor J. Kevin Stitt, Oklahoma (State)

Dates
In force from Mar. 24, 2020 to Apr. 16, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering capHealth care orders
Functions reached
WS and EV social gatherings over 10 prohibited; CR nursing-home visitation barred; OP non-critical nonprofits closed in community-spread counties; CB vulnerable members ordered home
Grade
Primary source read
Days in this quarter
24

17. Adults over the age of sixty-five (65) and people of any age who have serious underlying medical conditions... shall stay in their home or place of residence except for working in a critical infrastructure sector... and the conduct of essential errands.... 19. Social gatherings of more than ten people are prohibited.... 20. Effective at 11:59 p.m. on March 25, 2020, all businesses not identified as being within a critical infrastructure sector as defined by the U.S. Department of Homeland Security and located in a county experiencing community spread of COVID-19... shall close.... This shall be effective until April 16, 2020. 21. Visitors are prohibited from entering and visiting patients and residents at nursing homes, long-term care facilities, and retirement homes.

Enforcement: 63 O.S. 683.24; 21 O.S. 1321.1

Citation: Governor J. Kevin Stitt, Fourth Amended Executive Order 2020-07 (Mar. 24, 2020) (Ex. SEC-16-085) Open the exhibit

Ex. SEC-16-094
Executive Order 53

Temporary Restrictions Due to Novel Coronavirus (COVID-19) (gatherings of more than 10 prohibited; closures)

Governor Ralph S. Northam, Virginia (State)

Dates
In force from Mar. 24, 2020 to May 14, 2020 (issued Mar. 23, 2020)
Quarters
2020 Q2
Limitations
Business closureTelework mandateGathering capSchools and child care
Functions reached
WS gatherings of more than 10 prohibited, religious services included (Lighthouse Fellowship prosecution); RE schools closed
Grade
Confirmed from a secondary source
Days in this quarter
52

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

Citation: Governor Ralph S. Northam, Executive Order 53 (Mar. 23, 2020) (Ex. SEC-16-094)

Ex. SEC-16-104
Executive Order 03.23.20.01

Executive Order to Ensure a Safe and Healthy Georgia (gatherings of 10 or more prohibited unless six feet apart; bars closed; medically fragile shelter in place)

Governor Brian P. Kemp, Georgia (State)

Dates
In force from Mar. 24, 2020 to Apr. 6, 2020 (issued Mar. 23, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering cap
Functions reached
WS and EV gatherings of more than 10 persons within six feet prohibited for every non-profit corporation and organization (no religious exception in the text); FC; CB medically fragile members ordered to shelter in place
Grade
Primary source read
Days in this quarter
14

ORDERED: That no business, establishment, corporation, non-profit corporation, or organization shall allow more than ten (10) persons to be gathered at a single location if such gathering requires persons to stand or to be seated within six (6) feet of any other person.... ORDERED: That all businesses which possess a license to operate as or otherwise meet the definition of "Bar" as defined by Code Section 3-1-2(2.1) shall cease operation while this Order is in effect.... ORDERED: That the Department of Public Health shall order certain persons within the State of Georgia who have serious underlying conditions likely to cause an increased spread of COVID-19, if such persons were to become infected, to isolate, quarantine, or shelter in place within their homes or place of residence.... ORDERED: That the Department of Public Health is authorized to mandate the closure of any business…

Enforcement: O.C.G.A. 38-3-7; Department of Public Health authorized to mandate closure of any non-compliant business, corporation, non-profit corporation or organization; Commissioner of Public Safety to assist in enforcement (recited)

Citation: Governor Brian P. Kemp, Executive Order 03.23.20.01 (Mar. 23, 2020) (Ex. SEC-16-104) Open the exhibit

Ex. SEC-16-062
Emergency Order #12

Safer at Home Order

Andrea Palm, Secretary-designee, Department of Health Services, Wisconsin (State)

Dates
In force from Mar. 25, 2020 to Apr. 24, 2020 (issued Mar. 24, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
WS worship gatherings fewer than 10 per room; FS food pantries and shelters essential; FC weddings and funerals capped; OP telework
Grade
Primary source read
Days in this quarter
31

13.... g. Organizations that provide charitable and social services. Businesses and religious and secular nonprofit organizations, including prevocational group supportive employment, food banks and food pantries, when providing food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, individuals who need assistance as a result of this public health emergency, and people with disabilities. h. Weddings, funerals, and religious entities. Religious facilities, entities, groups, and gatherings, and weddings and funerals, except that any gathering shall include fewer than 10 people in a room or confined space at a time and individuals shall adhere to Social Distancing Requirements as much as possible. i. Funeral establishments... except that any gathering shall include fewer than 10 people in a room... 20. Duration. This…

Enforcement: Wis. Stat. 252.25 (imprisonment up to 30 days, fine up to $250)

Citation: Andrea Palm, Secretary-designee, Department of Health Services, Emergency Order #12 (Mar. 24, 2020) (Ex. SEC-16-062) Open the exhibit

Ex. SEC-16-087
Third Supplementary Proclamation

Stay at Home / Work from Home Order

Governor David Y. Ige, Hawaii (State)

Dates
In force from Mar. 25, 2020 to Apr. 30, 2020 (issued Mar. 23, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
WS gatherings of any size prohibited; OP; CB
Grade
Confirmed from a secondary source
Days in this quarter
37

Enforcement: HRS 127A-29 (misdemeanor)

Citation: Governor David Y. Ige, Third Supplementary Proclamation (Mar. 23, 2020) (Ex. SEC-16-087)

Ex. SEC-16-090
Statewide Stay-Home Order (Order to Self-Isolate)

Order to Self-Isolate for the State of Idaho

Governor Brad Little / Director, Idaho Department of Health and Welfare, Idaho (State)

Dates
In force from Mar. 25, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering cap
Functions reached
WS all non-essential gatherings outside the household prohibited; OP; CB
Grade
Confirmed from a secondary source
Days in this quarter
37

Enforcement: Idaho Code 56-1003(7)(c) (misdemeanor)

Citation: Governor Brad Little / Director, Idaho Department of Health and Welfare, Statewide Stay-Home Order (Order to Self-Isolate) (Mar. 25, 2020) (Ex. SEC-16-090)

Ex. SEC-16-101
Executive Order No. 7N

Protection of Public Health and Safety During COVID-19 Pandemic and Response: Restriction of Social and Recreational Gatherings to No More Than 5 People

Governor Ned Lamont, Connecticut (State)

Dates
In force from Mar. 26, 2020 to Apr. 30, 2020
Quarters
2020 Q2
Limitations
Gathering capEvents and venues
Functions reached
WS 49-person cap with distancing; RE and EV youth and social gatherings capped at 5
Grade
Primary source read
Days in this quarter
36

1. Restriction of Social and Recreational Gatherings to No More Than 5 People. Effective immediately, and through April 30, 2020... all such gatherings of six (6) or more people... are prohibited throughout the State of Connecticut, except that religious, spiritual or worship gatherings shall not be subject to such increased restrictions, and shall instead remain subject to the prohibition on gatherings of 50 or more people, provided that they employ reasonable and appropriate distancing measures.

Enforcement: Conn. Gen. Stat. 28-22

Citation: Governor Ned Lamont, Executive Order No. 7N (Mar. 26, 2020) (Ex. SEC-16-101) Open the exhibit

Ex. SEC-16-011
Executive Order No. 121

Stay at Home Order and Strategic Directions for North Carolina in Response to Increasing COVID-19 Cases

Governor Roy Cooper, North Carolina (State)

Dates
In force from Mar. 30, 2020 to May 8, 2020 (issued Mar. 27, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
WS worship gatherings over 10 prohibited; CR pastoral care subject to the gathering limit; FS food banks and shelters essential; OP telework directed
Grade
Primary source read
Days in this quarter
40

9. Organizations that provide charitable and social services. Businesses as well as religious and secular not-for-profit organizations, including food banks, when providing food, shelter, social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, individuals who need assistance as a result of this emergency, and people with disabilities. 10. Religious entities. Religious facilities, entities, groups, gatherings, including funerals. Also, services, counseling, pastoral care, and other activities provided by religious organizations to the members of their faith community. All of these functions are subject to the limitations on events or convenings in Section 3 of this Executive Order.... 2. Businesses operating in CISA identified sectors. Businesses, not-for-profit organizations or educational institutions operating in the federal…

Enforcement: N.C. Gen. Stat. 166A-19.30(d), 14-288.20A (Class 2 misdemeanor)

Citation: Governor Roy Cooper, Executive Order No. 121 (Mar. 27, 2020) (Ex. SEC-16-011) Open the exhibit

Ex. SEC-16-067
Executive Order 20-03-30-01

Amending and Restating the Order of March 23, 2020, Prohibiting Large Gatherings and Events and Closing Senior Centers, and All Non-Essential Businesses and Other Establishments, and Additionally Requiring All Persons to Stay at Home

Governor Lawrence J. Hogan, Jr., Maryland (State)

Dates
In force from Mar. 30, 2020 to May 15, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering cap
Functions reached
WS gatherings over 10 prohibited.; FS senior centers closed
Grade
Confirmed from a secondary source
Days in this quarter
47

Enforcement: Md. Code, Pub. Safety 14-114 (misdemeanor)

Citation: Governor Lawrence J. Hogan, Jr, Executive Order 20-03-30-01 (Mar. 30, 2020) (Ex. SEC-16-067)

Ex. SEC-16-105
Executive Order No. 22

An Order Directing Tennesseans to Stay Home Unless Engaging in Essential Activities to Limit Their Exposure to and Spread of COVID-19

Governor Bill Lee, Tennessee (State)

Dates
In force from Mar. 31, 2020 to Apr. 14, 2020 (issued Mar. 30, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering cap
Functions reached
WS visiting a place of worship permitted subject to the 10-person social-gathering rule of EO 17; FS nonprofits providing food and shelter essential; FC weddings and funerals
Grade
Primary source read
Days in this quarter
15

[Essential Activity includes] f. Visiting a place of worship or attending a wedding or funeral; provided, that the Health Guidelines are followed to the greatest extent practicable. However, it is strongly encouraged that the public celebration component of weddings and funerals be postponed or attended only by close family members... [Essential Services include] 8. Organizations that Provide Charitable and Social Services. This includes, but is not limited to: businesses and religious and secular nonprofit organizations, including food banks, when providing food, shelter, social services, and other necessities of life for economically disadvantaged or individuals otherwise in need, individuals who need assistance as a result of this emergency, or persons with disabilities; 9. Religious and Ceremonial Functions. This includes, but is not limited to: religious facilities, entities…

Enforcement: Tenn. Code Ann. 58-2-120

Citation: Governor Bill Lee, Executive Order No. 22 (Mar. 30, 2020) (Ex. SEC-16-105) Open the exhibit

Ex. SEC-16-052
Executive Order No. 1466

Statewide Shelter in Place

Governor Tate Reeves, Mississippi (State)

Dates
In force from Apr. 3, 2020 to Apr. 27, 2020 (issued Apr. 1, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering cap
Functions reached
WS and EV non-essential gatherings over 10 prohibited; CB stay-home
Grade
Confirmed from a secondary source
Days in this quarter
25

Citation: Governor Tate Reeves, Executive Order No. 1466 (Apr. 1, 2020) (Ex. SEC-16-052)

Ex. SEC-16-054
Executive Order 04.02.20.01

Providing additional guidance for the Public Health State of Emergency (Shelter in Place)

Governor Brian P. Kemp, Georgia (State)

Dates
In force from Apr. 3, 2020 to Apr. 13, 2020 (issued Apr. 2, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
WS gatherings of more than 10 persons within six feet prohibited for every non-profit corporation and organization; in-person services confined to Minimum Basic Operations with 'members or patrons... participat[ing] remotely'; OP non-profits limited to Minimum Basic Operations with mandatory workplace measures; FS food-distribution and mental-health nonprofits Critical Infrastructure; VL volunteers working remotely; CB stay-home on members
Grade
Primary source read
Days in this quarter
11

ORDERED: No business, establishment, corporation, non-profit corporation, organization, or county or municipal government shall allow more than ten (10) persons to be gathered at a single location if such gathering requires persons to stand or to be seated within six (6) feet of any other person. This provision shall not apply to cohabitating persons outside of their homes, family units or roommates residing together in private homes, or entities defined as "Critical Infrastructure" by this Order.... ORDERED: That all residents and visitors of the State of Georgia are required to shelter in place within their homes or places of residence... unless they are: 1. Conducting or participating in Essential Services; 2. Performing Necessary Travel; 3. Are engaged in the performance of, or travel to and from, the performance of Minimum Basic Operations for a business, establishment, corporation…

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

Citation: Governor Brian P. Kemp, Executive Order 04.02.20.01 (Apr. 2, 2020) (Ex. SEC-16-054) Open the exhibit

Ex. SEC-16-091
Stay Home Missouri Order

Order (Stay Home Missouri)

Randall W. Williams, M.D., Director, Department of Health and Senior Services, Missouri (State)

Dates
In force from Apr. 6, 2020 to May 3, 2020 (issued Apr. 3, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeTelework mandateCapacity limitGathering cap
Functions reached
WS and EV gatherings of more than 10 prohibited; OP telework where feasible
Grade
Confirmed from a secondary source
Days in this quarter
28

Enforcement: RSMo 192.320 (Class A misdemeanor)

Citation: Randall W. Williams, M.D., Director, Department of Health and Senior Services, Stay Home Missouri Order (Apr. 3, 2020) (Ex. SEC-16-091)

Ex. SEC-16-055
Executive Order 04.20.20.01

Reviving a Healthy Georgia: in-person Minimum Basic Operations for gyms, fitness centers, bowling alleys, body art studios, barbers, cosmetologists, estheticians and massage therapists from April 24, 2020 under twenty mandatory measures; health-care practices to resume treating patients

Governor Brian P. Kemp, Georgia (State)

Dates
In force from Apr. 24, 2020 to Apr. 30, 2020 (issued Apr. 20, 2020)
Quarters
2020 Q2
Limitations
Business closureCapacity limitWorkplace rules
Functions reached
FC church gyms and fitness facilities reopened Apr. 24, 2020 only as Minimum Basic Operations under the twenty mandatory measures; OP non-profit corporations confined to Minimum Basic Operations; HR worker screening; WF telework for all possible workers
Grade
Primary source read
Days in this quarter
7

ORDERED: That all gyms, fitness centers, bowling alleys, body art studios permitted pursuant to Code Section 31-40-2, businesses registered pursuant to Code Sections 43-10-11 and 43-10-18, estheticians as defined by Code Section 43-10-1(8), hair designers as defined by Code Section 43-10-1(9), and persons licensed to practice massage therapy pursuant to Code Section 43-24A-8, may begin in-person Minimum Basic Operations on Friday, April 24, 2020. All such businesses shall implement measures which mitigate the exposure and spread of COVID-19. Such measures shall include: 1. Screening and evaluating workers who exhibit signs of illness, such as a fever over 100.4 degrees Fahrenheit, cough, or shortness of breath;... 6. Prohibiting gatherings of workers during working hours;... 8. Implementing teleworking for all possible workers;... 16. Enforcing social distancing of non-cohabitating…

Enforcement: O.C.G.A. 38-3-7

Citation: Governor Brian P. Kemp, Executive Order 04.20.20.01 (Apr. 20, 2020) (Ex. SEC-16-055) Open the exhibit

Ex. SEC-16-063
Emergency Order #28

Safer at Home Order (extension)

Andrea Palm, Secretary-designee, Department of Health Services, Wisconsin (State)

Dates
In force from Apr. 24, 2020 to May 13, 2020 (issued Apr. 16, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureTelework mandateGathering cap
Functions reached
WS worship fewer than 10 per room Apr. 24-May 13, 2020; FS; FC; OP
Grade
Primary source read
Days in this quarter
20

h. Weddings, funerals, and religious entities. Religious facilities, entities, groups, and gatherings, and weddings and funerals, except that any gathering shall include fewer than 10 people in a room or confined space at a time... 21. Duration. This Order shall become effective at 8:00 a.m. on Friday, April 24, 2020. This Order shall remain in effect until 8:00 a.m. on Tuesday, May 26, 2020.

Enforcement: Wis. Stat. 252.25

Citation: Andrea Palm, Secretary-designee, Department of Health Services, Emergency Order #28 (Apr. 16, 2020) (Ex. SEC-16-063) Open the exhibit

Ex. SEC-16-057
Executive Order No. 30

An Order Regarding Reopening Businesses and Places of Worship (Tennessee Pledge)

Governor Bill Lee, Tennessee (State)

Dates
In force from Apr. 29, 2020 to May 29, 2020 (issued Apr. 28, 2020)
Quarters
2020 Q2
Limitations
Capacity limitGathering capWorkplace rules
Functions reached
WS worship excepted from the 10-person social-gathering rule; local worship orders barred; FC weddings and funerals
Grade
Primary source read
Days in this quarter
31

3. Places of worship, weddings, and funerals. Religious services, rites, or gatherings, weddings, and funerals are not social gatherings under Paragraph 2, and nothing in this Order mandates closure of a place of worship, or prohibits weddings or funerals as a matter of law. However, places of worship are strongly encouraged to continue to utilize virtual or online services... [and] follow Guidelines to be issued by the Governor's Office of Faith-Based and Community Initiatives... [No local] entity shall issue an order or measure regarding places of worship.

Enforcement: Tenn. Code Ann. 58-2-120

Citation: Governor Bill Lee, Executive Order No. 30 (Apr. 28, 2020) (Ex. SEC-16-057) Open the exhibit

Ex. SEC-16-078
Executive Order 2020-32 (COVID-19 Executive Order No. 30)

Modified Stay at Home Order

Governor J.B. Pritzker, Illinois (State)

Dates
In force from May 1, 2020 to May 29, 2020 (issued Apr. 30, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering capFace-covering requirement
Functions reached
WS 10-person cap on worship; FS charitable and social services essential; OP
Grade
Primary source read
Days in this quarter
29

Sec. 2(3): Pursuant to current guidance from the CDC, any gathering of more than ten people is prohibited unless exempted by this Executive Order. Sec. 2(5)(vi): To engage in the free exercise of religion, provided that such exercise must comply with Social Distancing Requirements and the limit on gatherings of more than ten people in keeping with CDC guidelines for the protection of public health. Religious organizations and houses of worship are encouraged to use online or drive-in services to protect the health and safety of their congregants. Sec. 2(12)(c): Organizations that provide charitable and social services. Businesses and religious and secular nonprofit organizations... when providing food, shelter, and social services...

Enforcement: 20 ILCS 3305/19 (Class A misdemeanor)

Citation: Governor J.B. Pritzker, Executive Order 2020-32 (COVID-19 Executive Order No. 30) (Apr. 30, 2020) (Ex. SEC-16-078) Open the exhibit

Ex. SEC-16-059
Executive Order 20-26

Roadmap to Reopen Indiana (Back on Track Stage 2)

Governor Eric J. Holcomb, Indiana (State)

Dates
In force from May 4, 2020 to May 21, 2020 (issued May 1, 2020)
Quarters
2020 Q2
Limitations
Capacity limitGathering cap
Functions reached
EV social gatherings 25
Grade
Confirmed from a secondary source
Days in this quarter
18

Enforcement: IC 10-14-3-34

Citation: Governor Eric J. Holcomb, Executive Order 20-26 (May 1, 2020) (Ex. SEC-16-059)

Ex. SEC-16-012
Executive Order No. 138

Easing Restrictions on Travel, Business Operations, and Mass Gatherings: Phase 1

Governor Roy Cooper, North Carolina (State)

Dates
In force from May 8, 2020 to May 22, 2020 (issued May 5, 2020)
Quarters
2020 Q2
Limitations
Stay-at-homeCapacity limitGathering cap
Functions reached
WS indoor worship over 10 barred unless outdoor impossible; EV funerals capped at 50
Grade
Primary source read
Days in this quarter
15

Section 6. Mass Gatherings Prohibited. A. Prohibition. Mass Gatherings are prohibited. "Mass Gathering" means an event or convening that brings together more than ten (10) persons at the same time in a single space, such as an auditorium, stadium, arena, conference room, meeting hall, or any other confined indoor or outdoor space. This includes parades, fairs, and festivals. Mass Gatherings do not include gatherings for health and safety, to look for and obtain goods and services, for work, for worship, or exercise of First Amendment rights, or for receiving governmental services.... C. Outdoor meetings if possible. Because the risk of COVID-19 spread is much greater in an indoor setting, any gatherings of more than ten (10) people that are allowed under Subsection 6(A) shall take place outdoors unless impossible. D. Funerals. Notwithstanding the above, and in an effort to promote human…

Enforcement: Class 2 misdemeanor

Citation: Governor Roy Cooper, Executive Order No. 138 (May 5, 2020) (Ex. SEC-16-012) Open the exhibit

Ex. SEC-16-029
Wisconsin Legislature v. Palm, 2020 WI 42, No. 2020AP765-OA

Opinion holding Emergency Order 28 unlawful and unenforceable

Supreme Court of Wisconsin, Wisconsin (Court)

Dates
In force from May 13, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering cap
Functions reached
WS the 'fewer than 10 people in a room' rule for religious gatherings ended May 13, 2020; FS; OP
Grade
Primary source read
Days in this quarter
49 (in force on the last day)

We conclude that Emergency Order 28 is a rule under the controlling precedent of this court... Accordingly, the rulemaking procedures of Wis. Stat. § 227.24 were required to be followed during the promulgation of Order 28. Because they were not, Emergency Order 28 is unenforceable. Furthermore, Wis. Stat. § 252.25 required that Emergency Order 28 be promulgated using the procedures established by the Legislature for rulemaking if criminal penalties were to follow... Because Palm did not follow the law in creating Order 28, there can be no criminal penalties for violations of her order.

Citation: Supreme Court of Wisconsin, Wisconsin Legislature v. Palm, 2020 WI 42, No. 2020AP765-OA (May 13, 2020) (Ex. SEC-16-029) Open the exhibit

Ex. SEC-16-076
COVID-19 Order No. 33

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

Governor Charles D. Baker, Massachusetts (State)

Dates
In force from May 18, 2020 to May 29, 2021
Quarters
2020 Q22020 Q3
Limitations
Business closureCapacity limitFace-covering requirementWorkplace rules
Functions reached
WS places of worship closed to in-person gatherings over 10 under Order No. 13 (Mar. 24-May 17, 2020) and reopened May 18 under mandatory standards; OP general-use offices reopened May 25 (Boston June 1); FC; RE
Grade
Primary source read
Days in this quarter
44 (in force on the last day)

1. Phase I Opening of Businesses and Other Organizations... Beginning May 18, 2020... D. Places of Worship: churches, temples, mosques, and other places of worship... provided they comply with all workplace safety rules and standards issued or maintained pursuant to Section 2 and all other terms of this Order.... Businesses and other organizations not included within categories A-L above remain subject to the restrictions imposed by COVID-19 Order No. 13. 2. Adoption of Workplace Safety Rules... All persons, including employees, customers, and vendors should remain at least six feet apart...; Require face coverings or masks for all employees.

Enforcement: St. 1950, c. 639, sec. 8 (fine or imprisonment); DPH and local boards of health

Citation: Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. SEC-16-076) Open the exhibit

Ex. SEC-16-092
COVID-19 Industry Guidance: Places of Worship and Providers of Religious Services and Cultural Ceremonies

Places of Worship guidance (May 25, 2020; rev. July 29, 2020 with the indoor singing and chanting prohibition; rev. 2021)

California Department of Public Health and Cal/OSHA, California (Sector regulator)

Dates
In force from May 25, 2020 to June 15, 2021 (issued July 29, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirementWorkplace rules
Functions reached
WS 25%/100 (May 25); indoor closure in monitored counties (July 13); singing and chanting prohibited indoors (July 29); Blueprint tiers (Aug. 28)
Grade
Confirmed from a secondary source
Days in this quarter
37 (in force on the last day)

Enforcement: SPHO orders; Health & Safety Code 120295

Citation: California Department of Public Health and Cal/OSHA, COVID-19 Industry Guidance: Places of Worship and Providers of Religious Services and Cultural Ceremonies (July 29, 2020) (Ex. SEC-16-092)

Ex. SEC-16-002
South Bay United Pentecostal Church v. Newsom, No. 19A1044, 140 S. Ct. 1613

Order denying application for injunctive relief (Roberts, C.J., concurring; Kavanaugh, J., dissenting)

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

Dates
In force from May 29, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Capacity limitGathering cap
Functions reached
WS 25%/100 cap sustained
Grade
Primary source read
Days in this quarter
33 (in force on the last day)

The application for injunctive relief presented to JUSTICE KAGAN and by her referred to the Court is denied.... California's... guidelines... currently limit attendance at places of worship to 25% of building capacity or a maximum of 100 attendees.

Citation: Supreme Court of the United States, South Bay United Pentecostal Church v. Newsom, No. 19A1044, 140 S. Ct. 1613 (May 29, 2020) (Ex. SEC-16-002) Open the exhibit

Ex. SEC-16-018
Executive Order No. 7TT

Protection of Public Health and Safety During COVID-19 Pandemic and Response: Modification of Restrictions on Outdoor Gatherings, Religious Gatherings...

Governor Ned Lamont, Connecticut (State)

Dates
In force from May 29, 2020 to Oct. 8, 2020
Quarters
2020 Q22020 Q32020 Q4
Limitations
Capacity limitGathering cap
Functions reached
WS 25%/100 indoor, 150 outdoor; FC; EV
Grade
Primary source read
Days in this quarter
33 (in force on the last day)

c. Effective immediately, the 49-person limit on religious, spiritual and worship gatherings is raised for indoor gatherings to 25% of capacity of the indoor space or a maximum of 100 people, whichever is smaller, and to 150 people for outdoor gatherings, provided in each case that appropriate safety and social distancing measures shall be employed. For any such gathering where participants remain in vehicles with windows closed and at least six (6) feet of space between vehicles, there shall no numerical attendance limit.

Enforcement: Conn. Gen. Stat. 28-22

Citation: Governor Ned Lamont, Executive Order No. 7TT (May 29, 2020) (Ex. SEC-16-018) Open the exhibit

Ex. SEC-16-079
Executive Order 2020-38 (COVID-19 Executive Order No. 36)

Restore Illinois Phase 3

Governor J.B. Pritzker, Illinois (State)

Dates
In force from May 29, 2020 to June 26, 2020
Quarters
2020 Q2
Limitations
Capacity limitGathering capFace-covering requirement
Functions reached
WS 10-person indoor limit converted to a recommendation May 29, 2020; other gatherings over 10 prohibited (RE youth groups, EV fundraisers, FC rentals)
Grade
Primary source read
Days in this quarter
29

d. Limit gatherings. Any gathering of more than ten people is prohibited unless exempted by this Executive Order.... a. Free exercise of religion. This Executive Order does not limit the free exercise of religion. To protect the health and safety of faith leaders, staff, congregants and visitors, religious organizations and houses of worship are encouraged to consult and follow the recommended practices and guidelines from the Illinois Department of Public Health. As set forth in the IDPH guidelines, the safest practices for religious organizations at this time are to provide services online, in a drive-in format, or outdoors... and to limit indoor services to 10 people.

Enforcement: 20 ILCS 3305/19

Citation: Governor J.B. Pritzker, Executive Order 2020-38 (COVID-19 Executive Order No. 36) (May 29, 2020) (Ex. SEC-16-079) Open the exhibit

Ex. SEC-16-074
Proclamation 20-25.4

Safe Start - Stay Healthy (county-by-county phased reopening)

Governor Jay Inslee, Washington (State)

Dates
In force from June 1, 2020 to Sept. 30, 2020 (issued May 31, 2020)
Quarters
2020 Q22020 Q3
Limitations
Capacity limitGathering capWorkplace rules
Functions reached
CR counseling under guidance; FC
Grade
Primary source read
Days in this quarter
30 (in force on the last day)

WHEREAS, many people in Washington State attend religious services on a regular basis, making such services a vital part of the spiritual and mental health of our community, and previous guidance issued related to remote services, drive-in services, counseling, outdoor services, and Phase 2 indoor services, all subject to restrictions outlined in those guidance documents, remain in place and may be further expanded or modified as the science and data support.

Enforcement: RCW 43.06.220(5) (gross misdemeanor)

Citation: Governor Jay Inslee, Proclamation 20-25.4 (May 31, 2020) (Ex. SEC-16-074) Open the exhibit

Ex. SEC-16-072
Interim Guidance for Religious and Funeral Services During the COVID-19 Public Health Emergency

Interim Guidance for Religious and Funeral Services (mandatory 'must' standards; version archived Apr. 26, 2021)

New York State Department of Health (with Empire State Development), New York (Sector regulator)

Dates
In force from June 6, 2020 to June 15, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Capacity limitGathering capFace-covering requirementWorkplace rules
Functions reached
WS capacity, distancing, singing and mask conditions; FC funerals; VL volunteers; HR staff
Grade
Primary source read
Days in this quarter
25 (in force on the last day)

Responsible Parties must ensure that for any religious or funeral service, the congregant/attendee capacity is limited to no more than 50% of the maximum occupancy for a particular area as set by the certification of occupancy for services occurring indoors.... Responsible Parties must ensure that total outdoor capacity for religious or funeral service is limited such that a distance of at least six feet can be maintained... any time employees, volunteers, and/or attendees must come within six feet of another person, (or twelve feet, if singing) acceptable face coverings must be worn.

Enforcement: EO 202 series; Public Health Law 12 (civil penalties)

Citation: New York State Department of Health (with Empire State Development), Interim Guidance for Religious and Funeral Services During the COVID-19 Public Health Emergency (June 6, 2020) (Ex. SEC-16-072) Open the exhibit

Ex. SEC-16-110
Executive Order 202.38

Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency (religious gatherings; Phase 2 regions)

Governor Andrew M. Cuomo, New York (State)

Dates
In force from June 6, 2020 to Sept. 30, 2020
Quarters
2020 Q22020 Q3
Limitations
Capacity limitGathering cap
Functions reached
WS religious gatherings at 25% capacity in Phase 2 regions
Grade
Confirmed from a secondary source
Days in this quarter
25 (in force on the last day)

Enforcement: Executive Law 29-a

Citation: Governor Andrew M. Cuomo, Executive Order 202.38 (June 6, 2020) (Ex. SEC-16-110)

Ex. SEC-16-031
Elkhorn Baptist Church v. Brown, 366 Or. 506, S067736

Opinion directing peremptory writ vacating the Baker County Circuit Court's preliminary injunction

Supreme Court of Oregon, Oregon (Court)

Dates
In force from June 12, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeBusiness closureGathering cap
Functions reached
WS Oregon's gathering and worship limits remained in force after the May 18, 2020 circuit-court injunction was stayed and then vacated
Grade
Primary source read
Days in this quarter
19 (in force on the last day)

Held: The preliminary injunction must be vacated because the circuit court's decision to issue it was based on an erroneous proposition--that, although the Governor had declared the state of emergency under the broad provisions of ORS 401.165, her invocation of the powers specified in ORS 433.441 to 433.452 caused the state of emergency and orders issued thereunder to be subject to the time limitations that apply to states of emergency declared under ORS 433.441 to 433.451. Peremptory writ of mandamus to issue immediately, in terms consistent with this opinion.

Citation: Supreme Court of Oregon, Elkhorn Baptist Church v. Brown, 366 Or. 506, S067736 (June 12, 2020) (Ex. SEC-16-031) Open the exhibit

Ex. SEC-16-095
BOP COVID-19 Action Plan (Phase Two)

Federal Bureau of Prisons COVID-19 Action Plan (updated 3:09 p.m. ET, March 13, 2020)

Federal Bureau of Prisons, U.S. Department of Justice, United States (federal prisons) (Federal)

Dates
In force from Mar. 13, 2020 to Sept. 30, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Gathering capCourts and public officesOther
Functions reached
CR prison chaplaincy and religious-volunteer visitation suspended; VL volunteer programs suspended; FS reentry programs
Grade
Primary source read
Days in this quarter
110 (the whole quarter)

SOCIAL VISITS: Social visits will be suspended for 30 days, at which time the suspension will be reevaluated.... LEGAL VISITS:... while in general, legal visits will be suspended for 30 days, case-by-case accommodation will be [made].... INMATE MOVEMENT: All inmate facility transfers will be suspended for 30 days... OFFICIAL STAFF TRAVEL:... suspended for 30 days... [CONTRACTOR ACCESS:]... only those performing essential services (e.g. medical or mental health care, religious, etc.) or those who perform necessary maintenance on essential systems... will be screened... VOLUNTEERS: Volunteer visits will be suspended for 30 days, at which time the suspension will be reevaluated. Exceptions will be approved by the [Warden]... religious advisor. Volunteers who are approved for access will be screened using the same procedures as staff prior to entry.

Enforcement: Institution access control; 28 C.F.R. 540.40 et seq.

Citation: Federal Bureau of Prisons, U.S. Department of Justice, BOP COVID-19 Action Plan (Phase Two) (Mar. 13, 2020) (Ex. SEC-16-095) Open the exhibit

Ex. SEC-16-089
Executive Order 2020-06

Closure of on-site dining, recreational facilities, health clubs, theaters and entertainment venues

Governor Doug Burgum, North Dakota (State)

Dates
In force from Mar. 20, 2020 to Apr. 6, 2020 (issued Mar. 19, 2020)
Quarters
2020 Q2
Limitations
Business closureTelework mandate
Functions reached
FC and EV church halls used as entertainment venues and church gyms closed; RE
Grade
Primary source read
Days in this quarter
18

1. Effective at 12:00 p.m., Friday March 20, all restaurants, bars, breweries, cafes and similar on-site dining establishments are closed to on-sale/on-site patrons; take-out, delivery, curbside, drive-through or off-sale services may continue; this requirement will continue through Monday, April 6, 2020. 2. Effective at 12:00 p.m., Friday March 20, all recreational facilities, health clubs, athletic facilities and theaters, including movie theater and music or entertainment venues are directed to close and cease operations; This requirement will continue through Monday April 6, 2020. 3. All state agencies and offices are directed to accelerate the transition of non-essential staff members to remote, in-home worksite...

Enforcement: NDCC 37-17.1-21

Citation: Governor Doug Burgum, Executive Order 2020-06 (Mar. 19, 2020) (Ex. SEC-16-089) Open the exhibit

Ex. SEC-16-082
Executive Order 2020-13

Additional Emergency Measures (dispersal of gatherings of three or more)

Governor Henry McMaster, South Carolina (State)

Dates
In force from Mar. 23, 2020 to May 4, 2020
Quarters
2020 Q2
Limitations
Gathering cap
Functions reached
EV and WS gatherings subject to dispersal (churches not closed)
Grade
Confirmed from a secondary source
Days in this quarter
43

Enforcement: S.C. Code 25-1-440(a)(1)

Citation: Governor Henry McMaster, Executive Order 2020-13 (Mar. 23, 2020) (Ex. SEC-16-082)

Ex. SEC-16-086
Emergency Order #16

Prohibition of scheduled gatherings of 10 or more attendees

Governor Christopher T. Sununu, New Hampshire (State)

Dates
In force from Mar. 23, 2020 to June 15, 2020
Quarters
2020 Q2
Limitations
Gathering cap
Functions reached
WS and EV scheduled gatherings of 10 or more prohibited
Grade
Confirmed from a secondary source
Days in this quarter
85

Enforcement: RSA 4:47

Citation: Governor Christopher T. Sununu, Emergency Order #16 (Mar. 23, 2020) (Ex. SEC-16-086)

Ex. SEC-16-017
Executive Order No. 20-18

Temporarily prohibiting mass gatherings of more than ten people to limit the spread of COVID-19 (applying the limit to religious gatherings and funerals)

Governor Laura Kelly, Kansas (State)

Dates
In force from Apr. 8, 2020 to May 3, 2020 (issued Apr. 7, 2020)
Quarters
2020 Q2
Limitations
Gathering cap
Functions reached
WS 10-person limit applied to religious services; EV funerals
Grade
Confirmed from a secondary source
Days in this quarter
26

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

Citation: Governor Laura Kelly, Executive Order No. 20-18 (Apr. 7, 2020) (Ex. SEC-16-017)

Ex. SEC-16-028
Kelly v. Legislative Coordinating Council, No. 122,765, 310 Kan. 1

Opinion holding the LCC's revocation of EO 20-18 without authority

Supreme Court of Kansas, Kansas (Court)

Dates
In force from Apr. 11, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Gathering cap
Functions reached
WS EO 20-18's 10-person limit on religious gatherings reinstated for Easter 2020
Grade
Primary source read
Days in this quarter
81 (in force on the last day)

[The LCC] purported to revoke one executive order. We are asked to determine whether it acted within its lawful authority. We hold that it did not.... its plain text did not authorize the LCC to revoke Executive Order 20-18.... [We do not decide] whether Executive Order 20-18 was a legally valid or constitutional exercise of the Governor's authority, despite its limitation on religious gatherings.

Citation: Supreme Court of Kansas, Kelly v. Legislative Coordinating Council, No. 122,765, 310 Kan. 1 (Apr. 11, 2020) (Ex. SEC-16-028) Open the exhibit

Ex. SEC-16-009
Maryville Baptist Church, Inc. v. Beshear, No. 20-5427, 957 F.3d 610

Order granting injunction pending appeal as to drive-in services

United States Court of Appeals for the Sixth Circuit, United States (Kentucky orders) (Court)

Dates
In force from May 2, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Gathering cap
Functions reached
WS drive-in and in-person worship prohibited under the Mar. 19 and Mar. 25, 2020 orders
Grade
Primary source read
Days in this quarter
60 (in force on the last day)

On April 12, Maryville Baptist Church held a drive-in Easter service. Congregants... [Kentucky State Police] recorded congregants' license plate numbers... [The Church] moves for an injunction pending appeal... [granted as to drive-in services].

Enforcement: Kentucky State Police notices and quarantine orders on Easter attendees

Citation: United States Court of Appeals for the Sixth Circuit, Maryville Baptist Church, Inc. v. Beshear, No. 20-5427, 957 F.3d 610 (May 2, 2020) (Ex. SEC-16-009) Open the exhibit

Ex. SEC-16-010
Roberts v. Neace, No. 20-5465, 958 F.3d 409 (per curiam)

Order granting injunction pending appeal as to in-person worship

United States Court of Appeals for the Sixth Circuit, United States (Kentucky orders) (Court)

Dates
In force from May 9, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeGathering cap
Functions reached
WS in-person worship banned Mar. 19-May 20, 2020
Grade
Primary source read
Days in this quarter
53 (in force on the last day)

By order of the Kentucky Governor, however, they may not attend 'faith-based' 'mass gatherings' through May 20.... The first order, issued on March 19, prohibits '[a]ll mass gatherings,' 'including, but not limited to, community, civic, public, leisure, faith-based, or sporting events.'... On May 8, a district court from the Western District of Kentucky issued an order preliminarily enjoining the Governor from enforcing the orders' ban on in-person worship.

Citation: United States Court of Appeals for the Sixth Circuit, Roberts v. Neace, No. 20-5465, 958 F.3d 409 (per curiam) (May 9, 2020) (Ex. SEC-16-010) Open the exhibit

Ex. SEC-16-027
Elim Romanian Pentecostal Church v. Pritzker, No. 20-1811, 962 F.3d 341

Opinion affirming denial of injunction

United States Court of Appeals for the Seventh Circuit (Easterbrook, J.), United States (Illinois orders) (Court)

Dates
In force from June 16, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Gathering cap
Functions reached
WS 10-person cap Mar. 21-May 28, 2020
Grade
Primary source read
Days in this quarter
15 (in force on the last day)

Two churches contend... [that limiting worship services] to ten persons violates their rights under the Free Exercise Clause.... 'All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited... Pursuant to current guidance from the CDC, any gathering of more than ten people is prohibited unless exempted by this Executive Order.' Executive Order 2020-32 sec. 2(3) (Apr. 30, 2020).

Citation: United States Court of Appeals for the Seventh Circuit (Easterbrook, J.), Elim Romanian Pentecostal Church v. Pritzker, No. 20-1811, 962 F.3d 341 (June 16, 2020) (Ex. SEC-16-027) Open the exhibit

Ex. SEC-16-008
Spell v. Edwards, No. 20-30358, 962 F.3d 175

Opinion dismissing appeal as moot

United States Court of Appeals for the Fifth Circuit, United States (Louisiana orders) (Court)

Dates
In force from June 18, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Stay-at-homeGathering cap
Functions reached
WS Louisiana 10-person gathering limit Mar. 23-May 14, 2020
Grade
Primary source read
Days in this quarter
13 (in force on the last day)

[Proclamation No. 33 JBE 2020] also 'postponed or cancelled' 'gatherings of 10 people or more'... He extended the order again on April 30. La. Exec. Dep't, Proclamation No. 52 JBE 2020.... [Phase 1, 58 JBE 2020; Phase 2, 74 JBE 2020]... the requests for injunctive relief... are moot.

Enforcement: Pastor Spell was charged with six misdemeanor counts for holding services

Citation: United States Court of Appeals for the Fifth Circuit, Spell v. Edwards, No. 20-30358, 962 F.3d 175 (June 18, 2020) (Ex. SEC-16-008) Open the exhibit

Ex. SEC-16-036
Calvary Chapel of Bangor v. Mills, No. 20-1507, 984 F.3d 21

Opinion dismissing appeal for lack of appellate jurisdiction

United States Court of Appeals for the First Circuit, United States (Maine orders) (Court)

Dates
In force from Dec. 22, 2020 to Dec. 31, 2020
Quarters
2020 Q22020 Q4
Limitations
Gathering cap
Functions reached
WS Maine 10-person cap on faith-based events from Mar. 18, 2020
Grade
Primary source read
Days in this quarter
0

Executive Order 14, issued on March 18, prohibited gatherings of more than ten people for any 'social, personal, [or] discretionary events,' including 'faith-based events.' Executive Order 19, issued on March 24, authorized 'Essential Businesses and Operations' to exceed the ten-person gathering limit... we dismiss the appeal without prejudice for lack of appellate jurisdiction.

Citation: United States Court of Appeals for the First Circuit, Calvary Chapel of Bangor v. Mills, No. 20-1507, 984 F.3d 21 (Dec. 22, 2020) (Ex. SEC-16-036) Open the exhibit

Ex. SEC-16-065
Addendum 3 to Executive Order 01-20

Suspension of all Non-Essential Adult Elective Surgery and Medical and Surgical Procedures

Governor Phil Scott, Vermont (State)

Dates
In force from Mar. 20, 2020 to Apr. 15, 2020
Quarters
2020 Q2
Limitations
Health care orders
Functions reached
CR hospital chaplaincy volumes and visitation conditions (indirect)
Grade
Primary source read
Days in this quarter
27

[T]he Governor has determined it is necessary to suspend all non-essential adult elective surgery and medical and surgical procedures, including all dental procedures.

Enforcement: 20 V.S.A. 8, 9

Citation: Governor Phil Scott, Addendum 3 to Executive Order 01-20 (Mar. 20, 2020) (Ex. SEC-16-065) Open the exhibit

Ex. SEC-16-121
Addendum 5 to Executive Order 01-20

Order to Work From Home for all Businesses and Non-Profits

Governor Phil Scott, Vermont (State)

Dates
In force from Mar. 23, 2020 to Apr. 15, 2020
Quarters
2020 Q2
Limitations
Telework mandate
Functions reached
OP nonprofit offices to telework to the maximum extent possible; HR; WF
Grade
Primary source read
Days in this quarter
24

[I] hereby order, effective on Monday, March 23, 2020 at 8:00 p.m., all businesses and not-for-profit entities in the state to put into place, to the maximum extent possible, telecommuting or work from home procedures. This Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020.

Enforcement: 20 V.S.A. 8, 9

Citation: Governor Phil Scott, Addendum 5 to Executive Order 01-20 (Mar. 23, 2020) (Ex. SEC-16-121) Open the exhibit

Ex. SEC-16-088
Executive Order 2020-12

Executive Order directing individuals, employers and enclosed retail businesses to implement COVID-19 measures

Governor Kristi Noem, South Dakota (State)

Dates
In force from Apr. 6, 2020 to Apr. 28, 2020
Quarters
2020 Q2
Limitations
Telework mandateSchools and child careWorkplace rules
Functions reached
OP and HR nonprofit employers' workplace measures; WF telework; RE schools closed for the year
Grade
Primary source read
Days in this quarter
23

All employers, both for profit and not-for-profit, within the State of South Dakota shall: 6. Implement the recommended CDC hygiene practices and other business strategies designed to reduce the likelihood of spreading the disease (staggering shifts, flexible schedules, employee screenings, etc.).... 9. Encourage staff to telework if possible, implement social distancing measures, limit unnecessary work gatherings, limit non-essential travel... Any 'enclosed retail business that promotes public gatherings' within the State of South Dakota shall: 11. Suspend or modify business practices as recommended by CDC guidance that involve ten or more people to be in an enclosed space where physical separation of at least six feet is not possible.

Enforcement: SDCL 34-48A-64

Citation: Governor Kristi Noem, Executive Order 2020-12 (Apr. 6, 2020) (Ex. SEC-16-088) Open the exhibit

Ex. SEC-16-113
Memorandum for the Assistant Attorney General for Civil Rights and All United States Attorneys: Balancing Public Safety with the Preservation of Civil Rights

Attorney General memorandum (Apr. 27, 2020)

Attorney General William P. Barr, U.S. Department of Justice, United States (Federal)

Dates
In force from Apr. 27, 2020 to June 30, 2020
Quarters
2020 Q2
Limitations
Other
Functions reached
Context: the federal government's own recognition (Apr. 27, 2020) that State and local orders imposed 'reasonable and temporary restrictions' on religious institutions
Grade
Primary source read
Days in this quarter
65 (in force on the last day)

Now, I am directing each of our United States Attorneys to also be on the lookout for state and local directives that could be violating the constitutional rights and civil liberties of individual citizens.... even in times of emergency, when reasonable and temporary restrictions are placed on rights, the First Amendment and federal statutory law prohibit discrimination against religious institutions and religious believers.... I am therefore directing the Assistant Attorney General for Civil Rights, Eric Dreiband, and Matthew Schneider, the U.S. Attorney for the Eastern District of Michigan, to oversee and coordinate our efforts to monitor state and local policies and, if necessary, take action to correct them.

Enforcement: Internal DOJ directive

Citation: Attorney General William P. Barr, U.S. Department of Justice, Memorandum for the Assistant Attorney General for Civil Rights and All United States Attorneys: Balancing Public Safety with the Preservation of Civil Rights (Apr. 27, 2020) (Ex. SEC-16-113) 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-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-332
General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-333
General Order 72-6

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

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

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

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

Enforcement: court order

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

Ex. FED-154
QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

Ex. FED-006
Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020)

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

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

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

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

Enforcement: Predicate and funding instrument

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

Ex. FED-202
Proclamation 9993

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

President Donald J. Trump, United States (Federal)

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

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

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

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

Ex. FED-203
Proclamation 9996

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

President Donald J. Trump, United States (Federal)

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

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

Enforcement: Sec. 3 implementation by State and DHS

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

Ex. FED-311
Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

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

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

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

Enforcement: court order

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

Ex. FED-367
Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

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

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

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

Enforcement: VA program guidance to participants

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

Ex. FED-194
Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency

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

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

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

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

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

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

Ex. FED-070
Executive Order 13909

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

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

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

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

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

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

Ex. FED-265
OMB Memorandum M-20-17

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

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

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

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

Enforcement: OMB directive to awarding agencies

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

Ex. FED-292
Order of March 19, 2020, 589 U.S. (Order List)

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

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

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

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

Enforcement: order of the Court

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

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

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

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

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

Enforcement: USDA program requirements

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

Ex. FED-034
CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')

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

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

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

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

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

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

Ex. FED-039
Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40)

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

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

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

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

Enforcement: 42 U.S.C. § 271

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

Ex. FED-132
FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)

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

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

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

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

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

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

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

ExhibitCitationDatesLimitations
Ex. FED-192The 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, 2020Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-097CMS, 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, 2020Business closureGathering capHealth care orders
Ex. FED-027Centers 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, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-028Centers 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-157CMS, 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, 2021Capacity limitGathering capHealth care orders
Ex. FED-290Supreme 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, 2021Business closureCourts and public offices
Ex. FED-390Bureau 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, 2020Business closure
Ex. FED-391U.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, 2020Business closureCourts and public offices
Ex. FED-398U.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-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-393U.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-010Alex 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-200President 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-180Secretary 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-181Secretary 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, 2021Emergency declarationHealth care orders
Ex. FED-001President 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-160Centers 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-182Secretary 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, 2021Emergency declarationSupply chain
Ex. FED-201President 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-096CMS, 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, 2021Health care orders
Ex. FED-088OSHA, 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, 2021Workplace rules
Ex. FED-098CMS, 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, 2021Health 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 Religious Organizations and Nonprofits

Ex. SEC-16-093
Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021)

Blueprint for a Safer Economy tier chart (places-of-worship row)

California Department of Public Health (State Public Health Officer), California (State)

Dates
In force from Aug. 31, 2020 to June 15, 2021 (issued Aug. 28, 2020)
Quarters
2020 Q32020 Q42021 Q12021 Q2
Limitations
Business closureCapacity limitGathering capEvents and venues
Functions reached
WS tier caps (Tier 1 indoor prohibition Aug. 31, 2020-Feb. 5, 2021 per Ex. SEC-16-004; 25% from Feb. 6, 2021); recommendations from Apr. 12, 2021; EV private events and gatherings rows; FC
Grade
Primary source read
Days in this quarter
31 (in force on the last day)

Places of Worship^: [Tier 1 Widespread] Outdoor encouraged; Indoor strongly discouraged, allowed with modifications; Max 25% capacity. [Tier 2 Substantial] Open indoors with modifications; Max 25% capacity. [Tier 3 Moderate] Open indoors with modifications; Max 50% capacity. [Tier 4 Minimal] Open indoors with modifications; Max 50% capacity.... Updated on April 12, 2021: ^Location and capacity limits on places of worship are not mandatory but are strongly recommended.

Enforcement: Health & Safety Code 120295; SPHO orders

Citation: California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093) Open the exhibit

Ex. SEC-16-022
Executive Order No. 183

Resuming indoor dining and increasing indoor gathering limits for religious services and other protected activities

Governor Philip D. Murphy, New Jersey (State)

Dates
In force from Sept. 4, 2020 to Nov. 16, 2020 (issued Sept. 1, 2020)
Quarters
2020 Q32020 Q4
Limitations
Capacity limitGathering capEvents and venues
Functions reached
WS 25%/150; FC weddings and funerals; EV other indoor events 25%/25
Grade
Primary source read
Days in this quarter
27 (in force on the last day)

4.... the number of individuals at indoor gatherings that are not religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services shall be limited to 25 percent of the capacity of the room in which it takes place, but... such limit shall never be larger than 25 persons or smaller than 10 persons. The number of individuals at indoor gatherings that are religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services shall be limited to 25 percent of the capacity of the room in which it takes place, but regardless of the capacity of the room, such limit shall never be larger than 150 persons or smaller than 10 persons.

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

Citation: Governor Philip D. Murphy, Executive Order No. 183 (Sept. 1, 2020) (Ex. SEC-16-022) Open the exhibit

Ex. SEC-16-042
Order amending the Mass Gatherings Order

Order (July 20, 2020)

Cabinet for Health and Family Services, Department for Public Health, Kentucky (State)

Dates
In force from July 20, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Gathering capEvents and venues
Functions reached
EV and RE gatherings of more than 10 prohibited (youth groups, small groups, fundraisers); WS houses of worship governed by the Healthy at Work requirements as entities permitted to reopen
Grade
Primary source read
Days in this quarter
73 (in force on the last day)

1. The March 19, 2020, Order... concerning mass gatherings, as previously amended by the May 9, May 20, and June 29, 2020, Orders... is hereby further amended as follows. 2. Effective 5 p.m. on July 20, 2020, gatherings must be limited to 10 people or fewer.... 3. For the avoidance of doubt, this Order does not apply to or otherwise restrict entities such as restaurants, in-person retail establishments, public-facing businesses, venue and events spaces, or other businesses permitted to reopen pursuant to other Orders... However, such entities must comply with the requirements set forth for those entities in applicable Orders. 4. The Mass Gatherings Order remains in full force and effect except as amended herein.

Enforcement: KRS 39A.990; 212.990

Citation: Cabinet for Health and Family Services, Department for Public Health, Order amending the Mass Gatherings Order (July 20, 2020) (Ex. SEC-16-042) Open the exhibit

Ex. SEC-16-003
Calvary Chapel Dayton Valley v. Sisolak, No. 19A1070, 140 S. Ct. 2603

Order denying application (Alito, Gorsuch, Kavanaugh, JJ., dissenting)

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

Dates
In force from July 24, 2020 to Sept. 30, 2020
Quarters
2020 Q3
Limitations
Capacity limitGathering cap
Functions reached
WS 50-person cap (Directive 021) sustained through Q3 2020
Grade
Primary source read
Days in this quarter
69 (in force on the last day)

The application for injunctive relief presented to JUSTICE KAGAN and by her referred to the Court is denied. [Dissent:] A church, synagogue, or mosque, regardless of its size, may not admit more than 50 persons, but casinos and certain other favored facilities may admit 50% of their maximum occupancy.

Citation: Supreme Court of the United States, Calvary Chapel Dayton Valley v. Sisolak, No. 19A1070, 140 S. Ct. 2603 (July 24, 2020) (Ex. SEC-16-003) Open the exhibit

Ex. SEC-16-030
Wisconsin Council of Religious and Independent Schools (WCRIS) v. Heinrich, 2021 WI 52, No. 2020AP1420-OA

Opinion holding Dane County Emergency Order #9 (school closure) beyond the health officer's authority

Supreme Court of Wisconsin, Wisconsin (Dane County order) (Court)

Dates
In force from Sept. 10, 2020 to Dec. 31, 2020 (issued June 11, 2021)
Quarters
2020 Q32020 Q4
Limitations
Gathering capSchools and child care
Functions reached
RE religious schools grades 3-12 closed by Order #9 (Aug. 21, 2020) until the Sept. 10, 2020 injunction
Grade
Primary source read
Days in this quarter
21 (in force on the last day)

[The petitions challenge] the authority of Janel Heinrich, in her capacity as a local health officer... to issue an emergency order closing all schools in Dane County for in-person instruction in grades 3-12.... The Petitioners contend that the Order exceeds Heinrich's statutory authority under § 252.03 and violates their fundamental right to the free exercise of religion under Article I, Section 18 of the Wisconsin Constitution, as well as parents' fundamental right to direct the upbringing and education of their children under Article I, Section 1 of the Wisconsin Constitution.

Citation: Supreme Court of Wisconsin, Wisconsin Council of Religious and Independent Schools (WCRIS) v. Heinrich, 2021 WI 52, No. 2020AP1420-OA (June 11, 2021) (Ex. SEC-16-030) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. SEC-16-106Governor Kate Brown, Executive Order No. 20-25 (May 14, 2020) (Ex. SEC-16-106)In force from May 15, 2020 to July 6, 2020 (issued May 14, 2020)Business closureCapacity limitGathering cap
Ex. SEC-16-016Governor Tim Walz, Emergency Executive Order 20-74 (June 5, 2020) (Ex. SEC-16-016)In force from June 10, 2020 to Nov. 20, 2020 (issued June 5, 2020)Capacity limitGathering capEvents and venues
Ex. SEC-16-020Cabinet for Health and Family Services, Department for Public Health (Secretary Eric C. Friedlander), Order concerning mass gatherings (Mar. 19, 2020) (Ex. SEC-16-020)In force from Mar. 19, 2020 to July 20, 2020Gathering capEvents and venues
Ex. SEC-16-100Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-16-100)In force from Mar. 21, 2020 to June 30, 2021Stay-at-homeBusiness closureTelework mandateGathering cap
Ex. SEC-16-076Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. SEC-16-076)In force from May 18, 2020 to May 29, 2021Business closureCapacity limitFace-covering requirementWorkplace rules
Ex. SEC-16-092California Department of Public Health and Cal/OSHA, COVID-19 Industry Guidance: Places of Worship and Providers of Religious Services and Cultural Ceremonies (July 29, 2020) (Ex. SEC-16-092)In force from May 25, 2020 to June 15, 2021 (issued July 29, 2020)Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-16-018Governor Ned Lamont, Executive Order No. 7TT (May 29, 2020) (Ex. SEC-16-018)In force from May 29, 2020 to Oct. 8, 2020Capacity limitGathering cap
Ex. SEC-16-074Governor Jay Inslee, Proclamation 20-25.4 (May 31, 2020) (Ex. SEC-16-074)In force from June 1, 2020 to Sept. 30, 2020 (issued May 31, 2020)Capacity limitGathering capWorkplace rules
Ex. SEC-16-072New York State Department of Health (with Empire State Development), Interim Guidance for Religious and Funeral Services During the COVID-19 Public Health Emergency (June 6, 2020) (Ex. SEC-16-072)In force from June 6, 2020 to June 15, 2021Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-16-110Governor Andrew M. Cuomo, Executive Order 202.38 (June 6, 2020) (Ex. SEC-16-110)In force from June 6, 2020 to Sept. 30, 2020Capacity limitGathering cap
Ex. SEC-16-095Federal Bureau of Prisons, U.S. Department of Justice, BOP COVID-19 Action Plan (Phase Two) (Mar. 13, 2020) (Ex. SEC-16-095)In force from Mar. 13, 2020 to Sept. 30, 2021Gathering capCourts and public officesOther

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

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

Ex. FED-339
Eighth Amended General Order 20-0012

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

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

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

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

Enforcement: court order

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

Ex. FED-303
Standing Order 20-17

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

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

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

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

Enforcement: court order

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

Ex. FED-266
OMB Memorandum M-20-18

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

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

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

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

Enforcement: OMB directive to contracting officers

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

Ex. FED-104
FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)

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

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

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

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

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

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

Ex. FED-147
FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)

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

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

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

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

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

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

Ex. FED-267
OMB Memorandum M-20-19

Harnessing Technology to Support Mission Continuity

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

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

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

Enforcement: OMB directive

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

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

ExhibitCitationDatesLimitations
Ex. FED-027Centers 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, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-157CMS, 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, 2021Capacity limitGathering capHealth care orders
Ex. FED-030Centers 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, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-290Supreme 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, 2021Business closureCourts and public offices
Ex. FED-390Bureau 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, 2020Business closure
Ex. FED-398U.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-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-154CMS, 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, 2021Gathering capHealth care orders
Ex. FED-010Alex 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-200President 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-180Secretary 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-181Secretary 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, 2021Emergency declarationHealth care orders
Ex. FED-001President 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-160Centers 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-182Secretary 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, 2021Emergency declarationSupply chain
Ex. FED-201President 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-096CMS, 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, 2021Health care orders
Ex. FED-088OSHA, 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, 2021Workplace rules
Ex. FED-098CMS, 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, 2021Health care orders
Ex. FED-006President 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, 2023Emergency declaration
Ex. FED-202President 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-203President 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-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-367Department 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, 2021Other
Ex. FED-194HHS 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, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-265Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)In force from Mar. 19, 2020 to Dec. 31, 2020Other
Ex. FED-292Supreme 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, 2021Courts and public offices
Ex. FED-381U.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, 2020Other
Ex. FED-034Centers 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, 2021Travel and quarantine
Ex. FED-039Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)In force from Mar. 20, 2020 to Oct. 13, 2020Travel and quarantine
Ex. FED-132President 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, 2023Emergency declaration

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

Regulators of Religious Organizations and Nonprofits

Ex. SEC-16-073
Executive Order 202.68

Continuing Temporary Suspension and Modification of Laws Relating to the Disaster Emergency (Cluster Action Initiative)

Governor Andrew M. Cuomo, New York (State)

Dates
In force from Oct. 6, 2020 to Dec. 28, 2020
Quarters
2020 Q42021 Q1
Limitations
Business closureTelework mandateCapacity limitGathering capSchools and child care
Functions reached
WS 25%/10, 33%/25, 50% caps; RE schools closed in red zones; OP 100% workforce reduction in red zones; EV
Grade
Primary source read
Days in this quarter
84

[Red zones:] Non-essential gatherings of any size shall be postponed or cancelled; all non-essential businesses, as determined by the Empire State Development Corporation based upon published guidance, shall reduce in-person workforce by 100%; houses of worship shall be subject to a capacity limit of 25% of maximum occupancy or 10 people, whichever is fewer;... and the local Department of Health shall direct closure of all schools for in-person instruction, except as otherwise provided in Executive Order. [Orange zones:] Non-essential gatherings shall be limited to 10 people;... houses of worship shall be subject to a maximum capacity limit of the lesser of 33% of maximum occupancy or 25 people, whichever is fewer;... [Yellow zones:] Non-essential gatherings shall be limited to no more than 25 people; houses of worship shall be subject to a capacity limit of 50% of its maximum occupancy…

Enforcement: Executive Law 29-a; Public Health Law 12 (fines up to $15,000 per day for gatherings)

Citation: Governor Andrew M. Cuomo, Executive Order 202.68 (Oct. 6, 2020) (Ex. SEC-16-073) Open the exhibit

Ex. SEC-16-044
Executive Order No. 196

Reducing indoor gathering limits and outdoor gathering limits

Governor Philip D. Murphy, New Jersey (State)

Dates
In force from Nov. 17, 2020 to Dec. 7, 2020 (issued Nov. 16, 2020)
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capEvents and venues
Functions reached
WS 25%/150 retained; RE and EV other indoor gatherings 10 (youth groups, Bible studies, fundraisers); FC
Grade
Primary source read
Days in this quarter
21

1. Paragraph 4 of Executive Order No. 183 (2020) is hereby rescinded and the number of individuals at indoor gatherings that are not religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services shall be limited to 10 persons. The number of individuals at indoor gatherings that are religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services shall be limited to 25 percent of the capacity of the room in which it takes place, but regardless of the capacity of the room, such limit shall never be larger than 150 persons or smaller than 10 persons. For purposes of this Paragraph, any private residence or residential unit shall be treated as a single "room".

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

Citation: Governor Philip D. Murphy, Executive Order No. 196 (Nov. 16, 2020) (Ex. SEC-16-044) Open the exhibit

Ex. SEC-16-050
Third Amended Public Health Order 20-36 COVID-19 Dial

Third Amended Public Health Order 20-36 (as filed as Exhibit A to the State's Dec. 9, 2020 opposition in No. 20A105)

Colorado Department of Public Health and Environment (Executive Director Jill Hunsaker Ryan), Colorado (State)

Dates
In force from Dec. 7, 2020 to Apr. 16, 2021
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering capEvents and venues
Functions reached
WS houses of worship designated critical (capacity cap removed Dec. 7, 2020 per the State's filing); CR pastoral services in crisis; FS recovery meetings capped at 10; EV weddings and funerals
Grade
Primary source read
Days in this quarter
25 (in force on the last day)

[Critical Businesses include:] Funeral homes, crematoriums, and cemeteries; In-person pastoral services for individuals who are in crisis or in need of end of life services provided Distancing is observed to the greatest extent possible; Houses of Worship and associated ceremonies such as weddings, funerals and baptisms (religious or secular);... In person group counseling or recovery meetings for substance abuse or behavioral health following Distancing of 6 feet and no more than 10 participants.

Enforcement: C.R.S. 25-1-114 (misdemeanor)

Citation: Colorado Department of Public Health and Environment (Executive Director Jill Hunsaker Ryan), Third Amended Public Health Order 20-36 COVID-19 Dial (Dec. 7, 2020) (Ex. SEC-16-050) Open the exhibit

Ex. SEC-16-102
Executive Order No. 9F

Protection of Public Health and Safety During COVID-19 Pandemic: Phase III Reopening Changes for Religious Gatherings

Governor Ned Lamont, Connecticut (State)

Dates
In force from Oct. 8, 2020 to Nov. 6, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering cap
Functions reached
WS 50%/200 indoor; FC
Grade
Primary source read
Days in this quarter
30

1. Amendments to Size Restrictions on Certain Gatherings. Effective on October 8, 2020, Executive Order No. 7TT, Section 2 is amended to provide that religious, spiritual, or worship gatherings, if held indoors, are limited to no more than 50 percent of the building's capacity or a maximum of 200 people, whichever is lower, and such services, if held outdoors, are limited to the number of people that can be accommodated safely by the venue or location provided that all persons present wear masks, unless speaking from designated safe locations, and that a distance of 6 feet is maintained between all persons or groups not from the same household. 2. Extension of Drive-In Worship Services and Graduations. The provisions of Executive Order No. 7XX, Sections 1 and 2, regarding drive-in religious and graduation ceremonies, shall remain in effect. This order shall take effect immediately and…

Enforcement: Conn. Gen. Stat. 28-22

Citation: Governor Ned Lamont, Executive Order No. 9F (Oct. 8, 2020) (Ex. SEC-16-102) Open the exhibit

Ex. SEC-16-023
Capitol Hill Baptist Church v. Bowser, No. 20-cv-2710, 496 F. Supp. 3d 284 (ECF No. 43)

Memorandum Opinion granting preliminary injunction

United States District Court for the District of Columbia (McFadden, J.), District of Columbia (Court)

Dates
In force from Oct. 9, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering cap
Functions reached
WS 10-person (Mar. 24-June 21), 50%/100 (June 22-Oct. 9, 2020) caps on worship indoors and outdoors
Grade
Primary source read
Days in this quarter
84 (in force on the last day)

[T]he District prohibited 'large gatherings' - defined to include events with ten or more persons in an indoor or outdoor space, Mayor's Order 2020-053... On May 27, the District began Phase One... in which gatherings of more than ten people were prohibited. Mayor's Order 2020-067... Phase Two began on June 22... permitting gatherings of up to 50 people. 'Places of worship are encouraged to continue providing virtual services'; if they meet in person, they may 'operate with expanded capacity limits' - the fewer of 50 percent capacity or 100 persons.... These limits are the same whether the gathering takes place indoors or outside.... [The Church's motion for a preliminary injunction is granted.]

Enforcement: Civil and administrative penalties; violations of D.C. Code 7-2307 (recited)

Citation: United States District Court for the District of Columbia (McFadden, J.), Capitol Hill Baptist Church v. Bowser, No. 20-cv-2710, 496 F. Supp. 3d 284 (ECF No. 43) (Oct. 9, 2020) (Ex. SEC-16-023) Open the exhibit

Ex. SEC-16-049
Executive Order No. 9L

Protection of Public Health and Safety During COVID-19 Pandemic: Extension of Currently Effective Executive Orders

Governor Ned Lamont, Connecticut (State)

Dates
In force from Nov. 9, 2020 to Feb. 9, 2021
Quarters
2020 Q42021 Q1
Limitations
Emergency declarationCapacity limitGathering cap
Functions reached
WS EO 9K's 50%/100 worship cap and all gathering limits continued to Feb. 9, 2021
Grade
Primary source read
Days in this quarter
53 (in force on the last day)

1. Extension of COVID-19 Executive Orders to February 9, 2021.... [all executive orders issued under the March 10 and September 1, 2020 declarations, including the gathering-size and religious-gathering limits,] hereby extended through February 9, 2021, unless earlier modified or terminated.

Enforcement: Conn. Gen. Stat. 28-22

Citation: Governor Ned Lamont, Executive Order No. 9L (Nov. 9, 2020) (Ex. SEC-16-049) Open the exhibit

Ex. SEC-16-024
Emergency Order: Gatherings and Face Mask Order (Pause to Save Lives)

Gatherings and Face Mask Order

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

Dates
In force from Nov. 18, 2020 to Mar. 31, 2021 (issued Nov. 15, 2020)
Quarters
2020 Q42021 Q1
Limitations
Business closureGathering capFace-covering requirementSchools and child care
Functions reached
EV indoor non-residential gatherings prohibited; RE high schools remote
Grade
Confirmed from a secondary source
Days in this quarter
44 (in force on the last day)

Enforcement: MCL 333.2261 (misdemeanor); civil fine up to $1,000

Citation: Michigan Department of Health and Human Services (Director Robert Gordon), Emergency Order: Gatherings and Face Mask Order (Pause to Save Lives) (Nov. 15, 2020) (Ex. SEC-16-024)

Ex. SEC-16-001
Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, 141 S. Ct. 63 (per curiam)

Order granting application for injunctive relief

Supreme Court of the United States, United States (New York orders) (Court)

Dates
In force from Nov. 25, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitations
Gathering capEvents and venues
Functions reached
WS worship caps (10/25) enjoined as to applicants; caps remained enforceable against non-parties until Dec. 28, 2020
Grade
Primary source read
Days in this quarter
37 (in force on the last day)

The application for injunctive relief presented to JUSTICE BREYER and by him referred to the Court is granted. Respondent is enjoined from enforcing Executive Order 202.68's 10- and 25-person occupancy limits on applicant pending disposition of the appeal in the United States Court of Appeals for the Second Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically.... In red zones, no more than 10 persons may attend each religious service, and in orange zones, attendance is capped at 25.

Enforcement: Injunction against enforcement as to the applicants

Citation: Supreme Court of the United States, Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, 141 S. Ct. 63 (per curiam) (Nov. 25, 2020) (Ex. SEC-16-001) Open the exhibit

Ex. SEC-16-037
Agudath Israel of America v. Cuomo, No. 20A90 (miscellaneous order)

Order granting application in part

Supreme Court of the United States, United States (New York orders) (Court)

Dates
In force from Nov. 25, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering cap
Functions reached
WS EO 202.68 fixed caps enjoined as to Agudath affiliates
Grade
Primary source read
Days in this quarter
37 (in force on the last day)

The application for injunctive relief presented to Justice Breyer and by him referred to the Court is granted in part. Respondent is enjoined from enforcing Executive Order 202.68's 10- and 25-person occupancy limits on applicants, including Agudath Israel of America's current New York-based affiliates, pending disposition of the appeal in the United States Court of Appeals for the Second Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically.

Citation: Supreme Court of the United States, Agudath Israel of America v. Cuomo, No. 20A90 (miscellaneous order) (Nov. 25, 2020) (Ex. SEC-16-037) Open the exhibit

Ex. SEC-16-038
Harvest Rock Church v. Newsom, No. 20A94 (miscellaneous order)

Order granting certiorari before judgment, vacating and remanding

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

Dates
In force from Dec. 3, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering cap
Functions reached
WS California worship restrictions remanded; remained in force pending remand
Grade
Primary source read
Days in this quarter
29 (in force on the last day)

The application for injunctive relief... is treated as a petition for a writ of certiorari before judgment, and the petition is granted. The September 2 order of the United States District Court for the Central District of California is vacated, and the case is remanded... for further consideration in light of Roman Catholic Diocese of Brooklyn v. Cuomo.

Citation: Supreme Court of the United States, Harvest Rock Church v. Newsom, No. 20A94 (miscellaneous order) (Dec. 3, 2020) (Ex. SEC-16-038) Open the exhibit

Ex. SEC-16-045
Executive Order No. 204

Reducing outdoor gathering limit; extending indoor youth sports pause

Governor Philip D. Murphy, New Jersey (State)

Dates
In force from Dec. 5, 2020 to Mar. 31, 2021 (issued Nov. 30, 2020)
Quarters
2020 Q42021 Q1
Limitations
Gathering capEvents and venues
Functions reached
EV outdoor gatherings 25 with religious exemption; WS indoor 25%/150 continued
Grade
Primary source read
Days in this quarter
27 (in force on the last day)

An outdoor gathering that is a religious service or celebration, political activity, wedding ceremony, funeral, or memorial service [is not subject to the 25-person outdoor limit]... [indoor limits of EO 196 remain] in effect.

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

Citation: Governor Philip D. Murphy, Executive Order No. 204 (Nov. 30, 2020) (Ex. SEC-16-045) Open the exhibit

Ex. SEC-16-006
Calvary Chapel Dayton Valley v. Sisolak, 982 F.3d 1228 (9th Cir. Dec. 15, 2020)

Opinion reversing and remanding with instructions to enjoin

United States Court of Appeals for the Ninth Circuit, United States (Nevada orders) (Court)

Dates
In force from Dec. 15, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering cap
Functions reached
WS Directive 021 (50 persons) May 29-Sept. 30, 2020; Directive 035 (25%/50) Nov. 24, 2020-Dec. 15, 2020
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

The specific emergency directive challenged here is Directive 021, which Governor Sisolak issued on May 28, 2020.... Directive 035, which is currently in effect, limits houses of worship to "the lesser of 25% of the listed fire code capacity or 50 persons." In contrast, it imposes only a 25% limit on commercial entities such as casinos... We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1), and we reverse.... [and] preliminarily enjoin the State from imposing attendance limitations on in-person services in houses of worship that are less favorable than 25% of the fire-code capacity.

Citation: United States Court of Appeals for the Ninth Circuit, Calvary Chapel Dayton Valley v. Sisolak, 982 F.3d 1228 (9th Cir. Dec. 15, 2020) (Ex. SEC-16-006) Open the exhibit

Ex. SEC-16-039
Robinson v. Murphy, No. 20A95 (miscellaneous order; order list of Dec. 15, 2020)

Order treating the application as a petition for certiorari before judgment, granting it, vacating the Oct. 2, 2020 order of the District of New Jersey and remanding in light of Roman Catholic Diocese of Brooklyn v. Cuomo

Supreme Court of the United States, United States (New Jersey orders) (Court)

Dates
In force from Dec. 15, 2020 to Dec. 31, 2020
Quarters
2020 Q4
Limitations
Capacity limitGathering cap
Functions reached
WS New Jersey's 25%/150 indoor cap on religious services (EO 183, Ex. SEC-16-022; EO 196, Ex. SEC-16-044) remanded for reconsideration; the cap remained in force
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

The application for injunctive relief, presented to Justice Alito and by him referred to the Court, is treated as a petition for a writ of certiorari before judgment, and the petition is granted. The October 2 order of the United States District Court for the District of New Jersey is vacated, and the case is remanded to the United States Court of Appeals for the Third Circuit with instructions to remand to the District Court for further consideration in light of Roman Catholic Diocese of Brooklyn v. Cuomo, 592 U. S. ___ (2020).

Citation: Supreme Court of the United States, Robinson v. Murphy, No. 20A95 (miscellaneous order; order list of Dec. 15, 2020) (Ex. SEC-16-039) Open the exhibit

Ex. SEC-16-034
Harvest Rock Church, Inc. v. Newsom, No. 20-56357

Order on the emergency motion for injunction pending appeal: response due Dec. 28 and reply Dec. 29, 2020, without temporary relief before Christmas (O'Scannlain, J., concurring in part and dissenting in part)

United States Court of Appeals for the Ninth Circuit, United States (California orders) (Court)

Dates
In force from Dec. 23, 2020 to Feb. 5, 2021
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering cap
Functions reached
WS California's Tier 1 prohibition on indoor worship remained enforceable through Christmas 2020 and until the Supreme Court's order of Feb. 5, 2021 (Ex. SEC-16-004)
Grade
Primary source read
Days in this quarter
9 (in force on the last day)

The court has received appellants' emergency motion for injunction pending appeal. The response to the motion is due at 9:00 a.m. Pacific Time on December 28, 2020. The optional reply in support of the motion is due at 9:00 a.m. Pacific Time on December 29, 2020. [O'Scannlain, J., concurring in part and dissenting in part:] I strongly object to our failure to accommodate, even in a temporary fashion, Harvest Rock Church's request for relief from California's severe restrictions on indoor worship services by December 24.... Harvest Rock Church's claims against California's restrictions appear strong.

Citation: United States Court of Appeals for the Ninth Circuit, Harvest Rock Church, Inc. v. Newsom, No. 20-56357 (Dec. 23, 2020) (Ex. SEC-16-034) Open the exhibit

Ex. SEC-16-026
Agudath Israel of America v. Cuomo; Roman Catholic Diocese of Brooklyn v. Cuomo, Nos. 20-3572, 20-3590, 983 F.3d 620

Opinion reversing and remanding for preliminary injunctions

United States Court of Appeals for the Second Circuit, United States (New York orders) (Court)

Dates
In force from Dec. 28, 2020 to Mar. 31, 2021
Quarters
2020 Q42021 Q1
Limitations
Capacity limitGathering cap
Functions reached
WS EO 202.68 fixed caps (10/25) enjoined; percentage caps (25%/33%) remanded
Grade
Primary source read
Days in this quarter
4 (in force on the last day)

With respect to the Diocese's appeal, No. 20-3590, we REVERSE and REMAND with directions for the district court to issue a preliminary injunction prohibiting the Governor from enforcing the Order's 10- and 25-person capacity limits. With respect to Agudath Israel's appeal, No. 20-3572, we REVERSE in part and REMAND for the issuance of a preliminary injunction as to those fixed capacity limits. We also VACATE the district court's denial of Agudath Israel's motion for a preliminary injunction as to the Order's 25% and 33% capacity limits, and REMAND for the district court to determine in the first instance whether those limits should be enjoined in light of the Supreme Court's decision and this opinion.

Citation: United States Court of Appeals for the Second Circuit, Agudath Israel of America v. Cuomo; Roman Catholic Diocese of Brooklyn v. Cuomo, Nos. 20-3572, 20-3590, 983 F.3d 620 (Dec. 28, 2020) (Ex. SEC-16-026) Open the exhibit

Ex. SEC-16-025
Emergency Order: Gatherings and Face Mask Order

Gatherings and Face Mask Order

Michigan Department of Health and Human Services, Michigan (State)

Dates
In force from Oct. 29, 2020 to Nov. 18, 2020
Quarters
2020 Q4
Limitations
Gathering capFace-covering requirement
Functions reached
EV indoor non-residential gatherings 50 without fixed seating
Grade
Confirmed from a secondary source
Days in this quarter
21

Enforcement: MCL 333.2261

Citation: Michigan Department of Health and Human Services, Emergency Order: Gatherings and Face Mask Order (Oct. 29, 2020) (Ex. SEC-16-025)

Ex. SEC-16-041
Executive Order 2020-969

State of Emergency (public and private school in-person instruction)

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
Gathering capSchools and child care
Functions reached
RE parochial and private religious schools closed to in-person instruction; WF parents
Grade
Primary source read
Days in this quarter
39 (in force on the last day)

1. All public and private elementary, middle, and high schools (kindergarten through grade 12) shall cease in-person instruction and transition to remote or virtual instruction beginning November 23, 2020. 2. All middle and high schools (grades 6 through 12) shall remain in remote or virtual instruction and not resume in-person instruction prior to January 4, 2021. 3. For the period from December 7, 2020 to January 4, 2020 [sic], all elementary schools (kindergarten through grade 5) may reopen for in-person instruction, provided: a. The school is not located in a Red Zone County...; and b. The school follows all expectations in the KDE Healthy at School Guidance... 5. This Order shall apply to all institutions of public and private elementary and secondary education, but does not apply to private schools conducted in a home solely for members of that household.

Enforcement: KRS 39A.990

Citation: Governor Andy Beshear, Executive Order 2020-969 (Nov. 18, 2020) (Ex. SEC-16-041) Open the exhibit

Ex. SEC-16-032
Commonwealth ex rel. Danville Christian Academy, Inc. v. Beshear, No. 20-6341, 981 F.3d 505

Order granting stay of the preliminary injunction

United States Court of Appeals for the Sixth Circuit, United States (Kentucky orders) (Court)

Dates
In force from Nov. 29, 2020 to Jan. 4, 2021
Quarters
2020 Q42021 Q1
Limitations
Gathering capSchools and child care
Functions reached
RE religious schools closed to in-person instruction Nov. 23, 2020-Jan. 4, 2021
Grade
Primary source read
Days in this quarter
33 (in force on the last day)

Executive Order 2020-969... prohibits in-person instruction at all public and private elementary and secondary schools in the Commonwealth... elementary schools may, under certain circumstances, reopen for in-person instruction between December 7, 2020 and January 4, 2021; middle and high schools, however, may reopen for in-person instruction no sooner than January 4, 2021.... The Governor's motion will therefore be granted.

Citation: United States Court of Appeals for the Sixth Circuit, Commonwealth ex rel. Danville Christian Academy, Inc. v. Beshear, No. 20-6341, 981 F.3d 505 (Nov. 29, 2020) (Ex. SEC-16-032) Open the exhibit

Ex. SEC-16-033
Monclova Christian Academy v. Toledo-Lucas County Health Department, No. 20-4300, 984 F.3d 477

Order granting injunction pending appeal

United States Court of Appeals for the Sixth Circuit, United States (Toledo-Lucas County, Ohio order) (Court)

Dates
In force from Dec. 31, 2020 to Jan. 11, 2021
Quarters
2020 Q4
Limitations
Business closureSchools and child care
Functions reached
RE religious schools grades 7-12 closed Dec. 4-31, 2020 (to Jan. 11, 2021 by its terms)
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

[The Department] issued a resolution closing every school in the county - public, private, and more to the point here, parochial - for grades 7-12, effective December 4.... Yet - in the same county - gyms, tanning salons, office buildings, and a large casino have remained open.... [The plaintiffs' motion for an injunction pending appeal is granted.]

Citation: United States Court of Appeals for the Sixth Circuit, Monclova Christian Academy v. Toledo-Lucas County Health Department, No. 20-4300, 984 F.3d 477 (Dec. 31, 2020) (Ex. SEC-16-033) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. SEC-16-093California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093)In force from Aug. 31, 2020 to June 15, 2021 (issued Aug. 28, 2020)Business closureCapacity limitGathering capEvents and venues
Ex. SEC-16-016Governor Tim Walz, Emergency Executive Order 20-74 (June 5, 2020) (Ex. SEC-16-016)In force from June 10, 2020 to Nov. 20, 2020 (issued June 5, 2020)Capacity limitGathering capEvents and venues
Ex. SEC-16-022Governor Philip D. Murphy, Executive Order No. 183 (Sept. 1, 2020) (Ex. SEC-16-022)In force from Sept. 4, 2020 to Nov. 16, 2020 (issued Sept. 1, 2020)Capacity limitGathering capEvents and venues
Ex. SEC-16-020Cabinet for Health and Family Services, Department for Public Health (Secretary Eric C. Friedlander), Order concerning mass gatherings (Mar. 19, 2020) (Ex. SEC-16-020)In force from Mar. 19, 2020 to July 20, 2020Gathering capEvents and venues
Ex. SEC-16-100Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-16-100)In force from Mar. 21, 2020 to June 30, 2021Stay-at-homeBusiness closureTelework mandateGathering cap
Ex. SEC-16-092California Department of Public Health and Cal/OSHA, COVID-19 Industry Guidance: Places of Worship and Providers of Religious Services and Cultural Ceremonies (July 29, 2020) (Ex. SEC-16-092)In force from May 25, 2020 to June 15, 2021 (issued July 29, 2020)Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-16-018Governor Ned Lamont, Executive Order No. 7TT (May 29, 2020) (Ex. SEC-16-018)In force from May 29, 2020 to Oct. 8, 2020Capacity limitGathering cap
Ex. SEC-16-072New York State Department of Health (with Empire State Development), Interim Guidance for Religious and Funeral Services During the COVID-19 Public Health Emergency (June 6, 2020) (Ex. SEC-16-072)In force from June 6, 2020 to June 15, 2021Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-16-095Federal Bureau of Prisons, U.S. Department of Justice, BOP COVID-19 Action Plan (Phase Two) (Mar. 13, 2020) (Ex. SEC-16-095)In force from Mar. 13, 2020 to Sept. 30, 2021Gathering capCourts and public officesOther
Ex. SEC-16-030Supreme Court of Wisconsin, Wisconsin Council of Religious and Independent Schools (WCRIS) v. Heinrich, 2021 WI 52, No. 2020AP1420-OA (June 11, 2021) (Ex. SEC-16-030)In force from Sept. 10, 2020 to Dec. 31, 2020 (issued June 11, 2021)Gathering capSchools and child care
Ex. SEC-16-036United States Court of Appeals for the First Circuit, Calvary Chapel of Bangor v. Mills, No. 20-1507, 984 F.3d 21 (Dec. 22, 2020) (Ex. SEC-16-036)In force from Dec. 22, 2020 to Dec. 31, 2020Gathering cap

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

Federal layer

Ex. FED-060
Executive Order 13991

Protecting the Federal Workforce and Requiring Mask-Wearing, 86 Fed. Reg. 7045 (Jan. 25, 2021)

President Joseph R. Biden, Jr., United States (federal buildings and lands; federal employees and on-site contractors) (Federal)

Dates
In force from Jan. 20, 2021 to May 9, 2023
Quarters
2021 Q12021 Q22021 Q3
Limitations
Gathering capFace-covering requirementWorkplace rules
Functions reached
CS client meetings at federal sites (professional services); JS federal construction sites; DL/SV field service at federal facilities; CT federal courthouses and agency offices (masking and distancing conditions on entry); MK federally hosted meetings
Grade
Primary source read
Days in this quarter
71 (in force on the last day)

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

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

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

Ex. FED-270
Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, United States (executive branch; all federal buildings and federal lands) (Federal)

Dates
In force from Jan. 24, 2021 to June 10, 2021
Quarters
2021 Q12021 Q2
Limitations
Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Functions reached
OF federal workplaces capped at 25 percent occupancy; CS visitors to federal buildings minimized and screened; PJ on-site contractors masked and screened; TR official travel limited to mission-critical trips; MK federal attendance at meetings and events curtailed
Grade
Primary source read
Days in this quarter
67 (in force on the last day)

agencies should immediately require masks and distancing consistent with current CDC guidance in all Federal buildings... Unless it is physically impossible or poses a threat to critical national security interests, generally speaking, occupancy in Federal workplaces should be no more than 25% of normal capacity during periods of significant or high community transmission... No Federal workplace should operate above 25% of normal occupancy standards at any given time during periods of high community prevalence or transmission.

Enforcement: EO 13991 § 2 compliance requirement for employees, on-site contractors and all persons in federal buildings; agency COVID-19 Coordination Teams

Citation: Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270) Open the exhibit

Ex. FED-296
Tenth Amended General Order 20-0012

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

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

Dates
In force from Feb. 12, 2021 to Apr. 5, 2021
Quarters
2021 Q12021 Q2
Limitations
Gathering capCourts and public offices
Functions reached
CT Chicago's federal court: no jury trials Mar. 17, 2020 - Apr. 5, 2021, in ten successive orders; CS
Grade
Primary source read
Days in this quarter
48 (in force on the last day)

it is hereby ORDERED:... 2. All civil and criminal jury trials are suspended until April 5, 2021.... 9. All public gatherings are suspended at both the Everett McKinley Dirksen U.S. Courthouse in Chicago and the Stanley J. Roszkowski U.S. Courthouse in Rockford...

Enforcement: court order

Citation: Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296) Open the exhibit

Ex. FED-155
QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19

QSO-20-39-NH (REVISED 03/10/2021)

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

Dates
In force from Mar. 10, 2021 to Apr. 27, 2021
Quarters
2021 Q12021 Q2
Limitations
Gathering capHealth care orders
Functions reached
VS visitation (indoor visitation to be allowed at all times except the three limiting scenarios)
Grade
Primary source read
Days in this quarter
22 (in force on the last day)

Enforcement: F-tag F563

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155) Open the exhibit

Ex. FED-305
Standing Order 21-02

In re: Further Suspension of In-Person Judicial Proceedings and Limitations of Grand Jury Proceedings Due to COVID-19

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

Dates
In force from Mar. 17, 2021 to June 1, 2021
Quarters
2021 Q12021 Q2
Limitations
Business closureCourts and public offices
Functions reached
CT
Grade
Primary source read
Days in this quarter
15 (in force on the last day)

WHEREAS, in response to the continuing pandemic, on January 19, 2021, the Governor [of New Jersey extended the public health emergency]...; [the Court] remains in Phase Three of its Recovery Guidelines, mandating the wearing of face coverings,... [the suspension of in-person proceedings] remains in effect until March 17, 2021,... [the Court] found it necessary to continue all civil and criminal jury selections and jury trials to March 12, [2021]...

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305) Open the exhibit

Ex. FED-008
Memorandum of February 2, 2021

Maximizing Assistance From the Federal Emergency Management Agency To Respond to COVID-19, 86 Fed. Reg. 8281 (Feb. 5, 2021)

President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), United States (Federal)

Dates
In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate
Grade
Primary source read
Days in this quarter
90 (the whole quarter)

FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B, pursuant to sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act... performed from January 21, 2021, through September 30, 2021. (b) FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B... performed from January 20, 2020, through January 20, 2021.

Enforcement: Funding directive

Citation: President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008) Open the exhibit

Ex. FED-071
Executive Order 13910

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

President Donald J. Trump, United States (Federal)

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

Sec. 2. Delegation of Authority to Prevent Hoarding. (a) The Secretary is delegated the following: (i) the authority of the President conferred by section 102 of the Act to prevent hoarding of health and medical resources necessary to respond to the spread of COVID-19 within the United States, including the authority to prescribe conditions with respect to the accumulation of such resources, and to designate any material as a scarce material, or as a material the supply of which would be threatened by persons accumulating the material either in excess of reasonable demands of business, personal, or home consumption, or for the purpose of resale at prices in excess of prevailing market prices

Enforcement: DPA § 103 criminal penalties (50 U.S.C. § 4513); Department of Justice COVID-19 Hoarding and Price Gouging Task Force

Citation: President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071) Open the exhibit

Ex. FED-099
CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-20-ALL, Prioritization of Survey Activities

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

Dates
In force from Mar. 23, 2020 to May 1, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersCourts and public offices
Functions reached
CT/HR licensure, certification and survey functions of every certified provider (initial certifications, changes of ownership and revisits delayed); IC (focused infection control surveys imposed)
Grade
Primary source read
Days in this quarter
90 (the whole quarter)

On Friday, March 13, 2020, the President declared a national emergency, which triggers the Secretary's ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). [CMS suspends standard surveys and prioritizes survey activity to immediate jeopardy complaints, infection control surveys and other listed categories for a three-week period, then as extended.]

Enforcement: Governs State Survey Agency operations (federal survey and certification)

Citation: CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099) Open the exhibit

Ex. FED-115
FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)

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

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

Dates
In force from Mar. 23, 2020 to May 11, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Emergency declaration
Functions reached
predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade
Primary source read
Days in this quarter
90 (the whole quarter)

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

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

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115) Open the exhibit

Continuing in force from an earlier quarter of this report (31 instruments):

ExhibitCitationDatesLimitations
Ex. FED-157CMS, 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, 2021Capacity limitGathering capHealth care orders
Ex. FED-031Centers 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, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-290Supreme 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, 2021Business closureCourts and public offices
Ex. FED-398U.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-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-154CMS, 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, 2021Gathering capHealth care orders
Ex. FED-339Chief 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, 2021Gathering capCourts and public offices
Ex. FED-303Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)In force from Nov. 25, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-010Alex 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-200President 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-180Secretary 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-181Secretary 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, 2021Emergency declarationHealth care orders
Ex. FED-001President 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-160Centers 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-182Secretary 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, 2021Emergency declarationSupply chain
Ex. FED-201President 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-096CMS, 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, 2021Health care orders
Ex. FED-098CMS, 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, 2021Health care orders
Ex. FED-006President 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, 2023Emergency declaration
Ex. FED-202President 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-203President 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-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-367Department 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, 2021Other
Ex. FED-194HHS 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, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-292Supreme 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, 2021Courts and public offices
Ex. FED-034Centers 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, 2021Travel and quarantine
Ex. FED-132President 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, 2023Emergency declaration
Ex. FED-104President 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, 2023Emergency declaration
Ex. FED-147President 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, 2023Emergency 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 Religious Organizations and Nonprofits

Ex. SEC-16-007
South Bay United Pentecostal Church v. Newsom, No. 20-56358, 985 F.3d 1128

Opinion affirming denial of injunction against the Tier 1 prohibition and the singing ban

United States Court of Appeals for the Ninth Circuit, United States (California orders) (Court)

Dates
In force from Jan. 22, 2021 to Feb. 5, 2021
Quarters
2021 Q1
Limitations
Capacity limitGathering capEvents and venues
Functions reached
WS Tier 1 indoor worship prohibition; singing and chanting ban (choirs, music ministry)
Grade
Primary source read
Days in this quarter
15

The panel affirmed the district court's order denying... a preliminary injunction... to the prohibition on indoor worship under... the State's Tier 1 of the Blueprint for a Safer Economy... [and] California's ban on indoor singing and chanting.

Citation: United States Court of Appeals for the Ninth Circuit, South Bay United Pentecostal Church v. Newsom, No. 20-56358, 985 F.3d 1128 (Jan. 22, 2021) (Ex. SEC-16-007) Open the exhibit

Ex. SEC-16-004
South Bay United Pentecostal Church v. Newsom, No. 20A136, 141 S. Ct. 716

Order granting application in part

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

Dates
In force from Feb. 5, 2021 to June 30, 2021
Quarters
2021 Q12021 Q2
Limitations
Capacity limitGathering capEvents and venues
Functions reached
WS Tier 1 prohibition enjoined; 25% cap and singing/chanting ban left in force
Grade
Primary source read
Days in this quarter
55 (in force on the last day)

Respondents are enjoined from enforcing the Blueprint's Tier 1 prohibition on indoor worship services against the applicants pending disposition of the petition for a writ of certiorari. The application is denied with respect to the percentage capacity limitations, and respondents are not enjoined from imposing a 25% capacity limitation on indoor worship services in Tier 1. The application is denied with respect to the prohibition on singing and chanting during indoor services.

Citation: Supreme Court of the United States, South Bay United Pentecostal Church v. Newsom, No. 20A136, 141 S. Ct. 716 (Feb. 5, 2021) (Ex. SEC-16-004) Open the exhibit

Ex. SEC-16-046
Executive Order No. 230

Increasing capacity limits for indoor dining, gyms, personal care and religious services; raising gathering limits

Governor Philip D. Murphy, New Jersey (State)

Dates
In force from Mar. 19, 2021 to June 30, 2021 (issued Mar. 11, 2021)
Quarters
2021 Q12021 Q2
Limitations
Capacity limitGathering capEvents and venues
Functions reached
WS 50% cap; FC weddings and funerals; EV indoor gatherings 25, wedding receptions 35%
Grade
Primary source read
Days in this quarter
13 (in force on the last day)

3. The number of individuals at indoor gatherings that are religious services or celebrations, including wedding ceremonies, funerals, and memorial services that involve religious services, shall be limited to 50 percent of the capacity of the room in which it takes place, excluding staff of the gathering venue, but regardless of the capacity of the room, such limit shall never be smaller than 25 persons.

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

Citation: Governor Philip D. Murphy, Executive Order No. 230 (Mar. 11, 2021) (Ex. SEC-16-046) Open the exhibit

Ex. SEC-16-103
Executive Order No. 10A

Protection of Public Health and Safety During COVID-19 Pandemic: Extension of COVID-19 Orders, Expiration of Healthcare Facility Immunity and of Certain Orders Affecting Court Operations

Governor Ned Lamont, Connecticut (State)

Dates
In force from Feb. 8, 2021 to Apr. 19, 2021
Quarters
2021 Q12021 Q2
Limitations
Emergency declarationCapacity limitGathering cap
Functions reached
WS the religious-gathering caps of EO 9K (50%/100) and every other gathering rule continued to Apr. 19, 2021 unless earlier modified (Connecticut eliminated capacity limits Mar. 19, 2021); FC; EV; OP agency and municipal emergency orders continued
Grade
Primary source read
Days in this quarter
52 (in force on the last day)

1. Extension of COVID-19 Executive Orders. Except as otherwise provided in this Executive Order No. 10A, all unexpired and currently effective executive orders and individual sections of executive orders issued pursuant to the public health and civil preparedness emergencies declared on March 10, 2020, September 1, 2020 and January 26, 2021 (COVID-19 Orders), whether they are by their terms effective for the duration of such public health and civil preparedness emergencies or any other period of time or are otherwise scheduled to expire on a specific date, are hereby extended through April 19, 2021, unless earlier modified or terminated by me. 2. Extension of Agency and Municipal Emergency Orders. Any unexpired order, rule, regulation, directive or guidance issued by any official, agency, department, municipality, or entity pursuant to an unexpired COVID-19 Order, which by its own terms…

Enforcement: Conn. Gen. Stat. 28-22

Citation: Governor Ned Lamont, Executive Order No. 10A (Feb. 8, 2021) (Ex. SEC-16-103) Open the exhibit

Ex. SEC-16-040
Gateway City Church v. Newsom, No. 20A138 (miscellaneous order)

Order granting injunction pending appeal

Supreme Court of the United States, United States (Santa Clara County, California order) (Court)

Dates
In force from Feb. 26, 2021 to Mar. 31, 2021
Quarters
2021 Q1
Limitations
Gathering cap
Functions reached
WS Santa Clara County prohibition on indoor gatherings including worship enjoined
Grade
Primary source read
Days in this quarter
34 (in force on the last day)

The application for injunctive relief... is granted pending disposition of the appeal... The Ninth Circuit's failure to grant relief was erroneous. This outcome is clearly dictated by this Court's decision in South Bay United Pentecostal Church v. Newsom.

Citation: Supreme Court of the United States, Gateway City Church v. Newsom, No. 20A138 (miscellaneous order) (Feb. 26, 2021) (Ex. SEC-16-040) Open the exhibit

Ex. SEC-16-035
Tandon v. Newsom, No. 21-15228, 992 F.3d 916

Order denying injunction pending appeal

United States Court of Appeals for the Ninth Circuit, United States (California orders) (Court)

Dates
In force from Mar. 30, 2021 to Apr. 9, 2021
Quarters
2021 Q12021 Q2
Limitations
Gathering cap
Functions reached
RE and WS at-home religious gatherings limited to three households
Grade
Primary source read
Days in this quarter
2 (in force on the last day)

The panel denied appellants' motion for an emergency injunction pending appeal, seeking to prohibit the enforcement of California's Covid-19 restrictions on private gatherings and various limitations on businesses as applied to appellants' in-home Bible studies, political activities, and business operations.... because the restrictions prevented them from holding in-home Bible studies and communal worship with more than three households in attendance.... Therefore, we deny the emergency motion for an injunction pending appeal. DENIED.

Citation: United States Court of Appeals for the Ninth Circuit, Tandon v. Newsom, No. 21-15228, 992 F.3d 916 (Mar. 30, 2021) (Ex. SEC-16-035) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. SEC-16-093California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093)In force from Aug. 31, 2020 to June 15, 2021 (issued Aug. 28, 2020)Business closureCapacity limitGathering capEvents and venues
Ex. SEC-16-073Governor Andrew M. Cuomo, Executive Order 202.68 (Oct. 6, 2020) (Ex. SEC-16-073)In force from Oct. 6, 2020 to Dec. 28, 2020Business closureTelework mandateCapacity limitGathering capSchools and child care
Ex. SEC-16-044Governor Philip D. Murphy, Executive Order No. 196 (Nov. 16, 2020) (Ex. SEC-16-044)In force from Nov. 17, 2020 to Dec. 7, 2020 (issued Nov. 16, 2020)Capacity limitGathering capEvents and venues
Ex. SEC-16-050Colorado Department of Public Health and Environment (Executive Director Jill Hunsaker Ryan), Third Amended Public Health Order 20-36 COVID-19 Dial (Dec. 7, 2020) (Ex. SEC-16-050)In force from Dec. 7, 2020 to Apr. 16, 2021Capacity limitGathering capEvents and venues
Ex. SEC-16-100Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-16-100)In force from Mar. 21, 2020 to June 30, 2021Stay-at-homeBusiness closureTelework mandateGathering cap
Ex. SEC-16-092California Department of Public Health and Cal/OSHA, COVID-19 Industry Guidance: Places of Worship and Providers of Religious Services and Cultural Ceremonies (July 29, 2020) (Ex. SEC-16-092)In force from May 25, 2020 to June 15, 2021 (issued July 29, 2020)Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-16-072New York State Department of Health (with Empire State Development), Interim Guidance for Religious and Funeral Services During the COVID-19 Public Health Emergency (June 6, 2020) (Ex. SEC-16-072)In force from June 6, 2020 to June 15, 2021Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-16-049Governor Ned Lamont, Executive Order No. 9L (Nov. 9, 2020) (Ex. SEC-16-049)In force from Nov. 9, 2020 to Feb. 9, 2021Emergency declarationCapacity limitGathering cap
Ex. SEC-16-024Michigan Department of Health and Human Services (Director Robert Gordon), Emergency Order: Gatherings and Face Mask Order (Pause to Save Lives) (Nov. 15, 2020) (Ex. SEC-16-024)In force from Nov. 18, 2020 to Mar. 31, 2021 (issued Nov. 15, 2020)Business closureGathering capFace-covering requirementSchools and child care
Ex. SEC-16-001Supreme Court of the United States, Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, 141 S. Ct. 63 (per curiam) (Nov. 25, 2020) (Ex. SEC-16-001)In force from Nov. 25, 2020 to Mar. 31, 2021Gathering capEvents and venues
Ex. SEC-16-037Supreme Court of the United States, Agudath Israel of America v. Cuomo, No. 20A90 (miscellaneous order) (Nov. 25, 2020) (Ex. SEC-16-037)In force from Nov. 25, 2020 to Mar. 31, 2021Capacity limitGathering cap
Ex. SEC-16-045Governor Philip D. Murphy, Executive Order No. 204 (Nov. 30, 2020) (Ex. SEC-16-045)In force from Dec. 5, 2020 to Mar. 31, 2021 (issued Nov. 30, 2020)Gathering capEvents and venues
Ex. SEC-16-034United States Court of Appeals for the Ninth Circuit, Harvest Rock Church, Inc. v. Newsom, No. 20-56357 (Dec. 23, 2020) (Ex. SEC-16-034)In force from Dec. 23, 2020 to Feb. 5, 2021Capacity limitGathering cap
Ex. SEC-16-026United States Court of Appeals for the Second Circuit, Agudath Israel of America v. Cuomo; Roman Catholic Diocese of Brooklyn v. Cuomo, Nos. 20-3572, 20-3590, 983 F.3d 620 (Dec. 28, 2020) (Ex. SEC-16-026)In force from Dec. 28, 2020 to Mar. 31, 2021Capacity limitGathering cap
Ex. SEC-16-095Federal Bureau of Prisons, U.S. Department of Justice, BOP COVID-19 Action Plan (Phase Two) (Mar. 13, 2020) (Ex. SEC-16-095)In force from Mar. 13, 2020 to Sept. 30, 2021Gathering capCourts and public officesOther
Ex. SEC-16-041Governor Andy Beshear, Executive Order 2020-969 (Nov. 18, 2020) (Ex. SEC-16-041)In force from Nov. 23, 2020 to Jan. 4, 2021 (issued Nov. 18, 2020)Gathering capSchools and child care
Ex. SEC-16-032United States Court of Appeals for the Sixth Circuit, Commonwealth ex rel. Danville Christian Academy, Inc. v. Beshear, No. 20-6341, 981 F.3d 505 (Nov. 29, 2020) (Ex. SEC-16-032)In force from Nov. 29, 2020 to Jan. 4, 2021Gathering capSchools and child care

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):

ExhibitCitationDatesLimitations
Ex. FED-031Centers 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, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-290Supreme 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, 2021Business closureCourts and public offices
Ex. FED-398U.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-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-270Office 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, 2021Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-296Chief 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, 2021Gathering capCourts and public offices
Ex. FED-155CMS, 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, 2021Gathering capHealth care orders
Ex. FED-305Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)In force from Mar. 17, 2021 to June 1, 2021Business closureCourts and public offices
Ex. FED-008President 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-010Alex 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-200President 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-180Secretary 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-181Secretary 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, 2021Emergency declarationHealth care orders
Ex. FED-001President 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-160Centers 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-182Secretary 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, 2021Emergency declarationSupply chain
Ex. FED-201President 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-096CMS, 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, 2021Health care orders
Ex. FED-098CMS, 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, 2021Health care orders
Ex. FED-006President 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, 2023Emergency declaration
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-194HHS 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, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-292Supreme 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, 2021Courts and public offices
Ex. FED-034Centers 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, 2021Travel and quarantine
Ex. FED-132President 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, 2023Emergency declaration
Ex. FED-104President 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, 2023Emergency declaration
Ex. FED-147President 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, 2023Emergency declaration
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-099CMS, 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, 2023Health care ordersCourts and public offices
Ex. FED-115President 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, 2023Emergency 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 Religious Organizations and Nonprofits

Ex. SEC-16-005
Tandon v. Newsom, No. 20A151, 141 S. Ct. 1294 (per curiam)

Order granting injunction pending appeal

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

Dates
In force from Apr. 9, 2021 to June 30, 2021
Quarters
2021 Q2
Limitations
Gathering cap
Functions reached
RE and WS at-home religious gatherings (Bible studies, prayer meetings) limited to three households until enjoined
Grade
Primary source read
Days in this quarter
83 (in force on the last day)

The application for injunctive relief... is granted pending disposition of the appeal... The Ninth Circuit's failure to grant an injunction pending appeal was erroneous.... California limits religious gatherings in homes to three households.

Citation: Supreme Court of the United States, Tandon v. Newsom, No. 20A151, 141 S. Ct. 1294 (per curiam) (Apr. 9, 2021) (Ex. SEC-16-005) Open the exhibit

Ex. SEC-16-047
Executive Order No. 241

Lifting the outdoor mask requirement; continuing face coverings in indoor workplaces and indoor public spaces; no masks required at indoor private gatherings of fewer than 50

Governor Philip D. Murphy, New Jersey (State)

Dates
In force from May 17, 2021 to May 24, 2021
Quarters
2021 Q2
Limitations
Face-covering requirementSchools and child careWorkplace rules
Functions reached
WS and FC indoor face coverings continued in indoor public spaces and indoor workplaces (paras. 4-5) until EO 242; RE parochial schools, church preschools and child care kept under the mask rules of EO 149, 175 and 237 (para. 2); HR and OP indoor workplace masking (para. 4)
Grade
Primary source read
Days in this quarter
8

1. Individuals in outdoor public spaces are not required to wear masks, regardless of their ability to maintain six feet of distance from other individuals or groups, and regardless of their vaccination status. Paragraph 1 of Executive Order No. 163 (2020) is hereby rescinded.... 2. In addition, for purposes of Paragraph 1 of this Order, "outdoor public spaces" do not include child care centers, other child care facilities, youth summer camps, and public, private, and parochial preschool program premises, and elementary and secondary schools, including charter and renaissance schools, which continue to be governed by Executive Orders No. 149 (2020), No. 175 (2020), and No. 237 (2021), and any applicable standards issued by the Commissioner of the DOH.... 4. As provided for in Executive Order No. 192 (2020), all individuals shall continue to wear face coverings in indoor workplaces…

Enforcement: N.J.S.A. App. A:9-49, -50 (para. 10)

Citation: Governor Philip D. Murphy, Executive Order No. 241 (May 17, 2021) (Ex. SEC-16-047) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. SEC-16-093California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093)In force from Aug. 31, 2020 to June 15, 2021 (issued Aug. 28, 2020)Business closureCapacity limitGathering capEvents and venues
Ex. SEC-16-004Supreme Court of the United States, South Bay United Pentecostal Church v. Newsom, No. 20A136, 141 S. Ct. 716 (Feb. 5, 2021) (Ex. SEC-16-004)In force from Feb. 5, 2021 to June 30, 2021Capacity limitGathering capEvents and venues
Ex. SEC-16-046Governor Philip D. Murphy, Executive Order No. 230 (Mar. 11, 2021) (Ex. SEC-16-046)In force from Mar. 19, 2021 to June 30, 2021 (issued Mar. 11, 2021)Capacity limitGathering capEvents and venues
Ex. SEC-16-100Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-16-100)In force from Mar. 21, 2020 to June 30, 2021Stay-at-homeBusiness closureTelework mandateGathering cap
Ex. SEC-16-092California Department of Public Health and Cal/OSHA, COVID-19 Industry Guidance: Places of Worship and Providers of Religious Services and Cultural Ceremonies (July 29, 2020) (Ex. SEC-16-092)In force from May 25, 2020 to June 15, 2021 (issued July 29, 2020)Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-16-072New York State Department of Health (with Empire State Development), Interim Guidance for Religious and Funeral Services During the COVID-19 Public Health Emergency (June 6, 2020) (Ex. SEC-16-072)In force from June 6, 2020 to June 15, 2021Capacity limitGathering capFace-covering requirementWorkplace rules
Ex. SEC-16-103Governor Ned Lamont, Executive Order No. 10A (Feb. 8, 2021) (Ex. SEC-16-103)In force from Feb. 8, 2021 to Apr. 19, 2021Emergency declarationCapacity limitGathering cap
Ex. SEC-16-095Federal Bureau of Prisons, U.S. Department of Justice, BOP COVID-19 Action Plan (Phase Two) (Mar. 13, 2020) (Ex. SEC-16-095)In force from Mar. 13, 2020 to Sept. 30, 2021Gathering capCourts and public officesOther
Ex. SEC-16-035United States Court of Appeals for the Ninth Circuit, Tandon v. Newsom, No. 21-15228, 992 F.3d 916 (Mar. 30, 2021) (Ex. SEC-16-035)In force from Mar. 30, 2021 to Apr. 9, 2021Gathering cap

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):

ExhibitCitationDatesLimitations
Ex. FED-031Centers 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, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-290Supreme 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, 2021Business closureCourts and public offices
Ex. FED-398U.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-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-156CMS, 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, 2021Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-032Centers 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, 2021Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-080Occupational 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, 2021Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-008President 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-010Alex 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-200President 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-180Secretary 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-181Secretary 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, 2021Emergency declarationHealth care orders
Ex. FED-001President 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-160Centers 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-182Secretary 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, 2021Emergency declarationSupply chain
Ex. FED-201President 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-096CMS, 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, 2021Health care orders
Ex. FED-098CMS, 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, 2021Health care orders
Ex. FED-006President 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, 2023Emergency declaration
Ex. FED-311Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)In force from Mar. 16, 2020 to Sept. 30, 2021Courts and public offices
Ex. FED-194HHS 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, 2023Health care ordersOther
Ex. FED-070President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)In force from Mar. 18, 2020 to Sept. 30, 2021Supply chain
Ex. FED-292Supreme 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, 2021Courts and public offices
Ex. FED-034Centers 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, 2021Travel and quarantine
Ex. FED-132President 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, 2023Emergency declaration
Ex. FED-104President 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, 2023Emergency declaration
Ex. FED-147President 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, 2023Emergency declaration
Ex. FED-071President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)In force from Mar. 23, 2020 to Sept. 30, 2021Supply chain
Ex. FED-099CMS, 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, 2023Health care ordersCourts and public offices
Ex. FED-115President 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, 2023Emergency declaration
Ex. FED-118President 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, 2023Emergency declaration
Ex. FED-183Secretary 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, 2021Emergency declarationSupply chain
Ex. FED-074Secretary 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, 2021Supply chain
Ex. FED-109President 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, 2023Emergency 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 Religious Organizations and Nonprofits

Ex. SEC-16-119
Executive Order No. 13A

Protection of Public Health and Safety During COVID-19 Pandemic: Revised Order for Masks and Face Coverings; Effective Date of Legislation Requiring Testing of Nursing Home Staff

Governor Ned Lamont, Connecticut (State)

Dates
In force from Aug. 5, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child careHealth care ordersWorkplace rules
Functions reached
WS unvaccinated congregants, staff and volunteers masked indoors when not distanced; settings listed by the DPH rule masked regardless of vaccination; RE religious schools and church child care reached through the DPH rule under para. 1(b) and the Commissioner of Education / Office of Early Childhood rules preserved by para. 1(f); FS homeless shelters (a setting the recitals name for universal masking); CR nursing-home staff testing (P.A. 21-185 sec. 6 made effective Aug. 5, 2021 instead of Oct. 1); HR employer liable for employees' mask fines; OP
Grade
Primary source read
Days in this quarter
57 (in force on the last day)

1. Revised Mask Requirements. Executive Order No. 12A is repealed. A person while indoors in a public place who does not maintain a safe social distance of approximately six feet from every other person and who is not fully vaccinated for COVID-19 shall cover their mouth and nose with a mask or cloth face covering.... b. The Commissioner of Public Health shall issue a rule setting forth a comprehensive list of facilities, venues, and other locations where masks and cloth face coverings are required, including for people who are vaccinated, and will amend said rule as the Commissioner determines is warranted by public health conditions. i. Any person who fails to wear a mask or cloth-face covering as required by section (b) above... shall be guilty of a violation and fined one hundred dollars. An employer, rather than the employee, is liable for the fine for any employee's failure to wear…

Enforcement: Conn. Gen. Stat. 28-22; $100 fine per violation under para. 1(b)(i), with the employer liable for an employee's failure at work; Conn. Gen. Stat. 51-164n(b) amended to let DPH, local health directors, police and campus public-safety departments issue the fines

Citation: Governor Ned Lamont, Executive Order No. 13A (Aug. 5, 2021) (Ex. SEC-16-119) Open the exhibit

Ex. SEC-16-117
Executive Order No. 251

Requiring face masks in the indoor premises of all public, private and parochial preschool programs and elementary and secondary schools

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
RE parochial and private religious schools and church preschools; HR staff; WF parents
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...

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

Citation: Governor Philip D. Murphy, Executive Order No. 251 (Aug. 6, 2021) (Ex. SEC-16-117) Open the exhibit

Ex. SEC-16-043
Executive Order 2021-585

Executive Order (face coverings in schools and child care)

Governor Andy Beshear, Kentucky (State)

Dates
In force from Aug. 10, 2021 to Sept. 9, 2021
Quarters
2021 Q3
Limitations
Face-covering requirementSchools and child care
Functions reached
RE parochial and private religious schools and church child care; WF employees' children
Grade
Primary source read
Days in this quarter
31

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.... [Recital:] The most recent CDC data show 119 of 120 Kentucky counties is at substantial or high risk of community transmission of COVID-19. The increases in COVID-19 cases and hospitalizations arise as Kentucky schools begin the academic year.

Enforcement: KRS 39A.990

Citation: Governor Andy Beshear, Executive Order 2021-585 (Aug. 10, 2021) (Ex. SEC-16-043) Open the exhibit

Ex. SEC-16-115
Executive Order 2021-20 (COVID-19 Executive Order No. 87)

Executive Order reinstating indoor face-covering requirements and requiring vaccination or testing for health care, school and State workers

Governor J.B. Pritzker, Illinois (State)

Dates
In force from Aug. 30, 2021 to Feb. 28, 2022 (issued Aug. 26, 2021)
Quarters
2021 Q3
Limitations
Face-covering requirementWorkplace rulesVaccination or testing
Functions reached
WS sanctuaries and fellowship halls as indoor public places; RE parochial schools (with EO 2021-18); EV; FS shelters and pantries; FC; VL; HR staff vaccination or testing at church-run schools and health facilities
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 in Illinois who are age two or over and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering when in an indoor public place.... Face coverings may be removed temporarily while actively eating or drinking...

Enforcement: 20 ILCS 3305/19; IDPH enforcement

Citation: Governor J.B. Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. SEC-16-115) Open the exhibit

Ex. SEC-16-118
Executive Order No. 253

Requiring covered workers at public, private and parochial preschool programs and elementary and secondary schools to be fully vaccinated or undergo regular testing

Governor Philip D. Murphy, New Jersey (State)

Dates
In force from Oct. 18, 2021; end: 2022-2023 (rescinded by later orders) (issued Aug. 23, 2021)
Quarters
2021 Q3
Limitations
Schools and child careVaccination or testingOther
Functions reached
HR and RE staff of religious schools and preschools; WF
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, at which time any covered workers that have not provided adequate proof that they are fully vaccinated must submit to a minimum of weekly or twice weekly testing on an ongoing basis until fully vaccinated.

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

Citation: Governor Philip D. Murphy, Executive Order No. 253 (Aug. 23, 2021) (Ex. SEC-16-118) Open the exhibit

Continuing in force from an earlier quarter of this report (1 instrument):

ExhibitCitationDatesLimitations
Ex. SEC-16-095Federal Bureau of Prisons, U.S. Department of Justice, BOP COVID-19 Action Plan (Phase Two) (Mar. 13, 2020) (Ex. SEC-16-095)In force from Mar. 13, 2020 to Sept. 30, 2021Gathering capCourts and public officesOther

Third quarter of 2021: the instruments in force, Religious Organizations and Nonprofits (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):

  • FED-020 CDC conveyance mask order, 86 Fed. Reg. 8025, with FED-051 TSA SD 1582/84-21-01A (to Sept. 13) and FED-052 SD 1582/84-21-01B (Sept. 14, 2021 to Jan. 18, 2022) (WF, VL, CB, CR: every congregant, employee, volunteer and visiting minister commuting by transit)
  • FED-025 CDC eviction moratorium extension (June 24 to July 31, 2021) and FED-026 CDC order for counties with substantial or high transmission (Aug. 3 to Aug. 26, 2021, when vacated by the Supreme Court) (FS: nonprofit housing and transitional-housing providers; CB)
  • FED-156 CMS QSO-20-39-NH rev. Apr. 27, 2021 (nursing-home visitation conditions: screening, testing, outbreak suspension) and 42 C.F.R. 483.80(h) staff testing (FED-092) (CR chaplaincy and visitation; VL)
  • FED-080 OSHA COVID-19 Healthcare ETS, 29 C.F.R. 1910.502 (June 21, 2021; compliance July 6 and 21) (religiously affiliated hospitals, nursing homes, clinics, hospice; CR; HR; OP)
  • SEC-16-095 BOP COVID-19 Action Plan (Mar. 13, 2020) as continued in the Bureau's modified-operations plan: social and volunteer visits and religious-volunteer access controlled institution by institution (CR, VL; Q3 2021 institution-level status verified only as the plan's continuation, see caveats)
  • FED-207 Proclamation 10143 and FED-208 Proclamation 10199 (entry suspensions to Nov. 8, 2021) and the State Department's suspension of routine visa services (CR, HR: missionaries, R-1 religious workers, visiting clergy)
  • FED-063 EO 14042 (Sept. 9, 2021) (nonprofit federal contractors; HR, OP)
  • SEC-16-115 Illinois EO 2021-20 (Aug. 26; eff. Aug. 30, 2021): face coverings in every indoor public place (WS, RE, EV, FS, FC, VL) and IL EO 2021-18 (Aug. 4, 2021) school masks in public and nonpublic schools (RE) (IL-042 and the IL file)
  • SEC-16-117 New Jersey EO 251 (Aug. 6, 2021): masks in 'all public, private, and parochial preschool programs and elementary and secondary schools' (RE, HR, WF); SEC-16-118 EO 253 (Aug. 23, 2021): school personnel vaccination or testing (RE, HR); NJ EO 252 (Aug. 6; eff. Sept. 7, 2021) covered health care and congregate settings (CR; religiously affiliated facilities) (NJ file)
  • SEC-16-119 Connecticut EO 13A (Aug. 5, 2021): masks in schools and child care; nursing-home staff testing from Oct. 1 (RE, CR)
  • Delaware Emergency Order amending 16 Del. Admin. C. 4202 sec. 7.7 (Aug. 13; eff. Aug. 16, 2021): masks in all K-12 schools regardless of vaccination status (RE)
  • Pennsylvania Secretary of Health Order of Aug. 31, 2021 (eff. Sept. 7): face coverings in all schools including private and religious schools and early-learning programs (PA file; held invalid Nov. 10 and Dec. 10, 2021) (RE)
  • New York 10 NYCRR 2.60 (emergency regulation, Aug. 27/Sept. 2, 2021): masks in public and nonpublic schools (NY file) (RE); New York DOH Aug. 26, 2021 health-care-worker vaccination regulation (religiously affiliated hospitals and nursing homes) (CR)
  • Oregon OAR 333-019-1015 (Aug. 2, 2021; K-12 masks incl. private schools) and OAR 333-019-1025 (Aug. 13, 2021; indoor masks in indoor spaces open to the public; outdoor Aug. 27) (OR file) (WS, RE, FS)
  • Washington Secretary of Health Order 20-03.4 and Proclamation 20-25.15 (Aug. 23, 2021): universal indoor masks (WA-078, WA-080) (WS, RE, FS); Washington school and health-care-worker mandates (Aug. 2021)
  • Nevada Directive 047 (July 27; eff. July 30, 2021): indoor masks in substantial- and high-transmission counties (NV file) (WS, RE, FS)
  • New Mexico PHO of Aug. 17, 2021 (masks in all indoor public spaces from Aug. 20; extended Sept. 15) (NM file) (WS, RE, FS)
  • District of Columbia Mayor's Order 2021-097 (July 29; eff. July 31, 2021): indoor masks; DC health-care-worker mandate (DC-057; DC file) (WS, RE, FS, CR)
  • Hawaii Statewide Face Covering Requirement and EO 21-05 (Aug. 10, 2021).
  • California: CDPH K-12 guidance (July 12, 2021; mandatory masks in public and private schools) and CDPH health-care-worker vaccination order (Aug. 5, 2021); Los Angeles County Health Officer Order (eff. July 17, 2021, 11:59 p.m.: indoor masks), Bay Area counties (Aug. 3), Sacramento and Yolo (July 30) (CA and metro files) (WS, RE, CR, FS)
  • Philadelphia Full Reopening Order as amended Aug. 11 (eff. Aug. 12, 2021): masks in any indoor setting unless the operator requires vaccination of everyone on site; Board of Health Emergency Regulation (eff. Aug. 16, 2021) for health-care workers (MET-PHL) (WS, RE, FS, CR)
  • Continuing State emergencies (predicate only; Q&A-10) in AK (to Feb. 2021 then legislative), CA, CO (recovery order), DE (PHE), HI, IL, KY (to Jan. 2022), LA, MD (to Aug. 15, 2021), NM, NV, NY (expired June 24), NC (to Aug. 15), OR, PA (terminated June 10, 2021 by H.R. 106; Act 21 suspensions to Sept. 30, 2021), RI, WA, WV, WI (county), DC (PHE to July 25, 2021) (State files)

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/religious-nonprofit.

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.

DateOrganizerEventWhat the notice saidExhibit
Mar. 12, 2020congregations of every tradition (Protestant, Catholic, Orthodox, Jewish, Muslim, other)Weekly worship services, March 15 to May 31, 2020 (class: every congregation)Kentucky, Mar. 19, 2020: 'all mass gatherings' prohibited, 'including... faith-based' events (Ex. SEC-16-020); Iowa, Mar. 17: 'spiritual, religious... gatherings and events of more than 10 people' prohibited (Ex. SEC-16-060); Connecticut, Mar. 16: 'religious, spiritual or worship gatherings' of 50 or more prohibited…Ex. SEC-16-GM-014
Mar. 12, 2020The Church of Jesus Christ of Latter-day SaintsGeneral Conference of The Church of Jesus Christ of Latter-day Saints (April and October)'to be good global citizens and do all we can to limit the spread of COVID-19'Ex. SEC-16-GM-020
Mar. 13, 2020Boston Athletic AssociationBoston Marathon and the B.A.A. Official Charity Program (the nonprofit sector's largest single-day fundraising event in New England)'guided by Boston Mayor Martin Walsh along with state and municipal government leaders at all levels to undertake all possible measures to safeguard the health of the public' (Mar. 13, 2020); 'following Boston Mayor Martin Walsh's cancellation of the marathon as a mass participation road running event due to the…Ex. SEC-16-GM-004
Mar. 13, 2020Boston Athletic AssociationBoston Marathon and the B.A.A. Official Charity Program (the nonprofit sector's largest single-day fundraising event in New England)'guided by Boston Mayor Martin Walsh along with state and municipal government leaders at all levels to undertake all possible measures to safeguard the health of the public' (Mar. 13, 2020); 'following Boston Mayor Martin Walsh's cancellation of the marathon as a mass participation road running event due to the…Ex. SEC-16-GM-005
Mar. 13, 2020Mennonite Church USAMennonite Church USA leadership meetings and biennial convention (Constituency Leaders Council; Executive Board; MennoCon21)'Due to the coronavirus (COVID-19) pandemic'; 'in response to advisories from various health organizations on the importance of mitigating the spread of the coronavirus pandemic'Ex. SEC-16-GM-018
Mar. 13, 2020Mennonite Church USAMennonite Church USA leadership meetings and biennial convention (Constituency Leaders Council; Executive Board; MennoCon21)'Due to the coronavirus (COVID-19) pandemic'; 'in response to advisories from various health organizations on the importance of mitigating the spread of the coronavirus pandemic'Ex. SEC-16-GM-022
Mar. 13, 2020Mennonite Church USAMennonite Church USA leadership meetings and biennial convention (Constituency Leaders Council; Executive Board; MennoCon21)'Due to the coronavirus (COVID-19) pandemic'; 'in response to advisories from various health organizations on the importance of mitigating the spread of the coronavirus pandemic'Ex. SEC-16-GM-025
Mar. 13, 2020Boston Athletic AssociationBoston Marathon and the B.A.A. Official Charity Program (the nonprofit sector's largest single-day fundraising event in New England)'guided by Boston Mayor Martin Walsh along with state and municipal government leaders at all levels to undertake all possible measures to safeguard the health of the public' (Mar. 13, 2020); 'following Boston Mayor Martin Walsh's cancellation of the marathon as a mass participation road running event due to the…Ex. SEC-16-GM-031
Mar. 13, 2020Boston Athletic AssociationBoston Marathon and the B.A.A. Official Charity Program (the nonprofit sector's largest single-day fundraising event in New England)'guided by Boston Mayor Martin Walsh along with state and municipal government leaders at all levels to undertake all possible measures to safeguard the health of the public' (Mar. 13, 2020); 'following Boston Mayor Martin Walsh's cancellation of the marathon as a mass participation road running event due to the…Ex. SEC-16-GM-032
Mar. 16, 2020mosques and Islamic centers (nightly taraweeh prayers, iftar meals, Eid prayers and festivals)Ramadan and Eid al-Fitr 2020 (Apr. 23-May 24, 2020), Eid al-Adha (July 31, 2020); Ramadan and Eid al-Fitr 2021 (Apr. 12-May 13, 2021)'Many mosques or places of worship are not open or available' (report)Ex. SEC-16-GM-030
Mar. 17, 2020American Red CrossAmerican Red Cross blood drives hosted by churches, schools, colleges and workplaces'due to concerns about congregating at workplaces, college campuses and schools'Ex. SEC-16-GM-001
Mar. 24, 2020Southern Baptist Convention (Executive Committee)Southern Baptist Convention Annual Meeting'We are a people committed to keeping the gospel above all, and our sole purpose in coming together is to support one another in that mission, catalyzing our collective mission efforts. This year, our unusual circumstances mean we can best meet that goal by not meeting together.' (SBC President J.D. Greear, as quoted)Ex. SEC-16-GM-026
Mar. 24, 2020Southern Baptist Convention (Executive Committee)Southern Baptist Convention Annual Meeting'We are a people committed to keeping the gospel above all, and our sole purpose in coming together is to support one another in that mission, catalyzing our collective mission efforts. This year, our unusual circumstances mean we can best meet that goal by not meeting together.' (SBC President J.D. Greear, as quoted)Ex. SEC-16-GM-027
Apr. 6, 2020United States Conference of Catholic BishopsUSCCB Spring General Assembly'the current situation with the Coronavirus that has been classified by the World Health Organization as a pandemic'; 'the health, well-being and safety of the hundreds of bishops, staff, observers, guests, affiliates, volunteers, contractors and media involved'; even if 'temporary restrictions on public gatherings'…Ex. SEC-16-GM-002
Apr. 6, 2020United States Conference of Catholic BishopsUSCCB Spring General Assembly'the current situation with the Coronavirus that has been classified by the World Health Organization as a pandemic'; 'the health, well-being and safety of the hundreds of bishops, staff, observers, guests, affiliates, volunteers, contractors and media involved'; even if 'temporary restrictions on public gatherings'…Ex. SEC-16-GM-021
Apr. 6, 2020United States Conference of Catholic BishopsUSCCB Spring General Assembly'the current situation with the Coronavirus that has been classified by the World Health Organization as a pandemic'; 'the health, well-being and safety of the hundreds of bishops, staff, observers, guests, affiliates, volunteers, contractors and media involved'; even if 'temporary restrictions on public gatherings'…Ex. SEC-16-GM-033
Apr. 8, 2020Christian Reformed Church in North America (Council of Delegates)Synod of the Christian Reformed Church in North America'Out of an abundance of caution and in light of many restrictions related to travel and public' gatherings during the pandemic; 'borders are closed, airlines have cut schedules, and we are unsure at this point of the use of the Calvin University campus'Ex. SEC-16-GM-006
Apr. 8, 2020Christian Reformed Church in North America (Council of Delegates)Synod of the Christian Reformed Church in North America'Out of an abundance of caution and in light of many restrictions related to travel and public' gatherings during the pandemic; 'borders are closed, airlines have cut schedules, and we are unsure at this point of the use of the Calvin University campus'Ex. SEC-16-GM-007
Apr. 24, 2020Presbyterian Church (U.S.A.), Committee on the Office of the General Assembly (COGA)224th General Assembly of the Presbyterian Church (U.S.A.)'Since we don't know how long COVID-19 will keep us separated, this is an opportunity for the church to be the church in a new way' (Presbytery of Baltimore leader, as quoted May 8, 2020)Ex. SEC-16-GM-019
Apr. 24, 2020Presbyterian Church (U.S.A.), Committee on the Office of the General Assembly (COGA)224th General Assembly of the Presbyterian Church (U.S.A.)'Since we don't know how long COVID-19 will keep us separated, this is an opportunity for the church to be the church in a new way' (Presbytery of Baltimore leader, as quoted May 8, 2020)Ex. SEC-16-GM-023
May 7, 2020National Day of Prayer Task ForceNational Day of Prayer (national observance and local gatherings)'honor the local authorities regarding the # of people allowed to gather and social spacing'Ex. SEC-16-GM-015
May 20, 2020AME Church General Conference Commission51st Quadrennial Session of the General Conference of the African Methodist Episcopal Church'the COVID-19 pandemic has added another layer of uncertainty and travel complications'; 'The rescheduling of the General Conference to 2021 would add a fifth year of campaign travel and cost'Ex. SEC-16-GM-010
May 20, 2020AME Church General Conference Commission51st Quadrennial Session of the General Conference of the African Methodist Episcopal Church'the COVID-19 pandemic has added another layer of uncertainty and travel complications'; 'The rescheduling of the General Conference to 2021 would add a fifth year of campaign travel and cost'Ex. SEC-16-GM-034
May 28, 2020Reformed Church in America (General Synod Council)General Synod of the Reformed Church in America'In light of widespread health concerns and current travel restrictions'; 'to ensure everyone's health and safety during this time'Ex. SEC-16-GM-012
June 24, 2020Unitarian Universalist AssociationUnitarian Universalist Association General Assembly'in this time of physical distance' (UUA President's message)Ex. SEC-16-GM-013
July 31, 2020Promise KeepersPromise Keepers 2020 men's conference'in the midst of the coronavirus pandemic' (report)Ex. SEC-16-GM-028
Aug. 28, 2020United States Conference of Catholic BishopsUSCCB Fall General Assembly'to approve the convocation of this annual November meeting in a virtual format in light of the COVID-19 pandemic'Ex. SEC-16-GM-003
Oct. 19, 2020The Jewish Federations of North AmericaGeneral Assembly of The Jewish Federations of North America'amid the coronavirus pandemic'Ex. SEC-16-GM-011
Jan. 15, 2021March for Life Education and Defense FundMarch for LifeMarch for LifeEx. SEC-16-GM-008
Feb. 25, 2021Commission on the General Conference, The United Methodist ChurchGeneral Conference of The United Methodist ChurchGeneral Conference of The United Methodist ChurchEx. SEC-16-GM-009
Mar. 17, 2021National Religious BroadcastersNational Religious Broadcasters International Christian Media Convention (NRB)National Religious Broadcasters International Christian Media Convention (NRB)Ex. SEC-16-GM-017
June 8, 2021Answers in GenesisArk Encounter and Creation Museum (Answers in Genesis, a religious nonprofit's attractions and conference venues)'the state's COVID shutdown'Ex. SEC-16-GM-016
Aug. 13, 2021Cooperative Baptist FellowshipCooperative Baptist Fellowship General Assembly 2021Cooperative Baptist Fellowship General Assembly 2021Ex. SEC-16-GM-029
Unitarian Universalist AssociationUnitarian Universalist Association General Assembly'in this time of physical distance' (UUA President's message)Ex. SEC-16-GM-024

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 Religious Organizations and Nonprofits 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 242 instruments in force for this selection: 63 instruments from the regulators of Religious Organizations and Nonprofits (Governor Ned Lamont, Executive Order No. 7D (Mar. 16, 2020) (Ex. SEC-16-048); Governor Kim Reynolds, Proclamation of Disaster Emergency (Public Health Disaster Emergency) (Mar. 17, 2020) (Ex. SEC-16-060); State Health Officer Scott Harris, Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (Safer at Home) (Apr. 28, 2020) (Ex. SEC-16-081); and 60 more) and 179 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); 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 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 Religious and Nonprofit industry, as the Library records them: worship services and gathering caps (WS; Ex. SEC-16-048, Ex. SEC-16-060, Ex. SEC-16-081, Ex. SEC-16-106 and 48 more); religious education and youth programs (RE; Ex. SEC-16-094, Ex. SEC-16-101, Ex. SEC-16-076, Ex. SEC-16-089 and 1 more); events, fundraising and galas (EV; Ex. SEC-16-048, Ex. SEC-16-060, Ex. SEC-16-106, Ex. SEC-16-015 and 11 more); food, shelter and social services (FS; Ex. SEC-16-060, Ex. SEC-16-106, Ex. SEC-16-080, Ex. SEC-16-062 and 8 more); counseling and visitation (CR; Ex. SEC-16-056, Ex. SEC-16-111, Ex. SEC-16-085, Ex. SEC-16-011 and 3 more); facilities rental (FC; Ex. SEC-16-048, Ex. SEC-16-106, Ex. SEC-16-015, Ex. SEC-16-021 and 15 more); volunteers (VL; Ex. SEC-16-054, Ex. SEC-16-072, Ex. SEC-16-095); hiring, screening, training and credentialing (HR; Ex. SEC-16-014, Ex. SEC-16-055, Ex. SEC-16-072, Ex. SEC-16-121); office, administration and telework (OP; Ex. SEC-16-100, Ex. SEC-16-014, Ex. SEC-16-080, Ex. SEC-16-109 and 15 more); workforce availability (WF; Ex. SEC-16-014, Ex. SEC-16-055, Ex. SEC-16-121, Ex. SEC-16-088); members and donors (CB; Ex. SEC-16-100, Ex. SEC-16-014, Ex. SEC-16-109, Ex. SEC-16-058 and 6 more).

Step three, the change compelled. Governor Ned Lamont, Executive Order No. 7D (Mar. 16, 2020) (Ex. SEC-16-048) ordered: "1. Further Reduction of Large Crowds. Effective immediately, and through April 30, 2020... all such gatherings of 50 or more people, including but not limited to, community, civic, leisure, or sporting events; parades; concerts; festivals; plays or live performances; conventions; and similar…" Enforcement: Conn. Gen. Stat. 28-22 Governor Kim Reynolds, Proclamation of Disaster Emergency (Public Health Disaster Emergency) (Mar. 17, 2020) (Ex. SEC-16-060) ordered: "SECTION THREE... E. Mass Gathering: Social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events of more than 10 people are hereby prohibited at all locations and venues, including but not limited to parades, festivals, conventions, and fundraisers. Planned…" Enforcement: Iowa Code 29C.20A; 135.38 (simple misdemeanor) Governor Kate Brown, Executive Order No. 20-25 (May 14, 2020) (Ex. SEC-16-106) ordered: "3. Gatherings.... a. Cultural, Civic, and Faith-Based Gatherings. All cultural, civic, and faith-based gatherings of more than 25 people are prohibited. Cultural, civic, and faith-based gatherings of 25 or fewer people are allowed only if a distance of at least six (6) feet can be consistently…" Enforcement: ORS 401.990 (para. 2: 'subject to the penalties described in ORS 401.990') 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. 7D (Ex. SEC-16-048) was in force from Mar. 16, 2020 to Apr. 30, 2020, 46 of the quarter's 110 days; Proclamation of Disaster Emergency (Public Health Disaster Emergency) (Ex. SEC-16-060) was in force from Mar. 17, 2020 to June 30, 2020, 106 of the quarter's 110 days; Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of… (Ex. SEC-16-081) was in force from Apr. 30, 2020 to Apr. 9, 2021, 62 of the quarter's 110 days. Of the 63 instruments in the quarter's record, 1 was in force on its first day, 23 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 Religious and Nonprofit 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 179 instruments in force for this selection: 16 instruments from the regulators of Religious Organizations and Nonprofits (California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093); Governor Kate Brown, Executive Order No. 20-25 (May 14, 2020) (Ex. SEC-16-106); Governor Tim Walz, Emergency Executive Order 20-74 (June 5, 2020) (Ex. SEC-16-016); and 13 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); 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 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 Religious and Nonprofit industry, as the Library records them: worship services and gathering caps (WS; Ex. SEC-16-093, Ex. SEC-16-106, Ex. SEC-16-016, Ex. SEC-16-022 and 9 more); religious education and youth programs (RE; Ex. SEC-16-076, Ex. SEC-16-030); events, fundraising and galas (EV; Ex. SEC-16-093, Ex. SEC-16-106, Ex. SEC-16-016, Ex. SEC-16-022 and 4 more); food, shelter and social services (FS; Ex. SEC-16-106, Ex. SEC-16-095); counseling and visitation (CR; Ex. SEC-16-074, Ex. SEC-16-095); facilities rental (FC; Ex. SEC-16-093, Ex. SEC-16-106, Ex. SEC-16-022, Ex. SEC-16-020 and 4 more); volunteers (VL; Ex. SEC-16-072, Ex. SEC-16-095); hiring, screening, training and credentialing (HR; Ex. SEC-16-072); office, administration and telework (OP; Ex. SEC-16-100, Ex. SEC-16-076); members and donors (CB; Ex. SEC-16-100).

Step three, the change compelled. California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093) ordered: "Places of Worship^: [Tier 1 Widespread] Outdoor encouraged; Indoor strongly discouraged, allowed with modifications; Max 25% capacity. [Tier 2 Substantial] Open indoors with modifications; Max 25% capacity. [Tier 3 Moderate] Open indoors with modifications; Max 50% capacity. [Tier 4 Minimal] Open…" Enforcement: Health & Safety Code 120295; SPHO orders Governor Kate Brown, Executive Order No. 20-25 (May 14, 2020) (Ex. SEC-16-106) ordered: "3. Gatherings.... a. Cultural, Civic, and Faith-Based Gatherings. All cultural, civic, and faith-based gatherings of more than 25 people are prohibited. Cultural, civic, and faith-based gatherings of 25 or fewer people are allowed only if a distance of at least six (6) feet can be consistently…" Enforcement: ORS 401.990 (para. 2: 'subject to the penalties described in ORS 401.990') Governor Philip D. Murphy, Executive Order No. 183 (Sept. 1, 2020) (Ex. SEC-16-022) ordered: "4.... the number of individuals at indoor gatherings that are not religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services shall be limited to 25 percent of the capacity of the room in which it takes place, but... such limit shall never be larger…" Enforcement: N.J.S.A. App. A:9-49, -50 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. Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr.… (Ex. SEC-16-093) was in force from Aug. 31, 2020 to June 15, 2021, 31 of the quarter's 92 days; Executive Order No. 20-25 (Ex. SEC-16-106) was in force from May 15, 2020 to July 6, 2020, 6 of the quarter's 92 days; Emergency Executive Order 20-74 (Ex. SEC-16-016) was in force from June 10, 2020 to Nov. 20, 2020, 92 of the quarter's 92 days. Of the 16 instruments in the quarter's record, 11 were in force on its first day, 14 on its last day and 9 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Religious and Nonprofit 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 190 instruments in force for this selection: 30 instruments from the regulators of Religious Organizations and Nonprofits (California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093); Governor Tim Walz, Emergency Executive Order 20-74 (June 5, 2020) (Ex. SEC-16-016); Governor Philip D. Murphy, Executive Order No. 183 (Sept. 1, 2020) (Ex. SEC-16-022); and 27 more) and 160 federal instruments (Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); 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); Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030); 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 Religious and Nonprofit industry, as the Library records them: worship services and gathering caps (WS; Ex. SEC-16-093, Ex. SEC-16-016, Ex. SEC-16-022, Ex. SEC-16-073 and 19 more); religious education and youth programs (RE; Ex. SEC-16-073, Ex. SEC-16-044, Ex. SEC-16-024, Ex. SEC-16-030 and 3 more); events, fundraising and galas (EV; Ex. SEC-16-093, Ex. SEC-16-016, Ex. SEC-16-022, Ex. SEC-16-073 and 7 more); food, shelter and social services (FS; Ex. SEC-16-050, Ex. SEC-16-095); counseling and visitation (CR; Ex. SEC-16-050, Ex. SEC-16-095); facilities rental (FC; Ex. SEC-16-093, Ex. SEC-16-022, Ex. SEC-16-044, Ex. SEC-16-020 and 3 more); volunteers (VL; Ex. SEC-16-072, Ex. SEC-16-095); hiring, screening, training and credentialing (HR; Ex. SEC-16-072); office, administration and telework (OP; Ex. SEC-16-073, Ex. SEC-16-100); workforce availability (WF; Ex. SEC-16-041); members and donors (CB; Ex. SEC-16-100).

Step three, the change compelled. California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093) ordered: "Places of Worship^: [Tier 1 Widespread] Outdoor encouraged; Indoor strongly discouraged, allowed with modifications; Max 25% capacity. [Tier 2 Substantial] Open indoors with modifications; Max 25% capacity. [Tier 3 Moderate] Open indoors with modifications; Max 50% capacity. [Tier 4 Minimal] Open…" Enforcement: Health & Safety Code 120295; SPHO orders Governor Philip D. Murphy, Executive Order No. 183 (Sept. 1, 2020) (Ex. SEC-16-022) ordered: "4.... the number of individuals at indoor gatherings that are not religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services shall be limited to 25 percent of the capacity of the room in which it takes place, but... such limit shall never be larger…" Enforcement: N.J.S.A. App. A:9-49, -50 Governor Andrew M. Cuomo, Executive Order 202.68 (Oct. 6, 2020) (Ex. SEC-16-073) ordered: "[Red zones:] Non-essential gatherings of any size shall be postponed or cancelled; all non-essential businesses, as determined by the Empire State Development Corporation based upon published guidance, shall reduce in-person workforce by 100%; houses of worship shall be subject to a capacity limit…" Enforcement: Executive Law 29-a; Public Health Law 12 (fines up to $15,000 per day for gatherings) 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. Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr.… (Ex. SEC-16-093) was in force from Aug. 31, 2020 to June 15, 2021, 92 of the quarter's 92 days; Emergency Executive Order 20-74 (Ex. SEC-16-016) was in force from June 10, 2020 to Nov. 20, 2020, 51 of the quarter's 92 days; Executive Order No. 183 (Ex. SEC-16-022) was in force from Sept. 4, 2020 to Nov. 16, 2020, 47 of the quarter's 92 days. Of the 30 instruments in the quarter's record, 9 were in force on its first day, 22 on its last day and 6 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 Religious and Nonprofit 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 198 instruments in force for this selection: 23 instruments from the regulators of Religious Organizations and Nonprofits (California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093); Governor Andrew M. Cuomo, Executive Order 202.68 (Oct. 6, 2020) (Ex. SEC-16-073); Governor Philip D. Murphy, Executive Order No. 196 (Nov. 16, 2020) (Ex. SEC-16-044); and 20 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); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); 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); 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 Religious and Nonprofit industry, as the Library records them: worship services and gathering caps (WS; Ex. SEC-16-093, Ex. SEC-16-073, Ex. SEC-16-044, Ex. SEC-16-050 and 14 more); religious education and youth programs (RE; Ex. SEC-16-073, Ex. SEC-16-044, Ex. SEC-16-024, Ex. SEC-16-041 and 2 more); events, fundraising and galas (EV; Ex. SEC-16-093, Ex. SEC-16-073, Ex. SEC-16-050, Ex. SEC-16-046 and 4 more); food, shelter and social services (FS; Ex. SEC-16-050, Ex. SEC-16-095); counseling and visitation (CR; Ex. SEC-16-050, Ex. SEC-16-095); facilities rental (FC; Ex. SEC-16-093, Ex. SEC-16-044, Ex. SEC-16-046, Ex. SEC-16-072 and 1 more); volunteers (VL; Ex. SEC-16-072, Ex. SEC-16-095); hiring, screening, training and credentialing (HR; Ex. SEC-16-072); office, administration and telework (OP; Ex. SEC-16-073, Ex. SEC-16-100, Ex. SEC-16-103); workforce availability (WF; Ex. SEC-16-041); members and donors (CB; Ex. SEC-16-100).

Step three, the change compelled. California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093) ordered: "Places of Worship^: [Tier 1 Widespread] Outdoor encouraged; Indoor strongly discouraged, allowed with modifications; Max 25% capacity. [Tier 2 Substantial] Open indoors with modifications; Max 25% capacity. [Tier 3 Moderate] Open indoors with modifications; Max 50% capacity. [Tier 4 Minimal] Open…" Enforcement: Health & Safety Code 120295; SPHO orders Governor Andrew M. Cuomo, Executive Order 202.68 (Oct. 6, 2020) (Ex. SEC-16-073) ordered: "[Red zones:] Non-essential gatherings of any size shall be postponed or cancelled; all non-essential businesses, as determined by the Empire State Development Corporation based upon published guidance, shall reduce in-person workforce by 100%; houses of worship shall be subject to a capacity limit…" Enforcement: Executive Law 29-a; Public Health Law 12 (fines up to $15,000 per day for gatherings) Governor Philip D. Murphy, Executive Order No. 196 (Nov. 16, 2020) (Ex. SEC-16-044) ordered: "1. Paragraph 4 of Executive Order No. 183 (2020) is hereby rescinded and the number of individuals at indoor gatherings that are not religious services or celebrations, political activities, wedding ceremonies, funerals, or memorial services shall be limited to 10 persons. The number of individuals…" Enforcement: N.J.S.A. App. A:9-49, -50 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. Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr.… (Ex. SEC-16-093) was in force from Aug. 31, 2020 to June 15, 2021, 90 of the quarter's 90 days; Third Amended Public Health Order 20-36 COVID-19 Dial (Ex. SEC-16-050) was in force from Dec. 7, 2020 to Apr. 16, 2021, 90 of the quarter's 90 days; South Bay United Pentecostal Church v. Newsom, No. 20-56358, 985 F.3d 1128 (Ex. SEC-16-007) was in force from Jan. 22, 2021 to Feb. 5, 2021, 15 of the quarter's 90 days. Of the 23 instruments in the quarter's record, 15 were in force on its first day, 16 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 Religious and Nonprofit 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 176 instruments in force for this selection: 11 instruments from the regulators of Religious Organizations and Nonprofits (California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093); Supreme Court of the United States, South Bay United Pentecostal Church v. Newsom, No. 20A136, 141 S. Ct. 716 (Feb. 5, 2021) (Ex. SEC-16-004); Governor Philip D. Murphy, Executive Order No. 230 (Mar. 11, 2021) (Ex. SEC-16-046); and 8 more) and 165 federal instruments (Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); 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 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 Religious and Nonprofit industry, as the Library records them: worship services and gathering caps (WS; Ex. SEC-16-093, Ex. SEC-16-004, Ex. SEC-16-046, Ex. SEC-16-100 and 4 more); religious education and youth programs (RE; Ex. SEC-16-035, Ex. SEC-16-005, Ex. SEC-16-047); events, fundraising and galas (EV; Ex. SEC-16-093, Ex. SEC-16-046, Ex. SEC-16-100, Ex. SEC-16-103); food, shelter and social services (FS; Ex. SEC-16-095); counseling and visitation (CR; Ex. SEC-16-095); facilities rental (FC; Ex. SEC-16-093, Ex. SEC-16-046, Ex. SEC-16-072, Ex. SEC-16-103); volunteers (VL; Ex. SEC-16-072, Ex. SEC-16-095); hiring, screening, training and credentialing (HR; Ex. SEC-16-072, Ex. SEC-16-047); office, administration and telework (OP; Ex. SEC-16-100, Ex. SEC-16-103); members and donors (CB; Ex. SEC-16-100).

Step three, the change compelled. California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093) ordered: "Places of Worship^: [Tier 1 Widespread] Outdoor encouraged; Indoor strongly discouraged, allowed with modifications; Max 25% capacity. [Tier 2 Substantial] Open indoors with modifications; Max 25% capacity. [Tier 3 Moderate] Open indoors with modifications; Max 50% capacity. [Tier 4 Minimal] Open…" Enforcement: Health & Safety Code 120295; SPHO orders Supreme Court of the United States, South Bay United Pentecostal Church v. Newsom, No. 20A136, 141 S. Ct. 716 (Feb. 5, 2021) (Ex. SEC-16-004) ordered: "Respondents are enjoined from enforcing the Blueprint's Tier 1 prohibition on indoor worship services against the applicants pending disposition of the petition for a writ of certiorari. The application is denied with respect to the percentage capacity limitations, and respondents are not enjoined…" Governor Philip D. Murphy, Executive Order No. 230 (Mar. 11, 2021) (Ex. SEC-16-046) ordered: "3. The number of individuals at indoor gatherings that are religious services or celebrations, including wedding ceremonies, funerals, and memorial services that involve religious services, shall be limited to 50 percent of the capacity of the room in which it takes place, excluding staff of the…" Enforcement: N.J.S.A. App. A:9-49, -50 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. Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr.… (Ex. SEC-16-093) was in force from Aug. 31, 2020 to June 15, 2021, 76 of the quarter's 91 days; South Bay United Pentecostal Church v. Newsom, No. 20A136, 141 S. Ct. 716 (Ex. SEC-16-004) was in force from Feb. 5, 2021 to June 30, 2021, 91 of the quarter's 91 days; Executive Order No. 230 (Ex. SEC-16-046) was in force from Mar. 19, 2021 to June 30, 2021, 91 of the quarter's 91 days. Of the 11 instruments in the quarter's record, 9 were in force on its first day, 5 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 Religious and Nonprofit 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 173 instruments in force for this selection: 6 instruments from the regulators of Religious Organizations and Nonprofits (Federal Bureau of Prisons, U.S. Department of Justice, BOP COVID-19 Action Plan (Phase Two) (Mar. 13, 2020) (Ex. SEC-16-095); Governor Ned Lamont, Executive Order No. 13A (Aug. 5, 2021) (Ex. SEC-16-119); Governor Philip D. Murphy, Executive Order No. 251 (Aug. 6, 2021) (Ex. SEC-16-117); and 3 more) and 167 federal instruments (Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); 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 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 Religious and Nonprofit industry, as the Library records them: worship services and gathering caps (WS; Ex. SEC-16-119, Ex. SEC-16-115); religious education and youth programs (RE; Ex. SEC-16-119, Ex. SEC-16-117, Ex. SEC-16-043, Ex. SEC-16-115); events, fundraising and galas (EV; Ex. SEC-16-115); food, shelter and social services (FS; Ex. SEC-16-095, Ex. SEC-16-119, Ex. SEC-16-115); counseling and visitation (CR; Ex. SEC-16-095, Ex. SEC-16-119); facilities rental (FC; Ex. SEC-16-115); volunteers (VL; Ex. SEC-16-095, Ex. SEC-16-115); hiring, screening, training and credentialing (HR; Ex. SEC-16-119, Ex. SEC-16-117, Ex. SEC-16-115, Ex. SEC-16-118); office, administration and telework (OP; Ex. SEC-16-119); workforce availability (WF; Ex. SEC-16-117, Ex. SEC-16-043, Ex. SEC-16-118).

Step three, the change compelled. Federal Bureau of Prisons, U.S. Department of Justice, BOP COVID-19 Action Plan (Phase Two) (Mar. 13, 2020) (Ex. SEC-16-095) ordered: "SOCIAL VISITS: Social visits will be suspended for 30 days, at which time the suspension will be reevaluated.... LEGAL VISITS:... while in general, legal visits will be suspended for 30 days, case-by-case accommodation will be [made].... INMATE MOVEMENT: All inmate facility transfers will be…" Enforcement: Institution access control; 28 C.F.R. 540.40 et seq. Governor Ned Lamont, Executive Order No. 13A (Aug. 5, 2021) (Ex. SEC-16-119) ordered: "1. Revised Mask Requirements. Executive Order No. 12A is repealed. A person while indoors in a public place who does not maintain a safe social distance of approximately six feet from every other person and who is not fully vaccinated for COVID-19 shall cover their mouth and nose with a mask or…" Enforcement: Conn. Gen. Stat. 28-22; $100 fine per violation under para. 1(b)(i), with the employer liable for an employee's failure at work; Conn. Gen. Stat. 51-164n(b)… Governor Philip D. Murphy, Executive Order No. 251 (Aug. 6, 2021) (Ex. SEC-16-117) ordered: "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…" Enforcement: N.J.S.A. App. A:9-49, -50 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. BOP COVID-19 Action Plan (Phase Two) (Ex. SEC-16-095) was in force from Mar. 13, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days; Executive Order No. 13A (Ex. SEC-16-119) was in force from Aug. 5, 2021 to Sept. 30, 2021, 57 of the quarter's 92 days; Executive Order No. 251 (Ex. SEC-16-117) was in force from Aug. 9, 2021 to Mar. 7, 2022, 53 of the quarter's 92 days. Of the 6 instruments in the quarter's record, 1 was in force on its first day, 4 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 Religious and Nonprofit 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 Religious Organizations and Nonprofits

The Service's letters, Forms 886-A and Chief Counsel memoranda decide suspension-prong claims on fourteen recurring grounds. Each is stated below in the Service's own vocabulary and answered on the statute, on the United States' representations in Stenson Tamaddon and Tri-State, and on the orders. None of the fourteen survives contact with the record for this industry, and several are answered by the Notice's own text, to which the Service is bound.

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. "Our records indicate there were no government orders related to COVID-19 in effect during the quarter(s) you claimed"

Our records indicate there were no government orders related to COVID-19 in effect during the quarter(s) you claimed that could have fully or partially suspended your trade or business.

The sentence is a statement about the public record, and the public record is set out in the layers and quarters sections above and on the State, metro and federal pages of the Library: for the second quarter of 2020, the stay-at-home, gathering-ban and closure orders of every State and the District of Columbia; for the third quarter of 2020, the reopening caps of every State; for the fourth quarter of 2020 and the first quarter of 2021, the winter orders of twenty-two jurisdictions; for the second quarter of 2021, the caps that ran to dates between April 12 and June 30, 2021 in thirteen jurisdictions; and for the third quarter of 2021, the federal conveyance, eviction, visitation, health-care, prison, entry, border and contracting orders in force on July 1, the indoor face-covering orders of seven States and the District of Columbia and of more than a dozen metros, Hawaii's gathering caps, the school and child-care orders of thirteen States and the health-care-worker orders of fourteen jurisdictions, each with its exhibit identifier and its dates. The Library indexes each of those instruments with its issuer, dates, operative words and grade. The Service's records, whatever they are, do not include them; the public record does. For every quarter from the second quarter of 2020 through the third quarter of 2021, in every State, the sentence is factually incorrect.

Six instruments, quoted from their own texts, illustrate the record the sentence describes as empty. On March 16, 2020, the Governor of Connecticut ordered that "all such gatherings of 50 or more people, including but not limited to, community, civic, leisure, or sporting events; parades; concerts; festivals; plays or live performances; conventions; and similar activities, as well as religious, spiritual or worship gatherings of such size, are prohibited throughout the State of Connecticut." On March 17, 2020, the Governor of Iowa proclaimed that "Social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events of more than 10 people are hereby prohibited at all locations and venues, including but not limited to parades, festivals, conventions, and fundraisers," and that "Planned large gatherings and events must be canceled or postponed until after termination of this disaster." On March 19, 2020, the Kentucky Cabinet for Health and Family Services ordered that "All mass gatherings are hereby prohibited," defining them to include "community, civic, public, leisure, faith-based, or sporting events; parades; concerts; festivals; conventions; fundraisers; and similar activities." On March 22, 2020, the Ohio Director of Health ordered every person in Ohio to stay at home and provided that "covered businesses include any for-profit, non-profit, or educational entities, regardless of the nature of the service, the function it performs, or its corporate or entity structure," naming "religious and secular nonprofit organizations, including food banks" among them. On October 6, 2020, the Governor of New York ordered that in red zones "houses of worship shall be subject to a capacity limit of 25% of maximum occupancy or 10 people, whichever is fewer," and on November 25, 2020 the Supreme Court of the United States enjoined enforcement of those limits against the applicants, an order that exists only because a governmental order limiting religious gatherings existed. On August 26, 2021, the Governor of Illinois ordered that "all individuals in Illinois who are age two or over and able to medically tolerate a face covering (a mask or cloth face covering) shall be required to cover their nose and mouth with a face covering when in an indoor public place," effective August 30, 2021, one of the workplace infection-prevention and exposure-control requirements of an instrument that also compelled vaccination or weekly testing of health-care, school and State workers, and that reached every sanctuary, fellowship hall, classroom and pantry in the State for the last thirty-two days of the third quarter of 2021. Each of the six is a public record; the sentence describes a period that did not occur.

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

Sentence 2: 2. "You operated an essential business that was permitted to remain open"

You operated an essential business that was permitted to remain open.

The Notice's own sentence carries its own condition: "all of the employer's operations." The next sentence of Q&A-11 provides that an employer with an "essential" designation "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 Q&A-17's Example 4 (930) applies the same rule to a hospital whose emergency department the order treated as "essential" and whose elective procedures it closed. The United States told the District Court that whether a business is "essential or non-essential will often vary from jurisdiction to jurisdiction" and is determined "by looking to the governmental order affecting [the employer's] operations." The orders affecting this industry's operations are these: where a State designated worship "essential," it did so on conditions. Colorado named "Houses of Worship" among critical businesses while capping them until December 7, 2020; Tennessee provided that "nothing in this Order mandates closure of a place of worship" while capping gatherings at ten and closing every school; Texas treated religious services as essential only if "conducted consistent with" federal guidance; North Carolina named "Religious entities" among covered entities and made religious facilities "subject to" its mass-gathering limits; West Virginia designated "religious gatherings" essential while capping every other gathering at ten; Ohio permitted religious gatherings under its exemptions while covering "any for-profit, non-profit, or educational entities, regardless of the nature of the service, the function it performs, or its corporate or entity structure." No order designated a parochial school, a religious-education class, a gala, a rental, a hospital visit or a prison ministry "essential"; every one of those functions was closed or capped in terms. An employer whose sanctuary was open at 25 percent and whose school, hall, kitchen dining room and visitation ministry were closed was not an employer "all of" whose operations an order allowed to remain open. The designation the Service invokes is the order's own word, and the order's own words capped what it designated.

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Sentence 3: 3. "Stay-at-home orders directed at the general public are not orders that suspended your operations"

Stay-at-home orders directed at the general public are not orders that suspended your operations.

The statute names the order's subject, "commerce, travel, or group meetings," and specifies that the meetings limited may be "for commercial, social, religious, or other purposes." It does not name an addressee. The Notice's own Q&A-10 lists, as a governmental order, "[a] State's emergency proclamation that residents must shelter in place for a specified period," an order addressed to residents and to no business. The stay-at-home orders of this record were not orders addressed to the public alone: New York's cancelled "Non-essential gatherings of individuals of any size for any reason"; North Carolina's named "religious and secular not-for-profit organizations, including food banks" among covered entities; Wisconsin's named "Weddings, funerals, and religious entities" and confined religious gatherings to fewer than ten per room; Ohio's covered every "non-profit" entity and confined charitable food to "a pick-up and takeaway basis"; Vermont's ordered "all businesses and not-for-profit entities in the state" to telecommute; Georgia's provided that no "non-profit corporation, organization" shall allow more than ten persons to gather; Iowa's prohibited "Social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events of more than 10 people," including "fundraisers"; Dallas, Denton, Harris and Fort Bend Counties confined worship to "video and teleconference"; and Washington's prohibited "all people in Washington State from leaving their homes or participating in social, spiritual and recreational gatherings of any kind regardless of the number of participants." The United States told the Ninth Circuit that "a business may be suspended 'due to' a government order addressing a third party." A reading under which an order addressed to a congregation's members is not an order limiting the congregation's group meetings is a reading of a statute Congress did not write. The statute says nothing of the addressee, and the orders of this record named this industry in terms.

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

Sentence 4: 4. "You were able to continue comparable operations through telework"

You were able to continue comparable operations through telework.

Q&A-15's own second paragraph provides that "if 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 2 finds a partial suspension where the employer "moves to an online format" and continues to serve some of the people it serves remotely but its workplace "is central to its operations, and the business operations cannot continue in a comparable manner." Q&A-16(3) provides that where "the employer's physical work space is so critical to its trade or business operations that tasks central to the trade or business's operations are unable to be performed remotely, then this factor alone indicates that the employer is not able to continue comparable operations." The United States told the District Court that an employer is partially suspended "if it was required to suspend certain operations for certain purposes" even where comparable operations continue. A house of worship is a physical work space; a sacrament, a funeral, a wedding, a baptism, a communion rite, a choir, a school classroom, a child-care room, a soup kitchen, a shelter bed, a hospital visit, a prison chaplaincy, a gala and a hall rental are tasks central to the operation that cannot be performed remotely. A streamed service is not a comparable operation to a congregation in a room; the Pew Research Center's finding that 12 percent of regular attenders' congregations were "open and operating normally" in March 2021, one year into the streaming era, measures the difference. The Service's ground applies the telework rule written for a software company to an operation whose entire purpose is the physical assembly of people, and the Notice's own factors point the other way.

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

Sentence 5: 5. "The orders affected your customers and caused a reduction in demand; they did not suspend your operations"

The orders affected your customers and caused a reduction in demand; they did not suspend your operations.

Q&A-13 addresses an employer that "responds to the lack of demand by suspending some or all of its operations"; its example is a repair shop that "is not required to close its locations or suspend its operations" and closes because customers stopped coming. It does not address an employer whose own gathering an order capped. A congregation's members are not customers whose demand for a product fell; they are the participants in the "group meetings (for ... religious ... purposes)" the statute names and the orders limited. When New Jersey capped religious gatherings at 25 percent or one hundred fifty, the cap operated on the congregation's operation, not on its members' demand; when Kentucky prohibited "all mass gatherings" including "faith-based" events, the prohibition operated on the gathering; when Hawaii capped social gatherings at ten indoors, the cap operated on the gathering. The Service's ground confuses the object of the order with its addressee. The exclusion in the form the Service invokes, extended to every employer and to any "reduction in demand," first appeared in the Notice on March 1, 2021; as posted on April 29, 2020, the FAQ confined it 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' order, and it said nothing about demand. And where the orders did operate on counterparties (schools, hospitals, prisons, venues, transit), the United States has told the Ninth Circuit that "a business may be suspended 'due to' a government order addressing a third party." The members of a congregation are not its customers, and the orders that limited their meetings limited the congregation's operation in the statute's own words.

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

Sentence 6: 6. "Your suspension or reduction in hours was voluntary"

Your suspension or reduction in hours was voluntary.

Nothing in the State orders inventoried above was voluntary. Connecticut's Executive Order 7D prohibited gatherings of fifty "as well as religious, spiritual or worship gatherings of such size"; New Jersey's Executive Order 107 cancelled gatherings and made violation an offense; Kentucky's order prohibited "all mass gatherings"; Ohio's order stayed every person home under the Director's statutory authority; California's Blueprint prohibited indoor worship in Tier 1 counties; New York's Executive Order 202.68 fixed the cluster caps; Dallas County's face-covering order of August 11, 2021 carried a fine "not to exceed $1,000 for each violation"; Chicago's order of August 20, 2021 made closure the sanction for a business that failed to enforce it. Q&A-10 provides that whether an instrument is a governmental order "is determined without regard to the level of enforcement." The litigation record settles the point: congregations do not sue to enjoin recommendations. Roman Catholic Diocese of Brooklyn v. Cuomo, South Bay United Pentecostal Church v. Newsom, Calvary Chapel Dayton Valley v. Sisolak, Tandon v. Newsom, Capitol Hill Baptist Church v. Bowser and Robinson v. Murphy exist because governmental orders limiting religious gatherings existed and were enforced, and the Supreme Court of Wisconsin's decision in Wisconsin Legislature v. Palm exists because a statewide order confining religious gatherings to fewer than ten per room had force enough for the Legislature to sue over it. The orders of this record fixed the day on which every service, class, event and rental could resume and the terms on which it could, and a congregation that reopened on the orders' own schedule reopened under the orders' own caps, distancing rules and face-covering requirements; in every quarter of the period an order was in force that compelled a modification of the operation on days within it, and none of those modifications was voluntary. The Service's word for an order-compelled cap is "voluntary"; the orders' own enforcement clauses answer it.

Q&A-14 reaches, by its own terms, only a suspension "not due to a governmental order," and the United States and the District Court have defined the excluded employer as one "not being ordered to do so" and one that "chooses not to" continue comparable operations. No employer in this record answered that description in any of the six quarters. The reopening orders permitted operation only on conditions with the force of law: in Texas, GA-14, GA-28, GA-29 and GA-32, enforced by Government Code § 418.173; in the other principal States, the operating-condition clauses quoted in the standing-duties subsection above. The standing statutes commanded the same conduct independently: in Texas, Health and Safety Code §§ 81.002 and 81.082 to 81.087 and Labor Code § 411.103; elsewhere, the control acts, order-violation offenses and workplace-safety duties set out in the standing-duties subsection; and everywhere the general duty clause, 29 U.S.C. § 654(a)(1), enforced by citation from September 2020. The legislatures of Texas, Kentucky and Michigan then fixed the standard of care as compliance with governmental standards, guidance, orders and protocols, Texas for every action commenced on or after March 13, 2020; where a legislature enacted no such shield, the standing duties and the orders' own conditions remained the standard of care. The safe-workplace statutes had no COVID-19 content until the health authorities said what a safe sanctuary, classroom, kitchen and office required; the measures were taken because those directives defined the duty and would not have been taken without them. "Due to" is but-for causation (Tri-State at 17-19), and the causation here runs from the command to the measure without an intervening choice; the hospital in Tri-State "was required to make these changes to ensure compliance with the Proclamation," and the court held the changes caused by it (Tri-State at 20-21). The Notice's own words confirm it: a modification "required by a governmental order as a condition of reopening a physical space for business or service to the public" 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 whoever issued it, and the Service's premise, that no command reached the employer, fails wherever one did; in this record one did in every State and every quarter.

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

Sentence 7: 7. "You did not demonstrate that more than a nominal portion (10 percent) of your operations was suspended"

You did not demonstrate that more than a nominal portion (10 percent) of your operations was suspended.

The United States has represented to two federal courts that the figure "isn't an eligibility requirement," that it "exists only as a safe harbor," that it is "a safe harbor rather than a hard floor," that "the IRS did not say that a taxpayer cannot qualify for the ERC if they have been impacted less than 10 percent," and that "no facts or data" were needed to fix it; the District Court held that it "is not an exclusionary cut-off point"; and the Tri-State court held that the Notice "provides a method for the test to be met not as a requirement to meet the test" and that reading a ten percent requirement into the statute "would read requirements into the statute that do not exist." The Service is bound to the safe harbor and may not apply it as a floor. The 10 percent rules the Service applies first appeared in the Notice on March 1, 2021; the phrase "more than a nominal portion" first appeared in the FAQs on June 19, 2020, without a percentage; and as posted on April 29, 2020 the FAQs contained neither the phrase nor any percentage. The statute's word is "partially," and Tri-State holds that a portion is a portion and that "more than nominal" does not mean "significant." For this industry the United States' safe harbor is also met on its own terms: worship, education, events, food and shelter programs, visitation and rentals are not a tenth of a congregation's or a nonprofit's operation; they are the operation. The hours of service of clergy, educators, cooks, case managers and program staff in the suspended functions, measured against the same quarter of 2019 as Q&A-11 directs, exceed 10 percent of total hours in every quarter for every employer whose sanctuary was capped, whose school was closed or whose events were cancelled; the revenue lines of events, rentals and tuition exceed 10 percent of gross receipts for every nonprofit that runs them; and Q&A-18 itself provides that "occupancy restrictions ... may result in an actual, and more than nominal, reduction" of the ability to serve. The ten percent figure is the United States' safe harbor, and the showing for this industry exceeds it many times over.

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Sentence 8: 8. "Modifications such as face coverings and social distancing did not have more than a nominal effect on your operations"

Modifications such as face coverings and social distancing did not have more than a nominal effect on your operations.

Three points. First, the modifications compelled in this industry were not masks and one-way aisles, and even the face-covering orders were not requirements about an article of clothing: each was one of the workplace infection-prevention and exposure-control requirements an instrument imposed, enforced by fines, closure or refusal of entry, and accompanied, where the instrument so provided, by screening, distancing, capacity limits, quarantine of exposed persons, written plans and vaccination-or-testing conditions. They were closures, fixed-number and percentage caps, prohibitions on singing, cohort and ratio rules for classrooms, conversion of kitchens to take-away, visitor bans, permit revocations, vaccination-proof conditions on venues, and, in 2021, face-covering, quarantine and staff-vaccination orders on every parochial school and child-care center. Q&A-18's own first paragraph lists "limiting occupancy to provide for social distancing" and "changing the format of service" among modifications "required by a governmental order as a condition of reopening a physical space for business or service to the public," and its second paragraph provides that "occupancy restrictions at a restaurant with indoor dining service may result in an actual, and more than nominal, reduction of the restaurant's ability to service customers"; a sanctuary at 25 percent is an occupancy restriction. Q&A-19 provides that an employer that reduces its operating hours by order "is considered to have partially suspended its operations." Second, the sentence on masks is a categorical statement of fact, stated as a rule, without a record, and it is a late one: it first appeared in the Notice on March 1, 2021; the FAQ of June 19, 2020 added "more than a nominal effect" only for the case in which all of an employer's operations continue; and the FAQ as posted on April 29, 2020 answered "Yes" without qualification for a workplace closed for some purposes and open for others. The United States told the District Court that "employees having to wear face masks may impact business operations" and that orders "directed at business operations (operational hours, space, etc.) would also be considered," and the Tri-State court held that every protocol an order compelled was a suspension the order caused. The Notice's own rule is that the question "is based on the facts and circumstances," and for this industry the facts are the orders: an exposure-control order that masks a choir, a communion rite, a children's classroom or a food line changes what each of those operations is, and the Notice's own first paragraph lists face-covering requirements among the modifications an order compels. Third, for the third quarter of 2021 the instruments include gathering caps (Hawaii; Savannah; Honolulu), event closures (Honolulu), vaccination-proof conditions (New Orleans; San Francisco), eviction moratoria, visitation conditions and vaccination mandates, none of which is a mask. The Notice's categorical sentence on masks does not describe the modifications this industry was ordered to make, and the Notice's own preceding paragraphs treat those modifications as suspensions.

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

Sentence 9: 9. "A declaration of a state of emergency is not a governmental order"

A declaration of a state of emergency is not a governmental order.

The Notice's sentence carries its own limit, and this analysis relies on no declaration that fails it: a declaration is excluded only where it "does not limit commerce, travel, or group meetings in any manner." Where a declaration did limit them, it is an order by the Notice's own terms. Iowa's Proclamation of Disaster Emergency of March 17, 2020 prohibited, in § 3(E), "Social, community, spiritual, religious, recreational, leisure, and sporting gatherings and events of more than 10 people"; Hawaii's Emergency Proclamation of August 5, 2021 and Executive Order 21-05 capped gatherings at ten and twenty-five; Texas's GA orders issue under the disaster declaration and prescribe operative limits; Georgia's Executive Order 04.02.20.01 issues under the public-health emergency and prohibits gatherings of more than ten. The emergency declarations cited in the quarters section for the third quarter of 2021 are cited as the source of authority for the operative orders issued under them, and each operative order is cited by its own exhibit identifier. The State emergencies inventoried in subpart B-9 of the third quarter of 2021 are cited because each kept operative instruments alive or carried operative limits of its own (Texas's GA-38; Georgia's Executive Order 08.19.21.03; Hawaii's Executive Order 21-05; Arizona's Executive Order 2021-16), not as bare declarations. The ground answers an argument this analysis does not make; the instruments it cites limit commerce, travel and group meetings in terms.

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Sentence 10: 10. "Your supplier was not required to suspend operations; a supply-chain disruption is not a suspension of your business"

Your supplier was not required to suspend operations; a supply-chain disruption is not a suspension of your business.

Q&A-12 provides that an employer may be suspended where "the business's suppliers are unable to make deliveries of critical goods or materials due to a governmental order that causes the supplier to suspend its operations"; the United States told the Ninth Circuit that the rule "never even mentions a 'physical[ ] clos[ure]' order against the supplier" and that "a business may be suspended 'due to' a government order addressing a third party." The counterparties of this industry were not merely disrupted; they were closed or conditioned by order in terms. Every school was closed by order; every hospital, nursing home and prison barred visitors by order; every venue was closed or capped by order; every conveyance was placed under the federal airborne-transmission control; every court limited its docket by order. This analysis cites those orders under the statute directly, as orders "limiting commerce, travel, or group meetings" on which the employer's operation depends, and cites Q&A-12 only as the Notice's confirmation that an order addressed to a third party suffices. AM 2023-005 "may not be used or cited as precedent," addresses supply-chain scenarios in a goods-producing setting that does not describe this industry, and cannot narrow either the Notice that binds the Service or the statute that binds the court. The orders on this industry's counterparties were orders of closure and condition, and the United States has said the supplier rule needs no more.

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Sentence 11: 11. "The governmental orders had been lifted before the quarter; any continuing effect was a lingering effect, not a suspension"

The governmental orders had been lifted before the quarter; any continuing effect was a lingering effect, not a suspension.

The answer is in the interconnected-economy section and is restated here in four sentences. The statute asks whether the operation "is fully or partially suspended during the calendar quarter due to orders"; the phrase "during the calendar quarter" modifies "suspended," and Congress did not write "orders in effect during the quarter." The United States agreed in Tri-State that a suspension is "[t]he act of temporarily delaying, interrupting, or terminating something," and a compelled delay in restoring an operation an order dismantled is a suspension due to that order on the but-for test the court adopted. The Notice's own Q&A-22 makes a suspension "during a portion of a calendar quarter" a suspension for the whole quarter, and its Q&A-16(4) treats the "significant delay" of a compelled transition as "a partial suspension during that transition period," offering the two-week figure only "for example." And for every quarter in issue, including the third quarter of 2021, orders were in force on days within the quarter that themselves compelled modifications of this industry's functions, so that the continuing suspension is an additional ground and not the only one. The Service's phrase for the continuing suspension describes the statute's own subject: a delay is a suspension, and the orders caused it.

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Sentence 12: 12. "You did not experience a significant decline in gross receipts"

You did not experience a significant decline in gross receipts.

The statute's two prongs are joined by "or." The Tri-State court held the prongs independent "by Defendant's admission," finding that "even Defendant's own argument is contradictory" when the United States argued that the gross-receipts prong narrowed the suspension prong; and the United States told the District Court that an employer "can demonstrate eligibility if it can show, under the facts and circumstances, it was partially suspended," a route it described as independent of the gross-receipts test. This industry's receipts are, moreover, the wrong measure of its operation: contributions continued by mail and online while the sanctuary was capped, the school closed and the gala cancelled, and the Notice's own Q&A-11 measures the suspended portion by hours of service as well as by receipts. A congregation whose giving held while its every function was capped by order was partially suspended; the statute does not ask whether it was also poorer. Gross receipts are the other prong, and the Service may not use one prong to erase the other.

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Sentence 13: 13. "The documents you rely on are guidance or recommendations, not orders"

The documents you rely on are guidance or recommendations, not orders.

Every instrument this analysis cites as an order is an executive order, a proclamation, a public health order, a directive, a rule, a regulation, an ordinance or a court order carrying a sanction: fines, closure, refusal of entry, loss of license, exclusion from a contract, removal from a conveyance; the few guidance documents it names are so labeled and are not relied on as orders. Q&A-10 provides that an instrument's character as an order "is determined without regard to the level of enforcement." Where a State issued a document labeled guidance and made compliance with it a condition of an order (New York's Interim Guidance for Religious and Funeral Services, which every place of worship was ordered to follow as "mandatory" standards; Massachusetts's "mandatory workplace safety rules" under which places of worship reopened on May 18, 2020; California's Blueprint tier chart, whose places-of-worship row the Supreme Court enjoined in part on February 5, 2021), the document's mandatory character, fixed by the order that incorporated it, is what matters, and this analysis cites the incorporating order. Where a document was an advisory (the Puget Sound health officers' recommendation of July 26, 2021; the New Orleans advisory of July 23, 2021; the Northern Virginia health directors' recommendation of August 3, 2021), this analysis has labeled it and does not rely on it. The Service, which has told two courts that the Notice is "merely guidance" and applies it as law, is not positioned to say that a State's mandatory standards, enforced by order, are guidance and not law. The instruments this analysis cites are orders by their own terms and by their sanctions, and it relies on no advisory as an order.

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Sentence 14: 14. "The term 'order' carries its ordinary meaning"

The term 'order' carries its ordinary meaning.

Agreed, and applied. In its ordinary sense an order is a command issued by a person or body with authority to issue it, carrying a legal consequence for its addressee. Every instrument this analysis cites is such a command: a Governor's executive order under an emergency statute, a health officer's order under a public-health code, a county judge's order under a disaster act, a federal agency's order under a statute and regulation, a court's order under its inherent and rule-based authority, a tribal council's resolution under tribal law. The ordinary meaning excludes what Q&A-10's Example 2 excludes, a mayor's press-conference statement, and this analysis cites none. The ordinary meaning includes what the statute's own parenthetical includes, orders limiting group meetings "for ... religious ... purposes," and the instruments that limited them here were the Governors' and health officers' orders whose texts are quoted in the layers and quarters sections. The District Court read "appropriate" as "fitting," the authority "having jurisdiction over an employer's operations"; each exhibit in the Library names its issuer and the jurisdiction the issuer held. The ordinary meaning of "order" is the meaning this analysis applies, and every instrument it cites meets it.

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10. Exhibit list

Every instrument cited in this report, by exhibit identifier: 396 records, of which The COVID Project holds the document for 366. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. DC-057Mayor's Order 2021-097Mayor Muriel BowserJuly 29, 2021Mayor Muriel Bowser, Mayor's Order 2021-097 (July 29, 2021) (Ex. DC-057)/library/DC-057/exhibit/DC-057
Ex. DUT-FED-00129 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)standingCongress (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. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-002Notice of February 24, 2021President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)/library/FED-002/exhibit/FED-002
Ex. FED-006Emergency 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, 2020President 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-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President 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-008Memorandum of February 2, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)Feb. 2, 2021President 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-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex 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-011Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)Alex M. Azar II, Secretary of HHSApr. 21, 2020Alex 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-012Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)Alex M. Azar II, Secretary of HHSJuly 23, 2020Alex 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-013Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)Alex M. Azar II, Secretary of HHSOct. 2, 2020Alex 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-014Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)Alex M. Azar II, Secretary of HHSJan. 7, 2021Alex 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-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier 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-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier 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-020CDC 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, 2021Centers 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-022CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)Sept. 1, 2020Centers 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-023CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)Centers for Disease Control and Prevention, HHSJan. 29, 2021Centers 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-024CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)Centers for Disease Control and Prevention, HHSMar. 29, 2021Centers 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-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers 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-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers 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-027CDC No Sail Order and Suspension of Further EmbarkationCenters for Disease Control and Prevention, HHS (CDC Director)Mar. 14, 2020Centers 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-028No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)Centers for Disease Control and Prevention, HHSApr. 9, 2020Centers 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-029No Sail Order; Second Modification and Extension (July 16, 2020)Centers for Disease Control and Prevention, HHSJuly 16, 2020Centers 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-030No Sail Order; Third Modification and Extension (Sept. 30, 2020)Centers for Disease Control and Prevention, HHSSept. 30, 2020Centers 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-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers 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-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers 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-034CDC 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, 2020Centers 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-036Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)Centers for Disease Control and Prevention, HHSMay 19, 2020Centers 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-037CDC 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, HHSOct. 13, 2020Centers 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-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers 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-039Interim 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, HHSMar. 20, 2020Centers 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-040CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United KingdomCenters for Disease Control and Prevention, HHSDec. 25, 2020Centers 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-041CDC 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, HHSJan. 12, 2021Centers 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-042CDC 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, 2021Centers 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-048Final 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, HHSSept. 11, 2020Centers 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-050TSA 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, 2021Transportation 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-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation 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-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation 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-053TSA 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, DHSJan. 31, 2021Transportation 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-055Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)Transportation Security Administration, DHSJan. 31, 2021Transportation 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-056Notification 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 BoardApr. 20, 2021Department 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-057Determination 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. PekoskeJan. 27, 2021Acting 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-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-061Executive Order 13998President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)/library/FED-061/exhibit/FED-061
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive 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, 2021President 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-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-066Executive Order 13945President Donald J. TrumpAug. 8, 2020President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)/library/FED-066/exhibit/FED-066
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-071Executive Order 13910President Donald J. TrumpMar. 23, 2020President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)/library/FED-071/exhibit/FED-071
Ex. FED-073Executive 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. TrumpApr. 28, 2020President 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-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary 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-075Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic UseFederal Emergency Management Agency, DHSApr. 7, 2020Federal 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-076Notification of Exemptions to the PPE allocation ruleFederal Emergency Management Agency, DHSApr. 17, 2020Federal 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-077Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)Federal Emergency Management Agency, DHSAug. 10, 2020Federal 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-078Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)Federal Emergency Management Agency, DHSDec. 31, 2020Federal 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-080Occupational 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 LaborJune 21, 2021Occupational 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-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, 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-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, 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-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, 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-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (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-088Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)OSHA, U.S. Department of LaborMar. 9, 2020OSHA, 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-090CMS-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, HHSMar. 30, 2020Centers 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-091CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)Centers for Medicare & Medicaid Services, HHSMay 1, 2020Centers 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-092CMS-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, HHSSept. 2, 2020Centers 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-093CMS-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, 2020Centers 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-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers 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-096CMS 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 GroupMar. 4, 2020CMS, 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-097QSO-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 GroupMar. 13, 2020CMS, 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-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, 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-099CMS 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 GroupMar. 23, 2020CMS, 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-100FEMA-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, 2020President 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-104FEMA-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, 2020President 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-109FEMA-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, 2020President 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-113FEMA-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, 2020President 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-115FEMA-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, 2020President 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-118FEMA-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, 2020President 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-130FEMA-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, 2020President 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-132FEMA-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, 2020President 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-133FEMA-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, 2020President 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-143FEMA-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, 2020President 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-147FEMA-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, 2020President 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-150FEMA-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, 2020President 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-154QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)CMS, Quality, Safety & Oversight GroupSept. 17, 2020CMS, 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-155QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19CMS, Quality, Safety & Oversight GroupMar. 10, 2021CMS, 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-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, 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-157QSO-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 GroupMay 18, 2020CMS, 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-158CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…Centers for Medicare & Medicaid Services, HHSApr. 7, 2020Centers 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-159CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)Centers for Medicare & Medicaid Services, HHSApr. 19, 2020Centers 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-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers 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-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, 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-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, 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-164CMS 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 GroupMar. 4, 2020CMS, 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-165CMS 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 GroupJune 1, 2020CMS, 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-166CMS 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 GroupAug. 17, 2020CMS, 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-168CMS-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 GroupAug. 26, 2020CMS, 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-170Families 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 PresidentMar. 18, 2020Congress (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-171Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826Wage and Hour Division, U.S. Department of LaborApr. 1, 2020Wage 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-172Revised 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 LaborSept. 11, 2020Wage 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-173Consolidated 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, 2020Congress (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-174American 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 PresidentMar. 11, 2021Congress (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-180Declaration 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 ServicesMar. 10, 2020Secretary 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-181Determination 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 ServicesFeb. 4, 2020Secretary 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-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary 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-183Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devicesSecretary of Health and Human ServicesMar. 24, 2020Secretary 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-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary 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-185Emergency 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, 2020Food 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-186Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)Food and Drug Administration, HHSDec. 18, 2020Food 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-187Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)Food and Drug Administration, HHSFeb. 27, 2021Food 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-190The President's Coronavirus Guidelines for America: 15 Days to Slow the SpreadThe President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The 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-19130 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)The President and the White House Coronavirus Task ForceMar. 31, 2020The 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-192Guidelines for Opening Up America Again (Apr. 16, 2020)The President and the White House Coronavirus Task ForceApr. 16, 2020The 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-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS 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-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-202Proclamation 9993President Donald J. TrumpMar. 11, 2020President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)/library/FED-202/exhibit/FED-202
Ex. FED-203Proclamation 9996President Donald J. TrumpMar. 14, 2020President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)/library/FED-203/exhibit/FED-203
Ex. FED-204Proclamation 10041President Donald J. TrumpMay 24, 2020President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)/library/FED-204/exhibit/FED-204
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-210Proclamation 10014President Donald J. TrumpApr. 22, 2020President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)/library/FED-210/exhibit/FED-210
Ex. FED-211Proclamation 10052President Donald J. TrumpJune 22, 2020President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)/library/FED-211/exhibit/FED-211
Ex. FED-212Proclamation 10054President Donald J. TrumpJune 29, 2020President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)/library/FED-212/exhibit/FED-212
Ex. FED-213Proclamation 10131President Donald J. TrumpDec. 31, 2020President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)/library/FED-213/exhibit/FED-213
Ex. FED-214Proclamation 10149President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)/library/FED-214/exhibit/FED-214
Ex. FED-216Notification 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 ProtectionMar. 24, 2020U.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-217Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (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-219Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (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-222Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (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-225Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (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-226Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, 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-229Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (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-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (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-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (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-239Notification 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 CBPMar. 24, 2020DHS (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-240Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (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-242Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (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-245Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (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-248Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (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-249Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, 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-252Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (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-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (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-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (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-264OMB Memorandum M-20-16Office of Management and Budget (Acting Director Russell T. Vought)Mar. 17, 2020Office 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-265OMB Memorandum M-20-17Office of Management and BudgetMar. 19, 2020Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)/library/FED-265/exhibit/FED-265
Ex. FED-266OMB Memorandum M-20-18Office of Management and Budget (Deputy Director for Management)Mar. 20, 2020Office 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-267OMB Memorandum M-20-19Office of Management and BudgetMar. 22, 2020Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)/library/FED-267/exhibit/FED-267
Ex. FED-268OMB/OPM Memorandum M-20-23Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)Apr. 20, 2020Office 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-270Executive 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 ForceJan. 24, 2021Office 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-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office 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-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer 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-274Executive 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 OMBSept. 24, 2021Safer 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-275Determination 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, 2021Office 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-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer 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-279Order 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, 2020United 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-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary 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-281Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019Deputy Secretary of Defense David L. NorquistMar. 13, 2020Deputy 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-282Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel RestrictionsSecretary of Defense Mark T. EsperApr. 20, 2020Secretary 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-283Secretary 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. EsperMay 22, 2020Secretary 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-284Order of the Chief Judge No. 20-042Chief Judge Virginia A. PhillipsMar. 19, 2020Chief 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-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief 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-286General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)Mar. 25, 2020United 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-288General Order 2020-8Chief Judge Philip A. BrimmerMay 6, 2020Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)/library/FED-288/exhibit/FED-288
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme 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-291Press release of March 16, 2020 (postponement of the March 2020 argument session)Supreme Court of the United States (Public Information Office)Mar. 16, 2020Supreme 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-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme 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-293Press release of April 3, 2020 (postponement of the April 2020 argument session)Supreme Court of the United States (Public Information Office)Apr. 3, 2020Supreme 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-294Press release of April 13, 2020 (telephone arguments in May 2020)Supreme Court of the United States (Public Information Office)Apr. 13, 2020Supreme 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-295Judicial 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, 2020Mar. 29, 2020Judicial 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-296Tenth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerFeb. 12, 2021Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)/library/FED-296/exhibit/FED-296
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief 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-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief 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-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief 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-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive 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-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-303Standing Order 20-17Chief Judge Freda L. WolfsonNov. 25, 2020Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)/library/FED-303/exhibit/FED-303
Ex. FED-304Third Extension of Standing Order 20-12Chief Judge Freda L. WolfsonDec. 17, 2020Chief 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-305Standing Order 21-02Chief Judge Freda L. WolfsonMar. 17, 2021Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)/library/FED-305/exhibit/FED-305
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-310Second Amended Standing Order 2020-02Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)/library/FED-310/exhibit/FED-310
Ex. FED-311Standing Order 2020-04Chief Judge James K. BredarMar. 16, 2020Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)/library/FED-311/exhibit/FED-311
Ex. FED-312Standing Order 2020-05Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)/library/FED-312/exhibit/FED-312
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-316Fourth Amendment to General Order 20-01Chief Judge Thomas W. Thrash, Jr.July 31, 2020Chief 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-317General Order 72Chief Judge Phyllis J. HamiltonMar. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)/library/FED-317/exhibit/FED-317
Ex. FED-318General Order 72-2Chief Judge Phyllis J. HamiltonApr. 30, 2020Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)/library/FED-318/exhibit/FED-318
Ex. FED-319Important 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 AffairsMar. 26, 2020U.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-320Temporary 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 ServicesApr. 20, 2020U.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-321Temporary 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, USCISMay 14, 2020U.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-322Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…DHS, USCISAug. 20, 2020DHS, 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-323Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…DHS, USCISDec. 18, 2020DHS, 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-324USCIS 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, 2020U.S. Citizenship and Immigration ServicesMar. 17, 2020U.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-325USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4U.S. Citizenship and Immigration ServicesMay 27, 2020U.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-327Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)U.S. Department of State, Bureau of Consular AffairsMar. 20, 2020U.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-328Phased Resumption of Routine Visa Services (announcement of July 14, 2020)U.S. Department of State, Bureau of Consular AffairsJuly 14, 2020U.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-331General Order 72-4Chief Judge Phyllis J. HamiltonJune 24, 2020Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)/library/FED-331/exhibit/FED-331
Ex. FED-332General Order 72-5Chief Judge Phyllis J. HamiltonJuly 23, 2020Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)/library/FED-332/exhibit/FED-332
Ex. FED-333General Order 72-6Chief Judge Phyllis J. HamiltonSept. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)/library/FED-333/exhibit/FED-333
Ex. FED-334General Order 73 (Amended May 21, 2020)Chief Judge Phyllis J. HamiltonMay 21, 2020Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)/library/FED-334/exhibit/FED-334
Ex. FED-336General Order 77Chief Judge Phyllis J. HamiltonJune 9, 2020Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)/library/FED-336/exhibit/FED-336
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-338General Order 20-0012 (original)Chief Judge Rebecca R. PallmeyerMar. 12, 2020Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)/library/FED-338/exhibit/FED-338
Ex. FED-339Eighth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerNov. 13, 2020Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)/library/FED-339/exhibit/FED-339
Ex. FED-340CARES 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, 2020Congress (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-342Interagency 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 SupervisorsApr. 7, 2020Federal 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-343Treatment 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 ProtectionJune 30, 2020Bureau 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-344Protections 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 ProtectionJune 25, 2021Bureau 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-345Memorandum 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, 2020President 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-346FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed MortgagesFederal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie MacMar. 18, 2020Federal 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-348FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)Federal Housing Finance AgencyJune 17, 2020Federal 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-349FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)Federal Housing Finance AgencyAug. 27, 2020Federal 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-350FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)Federal Housing Finance AgencyDec. 2, 2020Federal 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-353FHFA 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 AgencyFeb. 25, 2021Federal 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-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal 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-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal 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-356Mortgagee Letter 2020-04U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)Mar. 18, 2020U.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-359Mortgagee Letter 2020-19HUD, Federal Housing AdministrationJune 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)/library/FED-359
Ex. FED-360Mortgagee Letter 2020-27HUD, Federal Housing AdministrationAug. 27, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)/library/FED-360/exhibit/FED-360
Ex. FED-361Mortgagee Letter 2020-43HUD, Federal Housing AdministrationDec. 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)/library/FED-361/exhibit/FED-361
Ex. FED-362Mortgagee Letter 2021-03HUD, Federal Housing AdministrationJan. 21, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)/library/FED-362/exhibit/FED-362
Ex. FED-363Mortgagee Letter 2021-05HUD, Federal Housing AdministrationFeb. 16, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)/library/FED-363/exhibit/FED-363
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-367Circular 26-20-7Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty ServiceMar. 16, 2020Department 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-368Circular 26-20-8VA, Loan Guaranty ServiceMar. 18, 2020VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)/library/FED-368/exhibit/FED-368
Ex. FED-369Circular 26-20-12VA, Loan Guaranty ServiceApr. 8, 2020VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)/library/FED-369/exhibit/FED-369
Ex. FED-371Circular 26-20-22VA, Loan Guaranty ServiceJune 17, 2020VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)/library/FED-371/exhibit/FED-371
Ex. FED-372Circular 26-20-23VA, Loan Guaranty ServiceJune 18, 2020VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)/library/FED-372/exhibit/FED-372
Ex. FED-373Circular 26-20-29VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)/library/FED-373/exhibit/FED-373
Ex. FED-374Circular 26-20-30VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)/library/FED-374/exhibit/FED-374
Ex. FED-375Circular 26-20-40VA, Loan Guaranty ServiceDec. 28, 2020VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)/library/FED-375/exhibit/FED-375
Ex. FED-376Circular 26-21-2VA, Loan Guaranty ServiceJan. 29, 2021VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)/library/FED-376/exhibit/FED-376
Ex. FED-377Circular 26-21-5VA, Loan Guaranty ServiceFeb. 16, 2021VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)/library/FED-377
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-381USDA 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 DevelopmentMar. 19, 2020U.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-382USDA 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 DevelopmentDec. 28, 2020USDA 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-384USDA 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, 2021USDA 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-385USDA 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, 2021USDA 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-386Secretary 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. BernhardtMar. 22, 2020Secretary 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-387NPS 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 ServiceMar. 18, 2020Secretary 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-389BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in OregonBureau of Land Management, Oregon/Washington State Office and District ManagersMar. 27, 2020Bureau 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-390Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitorsBureau of ReclamationMar. 17, 2020Bureau 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-391USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment OnlyU.S. Department of Agriculture, Farm Production and Conservation mission areaMar. 23, 2020U.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-393USACE 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 commandersMar. 17, 2020U.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-396The 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, 2020The 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-398H.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, 2020U.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. IL-042Executive Order 2021-20 (COVID-19 Executive Order No. 87)Governor JB PritzkerAug. 26, 2021Governor JB Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. IL-042)/library/IL-042/exhibit/IL-042
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United 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-002Consolidated 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 CongressDec. 27, 2020United 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-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United 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-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United 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. SEC-16-001Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, 141 S. Ct. 63 (per curiam)Supreme Court of the United StatesNov. 25, 2020Supreme Court of the United States, Roman Catholic Diocese of Brooklyn v. Cuomo, No. 20A87, 141 S. Ct. 63 (per curiam) (Nov. 25, 2020) (Ex. SEC-16-001)/library/SEC-16-001/exhibit/SEC-16-001
Ex. SEC-16-002South Bay United Pentecostal Church v. Newsom, No. 19A1044, 140 S. Ct. 1613Supreme Court of the United StatesMay 29, 2020Supreme Court of the United States, South Bay United Pentecostal Church v. Newsom, No. 19A1044, 140 S. Ct. 1613 (May 29, 2020) (Ex. SEC-16-002)/library/SEC-16-002/exhibit/SEC-16-002
Ex. SEC-16-003Calvary Chapel Dayton Valley v. Sisolak, No. 19A1070, 140 S. Ct. 2603Supreme Court of the United StatesJuly 24, 2020Supreme Court of the United States, Calvary Chapel Dayton Valley v. Sisolak, No. 19A1070, 140 S. Ct. 2603 (July 24, 2020) (Ex. SEC-16-003)/library/SEC-16-003/exhibit/SEC-16-003
Ex. SEC-16-004South Bay United Pentecostal Church v. Newsom, No. 20A136, 141 S. Ct. 716Supreme Court of the United StatesFeb. 5, 2021Supreme Court of the United States, South Bay United Pentecostal Church v. Newsom, No. 20A136, 141 S. Ct. 716 (Feb. 5, 2021) (Ex. SEC-16-004)/library/SEC-16-004/exhibit/SEC-16-004
Ex. SEC-16-005Tandon v. Newsom, No. 20A151, 141 S. Ct. 1294 (per curiam)Supreme Court of the United StatesApr. 9, 2021Supreme Court of the United States, Tandon v. Newsom, No. 20A151, 141 S. Ct. 1294 (per curiam) (Apr. 9, 2021) (Ex. SEC-16-005)/library/SEC-16-005/exhibit/SEC-16-005
Ex. SEC-16-006Calvary Chapel Dayton Valley v. Sisolak, 982 F.3d 1228 (9th Cir. Dec. 15, 2020)United States Court of Appeals for the Ninth CircuitDec. 15, 2020United States Court of Appeals for the Ninth Circuit, Calvary Chapel Dayton Valley v. Sisolak, 982 F.3d 1228 (9th Cir. Dec. 15, 2020) (Ex. SEC-16-006)/library/SEC-16-006/exhibit/SEC-16-006
Ex. SEC-16-007South Bay United Pentecostal Church v. Newsom, No. 20-56358, 985 F.3d 1128United States Court of Appeals for the Ninth CircuitJan. 22, 2021United States Court of Appeals for the Ninth Circuit, South Bay United Pentecostal Church v. Newsom, No. 20-56358, 985 F.3d 1128 (Jan. 22, 2021) (Ex. SEC-16-007)/library/SEC-16-007/exhibit/SEC-16-007
Ex. SEC-16-008Spell v. Edwards, No. 20-30358, 962 F.3d 175United States Court of Appeals for the Fifth CircuitJune 18, 2020United States Court of Appeals for the Fifth Circuit, Spell v. Edwards, No. 20-30358, 962 F.3d 175 (June 18, 2020) (Ex. SEC-16-008)/library/SEC-16-008/exhibit/SEC-16-008
Ex. SEC-16-009Maryville Baptist Church, Inc. v. Beshear, No. 20-5427, 957 F.3d 610United States Court of Appeals for the Sixth CircuitMay 2, 2020United States Court of Appeals for the Sixth Circuit, Maryville Baptist Church, Inc. v. Beshear, No. 20-5427, 957 F.3d 610 (May 2, 2020) (Ex. SEC-16-009)/library/SEC-16-009/exhibit/SEC-16-009
Ex. SEC-16-010Roberts v. Neace, No. 20-5465, 958 F.3d 409 (per curiam)United States Court of Appeals for the Sixth CircuitMay 9, 2020United States Court of Appeals for the Sixth Circuit, Roberts v. Neace, No. 20-5465, 958 F.3d 409 (per curiam) (May 9, 2020) (Ex. SEC-16-010)/library/SEC-16-010/exhibit/SEC-16-010
Ex. SEC-16-011Executive Order No. 121Governor Roy CooperMar. 27, 2020Governor Roy Cooper, Executive Order No. 121 (Mar. 27, 2020) (Ex. SEC-16-011)/library/SEC-16-011/exhibit/SEC-16-011
Ex. SEC-16-012Executive Order No. 138Governor Roy CooperMay 5, 2020Governor Roy Cooper, Executive Order No. 138 (May 5, 2020) (Ex. SEC-16-012)/library/SEC-16-012/exhibit/SEC-16-012
Ex. SEC-16-014Executive Order No. 20-12Governor Kate BrownMar. 23, 2020Governor Kate Brown, Executive Order No. 20-12 (Mar. 23, 2020) (Ex. SEC-16-014)/library/SEC-16-014/exhibit/SEC-16-014
Ex. SEC-16-015Emergency Executive Order 20-62Governor Tim WalzMay 23, 2020Governor Tim Walz, Emergency Executive Order 20-62 (May 23, 2020) (Ex. SEC-16-015)/library/SEC-16-015/exhibit/SEC-16-015
Ex. SEC-16-016Emergency Executive Order 20-74Governor Tim WalzJune 5, 2020Governor Tim Walz, Emergency Executive Order 20-74 (June 5, 2020) (Ex. SEC-16-016)/library/SEC-16-016
Ex. SEC-16-017Executive Order No. 20-18Governor Laura KellyApr. 7, 2020Governor Laura Kelly, Executive Order No. 20-18 (Apr. 7, 2020) (Ex. SEC-16-017)/library/SEC-16-017
Ex. SEC-16-018Executive Order No. 7TTGovernor Ned LamontMay 29, 2020Governor Ned Lamont, Executive Order No. 7TT (May 29, 2020) (Ex. SEC-16-018)/library/SEC-16-018/exhibit/SEC-16-018
Ex. SEC-16-020Order concerning mass gatheringsCabinet for Health and Family Services, Department for Public Health (Secretary Eric C. Friedlander)Mar. 19, 2020Cabinet for Health and Family Services, Department for Public Health (Secretary Eric C. Friedlander), Order concerning mass gatherings (Mar. 19, 2020) (Ex. SEC-16-020)/library/SEC-16-020/exhibit/SEC-16-020
Ex. SEC-16-021Executive Order No. 152Governor Philip D. MurphyJune 9, 2020Governor Philip D. Murphy, Executive Order No. 152 (June 9, 2020) (Ex. SEC-16-021)/library/SEC-16-021/exhibit/SEC-16-021
Ex. SEC-16-022Executive Order No. 183Governor Philip D. MurphySept. 1, 2020Governor Philip D. Murphy, Executive Order No. 183 (Sept. 1, 2020) (Ex. SEC-16-022)/library/SEC-16-022/exhibit/SEC-16-022
Ex. SEC-16-023Capitol Hill Baptist Church v. Bowser, No. 20-cv-2710, 496 F. Supp. 3d 284 (ECF No. 43)United States District Court for the District of Columbia (McFadden, J.)Oct. 9, 2020United States District Court for the District of Columbia (McFadden, J.), Capitol Hill Baptist Church v. Bowser, No. 20-cv-2710, 496 F. Supp. 3d 284 (ECF No. 43) (Oct. 9, 2020) (Ex. SEC-16-023)/library/SEC-16-023/exhibit/SEC-16-023
Ex. SEC-16-024Emergency Order: Gatherings and Face Mask Order (Pause to Save Lives)Michigan Department of Health and Human Services (Director Robert Gordon)Nov. 15, 2020Michigan Department of Health and Human Services (Director Robert Gordon), Emergency Order: Gatherings and Face Mask Order (Pause to Save Lives) (Nov. 15, 2020) (Ex. SEC-16-024)/library/SEC-16-024
Ex. SEC-16-025Emergency Order: Gatherings and Face Mask OrderMichigan Department of Health and Human ServicesOct. 29, 2020Michigan Department of Health and Human Services, Emergency Order: Gatherings and Face Mask Order (Oct. 29, 2020) (Ex. SEC-16-025)/library/SEC-16-025
Ex. SEC-16-026Agudath Israel of America v. Cuomo; Roman Catholic Diocese of Brooklyn v. Cuomo, Nos. 20-3572, 20-3590, 983 F.3d 620United States Court of Appeals for the Second CircuitDec. 28, 2020United States Court of Appeals for the Second Circuit, Agudath Israel of America v. Cuomo; Roman Catholic Diocese of Brooklyn v. Cuomo, Nos. 20-3572, 20-3590, 983 F.3d 620 (Dec. 28, 2020) (Ex. SEC-16-026)/library/SEC-16-026/exhibit/SEC-16-026
Ex. SEC-16-027Elim Romanian Pentecostal Church v. Pritzker, No. 20-1811, 962 F.3d 341United States Court of Appeals for the Seventh Circuit (Easterbrook, J.)June 16, 2020United States Court of Appeals for the Seventh Circuit (Easterbrook, J.), Elim Romanian Pentecostal Church v. Pritzker, No. 20-1811, 962 F.3d 341 (June 16, 2020) (Ex. SEC-16-027)/library/SEC-16-027/exhibit/SEC-16-027
Ex. SEC-16-028Kelly v. Legislative Coordinating Council, No. 122,765, 310 Kan. 1Supreme Court of KansasApr. 11, 2020Supreme Court of Kansas, Kelly v. Legislative Coordinating Council, No. 122,765, 310 Kan. 1 (Apr. 11, 2020) (Ex. SEC-16-028)/library/SEC-16-028/exhibit/SEC-16-028
Ex. SEC-16-029Wisconsin Legislature v. Palm, 2020 WI 42, No. 2020AP765-OASupreme Court of WisconsinMay 13, 2020Supreme Court of Wisconsin, Wisconsin Legislature v. Palm, 2020 WI 42, No. 2020AP765-OA (May 13, 2020) (Ex. SEC-16-029)/library/SEC-16-029/exhibit/SEC-16-029
Ex. SEC-16-030Wisconsin Council of Religious and Independent Schools (WCRIS) v. Heinrich, 2021 WI 52, No. 2020AP1420-OASupreme Court of WisconsinJune 11, 2021Supreme Court of Wisconsin, Wisconsin Council of Religious and Independent Schools (WCRIS) v. Heinrich, 2021 WI 52, No. 2020AP1420-OA (June 11, 2021) (Ex. SEC-16-030)/library/SEC-16-030/exhibit/SEC-16-030
Ex. SEC-16-031Elkhorn Baptist Church v. Brown, 366 Or. 506, S067736Supreme Court of OregonJune 12, 2020Supreme Court of Oregon, Elkhorn Baptist Church v. Brown, 366 Or. 506, S067736 (June 12, 2020) (Ex. SEC-16-031)/library/SEC-16-031/exhibit/SEC-16-031
Ex. SEC-16-032Commonwealth ex rel. Danville Christian Academy, Inc. v. Beshear, No. 20-6341, 981 F.3d 505United States Court of Appeals for the Sixth CircuitNov. 29, 2020United States Court of Appeals for the Sixth Circuit, Commonwealth ex rel. Danville Christian Academy, Inc. v. Beshear, No. 20-6341, 981 F.3d 505 (Nov. 29, 2020) (Ex. SEC-16-032)/library/SEC-16-032/exhibit/SEC-16-032
Ex. SEC-16-033Monclova Christian Academy v. Toledo-Lucas County Health Department, No. 20-4300, 984 F.3d 477United States Court of Appeals for the Sixth CircuitDec. 31, 2020United States Court of Appeals for the Sixth Circuit, Monclova Christian Academy v. Toledo-Lucas County Health Department, No. 20-4300, 984 F.3d 477 (Dec. 31, 2020) (Ex. SEC-16-033)/library/SEC-16-033/exhibit/SEC-16-033
Ex. SEC-16-034Harvest Rock Church, Inc. v. Newsom, No. 20-56357United States Court of Appeals for the Ninth CircuitDec. 23, 2020United States Court of Appeals for the Ninth Circuit, Harvest Rock Church, Inc. v. Newsom, No. 20-56357 (Dec. 23, 2020) (Ex. SEC-16-034)/library/SEC-16-034/exhibit/SEC-16-034
Ex. SEC-16-035Tandon v. Newsom, No. 21-15228, 992 F.3d 916United States Court of Appeals for the Ninth CircuitMar. 30, 2021United States Court of Appeals for the Ninth Circuit, Tandon v. Newsom, No. 21-15228, 992 F.3d 916 (Mar. 30, 2021) (Ex. SEC-16-035)/library/SEC-16-035/exhibit/SEC-16-035
Ex. SEC-16-036Calvary Chapel of Bangor v. Mills, No. 20-1507, 984 F.3d 21United States Court of Appeals for the First CircuitDec. 22, 2020United States Court of Appeals for the First Circuit, Calvary Chapel of Bangor v. Mills, No. 20-1507, 984 F.3d 21 (Dec. 22, 2020) (Ex. SEC-16-036)/library/SEC-16-036/exhibit/SEC-16-036
Ex. SEC-16-037Agudath Israel of America v. Cuomo, No. 20A90 (miscellaneous order)Supreme Court of the United StatesNov. 25, 2020Supreme Court of the United States, Agudath Israel of America v. Cuomo, No. 20A90 (miscellaneous order) (Nov. 25, 2020) (Ex. SEC-16-037)/library/SEC-16-037/exhibit/SEC-16-037
Ex. SEC-16-038Harvest Rock Church v. Newsom, No. 20A94 (miscellaneous order)Supreme Court of the United StatesDec. 3, 2020Supreme Court of the United States, Harvest Rock Church v. Newsom, No. 20A94 (miscellaneous order) (Dec. 3, 2020) (Ex. SEC-16-038)/library/SEC-16-038/exhibit/SEC-16-038
Ex. SEC-16-039Robinson v. Murphy, No. 20A95 (miscellaneous order; order list of Dec. 15, 2020)Supreme Court of the United StatesDec. 15, 2020Supreme Court of the United States, Robinson v. Murphy, No. 20A95 (miscellaneous order; order list of Dec. 15, 2020) (Ex. SEC-16-039)/library/SEC-16-039/exhibit/SEC-16-039
Ex. SEC-16-040Gateway City Church v. Newsom, No. 20A138 (miscellaneous order)Supreme Court of the United StatesFeb. 26, 2021Supreme Court of the United States, Gateway City Church v. Newsom, No. 20A138 (miscellaneous order) (Feb. 26, 2021) (Ex. SEC-16-040)/library/SEC-16-040/exhibit/SEC-16-040
Ex. SEC-16-041Executive Order 2020-969Governor Andy BeshearNov. 18, 2020Governor Andy Beshear, Executive Order 2020-969 (Nov. 18, 2020) (Ex. SEC-16-041)/library/SEC-16-041/exhibit/SEC-16-041
Ex. SEC-16-042Order amending the Mass Gatherings OrderCabinet for Health and Family Services, Department for Public HealthJuly 20, 2020Cabinet for Health and Family Services, Department for Public Health, Order amending the Mass Gatherings Order (July 20, 2020) (Ex. SEC-16-042)/library/SEC-16-042/exhibit/SEC-16-042
Ex. SEC-16-043Executive Order 2021-585Governor Andy BeshearAug. 10, 2021Governor Andy Beshear, Executive Order 2021-585 (Aug. 10, 2021) (Ex. SEC-16-043)/library/SEC-16-043/exhibit/SEC-16-043
Ex. SEC-16-044Executive Order No. 196Governor Philip D. MurphyNov. 16, 2020Governor Philip D. Murphy, Executive Order No. 196 (Nov. 16, 2020) (Ex. SEC-16-044)/library/SEC-16-044/exhibit/SEC-16-044
Ex. SEC-16-045Executive Order No. 204Governor Philip D. MurphyNov. 30, 2020Governor Philip D. Murphy, Executive Order No. 204 (Nov. 30, 2020) (Ex. SEC-16-045)/library/SEC-16-045/exhibit/SEC-16-045
Ex. SEC-16-046Executive Order No. 230Governor Philip D. MurphyMar. 11, 2021Governor Philip D. Murphy, Executive Order No. 230 (Mar. 11, 2021) (Ex. SEC-16-046)/library/SEC-16-046/exhibit/SEC-16-046
Ex. SEC-16-047Executive Order No. 241Governor Philip D. MurphyMay 17, 2021Governor Philip D. Murphy, Executive Order No. 241 (May 17, 2021) (Ex. SEC-16-047)/library/SEC-16-047/exhibit/SEC-16-047
Ex. SEC-16-048Executive Order No. 7DGovernor Ned LamontMar. 16, 2020Governor Ned Lamont, Executive Order No. 7D (Mar. 16, 2020) (Ex. SEC-16-048)/library/SEC-16-048/exhibit/SEC-16-048
Ex. SEC-16-049Executive Order No. 9LGovernor Ned LamontNov. 9, 2020Governor Ned Lamont, Executive Order No. 9L (Nov. 9, 2020) (Ex. SEC-16-049)/library/SEC-16-049/exhibit/SEC-16-049
Ex. SEC-16-050Third Amended Public Health Order 20-36 COVID-19 DialColorado Department of Public Health and Environment (Executive Director Jill Hunsaker Ryan)Dec. 7, 2020Colorado Department of Public Health and Environment (Executive Director Jill Hunsaker Ryan), Third Amended Public Health Order 20-36 COVID-19 Dial (Dec. 7, 2020) (Ex. SEC-16-050)/library/SEC-16-050/exhibit/SEC-16-050
Ex. SEC-16-051Executive Order No. 1463Governor Tate ReevesMar. 24, 2020Governor Tate Reeves, Executive Order No. 1463 (Mar. 24, 2020) (Ex. SEC-16-051)/library/SEC-16-051
Ex. SEC-16-052Executive Order No. 1466Governor Tate ReevesApr. 1, 2020Governor Tate Reeves, Executive Order No. 1466 (Apr. 1, 2020) (Ex. SEC-16-052)/library/SEC-16-052
Ex. SEC-16-054Executive Order 04.02.20.01Governor Brian P. KempApr. 2, 2020Governor Brian P. Kemp, Executive Order 04.02.20.01 (Apr. 2, 2020) (Ex. SEC-16-054)/library/SEC-16-054/exhibit/SEC-16-054
Ex. SEC-16-055Executive Order 04.20.20.01Governor Brian P. KempApr. 20, 2020Governor Brian P. Kemp, Executive Order 04.20.20.01 (Apr. 20, 2020) (Ex. SEC-16-055)/library/SEC-16-055/exhibit/SEC-16-055
Ex. SEC-16-056Executive Order No. 17Governor Bill LeeMar. 22, 2020Governor Bill Lee, Executive Order No. 17 (Mar. 22, 2020) (Ex. SEC-16-056)/library/SEC-16-056/exhibit/SEC-16-056
Ex. SEC-16-057Executive Order No. 30Governor Bill LeeApr. 28, 2020Governor Bill Lee, Executive Order No. 30 (Apr. 28, 2020) (Ex. SEC-16-057)/library/SEC-16-057/exhibit/SEC-16-057
Ex. SEC-16-058Executive Order 20-08Governor Eric J. HolcombMar. 23, 2020Governor Eric J. Holcomb, Executive Order 20-08 (Mar. 23, 2020) (Ex. SEC-16-058)/library/SEC-16-058
Ex. SEC-16-059Executive Order 20-26Governor Eric J. HolcombMay 1, 2020Governor Eric J. Holcomb, Executive Order 20-26 (May 1, 2020) (Ex. SEC-16-059)/library/SEC-16-059
Ex. SEC-16-060Proclamation of Disaster Emergency (Public Health Disaster Emergency)Governor Kim ReynoldsMar. 17, 2020Governor Kim Reynolds, Proclamation of Disaster Emergency (Public Health Disaster Emergency) (Mar. 17, 2020) (Ex. SEC-16-060)/library/SEC-16-060/exhibit/SEC-16-060
Ex. SEC-16-062Emergency Order #12Andrea Palm, Secretary-designee, Department of Health ServicesMar. 24, 2020Andrea Palm, Secretary-designee, Department of Health Services, Emergency Order #12 (Mar. 24, 2020) (Ex. SEC-16-062)/library/SEC-16-062/exhibit/SEC-16-062
Ex. SEC-16-063Emergency Order #28Andrea Palm, Secretary-designee, Department of Health ServicesApr. 16, 2020Andrea Palm, Secretary-designee, Department of Health Services, Emergency Order #28 (Apr. 16, 2020) (Ex. SEC-16-063)/library/SEC-16-063/exhibit/SEC-16-063
Ex. SEC-16-065Addendum 3 to Executive Order 01-20Governor Phil ScottMar. 20, 2020Governor Phil Scott, Addendum 3 to Executive Order 01-20 (Mar. 20, 2020) (Ex. SEC-16-065)/library/SEC-16-065/exhibit/SEC-16-065
Ex. SEC-16-066Executive Order 14 FY 19/20Governor Janet T. MillsMar. 18, 2020Governor Janet T. Mills, Executive Order 14 FY 19/20 (Mar. 18, 2020) (Ex. SEC-16-066)/library/SEC-16-066
Ex. SEC-16-067Executive Order 20-03-30-01Governor Lawrence J. Hogan, Jr.Mar. 30, 2020Governor Lawrence J. Hogan, Jr, Executive Order 20-03-30-01 (Mar. 30, 2020) (Ex. SEC-16-067)/library/SEC-16-067
Ex. SEC-16-069Proclamation 30 JBE 2020Governor John Bel EdwardsMar. 16, 2020Governor John Bel Edwards, Proclamation 30 JBE 2020 (Mar. 16, 2020) (Ex. SEC-16-069)/library/SEC-16-069
Ex. SEC-16-072Interim Guidance for Religious and Funeral Services During the COVID-19 Public Health EmergencyNew York State Department of Health (with Empire State Development)June 6, 2020New York State Department of Health (with Empire State Development), Interim Guidance for Religious and Funeral Services During the COVID-19 Public Health Emergency (June 6, 2020) (Ex. SEC-16-072)/library/SEC-16-072/exhibit/SEC-16-072
Ex. SEC-16-073Executive Order 202.68Governor Andrew M. CuomoOct. 6, 2020Governor Andrew M. Cuomo, Executive Order 202.68 (Oct. 6, 2020) (Ex. SEC-16-073)/library/SEC-16-073/exhibit/SEC-16-073
Ex. SEC-16-074Proclamation 20-25.4Governor Jay InsleeMay 31, 2020Governor Jay Inslee, Proclamation 20-25.4 (May 31, 2020) (Ex. SEC-16-074)/library/SEC-16-074/exhibit/SEC-16-074
Ex. SEC-16-076COVID-19 Order No. 33Governor Charles D. BakerMay 18, 2020Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. SEC-16-076)/library/SEC-16-076/exhibit/SEC-16-076
Ex. SEC-16-078Executive Order 2020-32 (COVID-19 Executive Order No. 30)Governor J.B. PritzkerApr. 30, 2020Governor J.B. Pritzker, Executive Order 2020-32 (COVID-19 Executive Order No. 30) (Apr. 30, 2020) (Ex. SEC-16-078)/library/SEC-16-078/exhibit/SEC-16-078
Ex. SEC-16-079Executive Order 2020-38 (COVID-19 Executive Order No. 36)Governor J.B. PritzkerMay 29, 2020Governor J.B. Pritzker, Executive Order 2020-38 (COVID-19 Executive Order No. 36) (May 29, 2020) (Ex. SEC-16-079)/library/SEC-16-079/exhibit/SEC-16-079
Ex. SEC-16-080Director's Stay at Home OrderAmy Acton, M.D., M.P.H., Director, Ohio Department of HealthMar. 22, 2020Amy Acton, M.D., M.P.H., Director, Ohio Department of Health, Director's Stay at Home Order (Mar. 22, 2020) (Ex. SEC-16-080)/library/SEC-16-080/exhibit/SEC-16-080
Ex. SEC-16-081Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (Safer at Home)State Health Officer Scott HarrisApr. 28, 2020State Health Officer Scott Harris, Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (Safer at Home) (Apr. 28, 2020) (Ex. SEC-16-081)/library/SEC-16-081
Ex. SEC-16-082Executive Order 2020-13Governor Henry McMasterMar. 23, 2020Governor Henry McMaster, Executive Order 2020-13 (Mar. 23, 2020) (Ex. SEC-16-082)/library/SEC-16-082
Ex. SEC-16-085Fourth Amended Executive Order 2020-07Governor J. Kevin StittMar. 24, 2020Governor J. Kevin Stitt, Fourth Amended Executive Order 2020-07 (Mar. 24, 2020) (Ex. SEC-16-085)/library/SEC-16-085/exhibit/SEC-16-085
Ex. SEC-16-086Emergency Order #16Governor Christopher T. SununuMar. 23, 2020Governor Christopher T. Sununu, Emergency Order #16 (Mar. 23, 2020) (Ex. SEC-16-086)/library/SEC-16-086
Ex. SEC-16-087Third Supplementary ProclamationGovernor David Y. IgeMar. 23, 2020Governor David Y. Ige, Third Supplementary Proclamation (Mar. 23, 2020) (Ex. SEC-16-087)/library/SEC-16-087
Ex. SEC-16-088Executive Order 2020-12Governor Kristi NoemApr. 6, 2020Governor Kristi Noem, Executive Order 2020-12 (Apr. 6, 2020) (Ex. SEC-16-088)/library/SEC-16-088/exhibit/SEC-16-088
Ex. SEC-16-089Executive Order 2020-06Governor Doug BurgumMar. 19, 2020Governor Doug Burgum, Executive Order 2020-06 (Mar. 19, 2020) (Ex. SEC-16-089)/library/SEC-16-089/exhibit/SEC-16-089
Ex. SEC-16-090Statewide Stay-Home Order (Order to Self-Isolate)Governor Brad Little / Director, Idaho Department of Health and WelfareMar. 25, 2020Governor Brad Little / Director, Idaho Department of Health and Welfare, Statewide Stay-Home Order (Order to Self-Isolate) (Mar. 25, 2020) (Ex. SEC-16-090)/library/SEC-16-090
Ex. SEC-16-091Stay Home Missouri OrderRandall W. Williams, M.D., Director, Department of Health and Senior ServicesApr. 3, 2020Randall W. Williams, M.D., Director, Department of Health and Senior Services, Stay Home Missouri Order (Apr. 3, 2020) (Ex. SEC-16-091)/library/SEC-16-091
Ex. SEC-16-092COVID-19 Industry Guidance: Places of Worship and Providers of Religious Services and Cultural CeremoniesCalifornia Department of Public Health and Cal/OSHAJuly 29, 2020California Department of Public Health and Cal/OSHA, COVID-19 Industry Guidance: Places of Worship and Providers of Religious Services and Cultural Ceremonies (July 29, 2020) (Ex. SEC-16-092)/library/SEC-16-092
Ex. SEC-16-093Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021)California Department of Public Health (State Public Health Officer)Aug. 28, 2020California Department of Public Health (State Public Health Officer), Blueprint for a Safer Economy: Activity and Business Tiers (version updated through Apr. 28, 2021) (Aug. 28, 2020) (Ex. SEC-16-093)/library/SEC-16-093/exhibit/SEC-16-093
Ex. SEC-16-094Executive Order 53Governor Ralph S. NorthamMar. 23, 2020Governor Ralph S. Northam, Executive Order 53 (Mar. 23, 2020) (Ex. SEC-16-094)/library/SEC-16-094
Ex. SEC-16-095BOP COVID-19 Action Plan (Phase Two)Federal Bureau of Prisons, U.S. Department of JusticeMar. 13, 2020Federal Bureau of Prisons, U.S. Department of Justice, BOP COVID-19 Action Plan (Phase Two) (Mar. 13, 2020) (Ex. SEC-16-095)/library/SEC-16-095/exhibit/SEC-16-095
Ex. SEC-16-099CES series CES8081300001: All employees, religious, grantmaking, civic, professional and similar organizations (NAICS 813), seasonally adjusted, 2019-2021U.S. Bureau of Labor Statistics, Current Employment StatisticsSept. 26, 2026U.S. Bureau of Labor Statistics, Current Employment Statistics, CES series CES8081300001: All employees, religious, grantmaking, civic, professional and similar organizations (NAICS 813), seasonally adjusted, 2019-2021 (Sept. 26, 2026) (Ex. SEC-16-099)/library/SEC-16-099/exhibit/SEC-16-099
Ex. SEC-16-100Executive Order No. 107Governor Philip D. MurphyMar. 21, 2020Governor Philip D. Murphy, Executive Order No. 107 (Mar. 21, 2020) (Ex. SEC-16-100)/library/SEC-16-100/exhibit/SEC-16-100
Ex. SEC-16-101Executive Order No. 7NGovernor Ned LamontMar. 26, 2020Governor Ned Lamont, Executive Order No. 7N (Mar. 26, 2020) (Ex. SEC-16-101)/library/SEC-16-101/exhibit/SEC-16-101
Ex. SEC-16-102Executive Order No. 9FGovernor Ned LamontOct. 8, 2020Governor Ned Lamont, Executive Order No. 9F (Oct. 8, 2020) (Ex. SEC-16-102)/library/SEC-16-102/exhibit/SEC-16-102
Ex. SEC-16-103Executive Order No. 10AGovernor Ned LamontFeb. 8, 2021Governor Ned Lamont, Executive Order No. 10A (Feb. 8, 2021) (Ex. SEC-16-103)/library/SEC-16-103/exhibit/SEC-16-103
Ex. SEC-16-104Executive Order 03.23.20.01Governor Brian P. KempMar. 23, 2020Governor Brian P. Kemp, Executive Order 03.23.20.01 (Mar. 23, 2020) (Ex. SEC-16-104)/library/SEC-16-104/exhibit/SEC-16-104
Ex. SEC-16-105Executive Order No. 22Governor Bill LeeMar. 30, 2020Governor Bill Lee, Executive Order No. 22 (Mar. 30, 2020) (Ex. SEC-16-105)/library/SEC-16-105/exhibit/SEC-16-105
Ex. SEC-16-106Executive Order No. 20-25Governor Kate BrownMay 14, 2020Governor Kate Brown, Executive Order No. 20-25 (May 14, 2020) (Ex. SEC-16-106)/library/SEC-16-106/exhibit/SEC-16-106
Ex. SEC-16-109Proclamation 20-25Governor Jay InsleeMar. 23, 2020Governor Jay Inslee, Proclamation 20-25 (Mar. 23, 2020) (Ex. SEC-16-109)/library/SEC-16-109/exhibit/SEC-16-109
Ex. SEC-16-110Executive Order 202.38Governor Andrew M. CuomoJune 6, 2020Governor Andrew M. Cuomo, Executive Order 202.38 (June 6, 2020) (Ex. SEC-16-110)/library/SEC-16-110
Ex. SEC-16-111Executive Order 202.10Governor Andrew M. CuomoMar. 23, 2020Governor Andrew M. Cuomo, Executive Order 202.10 (Mar. 23, 2020) (Ex. SEC-16-111)/library/SEC-16-111/exhibit/SEC-16-111
Ex. SEC-16-113Memorandum for the Assistant Attorney General for Civil Rights and All United States Attorneys: Balancing Public Safety with the Preservation of Civil RightsAttorney General William P. Barr, U.S. Department of JusticeApr. 27, 2020Attorney General William P. Barr, U.S. Department of Justice, Memorandum for the Assistant Attorney General for Civil Rights and All United States Attorneys: Balancing Public Safety with the Preservation of Civil Rights (Apr. 27, 2020) (Ex. SEC-16-113)/library/SEC-16-113/exhibit/SEC-16-113
Ex. SEC-16-115Executive Order 2021-20 (COVID-19 Executive Order No. 87)Governor J.B. PritzkerAug. 26, 2021Governor J.B. Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. SEC-16-115)/library/SEC-16-115/exhibit/SEC-16-115
Ex. SEC-16-117Executive Order No. 251Governor Philip D. MurphyAug. 6, 2021Governor Philip D. Murphy, Executive Order No. 251 (Aug. 6, 2021) (Ex. SEC-16-117)/library/SEC-16-117/exhibit/SEC-16-117
Ex. SEC-16-118Executive Order No. 253Governor Philip D. MurphyAug. 23, 2021Governor Philip D. Murphy, Executive Order No. 253 (Aug. 23, 2021) (Ex. SEC-16-118)/library/SEC-16-118/exhibit/SEC-16-118
Ex. SEC-16-119Executive Order No. 13AGovernor Ned LamontAug. 5, 2021Governor Ned Lamont, Executive Order No. 13A (Aug. 5, 2021) (Ex. SEC-16-119)/library/SEC-16-119/exhibit/SEC-16-119
Ex. SEC-16-121Addendum 5 to Executive Order 01-20Governor Phil ScottMar. 23, 2020Governor Phil Scott, Addendum 5 to Executive Order 01-20 (Mar. 23, 2020) (Ex. SEC-16-121)/library/SEC-16-121/exhibit/SEC-16-121
Ex. SEC-16-122Addendum 2 to Executive Order 01-20Governor Phil ScottMar. 16, 2020Governor Phil Scott, Addendum 2 to Executive Order 01-20 (Mar. 16, 2020) (Ex. SEC-16-122)/library/SEC-16-122
Ex. SEC-16-GM-001Organizer noticeAmerican Red CrossMar. 17, 2020American Red Cross, Organizer notice (Mar. 17, 2020) (Ex. SEC-16-GM-001)/library/SEC-16-GM-001/exhibit/SEC-16-GM-001
Ex. SEC-16-GM-002Organizer noticeUnited States Conference of Catholic BishopsApr. 6, 2020United States Conference of Catholic Bishops, Organizer notice (Apr. 6, 2020) (Ex. SEC-16-GM-002)/library/SEC-16-GM-002/exhibit/SEC-16-GM-002
Ex. SEC-16-GM-003Organizer noticeUnited States Conference of Catholic BishopsAug. 28, 2020United States Conference of Catholic Bishops, Organizer notice (Aug. 28, 2020) (Ex. SEC-16-GM-003)/library/SEC-16-GM-003/exhibit/SEC-16-GM-003
Ex. SEC-16-GM-004Organizer noticeBoston Athletic AssociationMar. 13, 2020Boston Athletic Association, Organizer notice (Mar. 13, 2020) (Ex. SEC-16-GM-004)/library/SEC-16-GM-004/exhibit/SEC-16-GM-004
Ex. SEC-16-GM-005Organizer noticeBoston Athletic AssociationMar. 13, 2020Boston Athletic Association, Organizer notice (Mar. 13, 2020) (Ex. SEC-16-GM-005)/library/SEC-16-GM-005/exhibit/SEC-16-GM-005
Ex. SEC-16-GM-006Organizer noticeChristian Reformed Church in North America (Council of Delegates)Apr. 8, 2020Christian Reformed Church in North America (Council of Delegates), Organizer notice (Apr. 8, 2020) (Ex. SEC-16-GM-006)/library/SEC-16-GM-006/exhibit/SEC-16-GM-006
Ex. SEC-16-GM-007Organizer noticeChristian Reformed Church in North America (Council of Delegates)Apr. 8, 2020Christian Reformed Church in North America (Council of Delegates), Organizer notice (Apr. 8, 2020) (Ex. SEC-16-GM-007)/library/SEC-16-GM-007/exhibit/SEC-16-GM-007
Ex. SEC-16-GM-008Organizer noticeMarch for Life Education and Defense FundJan. 15, 2021March for Life Education and Defense Fund, Organizer notice (Jan. 15, 2021) (Ex. SEC-16-GM-008)/library/SEC-16-GM-008/exhibit/SEC-16-GM-008
Ex. SEC-16-GM-009Organizer noticeCommission on the General Conference, The United Methodist ChurchFeb. 25, 2021Commission on the General Conference, The United Methodist Church, Organizer notice (Feb. 25, 2021) (Ex. SEC-16-GM-009)/library/SEC-16-GM-009/exhibit/SEC-16-GM-009
Ex. SEC-16-GM-010Organizer noticeAME Church General Conference CommissionMay 20, 2020AME Church General Conference Commission, Organizer notice (May 20, 2020) (Ex. SEC-16-GM-010)/library/SEC-16-GM-010/exhibit/SEC-16-GM-010
Ex. SEC-16-GM-011Organizer noticeThe Jewish Federations of North AmericaOct. 19, 2020The Jewish Federations of North America, Organizer notice (Oct. 19, 2020) (Ex. SEC-16-GM-011)/library/SEC-16-GM-011/exhibit/SEC-16-GM-011
Ex. SEC-16-GM-012Organizer noticeReformed Church in America (General Synod Council)May 28, 2020Reformed Church in America (General Synod Council), Organizer notice (May 28, 2020) (Ex. SEC-16-GM-012)/library/SEC-16-GM-012/exhibit/SEC-16-GM-012
Ex. SEC-16-GM-013Organizer noticeUnitarian Universalist AssociationJune 24, 2020Unitarian Universalist Association, Organizer notice (June 24, 2020) (Ex. SEC-16-GM-013)/library/SEC-16-GM-013/exhibit/SEC-16-GM-013
Ex. SEC-16-GM-014Organizer noticecongregations of every tradition (Protestant, Catholic, Orthodox, Jewish, Muslim, other)Mar. 12, 2020congregations of every tradition (Protestant, Catholic, Orthodox, Jewish, Muslim, other), Organizer notice (Mar. 12, 2020) (Ex. SEC-16-GM-014)/library/SEC-16-GM-014/exhibit/SEC-16-GM-014
Ex. SEC-16-GM-015Organizer noticeNational Day of Prayer Task ForceMay 7, 2020National Day of Prayer Task Force, Organizer notice (May 7, 2020) (Ex. SEC-16-GM-015)/library/SEC-16-GM-015/exhibit/SEC-16-GM-015
Ex. SEC-16-GM-016Organizer noticeAnswers in GenesisJune 8, 2021Answers in Genesis, Organizer notice (June 8, 2021) (Ex. SEC-16-GM-016)/library/SEC-16-GM-016/exhibit/SEC-16-GM-016
Ex. SEC-16-GM-017Organizer noticeNational Religious BroadcastersMar. 17, 2021National Religious Broadcasters, Organizer notice (Mar. 17, 2021) (Ex. SEC-16-GM-017)/library/SEC-16-GM-017/exhibit/SEC-16-GM-017
Ex. SEC-16-GM-018Organizer noticeMennonite Church USAMar. 13, 2020Mennonite Church USA, Organizer notice (Mar. 13, 2020) (Ex. SEC-16-GM-018)/library/SEC-16-GM-018/exhibit/SEC-16-GM-018
Ex. SEC-16-GM-019Organizer noticePresbyterian Church (U.S.A.), Committee on the Office of the General Assembly (COGA)Apr. 24, 2020Presbyterian Church (U.S.A.), Committee on the Office of the General Assembly (COGA), Organizer notice (Apr. 24, 2020) (Ex. SEC-16-GM-019)/library/SEC-16-GM-019/exhibit/SEC-16-GM-019
Ex. SEC-16-GM-020Organizer noticeThe Church of Jesus Christ of Latter-day SaintsMar. 12, 2020The Church of Jesus Christ of Latter-day Saints, Organizer notice (Mar. 12, 2020) (Ex. SEC-16-GM-020)/library/SEC-16-GM-020/exhibit/SEC-16-GM-020
Ex. SEC-16-GM-021Organizer noticeUnited States Conference of Catholic BishopsApr. 6, 2020United States Conference of Catholic Bishops, Organizer notice (Apr. 6, 2020) (Ex. SEC-16-GM-021)/library/SEC-16-GM-021/exhibit/SEC-16-GM-021
Ex. SEC-16-GM-022Organizer noticeMennonite Church USAMar. 13, 2020Mennonite Church USA, Organizer notice (Mar. 13, 2020) (Ex. SEC-16-GM-022)/library/SEC-16-GM-022/exhibit/SEC-16-GM-022
Ex. SEC-16-GM-023Organizer noticePresbyterian Church (U.S.A.), Committee on the Office of the General Assembly (COGA)Apr. 24, 2020Presbyterian Church (U.S.A.), Committee on the Office of the General Assembly (COGA), Organizer notice (Apr. 24, 2020) (Ex. SEC-16-GM-023)/library/SEC-16-GM-023/exhibit/SEC-16-GM-023
Ex. SEC-16-GM-024Organizer noticeUnitarian Universalist AssociationUnitarian Universalist Association, Organizer notice (Ex. SEC-16-GM-024)/library/SEC-16-GM-024/exhibit/SEC-16-GM-024
Ex. SEC-16-GM-025Organizer noticeMennonite Church USAMar. 13, 2020Mennonite Church USA, Organizer notice (Mar. 13, 2020) (Ex. SEC-16-GM-025)/library/SEC-16-GM-025/exhibit/SEC-16-GM-025
Ex. SEC-16-GM-026Organizer noticeSouthern Baptist Convention (Executive Committee)Mar. 24, 2020Southern Baptist Convention (Executive Committee), Organizer notice (Mar. 24, 2020) (Ex. SEC-16-GM-026)/library/SEC-16-GM-026/exhibit/SEC-16-GM-026
Ex. SEC-16-GM-027Organizer noticeSouthern Baptist Convention (Executive Committee)Mar. 24, 2020Southern Baptist Convention (Executive Committee), Organizer notice (Mar. 24, 2020) (Ex. SEC-16-GM-027)/library/SEC-16-GM-027/exhibit/SEC-16-GM-027
Ex. SEC-16-GM-028Organizer noticePromise KeepersJuly 31, 2020Promise Keepers, Organizer notice (July 31, 2020) (Ex. SEC-16-GM-028)/library/SEC-16-GM-028/exhibit/SEC-16-GM-028
Ex. SEC-16-GM-029Organizer noticeCooperative Baptist FellowshipAug. 13, 2021Cooperative Baptist Fellowship, Organizer notice (Aug. 13, 2021) (Ex. SEC-16-GM-029)/library/SEC-16-GM-029/exhibit/SEC-16-GM-029
Ex. SEC-16-GM-030Organizer noticemosques and Islamic centers (nightly taraweeh prayers, iftar meals, Eid prayers and festivals)Mar. 16, 2020mosques and Islamic centers (nightly taraweeh prayers, iftar meals, Eid prayers and festivals), Organizer notice (Mar. 16, 2020) (Ex. SEC-16-GM-030)/library/SEC-16-GM-030/exhibit/SEC-16-GM-030
Ex. SEC-16-GM-031Organizer noticeBoston Athletic AssociationMar. 13, 2020Boston Athletic Association, Organizer notice (Mar. 13, 2020) (Ex. SEC-16-GM-031)/library/SEC-16-GM-031/exhibit/SEC-16-GM-031
Ex. SEC-16-GM-032Organizer noticeBoston Athletic AssociationMar. 13, 2020Boston Athletic Association, Organizer notice (Mar. 13, 2020) (Ex. SEC-16-GM-032)/library/SEC-16-GM-032/exhibit/SEC-16-GM-032
Ex. SEC-16-GM-033Organizer noticeUnited States Conference of Catholic BishopsApr. 6, 2020United States Conference of Catholic Bishops, Organizer notice (Apr. 6, 2020) (Ex. SEC-16-GM-033)/library/SEC-16-GM-033/exhibit/SEC-16-GM-033
Ex. SEC-16-GM-034Organizer noticeAME Church General Conference CommissionMay 20, 2020AME Church General Conference Commission, Organizer notice (May 20, 2020) (Ex. SEC-16-GM-034)/library/SEC-16-GM-034/exhibit/SEC-16-GM-034
Ex. TX-004Executive Order GA-09Governor Greg AbbottMar. 22, 2020Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)/library/TX-004/exhibit/TX-004
Ex. WA-078Order of the Secretary of Health 20-03.4Umair A. Shah, MD, MPH, Washington State Secretary of HealthAug. 19, 2021Umair A. Shah, MD, MPH, Washington State Secretary of Health, Order of the Secretary of Health 20-03.4 (Aug. 19, 2021) (Ex. WA-078)/library/WA-078/exhibit/WA-078
Ex. WA-080Proclamation 20-25.15, Washington Ready (Aug. 20, 2021; effective Aug. 23, 2021), paras. 2-3 and 'Customers' and 'Employers' clausesGovernor Jay InsleeAug. 20, 2021Governor Jay Inslee, Proclamation 20-25.15, Washington Ready (Aug. 20, 2021; effective Aug. 23, 2021), paras. 2-3 and 'Customers' and 'Employers' clauses (Ex. WA-080)/library/WA-080/exhibit/WA-080

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=16&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.