Eligibility report

Governmental Orders Record and Eligibility Analysis

Social Assistance and Community Services

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 373 instruments cited; 361 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?industry=24&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 Social Assistance and Community Services. 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=24&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)

Social Assistance and Community Services (the industry's regulators, nationally), first day (Apr. 1, 2020): April 1, 2020: adult day, senior-center, day-habilitation, vocational-habilitation and sheltered-work programs closed or prohibited in congregate settings in every stay-home State and by name in IA (Ex. IA-002), MD (Exs. MD-002, MD-070), PA (Ex. PA-081), OH (Exs. OH-053, OH-019), AL (Ex. AL-005), LA (Ex. LA-049), NJ (Ex. NJ-081 recital), Miami-Dade (Ex. MET-MIA-001; adult day from Apr. 3, Ex. MET-MIA-006), Minneapolis (Ex. MET-MSP-003); ICF/IID and group-home visitation and communal dining suspended (Ex. SEC-04-013; FL-004; NC-004; MI-003; CO PHO 20-20); shelters under HUD's Mar. 31, 2020 waivers (Ex. SEC-24-001) and State non-congregate sheltering orders (AK-016 from Apr. 13; AL-016 from Apr. 16; MET-DEN-004 Mar. 21); congregate meals converted to home-delivered and grab-and-go under CARES Act s. 3222 (Ex. SEC-24-002, Mar. 27, 2020); Appendix K amendments approved from March 2020 (Exs. SEC-04-078, ND-030 Apr. 17, SEC-24-008); FFCRA leave mandates in force (Ex. ECO-B-002); Social Security field offices closed to the public from Mar. 17 (Ex. AGY-FED-HEALTH-OTHER-086).

Social Assistance and Community Services (the industry's regulators, nationally), last day (June 30, 2020): June 30, 2020: adult day and senior centers still closed by order in OH (to Sept. 21), MD (to Mar. 12, 2021), NJ (to June 15, 2021), TN (senior centers to Oct. 1), VT (adult day not permitted to resume as of June 17, Ex. VT-095), Miami-Dade (to Sept. 26), Minneapolis (to July 24); reopening under conditions in IA (from June 12, Ex. IA-018); ICF/IID and group-home visitation restrictions in force everywhere (QSO-20-23; FL-004; NC EO 138; CO PHO 20-20); California PIN 20-23-ASC of June 26, 2020 governing testing, visitation and communal dining at adult and senior care facilities (Ex. SEC-24-006); Appendix K and HUD waivers in force.

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)

Social Assistance and Community Services (the industry's regulators, nationally), first day (July 1, 2020): July 1, 2020: closures continued in OH, MD, NJ, TN, VT, Miami-Dade, Minneapolis (to July 24) and, by the general reopening phases, adult day programs remained excluded or capacity-limited in most States (Delaware 30 percent from July 27, Ex. DE-028); ICF/IID visitation restrictions (QSO-20-23); Florida DEM 20-007 visitation ban (Ex. FL-028); Louisiana ADC/ADHC/PACE order continued 'until further notice' (Ex. LA-049); Appendix K; HUD waivers; FFCRA.

Social Assistance and Community Services (the industry's regulators, nationally), last day (Sept. 30, 2020): September 30, 2020: OH adult day and senior centers reopening under the phased order effective Sept. 21 (Ex. OH-101); California PIN 20-33-ASC (Sept. 30, 2020) fixing ADP operating and reopening conditions (Ex. SEC-24-003); Florida DEM 20-009 (Sept. 1) conditional visitation incl. group homes and ICF/DDs (Ex. FL-044); Florida ICF/DD staff testing every two weeks from Aug. 24 (Ex. AGY-ST-HEALTH-SUBORDERS-077); Louisiana ICF/DD visitation per QSO-20-39 from Sept. 18 (Ex. LA-050); HUD Notice CPD-20-08 (Sept. 1, 2020) for ESG-CV shelters (recited in Ex. SEC-24-010); MD and NJ adult day still closed; TN senior centers closed to Oct. 1 (Ex. TN-024).

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)

Social Assistance and Community Services (the industry's regulators, nationally), first day (Oct. 1, 2020): October 1, 2020: TN senior centers reopen capacity-limited (Ex. TN-024); MD and NJ adult day closed; Michigan MDHHS congregate-care entry restrictions from Oct. 6 (Ex. AGY-ST-HEALTH-SUBORDERS-106) and residential care facility orders (Ex. MI-051); Florida DEM 20-011 (Oct. 22) visitation regime (Ex. FL-049); Appendix K; HUD; FFCRA (to Dec. 31).

Social Assistance and Community Services (the industry's regulators, nationally), last day (Dec. 31, 2020): December 31, 2020: Indiana Red-county senior center activities cancelled (Exs. IN-046, IN-048); Kansas EO 20-69 testing and screening at adult care homes including adult day care facilities from Dec. 14 (Ex. KS-037); New Jersey ED 20-034 standing testing order for covered facilities (Ex. AGY-ST-HEALTH-SUBORDERS-031); Michigan gatherings orders (soup kitchens regulated, Exs. MI-061, MI-062); Minnesota EO 20-99 (Ex. MN-032); MD and NJ adult day closed; FFCRA leave mandate expires; CMS extends Appendix K authority to six months after the PHE (December 2020 guidance, verified_secondary via KFF).

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)

Social Assistance and Community Services (the industry's regulators, nationally), first day (Jan. 1, 2021): January 1, 2021: MD adult day closed (to Mar. 12); NJ adult day closed (to June 15); Ohio Second Amended adult day support order (amended Mar. 17, 2021) and senior center orders in force (Ex. OH-050 recitals); Kansas EO 20-69 / EO 21-02; Florida DEM 20-011; Michigan MDHHS residential care orders; QSO-20-23 visitation restrictions for ICF/IIDs; Appendix K; HUD CPD-20-08.

Social Assistance and Community Services (the industry's regulators, nationally), last day (Mar. 31, 2021): March 31, 2021: MD adult day centers permitted to reopen from 5:00 p.m. Mar. 12 (Ex. MD-027) under MDH Directive 2021-03-09-01 (Ex. MD-051); Florida visitation regime rescinded Mar. 22 (Ex. FL-055); QSO-21-14 (Feb. 10, 2021) conditional visitation at ICF/IIDs (Ex. SEC-04-016); NJ adult day closed; Ohio orders in force; Appendix K.

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)

Social Assistance and Community Services (the industry's regulators, nationally), first day (Apr. 1, 2021): April 1, 2021: Ohio adult day support, senior center and adult day orders in force (to June 2); NJ adult day closed (to June 15); Kansas EO 21-15 (Apr. 1); Arizona EO 2021-09 (Apr. 19) barring vaccine-status conditions except where federal law requires (Ex. AZ-040); QSO-21-14; Appendix K; ARPA s. 9817 HCBS FMAP conditions from Apr. 1, 2021 (Ex. FED-174).

Social Assistance and Community Services (the industry's regulators, nationally), last day (June 30, 2021): June 30, 2021: Ohio orders rescinded June 2 (Ex. OH-050); NJ ED 21-007 reopening conditions from June 15 (Ex. NJ-081); Massachusetts DPH face-covering order for congregate care, shelters and HHS day programs from May 29 (Ex. MA-050); Colorado Seventh Amended PHO 20-20 testing at group homes and ICFs from June 1 (Ex. CO-042); Kansas KDHE Secretary's adult-care-home testing order June 18 (Ex. KS-052); Delaware emergency infection-control orders effective July 1 for licensed agencies (Ex. DE-061 and the parallel 16 DE Admin. Code 4402 adult day care order, verified_secondary); OSHA 1910.502 effective June 21 (Ex. SEC-04-014); QSO-21-14 revised June 3 (Ex. SEC-04-016); Appendix K; HUD CPD-20-08.

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)

Social Assistance and Community Services (the industry's regulators, nationally), first day (July 1, 2021): July 1, 2021: OSHA 1910.502 (compliance July 6 and July 21); QSO-21-14 revised; Appendix K in every State; Colorado Fourth Amended PHO 20-38 masks for unvaccinated persons in homeless shelters and health care settings, 'All employers must implement' (Ex. CO-041); North Carolina EO 220 masks in homeless shelters to July 30 (Ex. NC-030); Massachusetts MA-050; NJ ED 21-007; Kansas KS-052; Washington Proclamation 20-66 (Ex. WA-043); Marion County non-congregate shelter order (Ex. MET-IND-008); Delaware 4402 infection-control order; CDC conveyance mask order for client and staff transit.

Social Assistance and Community Services (the industry's regulators, nationally), last day (Sept. 30, 2021): September 30, 2021: California SPHO orders of July 26 and Aug. 5 (Exs. CA-031, CA-030) with PIN 21-33-ASC (Ex. SEC-24-004) and PIN 21-44-ASC of Sept. 28 (Ex. SEC-24-005); Los Angeles County HCW order (Ex. MET-LA-023); New Mexico Aug. 17 and Sept. 15 congregate-care-worker vaccination orders (Exs. NM-068, NM-071); New Jersey EO 252 (effective Sept. 7) (Ex. NJ-056); Illinois EO 2021-20/2021-22 (Exs. IL-042, IL-043); Rhode Island 216-RICR-20-15-8 (Ex. RI-072); Delaware AGY-ST-HEALTH-SUBORDERS-046 (effective Sept. 30); Maryland MDH 2021-08-05-01 and 2021-09-08-01 (Exs. MD-057, MD-060); New York 10 NYCRR 2.61 and 2.60 (Exs. NY-071, NY-071-B, NY-073); New York City congregate-settings order (Ex. MET-NYC-036); Connecticut EO 13F (Ex. SEC-04-051); Washington Proclamation 21-14 (Ex. SEC-04-032); Denver vaccination order for shelter personnel by Sept. 30 (Ex. MET-DEN-023); Colorado Sixth and Seventh Amended PHO 20-38 (Exs. CO-091, CO-054) and Eighth Amended PHO 20-20 (Sept. 27, Ex. CO-092); Massachusetts 105 CMR 159 (Ex. MA-069) and PHE Order 2021-8 (Ex. AGY-ST-HEALTH-SUBORDERS-120); HUD CPD-21-08 (Ex. SEC-24-010); OSHA ETS; QSO-21-14; Appendix K; Columbus EO 2021-01 (Ex. MET-CMH-048); Saint Paul EEO 2021-37 shelter zoning waivers (Ex. MET-MSP-045).

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

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

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

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

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

Layer	2020 Q2	2020 Q3	2020 Q4	2021 Q1	2021 Q2	2021 Q3	Total
Federal layer	179	163	160	175	165	167	330
Sector regulators	7	8	6	6	4	5	11
Group meetings and trade shows	10	4	0	0	2	2	18
All layers	196	175	166	181	171	174	359

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: Social Assistance and Community Services

The industry is the set of employers that deliver publicly funded care and support outside institutions: adult day care and adult day health centers, senior centers and congregate-meal sites, day-habilitation and vocational programs and group homes for people with intellectual and developmental disabilities, vocational-rehabilitation and 14(c) sheltered-work programs, family, youth and counseling agencies, food banks, soup kitchens and homeless shelters, and the client-transportation fleets that move participants to and from them. Every one of those functions is congregate by design and payer-dependent by structure, and every one of them was reached by orders in each of the six quarters. In the second quarter of 2020 the orders closed the congregate functions outright. Iowa's proclamation of March 17, 2020 ordered that 'all facilities that conduct adult day services or other senior citizen centers are hereby closed' (Ex. IA-002); Maryland closed senior centers on March 13 and adult day care centers on March 16 (Exs. MD-002, MD-070); Pennsylvania closed 'adult day care centers, adult training facilities, [vocational] facilities, LIFE centers and Senior Community Centers' from March 17 (Ex. PA-081); Ohio's Director closed older adult day care services and senior centers and prohibited adult day support and vocational habilitation services in congregate settings on March 21 (Exs. OH-053, OH-019 p. 13 and para. 13(d)-(e)); Alabama closed senior centers on March 20 (Ex. AL-005); Louisiana's State Health Officer issued Order #2020-COVID-ADC/ADHC/PACE-001 on March 13 and re-issued it April 7 and April 28 and continued it 'until further notice' on May 15 (Ex. LA-049); New Jersey's Department of Health closed every licensed adult day health services facility by county-by-county orders 'by the end of March 2020' and did not permit reopening until Executive Directive 21-007 of June 15, 2021 (Ex. NJ-081); Miami-Dade closed congregate meal sites and community centers on March 16 and adult day cares on April 3 (Exs. MET-MIA-001, MET-MIA-006); Minneapolis closed adult day care centers on March 17 (Ex. MET-MSP-003). Where a State did not name adult day programs, the stay-home and non-essential closure orders reached them as congregate places of assembly, and the States' Medicaid agencies suspended payment for congregate day services and substituted Appendix K flexibilities (day habilitation delivered in the home; retainer payments; remote assessments) that CMS approved for every State's 1915(c) waivers with a start date of March 6, 2020 or later (Ex. SEC-24-078 for Pennsylvania as the exemplar; Ex. ND-030 for North Dakota's implementing order; Ex. SEC-24-008 for the CMS instructions). The residential side of the industry operated under the federal ICF/IID visitation and communal-dining restrictions of QSO-20-23 (Ex. SEC-04-013) and the State visitation bans that swept in group homes and ICF/DDs with nursing homes (Florida DEM 20-006, Ex. FL-004; North Carolina EO 120, Ex. NC-004; Colorado PHO 20-20; Arizona EO 2020-22, Ex. AZ-013; Louisiana, Ex. LA-050; Michigan, Exs. MI-003, AGY-ST-HEALTH-SUBORDERS-106). The food and shelter functions ran under a federal grant layer that HUD rewrote on March 31, 2020 (Ex. SEC-24-001), under State non-congregate sheltering orders (Alaska Mandate 014, Ex. AK-016; Alabama, Ex. AL-016; Denver, Ex. MET-DEN-004; King County, Ex. MET-SEA-048; Marion County, Ex. MET-IND-008), and under CARES Act section 3222, which redefined every socially distancing older adult as homebound for Older Americans Act nutrition purposes and let every State and area agency transfer 100 percent of congregate-meal funds to home delivery (Ex. SEC-24-002). Client transportation ran under the gathering caps and, from February 1, 2021, the CDC conveyance mask order. The third and fourth quarters of 2020 were the reopening-under-conditions period: Delaware permitted senior centers, adult day centers and congregate nutrition programs to reopen at 30 percent from July 27, 2020 (Ex. DE-028); Ohio reopened adult day care and senior centers by a phased order effective September 21, 2020 (Ex. OH-101); Tennessee reopened senior centers October 1, 2020 with capacity limits (Ex. TN-024); Iowa let them reopen only under IDPH guidance from June 12 (Ex. IA-018); Minneapolis rescinded its closure July 24, 2020 on the strength of State DHS guidance effective July 1 (Ex. MET-MSP-011); California's licensing agency issued its Adult Day Programs COVID-19 Guidelines on September 30, 2020, with reopening capacity 'no more than 50%' (Ex. SEC-24-003); Indiana's county-metric orders required Red-county senior center activities to be 'cancelled or suspended' from November 15, 2020 (Exs. IN-046, IN-048). The first and second quarters of 2021 saw Maryland permit adult day care centers to reopen only from 5:00 p.m. March 12, 2021 (Ex. MD-027), Florida rescind its facility visitation regime on March 22, 2021 (Ex. FL-055), Ohio rescind its adult day support, senior center and adult day orders on June 2, 2021 (Ex. OH-050 paras. 5-7), New Jersey reopen adult day health services facilities under conditions on June 15, 2021 (Ex. NJ-081), Colorado re-issue PHO 20-20 testing rules for group homes and ICFs on June 1, 2021 (Ex. CO-042), Kansas continue adult-care-home testing (adult day care facilities included) by the KDHE Secretary's order of June 18, 2021 (Ex. KS-052), and Massachusetts require face coverings in congregate care programs, emergency shelters and HHS day programs from May 29, 2021 (Ex. MA-050). The third quarter of 2021 is documented instrument by instrument: the OSHA Healthcare ETS in every adult day health and residential setting where health care services are provided (Ex. SEC-04-014); QSO-21-14 (revised June 3, 2021) for ICF/IIDs (Ex. SEC-04-016); the Appendix K amendments, which CMS's December 2020 guidance let run to six months after the public health emergency, in every State (Ex. SEC-04-078); HUD Notice CPD-21-08 of July 19, 2021 for every ESG-CV-funded shelter (Ex. SEC-24-010); California's State Public Health Officer orders of July 26 and August 5, 2021, which named adult day health centers and homeless shelters as high-risk settings and mandated worker vaccination by September 30, 2021, implemented for adult day programs by PIN 21-33-ASC with compliance by August 23, 2021 (Exs. CA-031, CA-030, SEC-24-004) and for all adult and senior care licensees by PIN 21-44-ASC of September 28, 2021 (Ex. SEC-24-005); New Mexico's congregate-care-worker vaccination order of August 17, 2021 naming adult day care (Ex. NM-068); New Jersey EO 252 of August 6, 2021 (Ex. NJ-056); Illinois EO 2021-20 of August 26, 2021 naming adult day care centers (Ex. IL-042); Rhode Island's emergency regulation of August 17, 2021 naming adult day care (Ex. RI-072); Delaware's adult day care staff vaccination-or-testing regulation effective September 30, 2021 (Ex. AGY-ST-HEALTH-SUBORDERS-046); Maryland's State congregate-facility mandate (Ex. MD-057); New York's 10 NYCRR 2.61 and the New York City congregate-settings order of August 10, 2021 reaching shelter operators (Exs. NY-071, MET-NYC-036); Colorado PHO 20-38's mask rules for homeless shelters through September 30, 2021 (Exs. CO-041, CO-053, CO-091, CO-054); North Carolina EO 220's shelter mask rule to July 30, 2021 (Ex. NC-030); Denver's personnel vaccination order for shelters (Ex. MET-DEN-023); Washington's Proclamation 20-66 for community residential and ICF/IID operations (Ex. WA-043) and Proclamation 21-14 (Ex. SEC-04-032). The industry's Q3 2021 answer to 'no orders in effect' is therefore a list, not an argument.

The functions of the business

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

Code	Function
AD	adult day and senior-center programs
DD	developmental-disability day and residential programs
VR	vocational rehabilitation and sheltered work
FS	family, youth and counseling services
FD	food banks, meals and shelters
TR	client transportation
PY	payers and licensing (Medicaid waivers, State licensing agencies)
HR	hiring, screening, training and credentialing
OP	office, administration and telework
WF	workforce availability
CB	clients and funders

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-097

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

QSO-20-14-NH (REVISED)

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

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

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

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

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

Ex. FED-190

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

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

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

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

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

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

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

Ex. FED-191

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

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

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

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

Enforcement: None (guidance)

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

Ex. FED-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-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-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-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-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-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-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

Ex. FED-290

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

Supreme Court Building closed to the public until further notice

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

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

Enforcement: Supreme Court Police

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

Ex. FED-338

General Order 20-0012 (original)

In re: Coronavirus COVID-19 Public Emergency

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

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

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

Enforcement: court order

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

Ex. FED-027

CDC No Sail Order and Suspension of Further Embarkation

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

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

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

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

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

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

Ex. FED-279

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

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

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

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

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

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

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

Ex. FED-291

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

Supreme Court postpones oral arguments scheduled for the March session

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

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

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

Enforcement: order of the Court

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

Ex. FED-317

General Order 72

In re: Coronavirus Disease Public Health Emergency

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

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

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

Enforcement: court order

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

Ex. FED-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: 106 (in force on the last day)

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-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-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: 100 (in force on the last day)

On Friday, March 13, 2020, the President declared a national emergency, which triggers the Secretary's ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). [CMS suspends standard surveys and prioritizes survey activity to immediate jeopardy complaints, infection control surveys and other listed categories for a three-week period, then as extended.]

Enforcement: Governs State Survey Agency operations (federal survey and certification)

Ex. FED-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-184

Emergency Use Authorization Declaration: drugs and biological products

Emergency Use Authorization Declaration, 85 Fed. Reg. 18250 (Apr. 1, 2020)

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

Dates: In force from Mar. 27, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: legal basis of every COVID-19 vaccine and therapeutic EUA
Grade: Primary source read
Days in this quarter: 96 (in force on the last day)

On March 27, 2020, on the basis of my determination of 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 the novel (new) coronavirus, I declared that circumstances exist justifying the authorization of emergency use of drugs and biological products during the COVID-19 pandemic

Enforcement: Framework

Citation: Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184) Open the exhibit

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-090

CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period)

Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 19230 (Apr. 6, 2020)

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

Dates: In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth under waivers (physician practices, behavioral health); HC/SN home health (homebound clarification; telecommunications technology on the plan of care); OF billing and administration of every Medicare provider; CB patients and payers
Grade: Primary source read
Days in this quarter: 92 (in force on the last day)

Effective date: These regulations are effective on March 31, 2020. Applicability date: These regulations are applicable beginning on March 1, 2020.

Enforcement: Binding regulations (42 C.F.R. as amended); claims and survey enforcement

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090) Open the exhibit

Ex. FED-170

Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions)

Families First Coronavirus Response Act

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

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

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

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

Citation: Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170) Open the exhibit

Ex. FED-171

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

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

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

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

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

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

Citation: Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171) Open the exhibit

Ex. FED-293

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

Supreme Court postpones the April session oral arguments

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

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

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

Enforcement: order of the Court

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

Ex. FED-294

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

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

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

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

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

Enforcement: order of the Court

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

Ex. FED-028

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-159

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

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

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

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

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

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

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

Ex. FED-318

General Order 72-2

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

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

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

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

Enforcement: court order

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

Ex. FED-091

CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)

Medicare and Medicaid Programs, Basic Health Program, and Exchanges; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency and Delay of Certain Reporting Requirements for the Skilled Nursing Facility Quality Reporting Program, 85 Fed. Reg. 27550 (May 8, 2020)

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

Dates: In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: RS residential care (nursing homes: weekly federal reporting; resident and family notification); OF administration; HC home health (NP/PA certification under CARES § 3708)
Grade: Primary source read
Days in this quarter: 54 (in force on the last day)

Effective date: These regulations are effective on May 8, 2020. Applicability date: The policies in this IFC are applicable beginning on March 1, 2020, or January 27, 2020... § 483.80 Infection control. (g) COVID-19 Reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (2) Provide the information specified in paragraph (g)(1) of this section at a frequency specified by the Secretary, but no less than weekly to the Centers for Disease Control and Prevention's National Healthcare Safety Network.

Enforcement: F-tags F884 and F885; civil money penalties for LTC facilities; claims enforcement

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091) Open the exhibit

Ex. FED-161

QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting

QSO-20-29-NH

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

Dates: In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: OF administration (weekly federal reporting); RS resident and family notification; HR staffing-shortage reporting
Grade: Primary source read
Days in this quarter: 54 (in force on the last day)

COVID-19 Reporting Requirements: CMS is requiring nursing homes to report COVID-19 facility data to the Centers for Disease Control and Prevention (CDC) and to residents, their representatives, and families of residents in facilities. Enforcement: Failure to report in accordance with 42 CFR §483.80(g) can result in an enforcement action.... § 483.80 Infection control. (g) COVID-19 Reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary. This report must include but is not limited to-(i) Suspected and confirmed COVID-19 infections among residents and staff... (vii) Staffing shortages... (2) Provide the information specified in paragraph (g)(1) of this section at a frequency specified by the Secretary, but no less than weekly to the Centers for Disease Control and Prevention's National Healthcare Safety…

Enforcement: F-tags F884 and F885; civil money penalties (escalating weekly)

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161) 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

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 Social Assistance and Community Services

Ex. SEC-24-009

Governor's COVID-19 Update of March 21, 2020 (announcing the Director's Orders closing older adult day care services and senior centers and prohibiting adult day support and vocational habilitation services in congregate settings)

COVID-19 Update: March 21, 2020

Governor Mike DeWine (COVID-19 Update of March 21, 2020, announcing the Director of Health's orders), Ohio (State)

Dates: In force from Mar. 21, 2020 to Sept. 21, 2020
Quarters: 2020 Q22020 Q3
Limitations: Business closureHealth care orders
Functions reached: AD; DD; VR; TR; CB
Grade: Confirmed from a secondary source
Days in this quarter: 102 (in force on the last day)

Enforcement: R.C. 3701.352, 3701.99

Citation: Governor Mike DeWine (COVID-19 Update of March 21, 2020, announcing the Director of Health's orders), Governor's COVID-19 Update of March 21, 2020 (announcing the Director's Orders closing older adult day care services and senior centers and prohibiting adult day support and vocational habilitation services in congregate settings) (Mar. 21, 2020) (Ex. SEC-24-009)

Ex. SEC-24-007

PIN 20-08-ASC, Statewide Waivers for Licensing Requirements Due to Coronavirus 2019 (COVID-19)

Statewide Waivers for Licensing Requirements Due to Coronavirus 2019 (COVID-19)

California Department of Social Services, Community Care Licensing Division, California (Adult and Senior Care facilities) (Sector regulator)

Dates: In force from Mar. 18, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Health care ordersWorkplace rulesOther
Functions reached: DD residential facilities (entry limited to necessary individuals: visitation suspended); VS visitation; HR (background-check and staffing-ratio waivers to cope with shortages); CB
Grade: Primary source read
Days in this quarter: 105 (in force on the last day)

Facilities shall limit entry only to individuals who need entry, as necessary for [the health and safety of persons in care, consistent with CDC, CDPH and local health department guidance]... facilities shall make arrangements for alternate means of communication for visitors... Facilities may waive buildings and grounds requirements related to capacity or bedroom [occupancy to accommodate isolation]... Facilities may waive personnel staffing ratios as necessary for prevention, containment, [and mitigation]... Facilities may waive the following criminal record background check requirements... New staff at a licensed facility may start caring for persons in care immediately [pending clearance]...

Enforcement: Licensing

Citation: California Department of Social Services, Community Care Licensing Division, PIN 20-08-ASC, Statewide Waivers for Licensing Requirements Due to Coronavirus 2019 (COVID-19) (Mar. 18, 2020) (Ex. SEC-24-007) Open the exhibit

Ex. SEC-24-011

Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency

Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency

Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Minnesota (State)

Dates: In force from Mar. 20, 2020 to July 1, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care ordersWorkplace rulesOther
Functions reached: PY the State's human-services licensing and Medicaid (256B) rules for adult day services, day training and habilitation, residential programs and background studies made modifiable by the Commissioner without rulemaking; DD 245D-licensed day and residential programs; AD adult day services; HR background-study modifications; FS child welfare (260C, 260D) and public assistance (256D, 256J) program rules; OP
Grade: Primary source read
Days in this quarter: 103 (in force on the last day)

1. Effective immediately, the Commissioner of the Department of Human Services may temporarily waive or modify any of the following provisions, and applicable rules: a. The Human Services Licensing Act in Minnesota Statutes 2019, chapter 245A, and accompanying program standards governed under Minnesota Statutes, chapters 245D through 245H; b. The Human Services Background Study Act in Minnesota Statutes 2019, chapter 245C, except that the commissioner shall not waive or modify: i. Disqualification standards... 2. Effective immediately, the Commissioner of the Department of Human Services may, upon finding that waiver will not endanger the public health, welfare, or safety, temporarily waive or modify any provisions of Minnesota Statutes 2019, chapters 119B, 245, 245A, 245D, 245E, 245F, 245G, 245H, 246, 252, 253, 254A, 254B, 256, 256B, 256D, 256E, 256I, 256J, 256K, 256L, 256M, 256P, 256R…

Enforcement: Minn. Stat. s. 12.45 (misdemeanor for violation of an emergency order); licensing

Citation: Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011) Open the exhibit

Ex. SEC-24-006

PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing, Modification of Visitation Guidelines, Need for Infection Prevention and Control, and Use of Face Coverings in Adult and Senior Care Facilities

Updated Guidance On Coronavirus Disease 2019 (COVID-19) Related To The Critical Role Of Testing, Modification Of Visitation Guidelines, Need For Infection Prevention And Control, And Use Of Face Coverings In Adult And Senior Care Facilities

California Department of Social Services, Community Care Licensing Division, California (Adult and Senior Care facilities, including adult residential facilities for adults with developmental disabilities) (Sector regulator)

Dates: In force from June 26, 2020 to Mar. 31, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Capacity limitFace-covering requirementHealth care ordersWorkplace rules
Functions reached: DD residential facilities (visitation, communal dining, activities, staff testing); VS visitation; HR new-staff screening and testing; CB residents
Grade: Primary source read
Days in this quarter: 5 (in force on the last day)

PIN 20-23-ASC provides updated guidance to Adult and Senior Care (ASC) licensees... and provides updates to PIN 20-07-ASC as it relates to direction on reopening modifications related to visitation, communal dining, and daily activities.... All providers shall continue to follow guidance in all applicable CDSS PINs... providers must develop an emergency disaster plan... all facilities must [plan for staff testing positive]... All new staff must be verified by a health screening and should be tested prior to [beginning work]... CDSS may adjust the scope and frequency of staff testing based on community spread...

Enforcement: Licensing

Citation: California Department of Social Services, Community Care Licensing Division, PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing, Modification of Visitation Guidelines, Need for Infection Prevention and Control, and Use of Face Coverings in Adult and Senior Care Facilities (June 26, 2020) (Ex. SEC-24-006) Open the exhibit

Ex. SEC-24-008

1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response

Appendix K: Emergency Preparedness and Response (Instructions and Technical Guidance)

Centers for Medicare & Medicaid Services, United States (all States operating 1915(c) HCBS waivers) (Federal)

Dates: In force from Mar. 1, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Functions reached: PY payer terms for every waiver-funded day, residential, respite, supported-employment and transportation service; DD day habilitation delivered in alternative settings; retainer payments; AD adult day health under waivers; OP remote assessments and service planning
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

This appendix was developed as a standalone appendix to be utilized by the state during emergency situations. It should be used by the state to advise CMS of expected changes to its waiver operations or to request amendment to its approved waiver.... This appendix may be completed retroactively, as needed, by the state... Item 1-F: Proposed Effective Date... Enter the anticipated end date of the amendment. The end date is the last day that the [temporary changes apply]... K-2: Temporary or Emergency-Specific Amendment to Approved Waiver: Below is a list of temporary activities that the state may wish to undertake during an emergency.

Enforcement: Conditions of federal financial participation under the approved waiver

Citation: Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008) Open the exhibit

Ex. SEC-24-002

CARES Act s. 3222 (Nutrition Services) and s. 3223 (Continuity of Service... Under Title V of the Older Americans Act)

Coronavirus Aid, Relief, and Economic Security Act (full text; s. 3222 at 134 Stat. 379-380)

Congress (Pub. L. 116-136), United States (Federal)

Dates: In force from Mar. 27, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chainOther
Functions reached: AD congregate meals converted to home-delivered and grab-and-go (the statutory footing for the conversion); FD meal programs and food distribution; TR delivery routes substituted for congregate transport; PY funder terms; CB participants redefined as homebound
Grade: Primary source read
Days in this quarter: 96 (in force on the last day)

(b)... the Secretary shall allow a State agency or an area agency on aging, without prior approval, to transfer not more than 100 percent of the funds received... between subpart 1 and subpart 2 of part C... (c) HOME-DELIVERED NUTRITION SERVICES WAIVER.--... during the period of the COVID-19 public health emergency..., the same meaning shall be given to an individual who is unable to obtain nutrition because the individual is practicing social distancing due to the emergency as is given to an individual who is homebound by reason of illness. (d) DIETARY GUIDELINES WAIVER.--... the Assistant Secretary may waive the requirements for meals...

Enforcement: Statute governing federal grant terms administered by ACL

Citation: Congress (Pub. L. 116-136), CARES Act s. 3222 (Nutrition Services) and s. 3223 (Continuity of Service... Under Title V of the Older Americans Act) (Mar. 27, 2020) (Ex. SEC-24-002) Open the exhibit

Ex. SEC-24-001

Memorandum, Availability of Waivers of Community Planning and Development Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19

Availability of Waivers of CPD Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19

Department of Housing and Urban Development, Office of Community Planning and Development (John Gibbs, Acting Assistant Secretary), United States (HUD Community Planning and Development grantees: Continuum of Care, Emergency Solutions Grants, HOPWA, CDBG, HOME) (Federal)

Dates: In force from Mar. 31, 2020 to Mar. 31, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Workplace rulesOther
Functions reached: FD shelters and homelessness prevention (operating rules rewritten); FS case management (remote; frequency waived); OP grant administration and HMIS; CB clients served remotely; PY funder conditions
Grade: Primary source read
Days in this quarter: 92 (in force on the last day)

This memorandum explains the availability of waivers of certain regulatory requirements... for the following CPD programs:... Emergency Solutions Grant (ESG); and Continuum of Care (CoC).... 11. Re-evaluations for Homelessness Prevention Assistance... The required frequency of re-evaluations for homelessness prevention [is waived] so long as the recipient or subrecipient conducts the required re-evaluations not less than once every 6 months. 12. Housing Stability Case Management... [24 CFR 576.401(e) monthly case management requirement waived]... The condition that the recipient must be the HMIS Lead to pay costs under 24 CFR 576.102(a)(2) is waived... Provisions that are not specifically waived remain in full effect.

Enforcement: Grant conditions; recipients must document justification and notify the CPD Field Office two days before use

Citation: Department of Housing and Urban Development, Office of Community Planning and Development (John Gibbs, Acting Assistant Secretary), Memorandum, Availability of Waivers of Community Planning and Development Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19 (Mar. 31, 2020) (Ex. SEC-24-001) Open the exhibit

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

Federal layer

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-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: 92 (the whole quarter)

[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: 92 (the whole quarter)

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-165

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

QSO-20-31-All (REVISED)

CMS, Quality, Safety & Oversight Group, United States (Federal)

Dates: In force from June 1, 2020 to Mar. 30, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: IC infection control (nursing homes under mandatory focused surveys); OF
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

[Directs States to complete focused infection control surveys of every nursing home by July 31, 2020 as a condition of CARES Act survey funding; expands survey activities; imposes enhanced enforcement (escalating civil money penalties) for infection-control deficiencies]

Enforcement: Enhanced civil money penalties for F880 infection-control deficiencies; State funding conditions

Ex. FED-029

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

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

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

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

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

Enforcement: same as FED-027

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

Ex. FED-332

General Order 72-5

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

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

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

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

Enforcement: court order

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

Ex. FED-166

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

QSO-20-35-ALL

CMS, Quality, Safety & Oversight Group, United States (Federal)

Dates: In force from Aug. 17, 2020 to May 1, 2023
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: CT/HR survey and enforcement functions of certified providers (documents the March 23 - May 31, 2020 hold on onsite revisits and enforcement cases)
Grade: Primary source read
Days in this quarter: 45 (in force on the last day)

CMS is revising guidance on the expansion of survey activities to authorize onsite revisits and other survey types. CMS is providing guidance to State Survey Agencies (SAs) on resolving enforcement cases: CMS is providing guidance on resolving enforcement cases that were previously directed to be held, and providing guidance on Civil Money Penalty (CMP) collection. Expanded Desk Review Authority: CMS is temporarily expanding the desk review policy to include review of continuing noncompliance following removal of Immediate Jeopardy (IJ), which would otherwise have required an onsite revisit from March 23, 2020, through May 31, 2020.

Enforcement: Governs survey and enforcement operations

Ex. FED-168

CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022)

QSO-20-38-NH (Aug. 26, 2020)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid LTC facilities) (Federal)

Dates: In force from Aug. 26, 2020 to Sept. 23, 2022
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: IC/RS nursing homes (home-care-senior-living); HR/WF of every contractor and agency worker serving nursing homes (staffing PL; hospice and home health HC; therapy; physicians CL; personal services SL); OF
Grade: Primary source read
Days in this quarter: 36 (in force on the last day)

Specifically, facilities are required to test residents and staff, including individuals providing services under arrangement and volunteers, for COVID-19 based on parameters set forth by the HHS Secretary. This memorandum provides guidance for facilities to meet the new requirements.... Routine Testing of Staff: Routine testing should be based on the extent of the virus in the community, therefore facilities should use their county positivity rate in the prior week as the trigger for staff testing frequency. [Table: county positivity Low (<5%) - Once a month; Medium (5%-10%) - Once a week; High (>10%) - Twice a week.]... (5) Have procedures for addressing residents and staff, including individuals providing services under arrangement and volunteers, who refuse testing or are unable to be tested.

Enforcement: F-tag F886 citations; civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168) Open the exhibit

Ex. FED-092

CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022)

Medicare and Medicaid Programs, Clinical Laboratory Improvement Amendments (CLIA), and Patient Protection and Affordable Care Act; Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 54820 (Sept. 2, 2020)

Centers for Medicare & Medicaid Services, HHS, United States (Medicare and Medicaid long-term care facilities; hospitals and CAHs; CLIA laboratories) (Federal)

Dates: In force from Sept. 2, 2020 to May 11, 2023
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesQuarantine and isolation
Functions reached: RS residential care and IC infection control (nursing homes: mandatory routine staff testing keyed to county positivity, FED-168); HR/WF of nursing homes and of every contractor, therapist, hospice worker, agency nurse and vendor 'providing services under arrangement' (staffing agencies PL; home health HC; physicians CL); IP/ED hospitals (federal daily reporting)
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

This interim final rule with comment period (IFC) revises regulations to strengthen CMS' ability to enforce compliance with Medicare and Medicaid long-term care (LTC) facility requirements for reporting information related to coronavirus disease 2019 (COVID-19), establishes a new requirement for LTC facilities for COVID-19 testing of facility residents and staff, establishes new requirements in the hospital and critical access hospital (CAH) Conditions of Participation (CoPs) for tracking the incidence and impact of COVID-19... § 483.80(h): The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: F-tag F886 citations and civil money penalties for LTC facilities; hospital CoP enforcement (42 C.F.R. § 482.42(e)); CLIA sanctions

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092) Open the exhibit

Ex. FED-172

Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)

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

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

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

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

Enforcement: FLSA enforcement

Citation: Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172) Open the exhibit

Ex. FED-333

General Order 72-6

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

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

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

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

Enforcement: court order

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

Ex. FED-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-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: 92 (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: 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 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-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: 92 (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-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: 92 (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: 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 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-088

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

Guidance on Preparing Workplaces for COVID-19

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

Dates: In force from Mar. 9, 2020 to Jan. 29, 2021
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Workplace rules
Functions reached: EMP context: the federal template (exposure-risk pyramid; engineering, administrative and PPE controls) that State workplace orders incorporated by reference
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

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

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

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

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

Exhibit	Citation	Dates	Limitations
Ex. FED-097	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	In force from Mar. 13, 2020 to Sept. 17, 2020	Business closureGathering capHealth care orders
Ex. FED-192	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	In force from Apr. 16, 2020 to Sept. 30, 2020	Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-390	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	In force from Mar. 17, 2020 to Oct. 22, 2020	Business closure
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-391	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	In force from Mar. 23, 2020 to Sept. 30, 2020	Business closureCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-170	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-028	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)	Business closureTravel and quarantineEvents and venues
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther

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 Social Assistance and Community Services

Ex. SEC-24-003

Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with Addenda A-F)

Adult Day Programs COVID-19 Guidelines

California Department of Social Services, Community Care Licensing Division, Adult and Senior Care Program, California (licensed Adult Day Programs, Health & Safety Code div. 2, ch. 3; regional-center-vendored day programs) (Sector regulator)

Dates: In force from Sept. 30, 2020 to July 27, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Capacity limitFace-covering requirementHealth care ordersWorkplace rules
Functions reached: AD adult day program operations (screening, exclusion, 50 percent reopening capacity, modified activities); DD regional-center day programs (vendored ADPs); TR staggered arrivals and transportation; HR staffing shortages and plan-of-operation changes; CB client exclusion and family notification; PY licensing conditions
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

This PIN provides statewide guidance for Adult Day Program (ADP) licensees on issues related to COVID-19 as follows: Addendum A: Prevention and Containment Measures...; Addendum B: Isolation Procedures for Positive COVID-19 Test Results...; Addendum C: Reopening Strategies... including dealing with staffing shortages, changing your plan of operation or repurposing a facility due to COVID-19...; Addendum D: Guidance on Activities and Visitation... Consider limiting initial reopening capacity to no more than 50% of licensed capacity.... Enact a sign-in policy and have all individuals check in with staff and be screened for symptoms prior to entry into the facility.... Exclude any client, visitor or staff showing symptoms of COVID-19... Licensees that are Regional Center vendors should also follow [DDS directives].

Enforcement: Licensing (Health & Safety Code s. 1550 et seq.); the PIN directs licensees to follow 'the strictest requirements' among CDSS, CDPH, local health officer and DDS instruments

Citation: California Department of Social Services, Community Care Licensing Division, Adult and Senior Care Program, Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with Addenda A-F) (Sept. 30, 2020) (Ex. SEC-24-003) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-24-009	Governor Mike DeWine (COVID-19 Update of March 21, 2020, announcing the Director of Health's orders), Governor's COVID-19 Update of March 21, 2020 (announcing the Director's Orders closing older adult day care services and senior centers and prohibiting adult day support and vocational habilitation services in congregate settings) (Mar. 21, 2020) (Ex. SEC-24-009)	In force from Mar. 21, 2020 to Sept. 21, 2020	Business closureHealth care orders
Ex. SEC-24-007	California Department of Social Services, Community Care Licensing Division, PIN 20-08-ASC, Statewide Waivers for Licensing Requirements Due to Coronavirus 2019 (COVID-19) (Mar. 18, 2020) (Ex. SEC-24-007)	In force from Mar. 18, 2020 to Sept. 30, 2020	Health care ordersWorkplace rulesOther
Ex. SEC-24-011	Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011)	In force from Mar. 20, 2020 to July 1, 2021	Health care ordersWorkplace rulesOther
Ex. SEC-24-006	California Department of Social Services, Community Care Licensing Division, PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing, Modification of Visitation Guidelines, Need for Infection Prevention and Control, and Use of Face Coverings in Adult and Senior Care Facilities (June 26, 2020) (Ex. SEC-24-006)	In force from June 26, 2020 to Mar. 31, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rules
Ex. SEC-24-008	Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008)	In force from Mar. 1, 2020 to Sept. 30, 2021	Other
Ex. SEC-24-002	Congress (Pub. L. 116-136), CARES Act s. 3222 (Nutrition Services) and s. 3223 (Continuity of Service... Under Title V of the Older Americans Act) (Mar. 27, 2020) (Ex. SEC-24-002)	In force from Mar. 27, 2020 to May 11, 2023	Supply chainOther
Ex. SEC-24-001	Department of Housing and Urban Development, Office of Community Planning and Development (John Gibbs, Acting Assistant Secretary), Memorandum, Availability of Waivers of Community Planning and Development Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19 (Mar. 31, 2020) (Ex. SEC-24-001)	In force from Mar. 31, 2020 to Mar. 31, 2021	Workplace rulesOther

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

Federal layer

Ex. FED-093

CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage

Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency, 85 Fed. Reg. 71142 (Nov. 6, 2020)

Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), United States (State Medicaid programs; group health plans; providers) (Federal)

Dates: In force from Nov. 2, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: CB payer base of every Medicaid provider (continuous enrollment kept the Medicaid rolls frozen open); OF billing (vaccine administration coverage rules)
Grade: Primary source read
Days in this quarter: 60 (in force on the last day)

This IFC adds a new subpart G, Temporary FMAP Increase During the Public Health Emergency for COVID-19, to 42 CFR part 433, including a new § 433.400. This new provision interprets and implements section 6008(b)(3) of the FFCRA to require states, as a condition for receiving the temporary FMAP increase described at section 6008(a) of the FFCRA, to maintain beneficiary enrollment with specified protections.

Enforcement: Loss of the enhanced FMAP for non-compliant quarters

Citation: Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093) 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-185

Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)

Letter of Authorization, Pfizer-BioNTech COVID-19 Vaccine

Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), United States (Federal)

Dates: In force from Dec. 11, 2020 to Aug. 23, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: context: vaccine availability dates behind the 2021 reopening and vaccination-proof orders (Dec. 11, 2020 first EUA; general adult eligibility in most States by April 19, 2021)
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

Having concluded that the criteria for issuance of this authorization under Section 564(c) of the Act are met, I am authorizing the emergency use of Pfizer-BioNTech COVID19 Vaccine for the prevention of COVID-19, as described in the Scope of Authorization section of this letter (Section II) and subject to the terms of this authorization.

Enforcement: Conditions of authorization

Citation: Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185) Open the exhibit

Ex. FED-186

Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)

Letter of Authorization, Moderna COVID-19 Vaccine

Food and Drug Administration, HHS, United States (Federal)

Dates: In force from Dec. 18, 2020 to Jan. 31, 2022
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: context
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

Having concluded that the criteria for issuance of this authorization under Section 564(c) of the Act are met, I am authorizing the emergency use of Moderna COVID19 Vaccine... for the prevention of COVID-19, as described in the Scope of Authorization section (Section II) and subject to the terms of this authorization.

Enforcement: Conditions of authorization

Citation: Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186) 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

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

Exhibit	Citation	Dates	Limitations
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-154	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-390	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	In force from Mar. 17, 2020 to Oct. 22, 2020	Business closure
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-170	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	In force from Apr. 1, 2020 to Dec. 31, 2020 (issued Mar. 18, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-171	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	In force from Apr. 2, 2020 to Dec. 31, 2020 (issued Apr. 1, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-166	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	In force from Aug. 17, 2020 to May 1, 2023	Health care orders
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-172	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	In force from Sept. 16, 2020 to Dec. 31, 2020 (issued Sept. 11, 2020)	Schools and child careWorkplace rulesQuarantine and isolation
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-030	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	In force from Sept. 30, 2020 to Oct. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules

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 Social Assistance and Community Services

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-24-011	Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011)	In force from Mar. 20, 2020 to July 1, 2021	Health care ordersWorkplace rulesOther
Ex. SEC-24-006	California Department of Social Services, Community Care Licensing Division, PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing, Modification of Visitation Guidelines, Need for Infection Prevention and Control, and Use of Face Coverings in Adult and Senior Care Facilities (June 26, 2020) (Ex. SEC-24-006)	In force from June 26, 2020 to Mar. 31, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rules
Ex. SEC-24-003	California Department of Social Services, Community Care Licensing Division, Adult and Senior Care Program, Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with Addenda A-F) (Sept. 30, 2020) (Ex. SEC-24-003)	In force from Sept. 30, 2020 to July 27, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rules
Ex. SEC-24-008	Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008)	In force from Mar. 1, 2020 to Sept. 30, 2021	Other
Ex. SEC-24-002	Congress (Pub. L. 116-136), CARES Act s. 3222 (Nutrition Services) and s. 3223 (Continuity of Service... Under Title V of the Older Americans Act) (Mar. 27, 2020) (Ex. SEC-24-002)	In force from Mar. 27, 2020 to May 11, 2023	Supply chainOther
Ex. SEC-24-001	Department of Housing and Urban Development, Office of Community Planning and Development (John Gibbs, Acting Assistant Secretary), Memorandum, Availability of Waivers of Community Planning and Development Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19 (Mar. 31, 2020) (Ex. SEC-24-001)	In force from Mar. 31, 2020 to Mar. 31, 2021	Workplace rulesOther

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

Federal layer

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-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-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-187

Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)

Letter of Authorization, Janssen COVID-19 Vaccine

Food and Drug Administration, HHS, United States (Federal)

Dates: In force from Feb. 27, 2021 to June 1, 2023
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: context (the April 13-23, 2021 federal pause of the Janssen vaccine is a fact and circumstance of 2021Q2; not verified here)
Grade: Primary source read
Days in this quarter: 33 (in force on the last day)

For the February 27, 2021 authorization for individuals 18 years of age and older, FDA reviewed safety and efficacy data from an ongoing phase 3 trial which enrolled 43,783 participants... Having concluded that the criteria for issuance of this authorization under Section 564(c) of the Act are met, I am authorizing the emergency use of the Janssen COVID19 Vaccine for the prevention of COVID-19

Enforcement: Conditions of authorization

Citation: Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187) 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-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: 26 (in force on the first day)

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

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

Exhibit	Citation	Dates	Limitations
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-154	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-166	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	In force from Aug. 17, 2020 to May 1, 2023	Health care orders
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-093	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	In force from Nov. 2, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. FED-339	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	In force from Nov. 13, 2020 to Jan. 12, 2021	Gathering capCourts and public offices
Ex. FED-303	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	In force from Nov. 25, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-185	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	In force from Dec. 11, 2020 to Aug. 23, 2021	Health care ordersOther
Ex. FED-186	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	In force from Dec. 18, 2020 to Jan. 31, 2022	Health care ordersOther
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine

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 Social Assistance and Community Services

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-24-011	Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011)	In force from Mar. 20, 2020 to July 1, 2021	Health care ordersWorkplace rulesOther
Ex. SEC-24-006	California Department of Social Services, Community Care Licensing Division, PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing, Modification of Visitation Guidelines, Need for Infection Prevention and Control, and Use of Face Coverings in Adult and Senior Care Facilities (June 26, 2020) (Ex. SEC-24-006)	In force from June 26, 2020 to Mar. 31, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rules
Ex. SEC-24-003	California Department of Social Services, Community Care Licensing Division, Adult and Senior Care Program, Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with Addenda A-F) (Sept. 30, 2020) (Ex. SEC-24-003)	In force from Sept. 30, 2020 to July 27, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rules
Ex. SEC-24-008	Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008)	In force from Mar. 1, 2020 to Sept. 30, 2021	Other
Ex. SEC-24-002	Congress (Pub. L. 116-136), CARES Act s. 3222 (Nutrition Services) and s. 3223 (Continuity of Service... Under Title V of the Older Americans Act) (Mar. 27, 2020) (Ex. SEC-24-002)	In force from Mar. 27, 2020 to May 11, 2023	Supply chainOther
Ex. SEC-24-001	Department of Housing and Urban Development, Office of Community Planning and Development (John Gibbs, Acting Assistant Secretary), Memorandum, Availability of Waivers of Community Planning and Development Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19 (Mar. 31, 2020) (Ex. SEC-24-001)	In force from Mar. 31, 2020 to Mar. 31, 2021	Workplace rulesOther

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-094

CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH

Medicare and Medicaid Programs; COVID-19 Vaccine Requirements for Long-Term Care (LTC) Facilities and Intermediate Care Facilities for Individuals With Intellectual Disabilities (ICFs-IID) Residents, Clients, and Staff, 86 Fed. Reg. 26306 (May 13, 2021)

Centers for Medicare & Medicaid Services, HHS, United States (Medicare and Medicaid LTC facilities and ICFs-IID) (Federal)

Dates: In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: RS/IC nursing homes (home-care-senior-living); HR/WF of nursing homes and their contractors (staffing PL; hospice HC; therapy providers); OF reporting
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

With this IFC, we are amending the requirements at § 483.80 to add a new paragraph (d)(3). We require at new § 483.80(d)(3)(i) that LTC facilities develop and implement policies and procedures to ensure that they offer residents and staff vaccination against COVID-19 when vaccine supplies are available.... Any of these individuals who provide services on-site at least weekly would be included in 'staff' who must be educated and offered the vaccine as it becomes available.... DATES: These regulations are effective on May 21, 2021.

Enforcement: F-tag F887 (education and offering); F884 (reporting); civil money penalties

Citation: Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094) Open the exhibit

Ex. FED-163

CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH

QSO-21-19-NH

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid LTC facilities) (Federal)

Dates: In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: RS/IC; HR/WF (education and offering to all staff including contract staff); OF reporting
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

On May 11, 2021, CMS published an interim final rule with comment period (IFC). This rule establishes Long-Term Care (LTC) Facility Vaccine Immunization Requirements for Residents and Staff. This includes new requirements for educating residents or resident representatives and staff regarding the benefits and potential side effects associated with the COVID-19 vaccine, and offering the vaccine. Furthermore, LTC facilities must report COVID-19 vaccine and therapeutics treatment information to the Centers for Disease Control and Prevention's (CDC) National Healthcare Safety Network (NHSN).... Noncompliance related to the new requirements for educating and offering COVID-19 vaccination to residents and staff will be cited at F-tag 887, and noncompliance related to COVID-19 vaccination reporting will be cited at F-tag 884.

Enforcement: F-tags F887 and F884; civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163) 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-081

DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)

DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 Emergency Temporary Standard

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide) (Federal)

Dates: In force from June 28, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: IC, OF, HR/WF of every covered healthcare setting (the enforcement machinery in force on every day of 2021Q3)
Grade: Primary source read
Days in this quarter: 3 (in force on the last day)

This Direction establishes inspection procedures and enforcement policies for the COVID-19 Emergency Temporary Standard, 29 CFR § 1910.502, and 29 CFR § 1910.504. This Direction applies OSHA-wide. [References:] Presidential Executive Order on Protecting Worker Health and Safety, January 21, 2021.

Enforcement: Governs the issuance of citations and penalties under the ETS

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081) 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: 91 (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

Continuing in force from an earlier quarter of this report (34 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-155	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	In force from Mar. 10, 2021 to Apr. 27, 2021	Gathering capHealth care orders
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-166	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	In force from Aug. 17, 2020 to May 1, 2023	Health care orders
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-093	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	In force from Nov. 2, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. FED-185	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	In force from Dec. 11, 2020 to Aug. 23, 2021	Health care ordersOther
Ex. FED-186	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	In force from Dec. 18, 2020 to Jan. 31, 2022	Health care ordersOther
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-296	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	In force from Feb. 12, 2021 to Apr. 5, 2021	Gathering capCourts and public offices
Ex. FED-187	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	In force from Feb. 27, 2021 to June 1, 2023	Health care ordersOther
Ex. FED-305	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	In force from Mar. 17, 2021 to June 1, 2021	Business closureCourts and public offices
Ex. FED-008	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration

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 Social Assistance and Community Services

Continuing in force from an earlier quarter of this report (4 instruments):

Exhibit	Citation	Dates	Limitations
Ex. SEC-24-011	Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011)	In force from Mar. 20, 2020 to July 1, 2021	Health care ordersWorkplace rulesOther
Ex. SEC-24-003	California Department of Social Services, Community Care Licensing Division, Adult and Senior Care Program, Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with Addenda A-F) (Sept. 30, 2020) (Ex. SEC-24-003)	In force from Sept. 30, 2020 to July 27, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rules
Ex. SEC-24-008	Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008)	In force from Mar. 1, 2020 to Sept. 30, 2021	Other
Ex. SEC-24-002	Congress (Pub. L. 116-136), CARES Act s. 3222 (Nutrition Services) and s. 3223 (Continuity of Service... Under Title V of the Older Americans Act) (Mar. 27, 2020) (Ex. SEC-24-002)	In force from Mar. 27, 2020 to May 11, 2023	Supply chainOther

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

Federal layer

Ex. FED-083

DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)

DIR 2021-03 (CPL 03), Revised National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide) (Federal)

Dates: In force from July 7, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rules
Functions reached: EMP/HR/IC in the targeted industries throughout 2021Q3
Grade: Primary source read
Days in this quarter: 86 (in force on the last day)

This revised Direction describes policies and procedures for implementing a National Emphasis Program (NEP) to ensure that employees in high-hazard industries or work tasks are protected from the hazard of contracting SARS-CoV-2... The NEP targets establishments that have workers with increased potential exposure to this hazard, and that puts the largest number of workers at serious risk. In addition, this NEP includes an added focus to ensure that workers are protected from retaliation... This Direction applies OSHA-wide. [References:] Presidential Executive Order on Protecting Worker Health and Safety, January 21, 2021.

Enforcement: Programmed inspections; ETS citations per DIR 2021-02 in covered healthcare settings; general duty clause elsewhere

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083) Open the exhibit

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-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-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: 19 (in force on the first day)

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-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

Continuing in force from an earlier quarter of this report (35 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-156	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	In force from Apr. 27, 2021 to Nov. 12, 2021	Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-184	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	In force from Mar. 27, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-090	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	In force from Mar. 31, 2020 to May 11, 2023 (issued Mar. 30, 2020)	Health care ordersOther
Ex. FED-091	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 1, 2020)	Health care ordersOther
Ex. FED-161	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	In force from May 8, 2020 to Sept. 30, 2021 (issued May 6, 2020)	Health care ordersOther
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-165	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	In force from June 1, 2020 to Mar. 30, 2023	Health care orders
Ex. FED-166	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	In force from Aug. 17, 2020 to May 1, 2023	Health care orders
Ex. FED-168	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	In force from Aug. 26, 2020 to Sept. 23, 2022	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	In force from Sept. 2, 2020 to May 11, 2023	Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-093	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	In force from Nov. 2, 2020 to Sept. 30, 2021	Health care ordersOther
Ex. FED-185	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	In force from Dec. 11, 2020 to Aug. 23, 2021	Health care ordersOther
Ex. FED-186	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	In force from Dec. 18, 2020 to Jan. 31, 2022	Health care ordersOther
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-187	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	In force from Feb. 27, 2021 to June 1, 2023	Health care ordersOther
Ex. FED-094	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	In force from May 21, 2021 to Sept. 30, 2021 (issued May 13, 2021)	Health care ordersWorkplace rulesVaccination or testing
Ex. FED-163	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	In force from May 21, 2021 to Sept. 30, 2021 (issued May 11, 2021)	Health care ordersWorkplace rulesVaccination or testing
Ex. FED-080	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	In force from June 21, 2021 to Dec. 27, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-081	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	In force from June 28, 2021 to Dec. 27, 2021	Health care ordersWorkplace rules
Ex. FED-008	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices

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 Social Assistance and Community Services

Ex. SEC-24-004

PIN 21-33-ASC, Adult Day Program Infection Control Guidance (supersedes PIN 20-33-ASC and PIN 21-21-ASC)

Adult Day Program Infection Control Guidance

California Department of Social Services, Community Care Licensing Division, California (Adult Day Programs) (Sector regulator)

Dates: In force from Aug. 9, 2021 to Sept. 30, 2021 (issued July 27, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: AD daily operations (vaccine verification, weekly testing of unvaccinated staff, respirators, participant masking); DD regional-center day programs; HR (vaccination status verification; exclusion of untested staff); WF (unvaccinated staff testing burden); CB participant masking; PY licensing conditions
Grade: Primary source read
Days in this quarter: 53 (in force on the last day)

Pursuant to the State Public Health Officer Order of July 26, 2021, all facilities must [verify the vaccination status of all workers]... providers shall provide all unvaccinated or incompletely vaccinated workers with [respirators]... [each unvaccinated or incompletely vaccinated] facility staff member must wear an N95 respirator regardless of their vaccination status [in the settings specified]... Pursuant to the State Public Health Officer Order of July 26, 2021, diagnostic screening testing [of unvaccinated workers is required at least once weekly]... The State Public Health Officer Order takes effect on August 9, 2021. Providers must be in full compliance with this PIN by August 23, 2021.... a client/participant at an ADP must continue to wear a face covering [indoors].

Enforcement: Licensing; the SPHO order is enforceable under Health & Safety Code ss. 120125, 120140, 131080, 120130(c), 120135, 120145, 120175 and 120195

Citation: California Department of Social Services, Community Care Licensing Division, PIN 21-33-ASC, Adult Day Program Infection Control Guidance (supersedes PIN 20-33-ASC and PIN 21-21-ASC) (July 27, 2021) (Ex. SEC-24-004) Open the exhibit

Ex. SEC-24-005

PIN 21-44-ASC, Adult and Senior Care Facility Worker COVID-19 Vaccination Requirement

Adult and Senior Care Facility Worker Coronavirus Disease 2019 (COVID-19) Vaccination Requirement

California Department of Social Services, Community Care Licensing Division, California (all Adult and Senior Care licensees: adult residential facilities incl. those serving people with developmental disabilities, RCFEs, adult day programs, social rehabilitation facilities) (Sector regulator)

Dates: In force from Sept. 28, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: DD adult residential facilities and group homes (worker vaccination); AD adult day programs (cross-referenced to PIN 21-33-ASC); HR (hiring and retention conditioned on vaccination or exemption); WF; PY licensing conditions
Grade: Primary source read
Days in this quarter: 3 (in force on the last day)

PIN 21-44-ASC notifies all Adult and Senior Care (ASC) licensees of the COVID-19 [vaccination requirement in the State Public] Health Officer Order of September 28, 2021.... Pursuant to the State Public Health Officer Order of September 28, 2021, all workers [in adult and senior care facilities must have their first dose of a one-dose regimen or their] second dose of a two-dose regimen by November 30, 2021.... Workers may be exempt from the vaccination requirements only upon providing [a declination form based on religious beliefs or qualifying medical reasons]... the unvaccinated exempt worker must meet the following requirements... Testing must occur once weekly for such workers.

Enforcement: Licensing; the SPHO order's health-code penalties

Citation: California Department of Social Services, Community Care Licensing Division, PIN 21-44-ASC, Adult and Senior Care Facility Worker COVID-19 Vaccination Requirement (Sept. 28, 2021) (Ex. SEC-24-005) Open the exhibit

Ex. SEC-24-010

Notice CPD-21-08, Waivers and Alternative Requirements for the Emergency Solutions Grants (ESG) Program Under the CARES Act

Waivers and Alternative Requirements for the Emergency Solutions Grants (ESG) Program Under the CARES Act

Department of Housing and Urban Development, Office of Community Planning and Development, United States (all ESG-CV recipients and subrecipients; Continuums of Care) (Federal)

Dates: In force from July 19, 2021 to Sept. 30, 2022
Quarters: 2021 Q3
Limitations: Workplace rulesOther
Functions reached: FD shelters and temporary emergency (non-congregate) shelters: operating rules and eligible costs; FS homelessness prevention and rapid re-housing case management; OP grant administration, HMIS, reporting; PY funder conditions in Q3 2021; CB clients
Grade: Primary source read
Days in this quarter: 74 (in force on the last day)

This Notice supersedes Notice CPD-20-08, published on September 1, 2020, and reestablishes the allocation formula and amounts and reestablishes and announces new requirements for the $3.96 billion in funding provided for the Emergency Solutions Grants Program (ESG) under the [CARES Act]. These ESG-CV funds must be used to prevent, prepare for, and respond to coronavirus among individuals and families who are homeless or receiving homeless assistance... Requirements at 24 CFR Part 576 will apply to the use of these funds, unless otherwise provided by the alternative requirements and flexibilities established under the CARES Act, this Notice, or subsequent waivers... 1. Emergency Shelter Activities. The limitation in Notice CPD-20-08 that ESG-CV funds may only be used for the costs of providing emergency shelter until January 31, 2022 has been lifted.... 2. Temporary Emergency Shelter…

Enforcement: Grant conditions under 24 C.F.R. part 576 as modified; recipients' written standards

Citation: Department of Housing and Urban Development, Office of Community Planning and Development, Notice CPD-21-08, Waivers and Alternative Requirements for the Emergency Solutions Grants (ESG) Program Under the CARES Act (July 19, 2021) (Ex. SEC-24-010) Open the exhibit

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

Exhibit	Citation	Dates	Limitations
Ex. SEC-24-008	Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008)	In force from Mar. 1, 2020 to Sept. 30, 2021	Other
Ex. SEC-24-002	Congress (Pub. L. 116-136), CARES Act s. 3222 (Nutrition Services) and s. 3223 (Continuity of Service... Under Title V of the Older Americans Act) (Mar. 27, 2020) (Ex. SEC-24-002)	In force from Mar. 27, 2020 to May 11, 2023	Supply chainOther

Third quarter of 2021: the instruments in force, Social Assistance and Community Services (nationally)

In force during the third quarter of 2021 (an order in force on any day of the quarter is an order in force during it):

SEC-04-014 (OSHA 1910.502, from June 21, 2021; compliance July 6 and 21)
SEC-04-016 (QSO-21-14 revised June 3, 2021, ICF/IID visitation and infection control)
SEC-04-078 and every State's Appendix K amendments (to six months after the PHE)
SEC-24-010 (HUD Notice CPD-21-08, July 19, 2021)
SEC-24-004 (CA PIN 21-33-ASC, July 27, 2021; compliance Aug. 23)
CA-031 (SPHO July 26, 2021)
CA-030 (SPHO Aug. 5, 2021; deadline Sept. 30)
SEC-24-005 (CA PIN 21-44-ASC, Sept. 28, 2021)
CA-035 (face coverings guidance July 28, 2021, emergency shelters and adult day programs)
MET-LA-023 (Los Angeles County HCW and home care worker order Aug. 12, 2021)
NM-068 and NM-071 (Aug. 17 and Sept. 15, 2021)
NJ-056 / SEC-04-030 (EO 252, effective Sept. 7, 2021)
NJ-081 (ED 21-007 reopening conditions, from June 15, 2021)
IL-042 and IL-043 (EO 2021-20 and 2021-22)
ECO-B-141 (Illinois State congregate facility employees incl. developmental centers)
RI-072 / SEC-04-053 (216-RICR-20-15-8, Aug. 17, 2021)
AGY-ST-HEALTH-SUBORDERS-046 (Delaware adult day care staff vaccination or testing, effective Sept. 30, 2021) and DE-061 and the parallel 4402 order effective July 1, 2021
MD-027 (adult day reopening order, in force to Aug. 15, 2021), MD-057 and MD-060 (State congregate facilities)
NY-071, NY-071-B, NY-073 (10 NYCRR 2.61 and 2.60, Aug. 26-27, 2021)
MET-NYC-036 (NYC congregate settings staff vaccination or testing, Aug. 16, 2021)
MET-NYC-017 and MET-NYC-018 (Key to NYC; senior centers exempt)
CT-051 and SEC-04-051 (EO 13B/13F, LTC incl. ICF staff vaccination by Sept. 27, 2021)
SEC-04-052 (CT EO 13D, State employees, school and child care staff)
SEC-04-032 and SEC-04-061 (WA Proclamation 21-14 and 21-14.1)
WA-043 (Proclamation 20-66, community residential and ICF/IID operations)
CO-041, CO-053, CO-091, CO-054 (PHO 20-38 Fourth to Seventh Amended: homeless shelters)
CO-042 and CO-092 (PHO 20-20 Seventh and Eighth Amended: group homes and ICFs)
MET-DEN-023 (Denver personnel vaccination incl. shelters, by Sept. 30, 2021)
MA-050 (DPH face coverings: congregate care, emergency shelters, HHS day programs)
MA-069 (105 CMR 159, Sept. 8, 2021)
AGY-ST-HEALTH-SUBORDERS-120 (MA PHE Order 2021-8, Sept. 15, 2021)
NC-030 (EO 220 to July 30, 2021: homeless shelters)
KS-052 (KDHE adult care home testing incl. adult day care facilities)
MET-IND-008 (Marion County non-congregate shelter order)
MET-CMH-048 (Columbus EO 2021-01, Sept. 10, 2021)
MET-MSP-042 and MET-MSP-045 (Saint Paul emergency shelter zoning waivers)
MET-PHL-021 (Philadelphia HCW vaccination regulation Aug. 16, 2021)
ECO-B-137 (Pennsylvania Commonwealth employees in congregate facilities)
SEC-04-059 (DC Mayor's Order 2021-099)
FED-174 s. 9817 (ARPA HCBS FMAP conditions Apr. 1, 2021-Mar. 31, 2022)
FED-012 (CDC conveyance mask order) and TSA directives for client and staff transit
SEC-16-043 / ECO-B-051 (KY EO 2021-585 school and child care masks, Aug. 10, 2021: workforce)
SEC-15-074 (LA Proclamation 137 JBE 2021 masks, Aug. 2-4, 2021)
OR-046 (OAR 333-019-1010 Aug. 5, 2021)

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/social-assistance.

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

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

Date	Organizer	Event	What the notice said	Exhibit
Nov. 11, 2019	The Arc of the United States (chapters providing day, residential, employment and advocacy services to people with intellectual and developmental disabilities)	The Arc National Convention 2020	In the face of an unprecedented shift in operations, we developed new and innovative ways to connect with our NCE members including across our virtual events: a highly successful virtual Summer Leadership Institute series, Professional Development Seminar, and NCE Distinguished Professional Awards during this year's…	Ex. SEC-24-GM-020
Mar. 16, 2020	Best Buddies International (one-to-one friendship, integrated employment and inclusive living for people with intellectual and developmental disabilities)	Best Buddies Friendship Walk 2020 (about 60 city walks)	The Best Buddies Virtual Friendship Walk! [introduced as] something more unique and captivating than anything we've ever done before. (The March 16, 2020 post states the conversion without stating the reason; the organizer's Southwest Florida chapter page of Apr. 22, 2020 records that its walk 'was one of many local…	Ex. SEC-24-GM-015
Mar. 17, 2020	American Network of Community Options and Resources (ANCOR), the national association of community providers serving people with intellectual and developmental disabilities	Elevate: The 2020 ANCOR Annual Conference	Elevate: The 2020 ANCOR Annual Conference, will not proceed in Miami at the end of April as planned... the Centers for Disease Control & Prevention recommended discontinuing all mass gatherings of 50 or more people... the City of Miami issued an order placing limitations on gatherings of 250 or more people... we cannot…	Ex. SEC-24-GM-001
Mar. 17, 2020	American Network of Community Options and Resources (ANCOR), the national association of community providers serving people with intellectual and developmental disabilities	Elevate: The 2020 ANCOR Annual Conference	Elevate: The 2020 ANCOR Annual Conference, will not proceed in Miami at the end of April as planned... the Centers for Disease Control & Prevention recommended discontinuing all mass gatherings of 50 or more people... the City of Miami issued an order placing limitations on gatherings of 250 or more people... we cannot…	Ex. SEC-24-GM-002
Mar. 17, 2020	American Network of Community Options and Resources (ANCOR), the national association of community providers serving people with intellectual and developmental disabilities	Elevate: The 2020 ANCOR Annual Conference	Elevate: The 2020 ANCOR Annual Conference, will not proceed in Miami at the end of April as planned... the Centers for Disease Control & Prevention recommended discontinuing all mass gatherings of 50 or more people... the City of Miami issued an order placing limitations on gatherings of 250 or more people... we cannot…	Ex. SEC-24-GM-003
Mar. 25, 2020	Child Welfare League of America	CWLA 2020 National Conference (Child Welfare League of America, 100th anniversary year)	As the national public health emergency of the coronavirus (COVID-19) outbreak continues, CWLA made the difficult decision to postpone our 2020 conference until next year... the difficulty that individuals and organizations would have in leaving their communities to attend a conference... these organizations' need to…	Ex. SEC-24-GM-006
Apr. 10, 2020	Alliance for Strong Families and Communities and the Council on Accreditation (now Social Current), the network and accreditor of family- and community-service nonprofits	Alliance for Strong Families and Communities and Council on Accreditation 2020 National Conference (COA 2020)	it would be impossible to hold an event in August at the Marriott at Brooklyn Bridge... given the current pandemic in the NYC-area, the designation of the NYC-area as a 'hot spot' and 'epicenter,' the current prohibitions on group gatherings, and... the National Institute of Allergy and Infectious Diseases (NIAID) at…	Ex. SEC-24-GM-017
Apr. 10, 2020	Alliance for Strong Families and Communities and the Council on Accreditation (now Social Current), the network and accreditor of family- and community-service nonprofits	Alliance for Strong Families and Communities and Council on Accreditation 2020 National Conference (COA 2020)	it would be impossible to hold an event in August at the Marriott at Brooklyn Bridge... given the current pandemic in the NYC-area, the designation of the NYC-area as a 'hot spot' and 'epicenter,' the current prohibitions on group gatherings, and... the National Institute of Allergy and Infectious Diseases (NIAID) at…	Ex. SEC-24-GM-018
Apr. 15, 2020	Points of Light	Points of Light Conference 2020 (the national conference on volunteering and service)	we have made the decision to pivot from an in-person convening to an online experience... the continued impact of COVID-19... the health of our global community is in a fragile state... the work to flatten the curve is imperative.	Ex. SEC-24-GM-011
May 30, 2020	APSE, the national association for supported and customized employment of people with disabilities	2020 APSE National Conference: Employment First: Elevated (Association of People Supporting Employment First)	We're going virtual! The 2020 APSE Pre-Conference will now take place after the Virtual Conference as a live online learning experience from August 3-21.	Ex. SEC-24-GM-004
May 30, 2020	APSE, the national association for supported and customized employment of people with disabilities	2020 APSE National Conference: Employment First: Elevated (Association of People Supporting Employment First)	We're going virtual! The 2020 APSE Pre-Conference will now take place after the Virtual Conference as a live online learning experience from August 3-21.	Ex. SEC-24-GM-005
July 30, 2020	National Alliance for Direct Support Professionals	NADSP Annual Meeting and Conference: The Sixth One (direct support professional workforce conference)	Sadly, the COVID-19 pandemic prevents us from getting together to share these programs of workforce excellence with you in person.... While the in-person connections created each year at our conferences feel irreplaceable, this week-long occasion provides an unprecedented opportunity.	Ex. SEC-24-GM-013
July 30, 2020	National Alliance for Direct Support Professionals	NADSP Annual Meeting and Conference: The Sixth One (direct support professional workforce conference)	Sadly, the COVID-19 pandemic prevents us from getting together to share these programs of workforce excellence with you in person.... While the in-person connections created each year at our conferences feel irreplaceable, this week-long occasion provides an unprecedented opportunity.	Ex. SEC-24-GM-014
Aug. 31, 2020	Meals on Wheels America (the national network of senior nutrition programs)	Meals on Wheels America Annual Conference 2020	The public health and safety of its attendees, sponsors, exhibitors, speakers, staff, and most importantly the high-risk population [prompted the shift to a virtual format].... [programs were] serving nearly 50% more seniors than they did prior to March.	Ex. SEC-24-GM-007
Sept. 1, 2020	National Council on Independent Living (centers for independent living and disability-rights organizations)	NCIL Annual Conference on Independent Living 2020 ('Evolution of our Revolution')	Despite having just weeks to overhaul our entire conference and transform it into a virtual experience, we were able to put together a 3 week conference... we needed to add content on COVID-19 and racial justice and police violence to address everything that was happening in 2020.	Ex. SEC-24-GM-010
June 14, 2021	ANCOR	2021 ANCOR Annual Conference: Meeting the Moment	2021 ANCOR Annual Conference: Meeting the Moment	Ex. SEC-24-GM-016
June 21, 2021	American Association on Intellectual and Developmental Disabilities	AAIDD 144th Annual Meeting (2020) and 145th Annual Meeting (2021)	Cancelled due to Covid	Ex. SEC-24-GM-012
July 19, 2021	National Council on Independent Living (centers for independent living and disability-rights organizations)	NCIL Annual Conference on Independent Living 2020 ('Evolution of our Revolution')	Despite having just weeks to overhaul our entire conference and transform it into a virtual experience, we were able to put together a 3 week conference... we needed to add content on COVID-19 and racial justice and police violence to address everything that was happening in 2020.	Ex. SEC-24-GM-019
Aug. 11, 2021	Meals on Wheels America	Meals on Wheels America Annual Conference 2021	Meals on Wheels America Annual Conference 2021	Ex. SEC-24-GM-008
Oct. 1, 2021	The Arc of the United States (chapters providing day, residential, employment and advocacy services to people with intellectual and developmental disabilities)	The Arc National Convention 2020	In the face of an unprecedented shift in operations, we developed new and innovative ways to connect with our NCE members including across our virtual events: a highly successful virtual Summer Leadership Institute series, Professional Development Seminar, and NCE Distinguished Professional Awards during this year's…	Ex. SEC-24-GM-021
Dec. 1, 2021	Catholic Charities USA, the national office of the diocesan Catholic Charities agencies (family services, shelters, food programs, refugee and senior services)	Catholic Charities USA Annual Gathering (2020 cancelled; 2021 San Diego)	The event was cancelled in 2020 because of the COVID-19 pandemic.	Ex. SEC-24-GM-009

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 Social Assistance and Community Services 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 186 instruments in force for this selection: 7 instruments from the regulators of Social Assistance and Community Services (Governor Mike DeWine (COVID-19 Update of March 21, 2020, announcing the Director of Health's orders), Governor's COVID-19 Update of March 21, 2020 (announcing the Director's Orders closing older adult day care services and senior centers and prohibiting adult day support and vocational habilitation services in congregate settings) (Mar. 21, 2020) (Ex. SEC-24-009); California Department of Social Services, Community Care Licensing Division, PIN 20-08-ASC, Statewide Waivers for Licensing Requirements Due to Coronavirus 2019 (COVID-19) (Mar. 18, 2020) (Ex. SEC-24-007); Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011); and 4 more) and 179 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190); 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); 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 Social Assistance industry, as the Library records them: adult day and senior-center programs (AD; Ex. SEC-24-009, Ex. SEC-24-011, Ex. SEC-24-008, Ex. SEC-24-002); developmental-disability day and residential programs (DD; Ex. SEC-24-009, Ex. SEC-24-007, Ex. SEC-24-011, Ex. SEC-24-006 and 1 more); vocational rehabilitation and sheltered work (VR; Ex. SEC-24-009); family, youth and counseling services (FS; Ex. SEC-24-011, Ex. SEC-24-001); food banks, meals and shelters (FD; Ex. SEC-24-002, Ex. SEC-24-001); client transportation (TR; Ex. SEC-24-009, Ex. SEC-24-002); payers and licensing (PY; Ex. SEC-24-011, Ex. SEC-24-008, Ex. SEC-24-002, Ex. SEC-24-001); hiring, screening, training and credentialing (HR; Ex. SEC-24-007, Ex. SEC-24-011, Ex. SEC-24-006); office, administration and telework (OP; Ex. SEC-24-011, Ex. SEC-24-008, Ex. SEC-24-001); clients and funders (CB; Ex. SEC-24-009, Ex. SEC-24-007, Ex. SEC-24-006, Ex. SEC-24-002 and 1 more).

Step three, the change compelled. California Department of Social Services, Community Care Licensing Division, PIN 20-08-ASC, Statewide Waivers for Licensing Requirements Due to Coronavirus 2019 (COVID-19) (Mar. 18, 2020) (Ex. SEC-24-007) ordered: "Facilities shall limit entry only to individuals who need entry, as necessary for [the health and safety of persons in care, consistent with CDC, CDPH and local health department guidance]... facilities shall make arrangements for alternate means of communication for visitors... Facilities may waive…" Enforcement: Licensing Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011) ordered: "1. Effective immediately, the Commissioner of the Department of Human Services may temporarily waive or modify any of the following provisions, and applicable rules: a. The Human Services Licensing Act in Minnesota Statutes 2019, chapter 245A, and accompanying program standards governed under…" Enforcement: Minn. Stat. s. 12.45 (misdemeanor for violation of an emergency order); licensing California Department of Social Services, Community Care Licensing Division, PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing, Modification of Visitation Guidelines, Need for Infection Prevention and Control, and Use of Face Coverings in Adult and Senior Care Facilities (June 26, 2020) (Ex. SEC-24-006) ordered: "PIN 20-23-ASC provides updated guidance to Adult and Senior Care (ASC) licensees... and provides updates to PIN 20-07-ASC as it relates to direction on reopening modifications related to visitation, communal dining, and daily activities.... All providers shall continue to follow guidance in all…" Enforcement: Licensing 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. Governor's COVID-19 Update of March 21, 2020 (announcing the Director's Orders closing… (Ex. SEC-24-009) was in force from Mar. 21, 2020 to Sept. 21, 2020, 102 of the quarter's 110 days; PIN 20-08-ASC, Statewide Waivers for Licensing Requirements Due to Coronavirus 2019… (Ex. SEC-24-007) was in force from Mar. 18, 2020 to Sept. 30, 2020, 105 of the quarter's 110 days; Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the… (Ex. SEC-24-011) was in force from Mar. 20, 2020 to July 1, 2021, 103 of the quarter's 110 days. Of the 7 instruments in the quarter's record, 1 was in force on its first day, 7 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 Social Assistance 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 171 instruments in force for this selection: 8 instruments from the regulators of Social Assistance and Community Services (Governor Mike DeWine (COVID-19 Update of March 21, 2020, announcing the Director of Health's orders), Governor's COVID-19 Update of March 21, 2020 (announcing the Director's Orders closing older adult day care services and senior centers and prohibiting adult day support and vocational habilitation services in congregate settings) (Mar. 21, 2020) (Ex. SEC-24-009); California Department of Social Services, Community Care Licensing Division, PIN 20-08-ASC, Statewide Waivers for Licensing Requirements Due to Coronavirus 2019 (COVID-19) (Mar. 18, 2020) (Ex. SEC-24-007); Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011); and 5 more) and 163 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); and 160 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions of business of the Social Assistance industry, as the Library records them: adult day and senior-center programs (AD; Ex. SEC-24-009, Ex. SEC-24-011, Ex. SEC-24-003, Ex. SEC-24-008 and 1 more); developmental-disability day and residential programs (DD; Ex. SEC-24-009, Ex. SEC-24-007, Ex. SEC-24-011, Ex. SEC-24-006 and 2 more); vocational rehabilitation and sheltered work (VR; Ex. SEC-24-009); family, youth and counseling services (FS; Ex. SEC-24-011, Ex. SEC-24-001); food banks, meals and shelters (FD; Ex. SEC-24-002, Ex. SEC-24-001); client transportation (TR; Ex. SEC-24-009, Ex. SEC-24-003, Ex. SEC-24-002); payers and licensing (PY; Ex. SEC-24-011, Ex. SEC-24-003, Ex. SEC-24-008, Ex. SEC-24-002 and 1 more); hiring, screening, training and credentialing (HR; Ex. SEC-24-007, Ex. SEC-24-011, Ex. SEC-24-006, Ex. SEC-24-003); office, administration and telework (OP; Ex. SEC-24-011, Ex. SEC-24-008, Ex. SEC-24-001); clients and funders (CB; Ex. SEC-24-009, Ex. SEC-24-007, Ex. SEC-24-006, Ex. SEC-24-003 and 2 more).

Step four, the quarter. The quarter's record runs from July 1, 2020 to Sept. 30, 2020, 92 days. Governor's COVID-19 Update of March 21, 2020 (announcing the Director's Orders closing… (Ex. SEC-24-009) was in force from Mar. 21, 2020 to Sept. 21, 2020, 83 of the quarter's 92 days; PIN 20-08-ASC, Statewide Waivers for Licensing Requirements Due to Coronavirus 2019… (Ex. SEC-24-007) was in force from Mar. 18, 2020 to Sept. 30, 2020, 92 of the quarter's 92 days; Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the… (Ex. SEC-24-011) was in force from Mar. 20, 2020 to July 1, 2021, 92 of the quarter's 92 days. Of the 8 instruments in the quarter's record, 7 were in force on its first day, 7 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 Social Assistance 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 166 instruments in force for this selection: 6 instruments from the regulators of Social Assistance and Community Services (Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011); California Department of Social Services, Community Care Licensing Division, PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing, Modification of Visitation Guidelines, Need for Infection Prevention and Control, and Use of Face Coverings in Adult and Senior Care Facilities (June 26, 2020) (Ex. SEC-24-006); California Department of Social Services, Community Care Licensing Division, Adult and Senior Care Program, Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with Addenda A-F) (Sept. 30, 2020) (Ex. SEC-24-003); and 3 more) and 160 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154); 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); 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 Social Assistance industry, as the Library records them: adult day and senior-center programs (AD; Ex. SEC-24-011, Ex. SEC-24-003, Ex. SEC-24-008, Ex. SEC-24-002); developmental-disability day and residential programs (DD; Ex. SEC-24-011, Ex. SEC-24-006, Ex. SEC-24-003, Ex. SEC-24-008); family, youth and counseling services (FS; Ex. SEC-24-011, Ex. SEC-24-001); food banks, meals and shelters (FD; Ex. SEC-24-002, Ex. SEC-24-001); client transportation (TR; Ex. SEC-24-003, Ex. SEC-24-002); payers and licensing (PY; Ex. SEC-24-011, Ex. SEC-24-003, Ex. SEC-24-008, Ex. SEC-24-002 and 1 more); hiring, screening, training and credentialing (HR; Ex. SEC-24-011, Ex. SEC-24-006, Ex. SEC-24-003); office, administration and telework (OP; Ex. SEC-24-011, Ex. SEC-24-008, Ex. SEC-24-001); clients and funders (CB; Ex. SEC-24-006, Ex. SEC-24-003, Ex. SEC-24-002, Ex. SEC-24-001).

Step three, the change compelled. Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011) ordered: "1. Effective immediately, the Commissioner of the Department of Human Services may temporarily waive or modify any of the following provisions, and applicable rules: a. The Human Services Licensing Act in Minnesota Statutes 2019, chapter 245A, and accompanying program standards governed under…" Enforcement: Minn. Stat. s. 12.45 (misdemeanor for violation of an emergency order); licensing California Department of Social Services, Community Care Licensing Division, PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing, Modification of Visitation Guidelines, Need for Infection Prevention and Control, and Use of Face Coverings in Adult and Senior Care Facilities (June 26, 2020) (Ex. SEC-24-006) ordered: "PIN 20-23-ASC provides updated guidance to Adult and Senior Care (ASC) licensees... and provides updates to PIN 20-07-ASC as it relates to direction on reopening modifications related to visitation, communal dining, and daily activities.... All providers shall continue to follow guidance in all…" Enforcement: Licensing California Department of Social Services, Community Care Licensing Division, Adult and Senior Care Program, Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with Addenda A-F) (Sept. 30, 2020) (Ex. SEC-24-003) ordered: "This PIN provides statewide guidance for Adult Day Program (ADP) licensees on issues related to COVID-19 as follows: Addendum A: Prevention and Containment Measures...; Addendum B: Isolation Procedures for Positive COVID-19 Test Results...; Addendum C: Reopening Strategies... including dealing with…" Enforcement: Licensing (Health & Safety Code s. 1550 et seq.); the PIN directs licensees to follow 'the strictest requirements' among CDSS, CDPH, local health officer and… 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. Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the… (Ex. SEC-24-011) was in force from Mar. 20, 2020 to July 1, 2021, 92 of the quarter's 92 days; PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing… (Ex. SEC-24-006) was in force from June 26, 2020 to Mar. 31, 2021, 92 of the quarter's 92 days; Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with… (Ex. SEC-24-003) was in force from Sept. 30, 2020 to July 27, 2021, 92 of the quarter's 92 days. Of the 6 instruments in the quarter's record, 6 were in force on its first day, 6 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 Social Assistance 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 181 instruments in force for this selection: 6 instruments from the regulators of Social Assistance and Community Services (Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011); California Department of Social Services, Community Care Licensing Division, PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing, Modification of Visitation Guidelines, Need for Infection Prevention and Control, and Use of Face Coverings in Adult and Senior Care Facilities (June 26, 2020) (Ex. SEC-24-006); California Department of Social Services, Community Care Licensing Division, Adult and Senior Care Program, Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with Addenda A-F) (Sept. 30, 2020) (Ex. SEC-24-003); and 3 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); CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154); CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155); 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 Social Assistance industry, as the Library records them: adult day and senior-center programs (AD; Ex. SEC-24-011, Ex. SEC-24-003, Ex. SEC-24-008, Ex. SEC-24-002); developmental-disability day and residential programs (DD; Ex. SEC-24-011, Ex. SEC-24-006, Ex. SEC-24-003, Ex. SEC-24-008); family, youth and counseling services (FS; Ex. SEC-24-011, Ex. SEC-24-001); food banks, meals and shelters (FD; Ex. SEC-24-002, Ex. SEC-24-001); client transportation (TR; Ex. SEC-24-003, Ex. SEC-24-002); payers and licensing (PY; Ex. SEC-24-011, Ex. SEC-24-003, Ex. SEC-24-008, Ex. SEC-24-002 and 1 more); hiring, screening, training and credentialing (HR; Ex. SEC-24-011, Ex. SEC-24-006, Ex. SEC-24-003); office, administration and telework (OP; Ex. SEC-24-011, Ex. SEC-24-008, Ex. SEC-24-001); clients and funders (CB; Ex. SEC-24-006, Ex. SEC-24-003, Ex. SEC-24-002, Ex. SEC-24-001).

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the… (Ex. SEC-24-011) was in force from Mar. 20, 2020 to July 1, 2021, 90 of the quarter's 90 days; PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing… (Ex. SEC-24-006) was in force from June 26, 2020 to Mar. 31, 2021, 90 of the quarter's 90 days; Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with… (Ex. SEC-24-003) was in force from Sept. 30, 2020 to July 27, 2021, 90 of the quarter's 90 days. Of the 6 instruments in the quarter's record, 6 were in force on its first day, 6 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 Social Assistance 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 169 instruments in force for this selection: 4 instruments from the regulators of Social Assistance and Community Services (Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011); California Department of Social Services, Community Care Licensing Division, Adult and Senior Care Program, Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with Addenda A-F) (Sept. 30, 2020) (Ex. SEC-24-003); Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008); and 1 more) and 165 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155); 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); 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); 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 Social Assistance industry, as the Library records them: adult day and senior-center programs (AD; Ex. SEC-24-011, Ex. SEC-24-003, Ex. SEC-24-008, Ex. SEC-24-002); developmental-disability day and residential programs (DD; Ex. SEC-24-011, Ex. SEC-24-003, Ex. SEC-24-008); family, youth and counseling services (FS; Ex. SEC-24-011); food banks, meals and shelters (FD; Ex. SEC-24-002); client transportation (TR; Ex. SEC-24-003, Ex. SEC-24-002); payers and licensing (PY; Ex. SEC-24-011, Ex. SEC-24-003, Ex. SEC-24-008, Ex. SEC-24-002); hiring, screening, training and credentialing (HR; Ex. SEC-24-011, Ex. SEC-24-003); office, administration and telework (OP; Ex. SEC-24-011, Ex. SEC-24-008); clients and funders (CB; Ex. SEC-24-003, Ex. SEC-24-002).

Step three, the change compelled. Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011) ordered: "1. Effective immediately, the Commissioner of the Department of Human Services may temporarily waive or modify any of the following provisions, and applicable rules: a. The Human Services Licensing Act in Minnesota Statutes 2019, chapter 245A, and accompanying program standards governed under…" Enforcement: Minn. Stat. s. 12.45 (misdemeanor for violation of an emergency order); licensing California Department of Social Services, Community Care Licensing Division, Adult and Senior Care Program, Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with Addenda A-F) (Sept. 30, 2020) (Ex. SEC-24-003) ordered: "This PIN provides statewide guidance for Adult Day Program (ADP) licensees on issues related to COVID-19 as follows: Addendum A: Prevention and Containment Measures...; Addendum B: Isolation Procedures for Positive COVID-19 Test Results...; Addendum C: Reopening Strategies... including dealing with…" Enforcement: Licensing (Health & Safety Code s. 1550 et seq.); the PIN directs licensees to follow 'the strictest requirements' among CDSS, CDPH, local health officer and… Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008) ordered: "This appendix was developed as a standalone appendix to be utilized by the state during emergency situations. It should be used by the state to advise CMS of expected changes to its waiver operations or to request amendment to its approved waiver.... This appendix may be completed retroactively, as…" Enforcement: Conditions of federal financial participation under the approved waiver 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. Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the… (Ex. SEC-24-011) was in force from Mar. 20, 2020 to July 1, 2021, 91 of the quarter's 91 days; Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with… (Ex. SEC-24-003) was in force from Sept. 30, 2020 to July 27, 2021, 91 of the quarter's 91 days; 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance… (Ex. SEC-24-008) was in force from Mar. 1, 2020 to Sept. 30, 2021, 91 of the quarter's 91 days. Of the 4 instruments in the quarter's record, 4 were in force on its first day, 4 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 Social Assistance 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 172 instruments in force for this selection: 5 instruments from the regulators of Social Assistance and Community Services (California Department of Social Services, Community Care Licensing Division, PIN 21-33-ASC, Adult Day Program Infection Control Guidance (supersedes PIN 20-33-ASC and PIN 21-21-ASC) (July 27, 2021) (Ex. SEC-24-004); California Department of Social Services, Community Care Licensing Division, PIN 21-44-ASC, Adult and Senior Care Facility Worker COVID-19 Vaccination Requirement (Sept. 28, 2021) (Ex. SEC-24-005); Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008); and 2 more) and 167 federal instruments (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); 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); 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); 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 Social Assistance industry, as the Library records them: adult day and senior-center programs (AD; Ex. SEC-24-004, Ex. SEC-24-005, Ex. SEC-24-008, Ex. SEC-24-002); developmental-disability day and residential programs (DD; Ex. SEC-24-004, Ex. SEC-24-005, Ex. SEC-24-008); family, youth and counseling services (FS; Ex. SEC-24-010); food banks, meals and shelters (FD; Ex. SEC-24-002, Ex. SEC-24-010); client transportation (TR; Ex. SEC-24-002); payers and licensing (PY; Ex. SEC-24-004, Ex. SEC-24-005, Ex. SEC-24-008, Ex. SEC-24-002 and 1 more); hiring, screening, training and credentialing (HR; Ex. SEC-24-004, Ex. SEC-24-005); office, administration and telework (OP; Ex. SEC-24-008, Ex. SEC-24-010); workforce availability (WF; Ex. SEC-24-004, Ex. SEC-24-005); clients and funders (CB; Ex. SEC-24-004, Ex. SEC-24-002, Ex. SEC-24-010).

Step three, the change compelled. California Department of Social Services, Community Care Licensing Division, PIN 21-33-ASC, Adult Day Program Infection Control Guidance (supersedes PIN 20-33-ASC and PIN 21-21-ASC) (July 27, 2021) (Ex. SEC-24-004) ordered: "Pursuant to the State Public Health Officer Order of July 26, 2021, all facilities must [verify the vaccination status of all workers]... providers shall provide all unvaccinated or incompletely vaccinated workers with [respirators]... [each unvaccinated or incompletely vaccinated] facility staff…" Enforcement: Licensing; the SPHO order is enforceable under Health & Safety Code ss. 120125, 120140, 131080, 120130(c), 120135, 120145, 120175 and 120195 California Department of Social Services, Community Care Licensing Division, PIN 21-44-ASC, Adult and Senior Care Facility Worker COVID-19 Vaccination Requirement (Sept. 28, 2021) (Ex. SEC-24-005) ordered: "PIN 21-44-ASC notifies all Adult and Senior Care (ASC) licensees of the COVID-19 [vaccination requirement in the State Public] Health Officer Order of September 28, 2021.... Pursuant to the State Public Health Officer Order of September 28, 2021, all workers [in adult and senior care facilities must…" Enforcement: Licensing; the SPHO order's health-code penalties Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008) ordered: "This appendix was developed as a standalone appendix to be utilized by the state during emergency situations. It should be used by the state to advise CMS of expected changes to its waiver operations or to request amendment to its approved waiver.... This appendix may be completed retroactively, as…" Enforcement: Conditions of federal financial participation under the approved waiver 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. PIN 21-33-ASC, Adult Day Program Infection Control Guidance (supersedes PIN 20-33-ASC and… (Ex. SEC-24-004) was in force from Aug. 9, 2021 to Sept. 30, 2021, 53 of the quarter's 92 days; PIN 21-44-ASC, Adult and Senior Care Facility Worker COVID-19 Vaccination Requirement (Ex. SEC-24-005) was in force from Sept. 28, 2021 to Sept. 30, 2021, 3 of the quarter's 92 days; 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance… (Ex. SEC-24-008) was in force from Mar. 1, 2020 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 5 instruments in the quarter's record, 2 were in force on its first day, 5 on its last day and 2 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 Social Assistance 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 Social Assistance and Community Services

The Service's letters and examination reports rest on fourteen grounds. Each is answered below from the statute's text, from Tri-State, from the instruments with their exhibit identifiers, and from the United States' own representations. None survives the record.

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: Ground 1. "There were no government orders related to COVID-19 in effect during the quarter."

Our records indicate there were no government orders related to COVID-19 in effect during the quarter(s) you claimed ERC which could have fully or partially suspended your trade or business.

For every quarter, the six-quarters section lists the orders in force on the quarter's first and last day, by issuer, date and terms, with exhibit identifiers, and the State, metro and federal tables on this page tabulate them. For the third quarter of 2021 alone the list runs to the OSHA standard on every adult day health center, intermediate care facility and group home with nursing services, QSO-21-14 and the vaccine-offering condition on every intermediate care facility, Appendix K in every State, HUD Notice CPD-21-08 on every ESG-CV shelter from July 19, the conveyance order on every van, New Jersey's reopening directives and Executive Order 252, the shelter and congregate-program face-covering orders of eight States, airborne-transmission controls kept on those settings after the public was released, and the vaccination and testing mandates naming adult day, group-home, congregate-setting and shelter workers in California, New Mexico, New Jersey, Illinois, Rhode Island, Delaware, Maryland, New York, Connecticut, Washington, Oregon, the District of Columbia, New York City, Denver, Los Angeles County, Marin County and Philadelphia. A form sentence that no orders were in effect is not the "case-by-case" determination the United States described to the District Court, and the National Taxpayer Advocate has reported that the letters carrying it were issued without examination. The sentence describes a quarter that did not occur, and the Service's records, whatever they contain, do not contain the Federal Register, the Ohio Director's orders or the New Jersey Department of Health's directives.

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Sentence 2: Ground 2. "The employer operated an essential business and remained open."

The employer operated an essential business and remained open.

The word "essential" is not in the statute. The essential-services designations that named "residential settings and shelters for adults, seniors, children, and/or people with developmental disabilities," food banks and human-services field offices permitted those operations to continue; they exempted no adult day center from the closure orders, no group home from the visitation bans, no shelter from the non-congregate sheltering and face-covering orders, and no waiver-funded service from Appendix K. Illinois's own order proves the point: the same section that named residential settings and shelters essential closed every congregate day program in the State. The Notice itself provides that an employer so designated "may be considered to have a partial suspension of operations if, under the facts and circumstances, more than a nominal portion of its business operations are suspended by a governmental order," and the United States told the District Court that an employer "could be considered to have a partial suspension due to the governmental order if it was required to suspend certain operations for certain purposes." A group home that "remained open" as a residence while its visitation, communal dining, group activities, day programming and staffing were fixed by order was partially suspended by that order; the designation was a permission to operate under the orders, not an exemption from them.

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Sentence 3: Ground 3. "Stay-at-home orders directed to the public are not considered; only orders directed at business operations count."

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

The statute says nothing of the source or addressee of the order; it asks whether the order limited "commerce, travel, or group meetings." The Notice's own list of qualifying orders includes "A State's emergency proclamation that residents must shelter in place" and "An order from a local official imposing a curfew on residents," both addressed to the public, and the United States quoted that list to the District Court as the statute's meaning and told the Ninth Circuit that a business "may be suspended 'due to' a government order addressing a third party." The orders that reached this industry were, moreover, directed at its operations in terms: "All facilities that conduct adult day services or other senior citizen centers are hereby closed"; "all public-facing businesses that encourage public congregation," including "community and recreation centers," "shall cease all in-person operations"; "Adult Day Support or Vocational Habilitation Services in a Congregate Setting" closed "until this Order is amended or rescinded"; "Senior centers, adult day centers and senior congregate nutrition programs may reopen" at 30 percent; "adult day care facility staff must either provide evidence of COVID-19 vaccination, or undergo regular testing." The position rewrites the statute and misdescribes the orders.

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Sentence 4: Ground 4. "The employer could have continued comparable operations through telework."

The employer could have continued comparable operations through telework.

"Comparable operations" and "telework" are not in the statute; Tri-State defines a partial suspension as a temporary delay, interruption or termination of a portion of the business, and a day center whose participants were sent home by order has had its congregate portion terminated for the duration of the order. The Notice's own words confirm it. Q&A-15 provides that where "the closure of the workplace causes the employer to suspend business operations for certain purposes, but not others, it may be considered to have a partial suspension of operations due to the governmental order," and its Example 2 treats a physical therapy practice that "moves to an online format" but whose "workplace, including access to physical therapy equipment, is central to its operations," as partially suspended; Q&A-16 provides that where the physical work space is so critical that central tasks cannot be performed remotely "this factor alone indicates that the employer is not able to continue comparable operations"; Q&A-17 provides that a compelled modification with more than a nominal effect is a partial suspension. Adult day care, day habilitation, congregate meals, sheltered work, residential care, food distribution and shelter cannot be performed by telephone; they are the physical therapy practice of Example 2 and the laboratory of Example 3. A case manager who telephoned a family instead of visiting, a job coach who telephoned instead of standing beside a worker on a production line, and a day-habilitation aide who delivered a remote activity under Appendix K continued the portion of the operation the orders left them; the congregate portion, which is the industry, was terminated. The comparable-operations sentence with which Q&A-15 opens is not in the statute, has no force of law by the United States' own account, and is not applied here. The position substitutes a word Congress did not write for the one it did.

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Sentence 5: Ground 5. "The orders affected the employer's customers, not the employer (Q&A-13)."

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

Q&A-13 addresses an employer that suspends operations because of "a reduction in demand." The exclusion in the form the Service now applies, reaching every employer and any "reduction in demand," first appeared on March 1, 2021; as posted April 29, 2020, FAQ 32 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 its customers' orders. This analysis relies on no reduction in demand. It relies on orders that closed the industry's centers by name, barred visitors from its residences, converted its meals by statute, rewrote its payment and grant terms, closed the courts in which it appears and the manufacturers whose contracts it fills, and confined the volunteers who staff its pantries, and it treats those orders as orders limiting commerce, travel and group meetings under the statute's text, Q&A-12's logic and the United States' admission that a third-party order counts. A stay-at-home order on the older adults and adults with disabilities whom this industry serves is itself an order limiting commerce, and the commerce it limited was this industry's. Q&A-13 describes an employer that "responds to the lack of demand by suspending some or all of its operations." This analysis describes no response to demand; it describes orders that closed the buildings, and where Q&A-13 would exclude an order confining the people served it adds to the statute words the United States has represented have no force of law. The Service's invocation of Q&A-13 against an industry whose premises were closed by name misdescribes both the orders and the industry.

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Sentence 6: Ground 6. "The employer's measures were voluntary (Q&A-14)."

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

A senior center closed because the Governor of Iowa proclaimed that "[a]ll facilities that conduct adult day services or other senior citizen centers are hereby closed," a group home that barred visitors because the Governor of New Hampshire ordered that residential care facilities "shall prohibit visitor access," a day-habilitation program that delivered services in participants' homes because its Appendix K amendment fixed that term, a shelter that moved residents into hotels because a county health officer ordered non-congregate sheltering, and an adult day center that tested its unvaccinated staff weekly because PIN 21-33-ASC required it are not voluntary. Q&A-14 describes an employer that closes without any order; every modification described here is traced to an order with an exhibit identifier. Where an employer adopted a nationwide policy to comply with the orders of the jurisdictions that bound it, Q&A-20 makes it eligible "with respect to all of its operations in all locations." Tri-State held on the same argument that the changes an order compelled "were not voluntary." A modification traced to an order with an exhibit identifier is not voluntary, and the position that it was describes an employer that appears nowhere on this page.

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 that "chooses not to" continue and is "not being ordered to do so." No employer in this industry answered that description in any of the six quarters. The reopening orders permitted a program to operate only on conditions with the force of law, "only to the extent that the establishment complies" in Iowa, "so long as all safety standards are met" in Ohio, in "full compliance with this PIN" in California, under the protocols of Executive Directive 21-007 in New Jersey. Standing law commanded the same conduct independently: Texas's Health and Safety Code § 81.002 ("Each person shall act responsibly to prevent and control communicable disease") and Labor Code § 411.103, Ohio's R.C. 3701.352 and 3701.81(C), New Jersey's N.J.A.C. 8:57-1.11, New York's Labor Law § 200, California's Labor Code § 6400, Florida Statutes § 381.00315, Iowa Code § 88.4(1), Virginia Code § 40.1-51.1(A) and, over every private employer, the general duty clause, enforced by citation from September 2020. The legislatures of Texas, Florida and Iowa then fixed the standard of care as compliance with governmental standards, guidance and protocols. The safe-workplace statutes had no COVID-19 content until the health authorities said what a safe congregate setting 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, and the causation here runs from the command to the measure without an intervening choice. 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. A statute that commands conduct is an order from an appropriate governmental authority, and the statute says nothing of the source of the command. The Service's premise under Q&A-14, that no command reached the employer, fails wherever one did, and in this industry one reached every employer on every day of the period.

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Sentence 7: Ground 7. "The portion of the business affected was not more than nominal (the 10 percent figure applied as a floor)."

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

The ten percent figure is, in the United States' words, "not determinative," "[e]ffectively ... a safe harbor," "isn't an eligibility requirement," "a quintessential safe harbor," "a safe harbor rather than a hard floor"; the District Court held it "is not an exclusionary cut-off point"; and Tri-State held that the Notice "provides a method for the test to be met not as a requirement to meet the test" and that reading it as a requirement "would read requirements into the statute that do not exist." The showing for this industry exceeds the safe harbor many times over on its own terms: a closed adult day center earns no unit; a day-habilitation program delivering services in participants' homes under Appendix K has terminated its congregate operation entirely; a group home that barred visitors and cancelled group activities has interrupted the portion of its operation that its residents' families and its activity staff performed; a sheltered workshop whose customer plants were closed has no production; a congregate-meal program converted to home delivery has replaced its dining room with a route. The figure did not exist when the second quarter of 2020 closed: no percentage appeared in the Service's FAQs of April 29, 2020 or June 19, 2020, and the deeming rules first appeared on March 1, 2021. The position applies as a floor a figure the United States has told two federal courts is not one.

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Sentence 8: Ground 8. "The required modifications (masks, gloves, spacing, screening) had only a nominal effect (Q&A-18)."

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

The modifications described here are closure, capped occupancy, barred visitation, cancelled communal dining and group activities, converted meals, remote delivery under Appendix K, non-congregate sheltering, weekly testing, vaccination verification, medical removal and the reopening protocols of licensing directives, and the face-covering orders of July through September 2021 are treated as what they are: workplace infection-prevention and exposure-control orders from appropriate governmental authorities, enforced by penalty, that conditioned every congregate program and shelter in the States that issued them. Q&A-18 itself lists face-covering requirements among the modifications "required by a governmental order as a condition of reopening a physical space for business or service to the public" and provides that a modification "that results in a reduction in an employer's ability to provide goods or services in the normal course of the employer's business of not less than 10 percent will be deemed to have more than a nominal effect," and the United States told the District Court that "employees having to wear face masks may impact business operations." The categorical sentence that mask and glove requirements "will not result in more than a nominal effect" first appeared in the Notice released March 1, 2021; it did not exist in any quarter of 2020 to which the Service applies it, and the FAQs as posted April 29, 2020 provided without qualification that a workplace closed "for certain purposes, but ... open for other purposes ... would be considered to be partially suspended." Tri-State held that "the required protocols and procedures to comply with the Proclamation" were suspensions the order caused and refused the argument that they were nominal. A senior center at 30 percent of fire occupancy is not a modification with a nominal effect; it is a seventy-percent closure. An adult day program whose unvaccinated staff must test weekly and wear respirators, and whose participants must mask indoors, under a licensing notice with a compliance date, operates in a manner the order fixed. The position that such orders had a nominal effect on such a program describes an operation that did not exist in this period; it is factually incorrect.

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Sentence 9: Ground 9. "A declaration of emergency is not an order (Q&A-10)."

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

This analysis relies on no bare declaration as a suspending order. Each instrument in the layers and six-quarters sections limited commerce, travel or group meetings in terms. Where an emergency declaration is cited, it is cited as the instrument under which those orders were issued and continued (the Illinois proclamation renewed every thirty days; New Jersey's State of Emergency and P.L. 2021, c. 103; Massachusetts's chapter 17, § 2A declaration; Delaware's public health emergency of July 12, 2021), or as proof of a period, which the Notice's own text allows. The ground answers an argument this analysis does not make.

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Sentence 10: Ground 10. "The supplier was not itself closed by order; supply-chain effects are too attenuated (AM 2023-005)."

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

Chief Counsel memoranda "may not be used or cited as precedent," by their own legend, which Tri-State quoted in declining to rely on the Chief Counsel memorandum the United States offered there. The suppliers and counterparties of this industry are the State Medicaid agencies whose Appendix K amendments rewrote its payment terms, the courts, schools, hospitals and benefits offices that were closed or converted by order, the manufacturers whose plants were closed by order, and the grocers and food processors whose operations were capped or ordered by the Defense Production Act; each was closed or conditioned by an order with a date and an exhibit identifier, and nothing here is attenuated. The United States told the Ninth Circuit that the supplier rule "never even mentions a 'physical[ ] clos[ure]' order against the supplier," and told the District Court that an employer is eligible where its operations are suspended "because of the supplier's inability to deliver." Causation is but-for on the United States' own agreed definition: absent the order closing the manufacturer, no law cancelled the sheltered workshop's contract; absent the Appendix K amendment, no rule required the day program to rebill its units. The position describes an attenuated chain that appears nowhere on this page; a Medicaid agency's approved waiver amendment is not a supply-chain effect, and a Chief Counsel memorandum that cannot be cited as precedent is not the statute.

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Sentence 11: Ground 11. "The orders had lifted before the quarter began; any effect was a lingering effect."

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

For the third quarter of 2021 the orders had not lifted: the third-quarter inventory above lists, with dates, the orders in force on July 1 and September 30, 2021, and the paragraph that follows it names the expired instruments on which the proof does not rest. Where the position means that a suspension compelled by an order that expired on June 2 (Ohio) or June 15 (New Jersey) ended at midnight, it misreads the clause, which asks whether the operation "is fully or partially suspended during the calendar quarter," and it contradicts Tri-State's definition of a suspension as a "delay," Q&A-22's whole-quarter rule and Q&A-16's transition rule. The interconnected-economy section states the restoration from the orders' own steps: fifteen months closed in New Jersey and then protocols; fourteen and a half months of Director's orders in Ohio; a year closed in Maryland and then directives; ten months at 30 percent in Delaware. The position mistakes the date an order lapsed for the date the suspension it compelled ended; the clause asks about the second.

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Sentence 12: Ground 12. "The employer did not experience the required decline in gross receipts."

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

The gross-receipts prong is not relied on. The statute makes an employer eligible on either prong, and the United States admitted in Tri-State that the gross-receipts test is "another method to qualify," on which the court held "the fact an employer can be eligible and affected without partial or full suspension is reasonable." The suspension prong asks about operations, not revenue, and it is satisfied in every quarter. The ground answers a prong this analysis does not invoke; Congress joined the two prongs with "or."

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Sentence 13: Ground 13. "The instruments relied on are guidance, recommendations or best practices, not orders."

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

Every instrument this page relies on as a suspending order is an order, proclamation, rule, directive, statute, approved waiver amendment, grant notice or administrative order with the force of law, issued under a recited statutory or constitutional power and enforced by penalty, license, contract or the conditions of federal payment. Where a State made a federal guidance document binding by incorporating it into an order, as Louisiana did for QSO-20-39-NH and Washington did for its long-term care guidance, the binding instrument is the order, and it is the order that is cited. Where the Library classifies an agency release or web page as a service announcement rather than an order, this page cites it as context for a closure imposed by other means and never as an order. The Notice itself provides that whether an instrument is a governmental order "is determined without regard to the level of enforcement." An instrument enforced by fine, licensure, contract clause or the withholding of federal financial participation is not a recommendation, and the position that it is misdescribes every instrument this page names.

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Sentence 14: Ground 14. "'Order' must be given its ordinary meaning."

'Order' must be given its ordinary meaning.

Agreed. An "order" is "An authoritative indication to be obeyed; a command or direction," and the United States agreed in Tri-State that the clause is read by "plain meaning." Every instrument in the findings below is a command from a competent authority to do or refrain from doing something on pain of sanction: to close, to reopen at 30 percent, to bar visitors, to test staff, to deliver services in the home, to house residents in hotels, to verify vaccination. That is the ordinary meaning, and it is satisfied.

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

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

10. Exhibit list

Every instrument cited in this report, by exhibit identifier: 373 records, of which The COVID Project holds the document for 361. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-FED-HEALTH-OTHER-086	Press release of Mar. 16, 2020: 'Effective March 17, 2020, Social Security Offices Will Only Offer Phone Service'	Social Security Administration (Andrew Saul, Commissioner; press release by Mark Hinkle, Acting Press Officer)	Mar. 16, 2020	Social Security Administration (Andrew Saul, Commissioner; press release by Mark Hinkle, Acting Press Officer), Press release of Mar. 16, 2020: 'Effective March 17, 2020, Social Security Offices Will Only Offer Phone Service' (Ex. AGY-FED-HEALTH-OTHER-086)	/library/AGY-FED-HEALTH-OTHER-086	/exhibit/AGY-FED-HEALTH-OTHER-086
Ex. AGY-ST-HEALTH-SUBORDERS-031	Executive Directive No. 20-034	Judith Persichilli, Commissioner of Health	Dec. 2, 2020	Judith Persichilli, Commissioner of Health, Executive Directive No. 20-034 (Dec. 2, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-031)	/library/AGY-ST-HEALTH-SUBORDERS-031	/exhibit/AGY-ST-HEALTH-SUBORDERS-031
Ex. AGY-ST-HEALTH-SUBORDERS-046	Emergency Secretary's Order amending 16 DE Admin. Code 4402 Regulations for Adult Day Care Facilities, Section 16.0 (25 DE Reg. 341 (Oct. 1, 2021))	Molly K. Magarik, Cabinet Secretary, DHSS	Sept. 10, 2021	Molly K. Magarik, Cabinet Secretary, DHSS, Emergency Secretary's Order amending 16 DE Admin. Code 4402 Regulations for Adult Day Care Facilities, Section 16.0 (25 DE Reg. 341 (Oct. 1, 2021)) (Sept. 10, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-046)	/library/AGY-ST-HEALTH-SUBORDERS-046	/exhibit/AGY-ST-HEALTH-SUBORDERS-046
Ex. AGY-ST-HEALTH-SUBORDERS-077	Emergency Rule 59AER20-7, Mandatory Testing for Intermediate Care Facility for the Developmentally Disabled Staff	Agency for Health Care Administration	Aug. 3, 2020	Agency for Health Care Administration, Emergency Rule 59AER20-7, Mandatory Testing for Intermediate Care Facility for the Developmentally Disabled Staff (Aug. 3, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-077)	/library/AGY-ST-HEALTH-SUBORDERS-077	/exhibit/AGY-ST-HEALTH-SUBORDERS-077
Ex. AGY-ST-HEALTH-SUBORDERS-106	Emergency Order Under MCL 333.2253 - Temporary Restrictions on Entry into Congregate Care and Juvenile Justice Facilities	Robert Gordon, Director, MDHHS	Oct. 6, 2020	Robert Gordon, Director, MDHHS, Emergency Order Under MCL 333.2253 - Temporary Restrictions on Entry into Congregate Care and Juvenile Justice Facilities (Oct. 6, 2020) (Ex. AGY-ST-HEALTH-SUBORDERS-106)	/library/AGY-ST-HEALTH-SUBORDERS-106	/exhibit/AGY-ST-HEALTH-SUBORDERS-106
Ex. AGY-ST-HEALTH-SUBORDERS-120	Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-8	Margret R. Cooke, Acting Commissioner of Public Health	Sept. 15, 2021	Margret R. Cooke, Acting Commissioner of Public Health, Order of the Commissioner of Public Health, COVID-19 Public Health Emergency Order No. 2021-8 (Sept. 15, 2021) (Ex. AGY-ST-HEALTH-SUBORDERS-120)	/library/AGY-ST-HEALTH-SUBORDERS-120	/exhibit/AGY-ST-HEALTH-SUBORDERS-120
Ex. AK-016	COVID-19 Health Mandate 014 (Non-Congregate Sheltering Order)	Governor Dunleavy; Commissioner Crum; Dr. Zink	Apr. 13, 2020	Governor Dunleavy; Commissioner Crum; Dr. Zink, COVID-19 Health Mandate 014 (Non-Congregate Sheltering Order) (Apr. 13, 2020) (Ex. AK-016)	/library/AK-016	/exhibit/AK-016
Ex. AL-005	Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (Applicable Statewide)	State Health Officer Scott Harris	Mar. 19, 2020	State Health Officer Scott Harris, Order of the State Health Officer Suspending Certain Public Gatherings Due to Risk of Infection by COVID-19 (Applicable Statewide) (Mar. 19, 2020) (Ex. AL-005)	/library/AL-005	/exhibit/AL-005
Ex. AL-016	Emergency Order of the State Health Officer: Non-Congregate Sheltering	State Health Officer Scott Harris	Apr. 16, 2020	State Health Officer Scott Harris, Emergency Order of the State Health Officer: Non-Congregate Sheltering (Apr. 16, 2020) (Ex. AL-016)	/library/AL-016	/exhibit/AL-016
Ex. AZ-040	Executive Order 2021-09	Governor Douglas A. Ducey	Apr. 19, 2021	Governor Douglas A. Ducey, Executive Order 2021-09 (Apr. 19, 2021) (Ex. AZ-040)	/library/AZ-040	/exhibit/AZ-040
Ex. CA-030	State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement)	State Public Health Officer Tomas J. Aragon	Aug. 5, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of August 5, 2021 (Health Care Worker Vaccine Requirement) (Aug. 5, 2021) (Ex. CA-030)	/library/CA-030	/exhibit/CA-030
Ex. CA-031	State Public Health Officer Order of July 26, 2021 (Health Care Worker Protections in High-Risk Settings; Unvaccinated Workers in High-Risk Settings)	State Public Health Officer Tomas J. Aragon	July 26, 2021	State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of July 26, 2021 (Health Care Worker Protections in High-Risk Settings; Unvaccinated Workers in High-Risk Settings) (Ex. CA-031)	/library/CA-031	/exhibit/CA-031
Ex. CA-035	Guidance for the Use of Face Coverings (July 28, 2021)	California Department of Public Health	July 28, 2021	California Department of Public Health, Guidance for the Use of Face Coverings (July 28, 2021) (Ex. CA-035)	/library/CA-035	/exhibit/CA-035
Ex. CO-041	Fourth Amended Public Health Order 20-38 Limited COVID-19 Restrictions, § I.B (existing library exhibit; cross-reference)	Jill Hunsaker Ryan, Executive Director, CDPHE	June 30, 2021	Jill Hunsaker Ryan, Executive Director, CDPHE, Fourth Amended Public Health Order 20-38 Limited COVID-19 Restrictions, § I.B (existing library exhibit; cross-reference) (June 30, 2021) (Ex. CO-041)	/library/CO-041	/exhibit/CO-041
Ex. CO-042	Seventh Amended Public Health Order 20-20	CDPHE, Executive Director Jill Hunsaker Ryan	May 31, 2021	CDPHE, Executive Director Jill Hunsaker Ryan, Seventh Amended Public Health Order 20-20 (May 31, 2021) (Ex. CO-042)	/library/CO-042	/exhibit/CO-042
Ex. CO-053	Fifth Amended Public Health Order 20-38	CDPHE, Executive Director Jill Hunsaker Ryan	July 30, 2021	CDPHE, Executive Director Jill Hunsaker Ryan, Fifth Amended Public Health Order 20-38 (July 30, 2021) (Ex. CO-053)	/library/CO-053	/exhibit/CO-053
Ex. CO-054	Seventh Amended Public Health Order 20-38	CDPHE, Executive Director Jill Hunsaker Ryan	Sept. 30, 2021	CDPHE, Executive Director Jill Hunsaker Ryan, Seventh Amended Public Health Order 20-38 (Sept. 30, 2021) (Ex. CO-054)	/library/CO-054	/exhibit/CO-054
Ex. CO-091	Sixth Amended Public Health Order 20-38	CDPHE, Executive Director Jill Hunsaker Ryan	Aug. 31, 2021	CDPHE, Executive Director Jill Hunsaker Ryan, Sixth Amended Public Health Order 20-38 (Aug. 31, 2021) (Ex. CO-091)	/library/CO-091	/exhibit/CO-091
Ex. CO-092	Eighth Amended Public Health Order 20-20	CDPHE, Executive Director Jill Hunsaker Ryan	Sept. 27, 2021	CDPHE, Executive Director Jill Hunsaker Ryan, Eighth Amended Public Health Order 20-20 (Sept. 27, 2021) (Ex. CO-092)	/library/CO-092	/exhibit/CO-092
Ex. CT-051	Executive Order No. 13B	Acting Governor Susan Bysiewicz	Aug. 6, 2021	Acting Governor Susan Bysiewicz, Executive Order No. 13B (Aug. 6, 2021) (Ex. CT-051)	/library/CT-051	/exhibit/CT-051
Ex. DE-028	Twenty-Fourth Modification of the Declaration of a State of Emergency	Governor John C. Carney	July 24, 2020	Governor John C. Carney, Twenty-Fourth Modification of the Declaration of a State of Emergency (July 24, 2020) (Ex. DE-028)	/library/DE-028	/exhibit/DE-028
Ex. DE-061	Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), § 11.0 Infection Control (25 Del. Reg. 27 (July 1…	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality)	June 25, 2021	Molly K. Magarik, Cabinet Secretary, Department of Health and Social Services (Division of Health Care Quality), Emergency Secretary's Order amending 16 DE Admin. Code 4406, Home Health Agencies--Aide Only (Licensure), § 11.0 Infection Control (25 Del. Reg. 27 (July 1, 2021)) (June 25, 2021) (Ex. DE-061)	/library/DE-061	/exhibit/DE-061
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. ECO-B-002	29 C.F.R. part 826, Paid Leave Under the FFCRA, 85 Fed. Reg. 19326 (Apr. 6, 2020), as revised 85 Fed. Reg. 57677 (Sept. 16, 2020); FAB 2020-1; WHD Q&A	Department of Labor, Wage and Hour Division	Apr. 1, 2020	Department of Labor, Wage and Hour Division, 29 C.F.R. part 826, Paid Leave Under the FFCRA, 85 Fed. Reg. 19326 (Apr. 6, 2020), as revised 85 Fed. Reg. 57677 (Sept. 16, 2020); FAB 2020-1; WHD Q&A (Apr. 1, 2020) (Ex. ECO-B-002)	/library/ECO-B-002	/exhibit/ECO-B-002
Ex. ECO-B-051	Executive Order 2021-585	Governor Andy Beshear	Aug. 10, 2021	Governor Andy Beshear, Executive Order 2021-585 (Aug. 10, 2021) (Ex. ECO-B-051)	/library/ECO-B-051	/exhibit/ECO-B-051
Ex. ECO-B-137	'Vaccine or Test' requirement for Commonwealth employees in health care and high-risk congregate facilities, announced August 10, 2021, effective September 7…	Governor Tom Wolf	Aug. 10, 2021	Governor Tom Wolf, 'Vaccine or Test' requirement for Commonwealth employees in health care and high-risk congregate facilities, announced August 10, 2021, effective September 7, 2021 (Aug. 10, 2021) (Ex. ECO-B-137)	/library/ECO-B-137
Ex. ECO-B-141	Vaccination requirement for state employees in congregate settings (correctional facilities, veterans' homes, developmental centers) announced August 4, 2021…	Governor JB Pritzker	Aug. 4, 2021	Governor JB Pritzker, Vaccination requirement for state employees in congregate settings (correctional facilities, veterans' homes, developmental centers) announced August 4, 2021, effective October 1, 2021 (Aug. 4, 2021) (Ex. ECO-B-141)	/library/ECO-B-141
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-002	Notice of February 24, 2021	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)	/library/FED-002	/exhibit/FED-002
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-011	Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)	Alex M. Azar II, Secretary of HHS	Apr. 21, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)	/library/FED-011	/exhibit/FED-011
Ex. FED-012	Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)	Alex M. Azar II, Secretary of HHS	July 23, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)	/library/FED-012	/exhibit/FED-012
Ex. FED-013	Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)	Alex M. Azar II, Secretary of HHS	Oct. 2, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)	/library/FED-013	/exhibit/FED-013
Ex. FED-014	Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)	Alex M. Azar II, Secretary of HHS	Jan. 7, 2021	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)	/library/FED-014	/exhibit/FED-014
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-022	CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)	Sept. 1, 2020	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)	/library/FED-022	/exhibit/FED-022
Ex. FED-023	CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)	Centers for Disease Control and Prevention, HHS	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)	/library/FED-023	/exhibit/FED-023
Ex. FED-024	CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)	Centers for Disease Control and Prevention, HHS	Mar. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)	/library/FED-024	/exhibit/FED-024
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-027	CDC No Sail Order and Suspension of Further Embarkation	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 14, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	/library/FED-027	/exhibit/FED-027
Ex. FED-028	No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)	Centers for Disease Control and Prevention, HHS	Apr. 9, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	/library/FED-028	/exhibit/FED-028
Ex. FED-029	No Sail Order; Second Modification and Extension (July 16, 2020)	Centers for Disease Control and Prevention, HHS	July 16, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)	/library/FED-029	/exhibit/FED-029
Ex. FED-030	No Sail Order; Third Modification and Extension (Sept. 30, 2020)	Centers for Disease Control and Prevention, HHS	Sept. 30, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	/library/FED-030	/exhibit/FED-030
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-036	Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)	Centers for Disease Control and Prevention, HHS	May 19, 2020	Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)	/library/FED-036	/exhibit/FED-036
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-039	Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…	Centers for Disease Control and Prevention, HHS	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)	/library/FED-039	/exhibit/FED-039
Ex. FED-040	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom	Centers for Disease Control and Prevention, HHS	Dec. 25, 2020	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)	/library/FED-040	/exhibit/FED-040
Ex. FED-041	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…	Centers for Disease Control and Prevention, HHS	Jan. 12, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)	/library/FED-041	/exhibit/FED-041
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-048	Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…	Centers for Disease Control and Prevention, HHS	Sept. 11, 2020	Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)	/library/FED-048	/exhibit/FED-048
Ex. FED-050	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)	Jan. 31, 2021	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	/library/FED-050	/exhibit/FED-050
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-055	Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	/library/FED-055	/exhibit/FED-055
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-061	Executive Order 13998	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	/library/FED-061	/exhibit/FED-061
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-066	Executive Order 13945	President Donald J. Trump	Aug. 8, 2020	President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)	/library/FED-066	/exhibit/FED-066
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-073	Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)	President Donald J. Trump	Apr. 28, 2020	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	/library/FED-073	/exhibit/FED-073
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-075	Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use	Federal Emergency Management Agency, DHS	Apr. 7, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)	/library/FED-075	/exhibit/FED-075
Ex. FED-076	Notification of Exemptions to the PPE allocation rule	Federal Emergency Management Agency, DHS	Apr. 17, 2020	Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)	/library/FED-076	/exhibit/FED-076
Ex. FED-077	Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)	Federal Emergency Management Agency, DHS	Aug. 10, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)	/library/FED-077	/exhibit/FED-077
Ex. FED-078	Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)	Federal Emergency Management Agency, DHS	Dec. 31, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)	/library/FED-078	/exhibit/FED-078
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-088	Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)	OSHA, U.S. Department of Labor	Mar. 9, 2020	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	/library/FED-088	/exhibit/FED-088
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-091	CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)	Centers for Medicare & Medicaid Services, HHS	May 1, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	/library/FED-091	/exhibit/FED-091
Ex. FED-092	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	Centers for Medicare & Medicaid Services, HHS	Sept. 2, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	/library/FED-092	/exhibit/FED-092
Ex. FED-093	CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)	Nov. 2, 2020	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	/library/FED-093	/exhibit/FED-093
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-097	QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 13, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	/library/FED-097	/exhibit/FED-097
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-154	QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)	CMS, Quality, Safety & Oversight Group	Sept. 17, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	/library/FED-154	/exhibit/FED-154
Ex. FED-155	QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19	CMS, Quality, Safety & Oversight Group	Mar. 10, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	/library/FED-155	/exhibit/FED-155
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-157	QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)	CMS, Quality, Safety & Oversight Group	May 18, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	/library/FED-157	/exhibit/FED-157
Ex. FED-158	CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…	Centers for Medicare & Medicaid Services, HHS	Apr. 7, 2020	Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)	/library/FED-158	/exhibit/FED-158
Ex. FED-159	CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)	Centers for Medicare & Medicaid Services, HHS	Apr. 19, 2020	Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)	/library/FED-159	/exhibit/FED-159
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-164	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)	/library/FED-164	/exhibit/FED-164
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-170	Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…	Congress (Pub. L. 116-127); approved by the President	Mar. 18, 2020	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	/library/FED-170	/exhibit/FED-170
Ex. FED-171	Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826	Wage and Hour Division, U.S. Department of Labor	Apr. 1, 2020	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	/library/FED-171	/exhibit/FED-171
Ex. FED-172	Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)	Wage and Hour Division, U.S. Department of Labor	Sept. 11, 2020	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	/library/FED-172	/exhibit/FED-172
Ex. FED-173	Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…	Congress (Pub. L. 116-260)	Dec. 27, 2020	Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)	/library/FED-173	/exhibit/FED-173
Ex. FED-174	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…	Congress (Pub. L. 117-2); approved by the President	Mar. 11, 2021	Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)	/library/FED-174	/exhibit/FED-174
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-185	Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)	Dec. 11, 2020	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	/library/FED-185	/exhibit/FED-185
Ex. FED-186	Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)	Food and Drug Administration, HHS	Dec. 18, 2020	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	/library/FED-186	/exhibit/FED-186
Ex. FED-187	Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)	Food and Drug Administration, HHS	Feb. 27, 2021	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	/library/FED-187	/exhibit/FED-187
Ex. FED-190	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)	/library/FED-190	/exhibit/FED-190
Ex. FED-191	30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)	The President and the White House Coronavirus Task Force	Mar. 31, 2020	The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)	/library/FED-191	/exhibit/FED-191
Ex. FED-192	Guidelines for Opening Up America Again (Apr. 16, 2020)	The President and the White House Coronavirus Task Force	Apr. 16, 2020	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	/library/FED-192	/exhibit/FED-192
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-202	Proclamation 9993	President Donald J. Trump	Mar. 11, 2020	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	/library/FED-202	/exhibit/FED-202
Ex. FED-203	Proclamation 9996	President Donald J. Trump	Mar. 14, 2020	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	/library/FED-203	/exhibit/FED-203
Ex. FED-204	Proclamation 10041	President Donald J. Trump	May 24, 2020	President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)	/library/FED-204	/exhibit/FED-204
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-210	Proclamation 10014	President Donald J. Trump	Apr. 22, 2020	President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)	/library/FED-210	/exhibit/FED-210
Ex. FED-211	Proclamation 10052	President Donald J. Trump	June 22, 2020	President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)	/library/FED-211	/exhibit/FED-211
Ex. FED-212	Proclamation 10054	President Donald J. Trump	June 29, 2020	President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)	/library/FED-212	/exhibit/FED-212
Ex. FED-213	Proclamation 10131	President Donald J. Trump	Dec. 31, 2020	President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)	/library/FED-213	/exhibit/FED-213
Ex. FED-214	Proclamation 10149	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)	/library/FED-214	/exhibit/FED-214
Ex. FED-216	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection	Mar. 24, 2020	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)	/library/FED-216	/exhibit/FED-216
Ex. FED-217	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)	/library/FED-217	/exhibit/FED-217
Ex. FED-219	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)	/library/FED-219	/exhibit/FED-219
Ex. FED-222	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)	/library/FED-222	/exhibit/FED-222
Ex. FED-225	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)	/library/FED-225	/exhibit/FED-225
Ex. FED-226	Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)	/library/FED-226	/exhibit/FED-226
Ex. FED-229	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)	/library/FED-229	/exhibit/FED-229
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-239	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…	DHS (Acting Secretary Chad F. Wolf), with CBP	Mar. 24, 2020	DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)	/library/FED-239	/exhibit/FED-239
Ex. FED-240	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)	/library/FED-240	/exhibit/FED-240
Ex. FED-242	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)	/library/FED-242	/exhibit/FED-242
Ex. FED-245	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)	/library/FED-245	/exhibit/FED-245
Ex. FED-248	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)	/library/FED-248	/exhibit/FED-248
Ex. FED-249	Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)	/library/FED-249	/exhibit/FED-249
Ex. FED-252	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)	/library/FED-252	/exhibit/FED-252
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-264	OMB Memorandum M-20-16	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 17, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)	/library/FED-264	/exhibit/FED-264
Ex. FED-266	OMB Memorandum M-20-18	Office of Management and Budget (Deputy Director for Management)	Mar. 20, 2020	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	/library/FED-266	/exhibit/FED-266
Ex. FED-268	OMB/OPM Memorandum M-20-23	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)	Apr. 20, 2020	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	/library/FED-268	/exhibit/FED-268
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-279	Order of March 16, 2020 (COVID-19 building access)	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)	Mar. 16, 2020	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)	/library/FED-279	/exhibit/FED-279
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-281	Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019	Deputy Secretary of Defense David L. Norquist	Mar. 13, 2020	Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)	/library/FED-281	/exhibit/FED-281
Ex. FED-282	Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions	Secretary of Defense Mark T. Esper	Apr. 20, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)	/library/FED-282	/exhibit/FED-282
Ex. FED-283	Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…	Secretary of Defense Mark T. Esper	May 22, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)	/library/FED-283	/exhibit/FED-283
Ex. FED-284	Order of the Chief Judge No. 20-042	Chief Judge Virginia A. Phillips	Mar. 19, 2020	Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)	/library/FED-284	/exhibit/FED-284
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-286	General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)	Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)	/library/FED-286	/exhibit/FED-286
Ex. FED-288	General Order 2020-8	Chief Judge Philip A. Brimmer	May 6, 2020	Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)	/library/FED-288	/exhibit/FED-288
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-291	Press release of March 16, 2020 (postponement of the March 2020 argument session)	Supreme Court of the United States (Public Information Office)	Mar. 16, 2020	Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)	/library/FED-291	/exhibit/FED-291
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	/library/FED-292	/exhibit/FED-292
Ex. FED-293	Press release of April 3, 2020 (postponement of the April 2020 argument session)	Supreme Court of the United States (Public Information Office)	Apr. 3, 2020	Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)	/library/FED-293	/exhibit/FED-293
Ex. FED-294	Press release of April 13, 2020 (telephone arguments in May 2020)	Supreme Court of the United States (Public Information Office)	Apr. 13, 2020	Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)	/library/FED-294	/exhibit/FED-294
Ex. FED-295	Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020	Mar. 29, 2020	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)	/library/FED-295	/exhibit/FED-295
Ex. FED-296	Tenth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Feb. 12, 2021	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	/library/FED-296	/exhibit/FED-296
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-303	Standing Order 20-17	Chief Judge Freda L. Wolfson	Nov. 25, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	/library/FED-303	/exhibit/FED-303
Ex. FED-304	Third Extension of Standing Order 20-12	Chief Judge Freda L. Wolfson	Dec. 17, 2020	Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)	/library/FED-304	/exhibit/FED-304
Ex. FED-305	Standing Order 21-02	Chief Judge Freda L. Wolfson	Mar. 17, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	/library/FED-305	/exhibit/FED-305
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-310	Second Amended Standing Order 2020-02	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)	/library/FED-310	/exhibit/FED-310
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-312	Standing Order 2020-05	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)	/library/FED-312	/exhibit/FED-312
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-316	Fourth Amendment to General Order 20-01	Chief Judge Thomas W. Thrash, Jr.	July 31, 2020	Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)	/library/FED-316	/exhibit/FED-316
Ex. FED-317	General Order 72	Chief Judge Phyllis J. Hamilton	Mar. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)	/library/FED-317	/exhibit/FED-317
Ex. FED-318	General Order 72-2	Chief Judge Phyllis J. Hamilton	Apr. 30, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)	/library/FED-318	/exhibit/FED-318
Ex. FED-319	Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…	U.S. Department of State, Bureau of Consular Affairs	Mar. 26, 2020	U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)	/library/FED-319
Ex. FED-320	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services	Apr. 20, 2020	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)	/library/FED-320	/exhibit/FED-320
Ex. FED-321	Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)	U.S. Department of Homeland Security, USCIS	May 14, 2020	U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)	/library/FED-321	/exhibit/FED-321
Ex. FED-322	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…	DHS, USCIS	Aug. 20, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)	/library/FED-322	/exhibit/FED-322
Ex. FED-323	Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…	DHS, USCIS	Dec. 18, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)	/library/FED-323	/exhibit/FED-323
Ex. FED-324	USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020	U.S. Citizenship and Immigration Services	Mar. 17, 2020	U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)	/library/FED-324	/exhibit/FED-324
Ex. FED-325	USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4	U.S. Citizenship and Immigration Services	May 27, 2020	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	/library/FED-325	/exhibit/FED-325
Ex. FED-327	Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)	U.S. Department of State, Bureau of Consular Affairs	Mar. 20, 2020	U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)	/library/FED-327	/exhibit/FED-327
Ex. FED-328	Phased Resumption of Routine Visa Services (announcement of July 14, 2020)	U.S. Department of State, Bureau of Consular Affairs	July 14, 2020	U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)	/library/FED-328	/exhibit/FED-328
Ex. FED-331	General Order 72-4	Chief Judge Phyllis J. Hamilton	June 24, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)	/library/FED-331	/exhibit/FED-331
Ex. FED-332	General Order 72-5	Chief Judge Phyllis J. Hamilton	July 23, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)	/library/FED-332	/exhibit/FED-332
Ex. FED-333	General Order 72-6	Chief Judge Phyllis J. Hamilton	Sept. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	/library/FED-333	/exhibit/FED-333
Ex. FED-334	General Order 73 (Amended May 21, 2020)	Chief Judge Phyllis J. Hamilton	May 21, 2020	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	/library/FED-334	/exhibit/FED-334
Ex. FED-336	General Order 77	Chief Judge Phyllis J. Hamilton	June 9, 2020	Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)	/library/FED-336	/exhibit/FED-336
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-338	General Order 20-0012 (original)	Chief Judge Rebecca R. Pallmeyer	Mar. 12, 2020	Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)	/library/FED-338	/exhibit/FED-338
Ex. FED-339	Eighth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Nov. 13, 2020	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	/library/FED-339	/exhibit/FED-339
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-343	Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…	Bureau of Consumer Financial Protection	June 30, 2020	Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)	/library/FED-343	/exhibit/FED-343
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-346	FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac	Mar. 18, 2020	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)	/library/FED-346	/exhibit/FED-346
Ex. FED-348	FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)	Federal Housing Finance Agency	June 17, 2020	Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)	/library/FED-348	/exhibit/FED-348
Ex. FED-349	FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)	Federal Housing Finance Agency	Aug. 27, 2020	Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)	/library/FED-349	/exhibit/FED-349
Ex. FED-350	FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)	Federal Housing Finance Agency	Dec. 2, 2020	Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)	/library/FED-350	/exhibit/FED-350
Ex. FED-353	FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…	Federal Housing Finance Agency	Feb. 25, 2021	Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)	/library/FED-353	/exhibit/FED-353
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-356	Mortgagee Letter 2020-04	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)	Mar. 18, 2020	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)	/library/FED-356	/exhibit/FED-356
Ex. FED-359	Mortgagee Letter 2020-19	HUD, Federal Housing Administration	June 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)	/library/FED-359
Ex. FED-360	Mortgagee Letter 2020-27	HUD, Federal Housing Administration	Aug. 27, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)	/library/FED-360	/exhibit/FED-360
Ex. FED-361	Mortgagee Letter 2020-43	HUD, Federal Housing Administration	Dec. 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)	/library/FED-361	/exhibit/FED-361
Ex. FED-362	Mortgagee Letter 2021-03	HUD, Federal Housing Administration	Jan. 21, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)	/library/FED-362	/exhibit/FED-362
Ex. FED-363	Mortgagee Letter 2021-05	HUD, Federal Housing Administration	Feb. 16, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)	/library/FED-363	/exhibit/FED-363
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-368	Circular 26-20-8	VA, Loan Guaranty Service	Mar. 18, 2020	VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)	/library/FED-368	/exhibit/FED-368
Ex. FED-369	Circular 26-20-12	VA, Loan Guaranty Service	Apr. 8, 2020	VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)	/library/FED-369	/exhibit/FED-369
Ex. FED-371	Circular 26-20-22	VA, Loan Guaranty Service	June 17, 2020	VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)	/library/FED-371	/exhibit/FED-371
Ex. FED-372	Circular 26-20-23	VA, Loan Guaranty Service	June 18, 2020	VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)	/library/FED-372	/exhibit/FED-372
Ex. FED-373	Circular 26-20-29	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)	/library/FED-373	/exhibit/FED-373
Ex. FED-374	Circular 26-20-30	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)	/library/FED-374	/exhibit/FED-374
Ex. FED-375	Circular 26-20-40	VA, Loan Guaranty Service	Dec. 28, 2020	VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)	/library/FED-375	/exhibit/FED-375
Ex. FED-376	Circular 26-21-2	VA, Loan Guaranty Service	Jan. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)	/library/FED-376	/exhibit/FED-376
Ex. FED-377	Circular 26-21-5	VA, Loan Guaranty Service	Feb. 16, 2021	VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)	/library/FED-377
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-382	USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…	USDA Rural Development	Dec. 28, 2020	USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)	/library/FED-382
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-386	Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…	Secretary of the Interior David L. Bernhardt	Mar. 22, 2020	Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)	/library/FED-386	/exhibit/FED-386
Ex. FED-387	NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…	Secretary of the Interior David L. Bernhardt; National Park Service	Mar. 18, 2020	Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)	/library/FED-387	/exhibit/FED-387
Ex. FED-389	BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon	Bureau of Land Management, Oregon/Washington State Office and District Managers	Mar. 27, 2020	Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)	/library/FED-389	/exhibit/FED-389
Ex. FED-390	Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors	Bureau of Reclamation	Mar. 17, 2020	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	/library/FED-390	/exhibit/FED-390
Ex. FED-391	USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only	U.S. Department of Agriculture, Farm Production and Conservation mission area	Mar. 23, 2020	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	/library/FED-391
Ex. FED-393	USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…	U.S. Army Corps of Engineers Headquarters and district commanders	Mar. 17, 2020	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	/library/FED-393
Ex. FED-396	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)	/library/FED-396	/exhibit/FED-396
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. FL-004	DEM Order No. 20-006	Division of Emergency Management, Director Jared Moskowitz as State Coordinating Officer	Mar. 15, 2020	Division of Emergency Management, Director Jared Moskowitz as State Coordinating Officer, DEM Order No. 20-006 (Mar. 15, 2020) (Ex. FL-004)	/library/FL-004	/exhibit/FL-004
Ex. FL-028	DEM Order No. 20-007	Division of Emergency Management, Director Jared Moskowitz as State Coordinating Officer	May 18, 2020	Division of Emergency Management, Director Jared Moskowitz as State Coordinating Officer, DEM Order No. 20-007 (May 18, 2020) (Ex. FL-028)	/library/FL-028	/exhibit/FL-028
Ex. FL-044	DEM Order No. 20-009	Division of Emergency Management, Director Jared Moskowitz as State Coordinating Officer	Sept. 1, 2020	Division of Emergency Management, Director Jared Moskowitz as State Coordinating Officer, DEM Order No. 20-009 (Sept. 1, 2020) (Ex. FL-044)	/library/FL-044	/exhibit/FL-044
Ex. FL-049	DEM Order No. 20-011	Division of Emergency Management, Director Jared Moskowitz as State Coordinating Officer	Oct. 22, 2020	Division of Emergency Management, Director Jared Moskowitz as State Coordinating Officer, DEM Order No. 20-011 (Oct. 22, 2020) (Ex. FL-049)	/library/FL-049	/exhibit/FL-049
Ex. FL-055	DEM Order No. 21-001	Division of Emergency Management, Director Jared Moskowitz as State Coordinating Officer	Mar. 22, 2021	Division of Emergency Management, Director Jared Moskowitz as State Coordinating Officer, DEM Order No. 21-001 (Mar. 22, 2021) (Ex. FL-055)	/library/FL-055	/exhibit/FL-055
Ex. IA-002	Proclamation of Disaster Emergency (Mar. 17, 2020)	Governor Kim Reynolds	Mar. 17, 2020	Governor Kim Reynolds, Proclamation of Disaster Emergency (Mar. 17, 2020) (Ex. IA-002)	/library/IA-002	/exhibit/IA-002
Ex. IA-018	Proclamation of Disaster Emergency (capacity limits lifted; distancing mandates retained)	Governor Kim Reynolds	June 10, 2020	Governor Kim Reynolds, Proclamation of Disaster Emergency (capacity limits lifted; distancing mandates retained) (June 10, 2020) (Ex. IA-018)	/library/IA-018	/exhibit/IA-018
Ex. IL-042	Executive Order 2021-20 (COVID-19 Executive Order No. 87)	Governor JB Pritzker	Aug. 26, 2021	Governor 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. IL-043	Executive Order 2021-22 (COVID-19 Executive Order No. 88)	Governor JB Pritzker	Sept. 3, 2021	Governor JB Pritzker, Executive Order 2021-22 (COVID-19 Executive Order No. 88) (Sept. 3, 2021) (Ex. IL-043)	/library/IL-043	/exhibit/IL-043
Ex. IN-046	Executive Order 20-48	Governor Eric J. Holcomb	Nov. 13, 2020	Governor Eric J. Holcomb, Executive Order 20-48 (Nov. 13, 2020) (Ex. IN-046)	/library/IN-046	/exhibit/IN-046
Ex. IN-048	Executive Order 20-50	Governor Eric J. Holcomb	Dec. 10, 2020	Governor Eric J. Holcomb, Executive Order 20-50 (Dec. 10, 2020) (Ex. IN-048)	/library/IN-048	/exhibit/IN-048
Ex. KS-037	Kansas EO 20-69 (Dec. 9, 2020) and KDHE Secretary's Order (June 18, 2021)	Governor Laura Kelly	Dec. 9, 2020	Governor Laura Kelly, Kansas EO 20-69 (Dec. 9, 2020) and KDHE Secretary's Order (June 18, 2021) (Ex. KS-037)	/library/KS-037	/exhibit/KS-037
Ex. KS-052	KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes	Lee A. Norman, M.D., Secretary of the Kansas Department of Health and Environment and State Health Officer	June 18, 2021	Lee A. Norman, M.D., Secretary of the Kansas Department of Health and Environment and State Health Officer, KDHE Secretary's Order Requiring COVID-19 Testing in Adult Care Homes (June 18, 2021) (Ex. KS-052)	/library/KS-052	/exhibit/KS-052
Ex. LA-049	LDH Emergency Order - Continuation of LDH Notices and Orders due to COVID-19 Outbreak (May 15, 2020)	Louisiana Department of Health; Jimmy Guidry, M.D., State Health Officer; Dr. Courtney N. Phillips, Secretary	May 15, 2020	Louisiana Department of Health; Jimmy Guidry, M.D., State Health Officer; Dr. Courtney N. Phillips, Secretary, LDH Emergency Order - Continuation of LDH Notices and Orders due to COVID-19 Outbreak (May 15, 2020) (Ex. LA-049)	/library/LA-049	/exhibit/LA-049
Ex. LA-050	LDH State Health Officer Order - Nursing Home Visitation; Adult Residential Care Provider Visitation; ICF/DD Visitation	Louisiana Department of Health; Jimmy Guidry, M.D., State Health Officer	Sept. 18, 2020	Louisiana Department of Health; Jimmy Guidry, M.D., State Health Officer, LDH State Health Officer Order - Nursing Home Visitation; Adult Residential Care Provider Visitation; ICF/DD Visitation (Sept. 18, 2020) (Ex. LA-050)	/library/LA-050	/exhibit/LA-050
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. MA-050	Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings	Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor	May 28, 2021	Commissioner of Public Health Monica Bharel, with the approval of the Public Health Council and the Governor, Order of the Commissioner of Public Health Regarding Face Coverings to be Worn in Certain Settings (May 28, 2021) (Ex. MA-050)	/library/MA-050	/exhibit/MA-050
Ex. MA-069	105 CMR 159.000	Department of Public Health (emergency regulation)	Sept. 8, 2021	Department of Public Health (emergency regulation), 105 CMR 159.000 (Sept. 8, 2021) (Ex. MA-069)	/library/MA-069	/exhibit/MA-069
Ex. MD-002	Order of the Governor (Mar. 12, 2020), Prohibiting Large Gatherings and Events and Closing Senior Centers	Governor Lawrence J. Hogan, Jr.	Mar. 12, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor (Mar. 12, 2020), Prohibiting Large Gatherings and Events and Closing Senior Centers (Ex. MD-002)	/library/MD-002	/exhibit/MD-002
Ex. MD-027	Order of the Governor No. 21-03-09-02, Amending and Restating the Order of March 16, 2020 Relating to Various Health Care Matters	Governor Lawrence J. Hogan, Jr.	Mar. 9, 2021	Governor Lawrence J. Hogan, Jr, Order of the Governor No. 21-03-09-02, Amending and Restating the Order of March 16, 2020 Relating to Various Health Care Matters (Mar. 9, 2021) (Ex. MD-027)	/library/MD-027	/exhibit/MD-027
Ex. MD-051	MDH Directive and Order Regulating Certain Businesses and Facilities & General Directives Concerning Limiting the Spread of COVID-19, No. MDH 2021-03-09-01	Dennis R. Schrader, Acting Secretary of Health	Mar. 9, 2021	Dennis R. Schrader, Acting Secretary of Health, MDH Directive and Order Regulating Certain Businesses and Facilities & General Directives Concerning Limiting the Spread of COVID-19, No. MDH 2021-03-09-01 (Ex. MD-051)	/library/MD-051	/exhibit/MD-051
Ex. MD-057	MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-08-05-01 (State congregate facilities: proof of first dose by Sept. 1, 2021 or…	Dennis R. Schrader, Secretary of Health	Aug. 5, 2021	Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-08-05-01 (State congregate facilities: proof of first dose by Sept. 1, 2021 or weekly testing and PPE) (Ex. MD-057)	/library/MD-057	/exhibit/MD-057
Ex. MD-060	MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-09-08-01 (adds section 6, Certain Residential Facilities: assisted living programs…	Dennis R. Schrader, Secretary of Health	Sept. 8, 2021	Dennis R. Schrader, Secretary of Health, MDH Amended Directive and Order Regarding Vaccination Matters, No. MDH 2021-09-08-01 (adds section 6, Certain Residential Facilities: assisted living programs and others) (Ex. MD-060)	/library/MD-060	/exhibit/MD-060
Ex. MD-070	Order of the Governor (Mar. 16, 2020), Relating to Various Health Care Matters	Governor Lawrence J. Hogan, Jr.	Mar. 16, 2020	Governor Lawrence J. Hogan, Jr, Order of the Governor (Mar. 16, 2020), Relating to Various Health Care Matters (Ex. MD-070)	/library/MD-070	/exhibit/MD-070
Ex. MET-CMH-048	Executive Order 2021-01	Andrew J. Ginther, Mayor	Sept. 10, 2021	Andrew J. Ginther, Mayor, Executive Order 2021-01 (Sept. 10, 2021) (Ex. MET-CMH-048)	/library/MET-CMH-048	/exhibit/MET-CMH-048
Ex. MET-DEN-004	Non-Congregate Sheltering Order	Executive Director, DDPHE	Mar. 21, 2020	Executive Director, DDPHE, Non-Congregate Sheltering Order (Mar. 21, 2020) (Ex. MET-DEN-004)	/library/MET-DEN-004	/exhibit/MET-DEN-004
Ex. MET-DEN-023	Public Health Order requiring vaccination of personnel of certain entities	Executive Director, DDPHE (Robert M. McDonald)	Aug. 2, 2021	Executive Director, DDPHE (Robert M. McDonald), Public Health Order requiring vaccination of personnel of certain entities (Aug. 2, 2021) (Ex. MET-DEN-023)	/library/MET-DEN-023	/exhibit/MET-DEN-023
Ex. MET-IND-008	Public Health Order 8-2020 (unnumbered on its face)	MCPHD, Virginia A. Caine, M.D.	May 1, 2020	MCPHD, Virginia A. Caine, M.D, Public Health Order 8-2020 (unnumbered on its face) (May 1, 2020) (Ex. MET-IND-008)	/library/MET-IND-008	/exhibit/MET-IND-008
Ex. MET-LA-023	Health Officer Order: Health Care Worker Vaccination Requirement (Issue Date Aug. 12, 2021; effective 11:59 p.m. Aug. 12, 2021; compliance required by Sept. 30…	County of Los Angeles Health Officer	Aug. 12, 2021	County of Los Angeles Health Officer, Health Officer Order: Health Care Worker Vaccination Requirement (Issue Date Aug. 12, 2021; effective 11:59 p.m. Aug. 12, 2021; compliance required by Sept. 30, 2021) (Ex. MET-LA-023)	/library/MET-LA-023	/exhibit/MET-LA-023
Ex. MET-MIA-001	Miami-Dade County Emergency Order 01-20	County Mayor Carlos A. Gimenez	Mar. 16, 2020	County Mayor Carlos A. Gimenez, Miami-Dade County Emergency Order 01-20 (Mar. 16, 2020) (Ex. MET-MIA-001)	/library/MET-MIA-001	/exhibit/MET-MIA-001
Ex. MET-MIA-006	Miami-Dade County Emergency Order 16-20	County Mayor Carlos A. Gimenez	Mar. 31, 2020	County Mayor Carlos A. Gimenez, Miami-Dade County Emergency Order 16-20 (Mar. 31, 2020) (Ex. MET-MIA-006)	/library/MET-MIA-006	/exhibit/MET-MIA-006
Ex. MET-MSP-003	Emergency Regulation No. 2020-3	Mayor Jacob Frey	Mar. 17, 2020	Mayor Jacob Frey, Emergency Regulation No. 2020-3 (Mar. 17, 2020) (Ex. MET-MSP-003)	/library/MET-MSP-003	/exhibit/MET-MSP-003
Ex. MET-MSP-042	Emergency Executive Order 2021-34	Mayor Melvin Carter III	Aug. 16, 2021	Mayor Melvin Carter III, Emergency Executive Order 2021-34 (Aug. 16, 2021) (Ex. MET-MSP-042)	/library/MET-MSP-042	/exhibit/MET-MSP-042
Ex. MET-MSP-045	Emergency Executive Order 2021-37	Mayor Melvin Carter III	Sept. 27, 2021	Mayor Melvin Carter III, Emergency Executive Order 2021-37 (Sept. 27, 2021) (Ex. MET-MSP-045)	/library/MET-MSP-045	/exhibit/MET-MSP-045
Ex. MET-NYC-017	Emergency Executive Order No. 225	Mayor Bill de Blasio	Aug. 16, 2021	Mayor Bill de Blasio, Emergency Executive Order No. 225 (Aug. 16, 2021) (Ex. MET-NYC-017)	/library/MET-NYC-017	/exhibit/MET-NYC-017
Ex. MET-NYC-018	Emergency Executive Order No. 228	Mayor Bill de Blasio	Aug. 25, 2021	Mayor Bill de Blasio, Emergency Executive Order No. 228 (Aug. 25, 2021) (Ex. MET-NYC-018)	/library/MET-NYC-018	/exhibit/MET-NYC-018
Ex. MET-NYC-036	Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination or Testing for Staff in Residential and Congregate Settings	Commissioner of Health and Mental Hygiene Dave A. Chokshi, M.D.	Aug. 10, 2021	Commissioner of Health and Mental Hygiene Dave A. Chokshi, M.D, Order of the Commissioner of Health and Mental Hygiene to Require COVID-19 Vaccination or Testing for Staff in Residential and Congregate Settings (Aug. 10, 2021) (Ex. MET-NYC-036)	/library/MET-NYC-036	/exhibit/MET-NYC-036
Ex. MET-PHL-021	Emergency Regulation Mandating Vaccines for Healthcare Workers and in Higher Education, Healthcare, and Related Settings	Philadelphia Board of Health (adopted Aug. 12, 2021; Law Department approval and filing Aug. 16, 2021)	Aug. 12, 2021	Philadelphia Board of Health (adopted Aug. 12, 2021; Law Department approval and filing Aug. 16, 2021), Emergency Regulation Mandating Vaccines for Healthcare Workers and in Higher Education, Healthcare, and Related Settings (Aug. 12, 2021) (Ex. MET-PHL-021)	/library/MET-PHL-021	/exhibit/MET-PHL-021
Ex. MI-003	Executive Order 2020-7	Governor Gretchen Whitmer	Mar. 14, 2020	Governor Gretchen Whitmer, Executive Order 2020-7 (Mar. 14, 2020) (Ex. MI-003)	/library/MI-003	/exhibit/MI-003
Ex. MI-051	MDHHS Emergency Order: Requirements for Residential Care Facilities	Michigan Department of Health and Human Services (Director Robert Gordon)	Oct. 6, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order: Requirements for Residential Care Facilities (Oct. 6, 2020) (Ex. MI-051)	/library/MI-051	/exhibit/MI-051
Ex. MI-061	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Robert Gordon)	Dec. 7, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Dec. 7, 2020) (Ex. MI-061)	/library/MI-061	/exhibit/MI-061
Ex. MI-062	MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order	Michigan Department of Health and Human Services (Director Robert Gordon)	Dec. 18, 2020	Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Dec. 18, 2020) (Ex. MI-062)	/library/MI-062	/exhibit/MI-062
Ex. MN-032	Emergency Executive Order 20-99, Implementing a Four Week Dial Back on Certain Activities to Slow the Spread of COVID-19 (Nov. 18, 2020)	Governor Tim Walz	Nov. 18, 2020	Governor Tim Walz, Emergency Executive Order 20-99, Implementing a Four Week Dial Back on Certain Activities to Slow the Spread of COVID-19 (Nov. 18, 2020) (Ex. MN-032)	/library/MN-032	/exhibit/MN-032
Ex. NC-004	Executive Order No. 120	Governor Roy Cooper	Mar. 23, 2020	Governor Roy Cooper, Executive Order No. 120 (Mar. 23, 2020) (Ex. NC-004)	/library/NC-004	/exhibit/NC-004
Ex. NC-030	Executive Order No. 220	Governor Roy Cooper	June 11, 2021	Governor Roy Cooper, Executive Order No. 220 (June 11, 2021) (Ex. NC-030)	/library/NC-030	/exhibit/NC-030
Ex. ND-030	Executive Order 2020-29	Governor Doug Burgum	Apr. 17, 2020	Governor Doug Burgum, Executive Order 2020-29 (Apr. 17, 2020) (Ex. ND-030)	/library/ND-030	/exhibit/ND-030
Ex. NJ-056	New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021)	Governor Philip D. Murphy	Aug. 6, 2021	Governor Philip D. Murphy, New Jersey EO 252 (Aug. 6, 2021) and EO 264 (Sept. 20, 2021) (Ex. NJ-056)	/library/NJ-056	/exhibit/NJ-056
Ex. NJ-081	Executive Directive No. 21-007 (original June 15, 2021; the retrieved text is the revision dated February 17, 2023)	Judith M. Persichilli, Commissioner of Health	June 15, 2021	Judith M. Persichilli, Commissioner of Health, Executive Directive No. 21-007 (original June 15, 2021; the retrieved text is the revision dated February 17, 2023) (Ex. NJ-081)	/library/NJ-081	/exhibit/NJ-081
Ex. NM-068	New Mexico PHO of Aug. 17, 2021 (school workers; hospital and congregate-care workers)	Acting Secretary of Health David R. Scrase, M.D.	Aug. 17, 2021	Acting Secretary of Health David R. Scrase, M.D, New Mexico PHO of Aug. 17, 2021 (school workers; hospital and congregate-care workers) (Ex. NM-068)	/library/NM-068	/exhibit/NM-068
Ex. NM-071	Amended Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and Requiring Congregate Care Facility Workers…	Acting Secretary of Health David R. Scrase, M.D.	Sept. 15, 2021	Acting Secretary of Health David R. Scrase, M.D, Amended Public Health Emergency Order Requiring All School Workers Comply with Certain Health Requirements and Requiring Congregate Care Facility Workers, Hospital Workers, and Employees of the Office of the Governor Be Fully Vaccinated (Sept. 15, 2021) (Ex. NM-071)	/library/NM-071	/exhibit/NM-071
Ex. NY-071	10 NYCRR 2.61 (Prevention of COVID-19 Transmission by Covered Entities), emergency rule I.D. No. HLT-37-21-00003-E, Filing No. 946, filed and effective Aug. 26…	New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 15, 2021, Vol. XLIII, Issue 37)	Aug. 26, 2021	New York State Department of Health / Public Health and Health Planning Council (New York State Register, Sept. 15, 2021, Vol. XLIII, Issue 37), 10 NYCRR 2.61 (Prevention of COVID-19 Transmission by Covered Entities), emergency rule I.D. No. HLT-37-21-00003-E, Filing No. 946, filed and effective Aug. 26, 2021 (Ex. NY-071)	/library/NY-071	/exhibit/NY-071
Ex. NY-073	Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.60	Commissioner of Health Howard A. Zucker, M.D., J.D.	Aug. 27, 2021	Commissioner of Health Howard A. Zucker, M.D., J.D, Commissioner's Determination on Indoor Masking Pursuant to 10 NYCRR 2.60 (Aug. 27, 2021) (Ex. NY-073)	/library/NY-073	/exhibit/NY-073
Ex. OH-019	Director's Stay Safe Ohio Order	Amy Acton, MD, MPH, Director, Ohio Department of Health	Apr. 30, 2020	Amy Acton, MD, MPH, Director, Ohio Department of Health, Director's Stay Safe Ohio Order (Apr. 30, 2020) (Ex. OH-019)	/library/OH-019	/exhibit/OH-019
Ex. OH-050	Director's Order Rescinding Various Orders (signed June 1, 2021; effective June 2, 2021)	Stephanie McCloud, Director, Ohio Department of Health	June 1, 2021	Stephanie McCloud, Director, Ohio Department of Health, Director's Order Rescinding Various Orders (signed June 1, 2021; effective June 2, 2021) (Ex. OH-050)	/library/OH-050	/exhibit/OH-050
Ex. OH-053	Director's Orders of March 21, 2020 closing older adult day care services and senior centers, prohibiting adult day support and vocational habilitation services…	Amy Acton, MD, MPH, Director, Ohio Department of Health	Mar. 21, 2020	Amy Acton, MD, MPH, Director, Ohio Department of Health, Director's Orders of March 21, 2020 closing older adult day care services and senior centers, prohibiting adult day support and vocational habilitation services in congregate settings, and closing family entertainment centers and internet cafes (Mar. 21, 2020) (Ex. OH-053)	/library/OH-053
Ex. OH-101	Director's Order on the Opening of Adult Day Care Services and Senior Centers	Lance Himes, Interim Director, Ohio Department of Health	Aug. 31, 2020	Lance Himes, Interim Director, Ohio Department of Health, Director's Order on the Opening of Adult Day Care Services and Senior Centers (Aug. 31, 2020) (Ex. OH-101)	/library/OH-101	/exhibit/OH-101
Ex. OR-046	OAR 333-019-1010 (PH 34-2021)	Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 34-2021)	Aug. 5, 2021	Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 34-2021), OAR 333-019-1010 (PH 34-2021) (Aug. 5, 2021) (Ex. OR-046)	/library/OR-046	/exhibit/OR-046
Ex. PA-081	Press release: Gov. Wolf Puts Statewide COVID-19 Mitigation Efforts in Effect, Stresses Need for Every Pennsylvanian to Take Action to Stop the Spread	Governor Tom Wolf (Office of the Governor press release)	Mar. 16, 2020	Governor Tom Wolf (Office of the Governor press release), Press release: Gov. Wolf Puts Statewide COVID-19 Mitigation Efforts in Effect, Stresses Need for Every Pennsylvanian to Take Action to Stop the Spread (Mar. 16, 2020) (Ex. PA-081)	/library/PA-081	/exhibit/PA-081
Ex. RI-072	216-RICR-20-15-8 (emergency regulation)	Rhode Island Department of Health	Aug. 17, 2021	Rhode Island Department of Health, 216-RICR-20-15-8 (emergency regulation) (Aug. 17, 2021) (Ex. RI-072)	/library/RI-072	/exhibit/RI-072
Ex. SEC-04-013	QSO-20-23-ICF/IID & PRTF	Centers for Medicare & Medicaid Services	Mar. 30, 2020	Centers for Medicare & Medicaid Services, QSO-20-23-ICF/IID & PRTF (Mar. 30, 2020) (Ex. SEC-04-013)	/library/SEC-04-013	/exhibit/SEC-04-013
Ex. SEC-04-014	29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard)	Occupational Safety and Health Administration, Department of Labor	June 21, 2021	Occupational Safety and Health Administration, Department of Labor, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (COVID-19 Healthcare Emergency Temporary Standard) (June 21, 2021) (Ex. SEC-04-014)	/library/SEC-04-014	/exhibit/SEC-04-014
Ex. SEC-04-016	QSO-21-14-ICF/IID & PRTF (REVISED 06/03/2021)	Centers for Medicare & Medicaid Services	Feb. 10, 2021	Centers for Medicare & Medicaid Services, QSO-21-14-ICF/IID & PRTF (REVISED 06/03/2021) (Feb. 10, 2021) (Ex. SEC-04-016)	/library/SEC-04-016	/exhibit/SEC-04-016
Ex. SEC-04-030	Executive Order No. 252	Governor Philip D. Murphy	Aug. 6, 2021	Governor Philip D. Murphy, Executive Order No. 252 (Aug. 6, 2021) (Ex. SEC-04-030)	/library/SEC-04-030	/exhibit/SEC-04-030
Ex. SEC-04-032	Proclamation 21-14	Governor Jay Inslee	Aug. 9, 2021	Governor Jay Inslee, Proclamation 21-14 (Aug. 9, 2021) (Ex. SEC-04-032)	/library/SEC-04-032	/exhibit/SEC-04-032
Ex. SEC-04-051	Executive Order No. 13F	Governor Ned Lamont	Sept. 3, 2021	Governor Ned Lamont, Executive Order No. 13F (Sept. 3, 2021) (Ex. SEC-04-051)	/library/SEC-04-051	/exhibit/SEC-04-051
Ex. SEC-04-052	Executive Order No. 13D	Governor Ned Lamont	Aug. 19, 2021	Governor Ned Lamont, Executive Order No. 13D (Aug. 19, 2021) (Ex. SEC-04-052)	/library/SEC-04-052	/exhibit/SEC-04-052
Ex. SEC-04-053	216-RICR-20-15-8 (emergency regulation adopted Aug. 17, 2021; amended Feb. 10, 2022)	Rhode Island Department of Health	Aug. 17, 2021	Rhode Island Department of Health, 216-RICR-20-15-8 (emergency regulation adopted Aug. 17, 2021; amended Feb. 10, 2022) (Ex. SEC-04-053)	/library/SEC-04-053	/exhibit/SEC-04-053
Ex. SEC-04-059	Mayor's Order 2021-099	Mayor Muriel Bowser	Aug. 10, 2021	Mayor Muriel Bowser, Mayor's Order 2021-099 (Aug. 10, 2021) (Ex. SEC-04-059)	/library/SEC-04-059	/exhibit/SEC-04-059
Ex. SEC-04-061	Proclamation 21-14.1	Governor Jay Inslee	Aug. 20, 2021	Governor Jay Inslee, Proclamation 21-14.1 (Aug. 20, 2021) (Ex. SEC-04-061)	/library/SEC-04-061	/exhibit/SEC-04-061
Ex. SEC-04-078	Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing…	Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living	Mar. 6, 2020	Centers for Medicare & Medicaid Services (approval) on the application of the Pennsylvania Department of Human Services, Office of Long-Term Living, Appendix K: Emergency Preparedness and Response and COVID-19 Addendum to the Community HealthChoices and OBRA 1915(c) waivers (combined; final amendment fixing the end date) (Mar. 6, 2020) (Ex. SEC-04-078)	/library/SEC-04-078	/exhibit/SEC-04-078
Ex. SEC-15-074	Proclamation Number 137 JBE 2021	Governor John Bel Edwards	Aug. 2, 2021	Governor John Bel Edwards, Proclamation Number 137 JBE 2021 (Aug. 2, 2021) (Ex. SEC-15-074)	/library/SEC-15-074	/exhibit/SEC-15-074
Ex. SEC-16-043	Executive Order 2021-585	Governor Andy Beshear	Aug. 10, 2021	Governor Andy Beshear, Executive Order 2021-585 (Aug. 10, 2021) (Ex. SEC-16-043)	/library/SEC-16-043	/exhibit/SEC-16-043
Ex. SEC-24-001	Memorandum, Availability of Waivers of Community Planning and Development Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and…	Department of Housing and Urban Development, Office of Community Planning and Development (John Gibbs, Acting Assistant Secretary)	Mar. 31, 2020	Department of Housing and Urban Development, Office of Community Planning and Development (John Gibbs, Acting Assistant Secretary), Memorandum, Availability of Waivers of Community Planning and Development Grant Program and Consolidated Plan Requirements to Prevent the Spread of COVID-19 and Mitigate Economic Impacts Caused by COVID-19 (Mar. 31, 2020) (Ex. SEC-24-001)	/library/SEC-24-001	/exhibit/SEC-24-001
Ex. SEC-24-002	CARES Act s. 3222 (Nutrition Services) and s. 3223 (Continuity of Service... Under Title V of the Older Americans Act)	Congress (Pub. L. 116-136)	Mar. 27, 2020	Congress (Pub. L. 116-136), CARES Act s. 3222 (Nutrition Services) and s. 3223 (Continuity of Service... Under Title V of the Older Americans Act) (Mar. 27, 2020) (Ex. SEC-24-002)	/library/SEC-24-002	/exhibit/SEC-24-002
Ex. SEC-24-003	Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with Addenda A-F)	California Department of Social Services, Community Care Licensing Division, Adult and Senior Care Program	Sept. 30, 2020	California Department of Social Services, Community Care Licensing Division, Adult and Senior Care Program, Provider Information Notice (PIN) 20-33-ASC, Adult Day Programs COVID-19 Guidelines (with Addenda A-F) (Sept. 30, 2020) (Ex. SEC-24-003)	/library/SEC-24-003	/exhibit/SEC-24-003
Ex. SEC-24-004	PIN 21-33-ASC, Adult Day Program Infection Control Guidance (supersedes PIN 20-33-ASC and PIN 21-21-ASC)	California Department of Social Services, Community Care Licensing Division	July 27, 2021	California Department of Social Services, Community Care Licensing Division, PIN 21-33-ASC, Adult Day Program Infection Control Guidance (supersedes PIN 20-33-ASC and PIN 21-21-ASC) (July 27, 2021) (Ex. SEC-24-004)	/library/SEC-24-004	/exhibit/SEC-24-004
Ex. SEC-24-005	PIN 21-44-ASC, Adult and Senior Care Facility Worker COVID-19 Vaccination Requirement	California Department of Social Services, Community Care Licensing Division	Sept. 28, 2021	California Department of Social Services, Community Care Licensing Division, PIN 21-44-ASC, Adult and Senior Care Facility Worker COVID-19 Vaccination Requirement (Sept. 28, 2021) (Ex. SEC-24-005)	/library/SEC-24-005	/exhibit/SEC-24-005
Ex. SEC-24-006	PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing, Modification of Visitation Guidelines, Need for Infection Prevention and…	California Department of Social Services, Community Care Licensing Division	June 26, 2020	California Department of Social Services, Community Care Licensing Division, PIN 20-23-ASC, Updated Guidance on COVID-19 Related to the Critical Role of Testing, Modification of Visitation Guidelines, Need for Infection Prevention and Control, and Use of Face Coverings in Adult and Senior Care Facilities (June 26, 2020) (Ex. SEC-24-006)	/library/SEC-24-006	/exhibit/SEC-24-006
Ex. SEC-24-007	PIN 20-08-ASC, Statewide Waivers for Licensing Requirements Due to Coronavirus 2019 (COVID-19)	California Department of Social Services, Community Care Licensing Division	Mar. 18, 2020	California Department of Social Services, Community Care Licensing Division, PIN 20-08-ASC, Statewide Waivers for Licensing Requirements Due to Coronavirus 2019 (COVID-19) (Mar. 18, 2020) (Ex. SEC-24-007)	/library/SEC-24-007	/exhibit/SEC-24-007
Ex. SEC-24-008	1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response	Centers for Medicare & Medicaid Services	Mar. 1, 2020	Centers for Medicare & Medicaid Services, 1915(c) Home and Community-Based Services Waiver Instructions and Technical Guidance, Appendix K: Emergency Preparedness and Response (Mar. 1, 2020) (Ex. SEC-24-008)	/library/SEC-24-008	/exhibit/SEC-24-008
Ex. SEC-24-009	Governor's COVID-19 Update of March 21, 2020 (announcing the Director's Orders closing older adult day care services and senior centers and prohibiting adult…	Governor Mike DeWine (COVID-19 Update of March 21, 2020, announcing the Director of Health's orders)	Mar. 21, 2020	Governor Mike DeWine (COVID-19 Update of March 21, 2020, announcing the Director of Health's orders), Governor's COVID-19 Update of March 21, 2020 (announcing the Director's Orders closing older adult day care services and senior centers and prohibiting adult day support and vocational habilitation services in congregate settings) (Mar. 21, 2020) (Ex. SEC-24-009)	/library/SEC-24-009
Ex. SEC-24-010	Notice CPD-21-08, Waivers and Alternative Requirements for the Emergency Solutions Grants (ESG) Program Under the CARES Act	Department of Housing and Urban Development, Office of Community Planning and Development	July 19, 2021	Department of Housing and Urban Development, Office of Community Planning and Development, Notice CPD-21-08, Waivers and Alternative Requirements for the Emergency Solutions Grants (ESG) Program Under the CARES Act (July 19, 2021) (Ex. SEC-24-010)	/library/SEC-24-010	/exhibit/SEC-24-010
Ex. SEC-24-011	Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency	Governor Tim Walz (Emergency Executive Order, approved by the Executive Council)	Mar. 20, 2020	Governor Tim Walz (Emergency Executive Order, approved by the Executive Council), Emergency Executive Order 20-12, Preserving Access to Human Services Programs During the COVID-19 Peacetime Emergency (Mar. 20, 2020) (Ex. SEC-24-011)	/library/SEC-24-011	/exhibit/SEC-24-011
Ex. SEC-24-GM-001	Organizer notice	American Network of Community Options and Resources (ANCOR), the national association of community providers serving people with intellectual and developmental disabilities	Mar. 17, 2020	American Network of Community Options and Resources (ANCOR), the national association of community providers serving people with intellectual and developmental disabilities, Organizer notice (Mar. 17, 2020) (Ex. SEC-24-GM-001)	/library/SEC-24-GM-001	/exhibit/SEC-24-GM-001
Ex. SEC-24-GM-002	Organizer notice	American Network of Community Options and Resources (ANCOR), the national association of community providers serving people with intellectual and developmental disabilities	Mar. 17, 2020	American Network of Community Options and Resources (ANCOR), the national association of community providers serving people with intellectual and developmental disabilities, Organizer notice (Mar. 17, 2020) (Ex. SEC-24-GM-002)	/library/SEC-24-GM-002	/exhibit/SEC-24-GM-002
Ex. SEC-24-GM-003	Organizer notice	American Network of Community Options and Resources (ANCOR), the national association of community providers serving people with intellectual and developmental disabilities	Mar. 17, 2020	American Network of Community Options and Resources (ANCOR), the national association of community providers serving people with intellectual and developmental disabilities, Organizer notice (Mar. 17, 2020) (Ex. SEC-24-GM-003)	/library/SEC-24-GM-003	/exhibit/SEC-24-GM-003
Ex. SEC-24-GM-004	Organizer notice	APSE, the national association for supported and customized employment of people with disabilities	May 30, 2020	APSE, the national association for supported and customized employment of people with disabilities, Organizer notice (May 30, 2020) (Ex. SEC-24-GM-004)	/library/SEC-24-GM-004	/exhibit/SEC-24-GM-004
Ex. SEC-24-GM-005	Organizer notice	APSE, the national association for supported and customized employment of people with disabilities	May 30, 2020	APSE, the national association for supported and customized employment of people with disabilities, Organizer notice (May 30, 2020) (Ex. SEC-24-GM-005)	/library/SEC-24-GM-005	/exhibit/SEC-24-GM-005
Ex. SEC-24-GM-006	Organizer notice	Child Welfare League of America	Mar. 25, 2020	Child Welfare League of America, Organizer notice (Mar. 25, 2020) (Ex. SEC-24-GM-006)	/library/SEC-24-GM-006	/exhibit/SEC-24-GM-006
Ex. SEC-24-GM-007	Organizer notice	Meals on Wheels America (the national network of senior nutrition programs)	Aug. 31, 2020	Meals on Wheels America (the national network of senior nutrition programs), Organizer notice (Aug. 31, 2020) (Ex. SEC-24-GM-007)	/library/SEC-24-GM-007	/exhibit/SEC-24-GM-007
Ex. SEC-24-GM-008	Organizer notice	Meals on Wheels America	Aug. 11, 2021	Meals on Wheels America, Organizer notice (Aug. 11, 2021) (Ex. SEC-24-GM-008)	/library/SEC-24-GM-008	/exhibit/SEC-24-GM-008
Ex. SEC-24-GM-009	Organizer notice	Catholic Charities USA, the national office of the diocesan Catholic Charities agencies (family services, shelters, food programs, refugee and senior services)	Dec. 1, 2021	Catholic Charities USA, the national office of the diocesan Catholic Charities agencies (family services, shelters, food programs, refugee and senior services), Organizer notice (Dec. 1, 2021) (Ex. SEC-24-GM-009)	/library/SEC-24-GM-009	/exhibit/SEC-24-GM-009
Ex. SEC-24-GM-010	Organizer notice	National Council on Independent Living (centers for independent living and disability-rights organizations)	Sept. 1, 2020	National Council on Independent Living (centers for independent living and disability-rights organizations), Organizer notice (Sept. 1, 2020) (Ex. SEC-24-GM-010)	/library/SEC-24-GM-010	/exhibit/SEC-24-GM-010
Ex. SEC-24-GM-011	Organizer notice	Points of Light	Apr. 15, 2020	Points of Light, Organizer notice (Apr. 15, 2020) (Ex. SEC-24-GM-011)	/library/SEC-24-GM-011	/exhibit/SEC-24-GM-011
Ex. SEC-24-GM-012	Organizer notice	American Association on Intellectual and Developmental Disabilities	June 21, 2021	American Association on Intellectual and Developmental Disabilities, Organizer notice (June 21, 2021) (Ex. SEC-24-GM-012)	/library/SEC-24-GM-012	/exhibit/SEC-24-GM-012
Ex. SEC-24-GM-013	Organizer notice	National Alliance for Direct Support Professionals	July 30, 2020	National Alliance for Direct Support Professionals, Organizer notice (July 30, 2020) (Ex. SEC-24-GM-013)	/library/SEC-24-GM-013	/exhibit/SEC-24-GM-013
Ex. SEC-24-GM-014	Organizer notice	National Alliance for Direct Support Professionals	July 30, 2020	National Alliance for Direct Support Professionals, Organizer notice (July 30, 2020) (Ex. SEC-24-GM-014)	/library/SEC-24-GM-014	/exhibit/SEC-24-GM-014
Ex. SEC-24-GM-015	Organizer notice	Best Buddies International (one-to-one friendship, integrated employment and inclusive living for people with intellectual and developmental disabilities)	Mar. 16, 2020	Best Buddies International (one-to-one friendship, integrated employment and inclusive living for people with intellectual and developmental disabilities), Organizer notice (Mar. 16, 2020) (Ex. SEC-24-GM-015)	/library/SEC-24-GM-015	/exhibit/SEC-24-GM-015
Ex. SEC-24-GM-016	Organizer notice	ANCOR	June 14, 2021	ANCOR, Organizer notice (June 14, 2021) (Ex. SEC-24-GM-016)	/library/SEC-24-GM-016	/exhibit/SEC-24-GM-016
Ex. SEC-24-GM-017	Organizer notice	Alliance for Strong Families and Communities and the Council on Accreditation (now Social Current), the network and accreditor of family- and community-service nonprofits	Apr. 10, 2020	Alliance for Strong Families and Communities and the Council on Accreditation (now Social Current), the network and accreditor of family- and community-service nonprofits, Organizer notice (Apr. 10, 2020) (Ex. SEC-24-GM-017)	/library/SEC-24-GM-017	/exhibit/SEC-24-GM-017
Ex. SEC-24-GM-018	Organizer notice	Alliance for Strong Families and Communities and the Council on Accreditation (now Social Current), the network and accreditor of family- and community-service nonprofits	Apr. 10, 2020	Alliance for Strong Families and Communities and the Council on Accreditation (now Social Current), the network and accreditor of family- and community-service nonprofits, Organizer notice (Apr. 10, 2020) (Ex. SEC-24-GM-018)	/library/SEC-24-GM-018	/exhibit/SEC-24-GM-018
Ex. SEC-24-GM-019	Organizer notice	National Council on Independent Living (centers for independent living and disability-rights organizations)	July 19, 2021	National Council on Independent Living (centers for independent living and disability-rights organizations), Organizer notice (July 19, 2021) (Ex. SEC-24-GM-019)	/library/SEC-24-GM-019	/exhibit/SEC-24-GM-019
Ex. SEC-24-GM-020	Organizer notice	The Arc of the United States (chapters providing day, residential, employment and advocacy services to people with intellectual and developmental disabilities)	Nov. 11, 2019	The Arc of the United States (chapters providing day, residential, employment and advocacy services to people with intellectual and developmental disabilities), Organizer notice (Nov. 11, 2019) (Ex. SEC-24-GM-020)	/library/SEC-24-GM-020	/exhibit/SEC-24-GM-020
Ex. SEC-24-GM-021	Organizer notice	The Arc of the United States (chapters providing day, residential, employment and advocacy services to people with intellectual and developmental disabilities)	Oct. 1, 2021	The Arc of the United States (chapters providing day, residential, employment and advocacy services to people with intellectual and developmental disabilities), Organizer notice (Oct. 1, 2021) (Ex. SEC-24-GM-021)	/library/SEC-24-GM-021	/exhibit/SEC-24-GM-021
Ex. TN-024	Executive Order No. 63	Governor Bill Lee	Sept. 29, 2020	Governor Bill Lee, Executive Order No. 63 (Sept. 29, 2020) (Ex. TN-024)	/library/TN-024	/exhibit/TN-024
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004
Ex. VT-095	Governor's release, Governor Phil Scott Announces Easing of Restrictions for Older and Vulnerable Vermonters	Office of Governor Phil Scott (official release); VDH and DAIL guidance under Amended and Restated EO 01-20 § 2	June 17, 2020	Office of Governor Phil Scott (official release); VDH and DAIL guidance under Amended and Restated EO 01-20 § 2, Governor's release, Governor Phil Scott Announces Easing of Restrictions for Older and Vulnerable Vermonters (June 17, 2020) (Ex. VT-095)	/library/VT-095	/exhibit/VT-095
Ex. WA-043	Proclamation 20-66	Governor Jay Inslee	Aug. 7, 2020	Governor Jay Inslee, Proclamation 20-66 (Aug. 7, 2020) (Ex. WA-043)	/library/WA-043	/exhibit/WA-043

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=24&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.