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The COVID Project

Eligibility report

Governmental Orders Record and Eligibility Analysis

Veterinary and Animal Services

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 349 instruments cited; 341 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?industry=26&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 Veterinary and Animal 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=26&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)

Veterinary and Animal Services (the industry's regulators, nationally), first day (Apr. 1, 2020): Apr. 1, 2020: veterinary elective procedures suspended by order in Colorado (D 2020 009, to Apr. 26; Ex. CO-007), Minnesota (EO 20-09/20-17, to May 10; Exs. MN-005, SEC-26-004), Oregon (EO 20-10, to May 1; Ex. OR-005), Indiana (EO 20-13, eff. Apr. 1, to Apr. 26; Ex. IN-011), Utah (UPHO 2020-03, to Apr. 25; Ex. UT-003); Michigan EO 2020-32 in force and EO 2020-34 effective Apr. 2 (Ex. SEC-26-009); PPE inventory and use orders in Minnesota and New Jersey (Exs. MN-007, NJ-006); stay-home orders in more than forty States confining the client base and closing pet grooming as a personal service (Exs. ME-008, MN-012, CO-020, MA-017 recital, IL-005); FDA GFI #269 (Mar. 24; Ex. SEC-26-001); FEMA PPE allocation rule Apr. 10 (Ex. SEC-02-010); Florida DBPR EO 2020-04 veterinary telemedicine (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-091).

Veterinary and Animal Services (the industry's regulators, nationally), last day (June 30, 2020): June 30, 2020: suspensions ended but recommencement conditions in force in Colorado (PHO 20-29, veterinary section; Ex. CO-022), Minnesota (EO 20-51 plan requirements; Ex. MN-018), Oregon (EO 20-22; Ex. OR-015); grooming reopened under conditions in Oklahoma (Apr. 24), Indiana (Apr. 6 salon/store/mobile only), Illinois (May 1), Maine (May 1), West Virginia (May 4), Minnesota (May 4 curbside), Hawaii (May 5), Kentucky (May 11), Massachusetts (May 25), Michigan (June 15), New Jersey (June 22); masks required at veterinary clinics by name in California (CA-016) and generally in some twenty States; California DCA-20-21 veterinary telemedicine waiver from June 4 (Ex. AGY-ST-HEALTH-BOARDS-029); Hawaii HRS § 471-10 suspension (Ex. HI-007); Maine EO 35 (Ex. ME-014); Colorado D 2020 020 § G (Ex. CO-088).

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)

Veterinary and Animal Services (the industry's regulators, nationally), first day (July 1, 2020): July 1, 2020: recommencement conditions (CO PHO 20-29; MN EO 20-51; OR EO 20-22); Pennsylvania Secretary's universal face-coverings order naming 'veterinary clinic' (July 1; Ex. PA-015); Kansas EO 20-52 naming 'veterinary clinic' (July 3; Ex. KS-030); statewide mask orders in more than thirty States by August; FFCRA leave mandates; CISA v3.1; FDA GFI #269; California and Hawaii telemedicine waivers.

Veterinary and Animal Services (the industry's regulators, nationally), last day (Sept. 30, 2020): Sept. 30, 2020: the same; CA DCA-20-59/-81 extensions; PPE allocation rule as extended (FED-A).

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)

Veterinary and Animal Services (the industry's regulators, nationally), first day (Oct. 1, 2020): Oct. 1, 2020: the same recommencement and mask regimes; MIOSHA emergency rules for 'veterinary clinics' from Oct. 14 (Ex. MI-054); MDHHS orders limiting waiting-room gatherings at 'veterinary clinics' from Oct. 29 (Ex. MI-059); Oregon OSHA temporary rule with Appendix A-10 Veterinary Care from Nov. 16 (Ex. OR-032); Pennsylvania updated mask order Nov. 18 (Ex. PA-020); Colorado Level Red: Limited Healthcare Settings ordered by a 'veterinary practitioner' subject to PHO 20-29, personal services including dog grooming at 25 percent (Ex. CO-037); New Mexico 'Animal grooming services cannot operate under any circumstances' Nov. 19-Dec. 2 (Ex. NM-040).

Veterinary and Animal Services (the industry's regulators, nationally), last day (Dec. 31, 2020): Dec. 31, 2020: the same; CA DCA-20-99 (Dec. 15; to Feb. 28, 2021) (Ex. AGY-ST-HEALTH-BOARDS-035); California Regional Stay at Home Order with pet grooming as a 'limited service' in Long Beach and Los Angeles (Exs. MET-LA-077, MET-LA-034).

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)

Veterinary and Animal Services (the industry's regulators, nationally), first day (Jan. 1, 2021): Jan. 1, 2021: the same; Virginia DOLI permanent standard listing 'veterinary settings' effective Jan. 27 (Ex. VA-037); Brookings, S.D. ordinance naming 'veterinary clinic' (Ex. SD-078).

Veterinary and Animal Services (the industry's regulators, nationally), last day (Mar. 31, 2021): Mar. 31, 2021: PREP Act Seventh Amendment naming veterinarians and veterinary students (eff. Mar. 11; Ex. SEC-26-003); CA DCA-21-126 (Feb. 26) and DCA-21-137 veterinarians as vaccinators (Mar. 30) (Exs. AGY-ST-HEALTH-BOARDS-036, -037); Kansas mask order revoked Mar. 31; Kentucky HJR 77 ratifying the Board of Veterinary Examiners Order of Apr. 16, 2020 (Mar. 30; Ex. KY-046).

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)

Veterinary and Animal Services (the industry's regulators, nationally), first day (Apr. 1, 2021): Apr. 1, 2021: CO PHO 20-29 (Thirteenth Amended, Apr. 9; superseded Apr. 16; Ex. CO-094); MN EO 20-51 (to May 27); OR EO 20-22 (to June 30); Oregon OSHA permanent rule May 4 (Ex. OR-041); MIOSHA and MDHHS orders (to June 22); Delaware masks at veterinary facilities (Ex. DE-038).

Veterinary and Animal Services (the industry's regulators, nationally), last day (June 30, 2021): June 30, 2021: OR EO 20-22 and Oregon OSHA A-10 mask and distancing provisions ended (Exs. OR-043, OR-044); Maine EO 40 extended EO 35 § I(A) to Aug. 30, 2021 (Ex. ME-060); CDC dog-importation notice published June 16 (eff. July 14; Ex. AGY-FED-HEALTH-OTHER-126); Cal/OSHA § 3205 readopted June 17 (Ex. CA-024); Pennsylvania Act 21 of 2021 (June 11; Ex. PA-040).

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)

Veterinary and Animal Services (the industry's regulators, nationally), first day (July 1, 2021): July 1, 2021: FDA GFI #269; PREP Act Seventh Amendment; DEA exceptions; CA DCA-21-173 (July 1; Ex. AGY-ST-HEALTH-BOARDS-040); Cal/OSHA § 3205; Oregon OSHA OAR 437-001-0744 (PPE provisions of A-10); Virginia DOLI 16VAC25-220; Maine EO 35 § I(A); Pennsylvania Act 21; Kentucky BVE Order (HJR 77); Hawaii Twenty-First Proclamation (HRS § 471-10 suspension; statewide masks); Delaware masks at 'facilities providing veterinary care' to July 12 (Ex. DE-038); New Mexico unvaccinated mask order (Ex. NM-060); CDC conveyance mask order; State emergencies in most States.

Veterinary and Animal Services (the industry's regulators, nationally), last day (Sept. 30, 2021): Sept. 30, 2021: FDA GFI #269; PREP Act; CDC dog-importation suspension (from July 14); CA DCA-21-193 (Aug. 31; to Oct. 31; Ex. AGY-ST-HEALTH-BOARDS-042); Oregon OSHA AO 10-2021 Appendix A-10 Veterinary Clinics and OAR 333-019-1025 masks (from Aug. 13; Ex. OR-049); Washington Order 20-03.4 universal indoor masks (from Aug. 23; Ex. WA-078); Louisiana 137 JBE 2021 masks (from Aug. 4; Ex. LA-036); Illinois EO 2021-20 masks (from Aug. 30; Ex. IL-042); New Mexico indoor masks (from Aug. 20); District MO 2021-097 (from July 31; Ex. DC-057); Nevada county mask directive (Ex. NV-043); Hawaii Aug. 5 proclamation and EO 21-06 (Exs. HI-024, HI-026); Kentucky HJR 1 (Sept. 7; Ex. KY-056); Pennsylvania Act 73 (Sept. 30; Ex. PA-043); Virginia DOLI as amended Sept. 8 (Ex. VA-038); Douglas County, Kan. youth mask order naming veterinary clinics (Aug. 18-Sept. 22; Ex. KS-095); school masking and quarantine orders (ECO-B).

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

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

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

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

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

Layer2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3Total
Federal layer179163160175165167330
Sector regulators3112224
Group meetings and trade shows149521536
All layers196173166179168174370

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: Veterinary and Animal Services

The veterinary and animal-services industry is the health-care sector Congress never separated from the rest of medicine when it wrote the Suspension Clause, and the governmental orders of 2020 and 2021 did not separate it either. Three kinds of instruments reached the industry's functions. First, the elective-procedure suspension orders. Colorado's D 2020 009 (Mar. 19, 2020) suspended 'all voluntary or elective surgeries or procedures, whether medical, dental, or veterinary' from March 23 to April 26, 2020 and directed PPE conservation across 'veterinary, dental, construction, research' and other sectors (Ex. CO-007); its recommencement orders, D 2020 045 and CDPHE Public Health Order 20-29 (Apr. 26-27, 2020), allowed veterinary facilities to resume only under a section headed 'Veterinary Facilities' (PPE adequacy, distancing, client-contact minimization, reassessment every two weeks), and PHO 20-29 was amended thirteen times to April 9, 2021 (Exs. CO-021, CO-022, CO-094). Minnesota's EO 20-09 was amended by EO 20-17 (Mar. 23, 2020) to read 'whether medical, dental, or veterinary' (Ex. SEC-26-004); EO 20-16 ordered every 'veterinary' facility to inventory and refrain from using PPE (Ex. MN-007); EO 20-51 (May 5, 2020) rescinded the postponement as of May 10 and imposed written plan, screening and owner-consent requirements on every facility offering PPE-utilizing procedures 'whether veterinary, medical, or dental' through May 27, 2021 (Ex. MN-018). Oregon's EO 20-10 (Mar. 19, 2020) cancelled every elective and non-urgent PPE-utilizing procedure at 'veterinary clinics' or rescheduled it 'no earlier than June 15, 2020' and ordered surplus PPE surrendered; EO 20-22 permitted resumption from May 1 only under OHA guidance and ran to June 30, 2021 (Exs. OR-005, OR-015). Michigan's Governor issued a dedicated order: EO 2020-34 (Apr. 2, 2020) required 'all veterinary facilities' to 'implement a plan to temporarily postpone all in-person non-essential veterinary services,' to perform 'all veterinary services, essential and non-essential... by telemedicine to the fullest extent possible,' and to minimize PPE 'that could be used for the care of humans,' with a misdemeanor for willful violation; it ran to May 28, 2020, and the stay-home orders let residents travel only for 'veterinary services that, in accordance with a duly implemented... veterinary services postponement plan, have not been postponed' (Exs. SEC-26-009, MI-020, MI-030). Indiana's EO 20-13 cancelled veterinary elective procedures from April 1 to April 26, 2020 (Ex. IN-011); Utah's UPHO 2020-03 reached every licensed health-care professional and Summit County's joint order restricted 'medical, dental, and veterinary procedures... per Utah' (Exs. UT-003, MET-SLC-005); New Jersey's EO 109 ordered 'office-based healthcare or veterinary practices' to inventory PPE and empowered the Division of Consumer Affairs to restrict the scope of practice of 'any category of healthcare professional or veterinarian' (Ex. NJ-006); Wisconsin's Safer at Home order provided that 'Non-essential veterinary care should be avoided' (Ex. WI-002). Second, the essential-business regime and the conditions it carried. Veterinary care was written into the stay-home orders of Illinois, Ohio, Indiana, Tennessee, Montana, Kansas counties, Wisconsin, D.C., Alaska, Alabama, Maryland, Minnesota, New Mexico, Nevada, Oklahoma, Vermont, New York, California and Washington, most often in Illinois's words, 'veterinary care and all healthcare services provided to animals' (Exs. IL-005, OH-011, IN-024, TN-007, MT-009, WI-002, DC-005, AK-021); 'essential' was the premise of the conditions that followed: curbside and client-exclusion operation as the compelled form of service (AVMA's April 2020 survey of more than 2,000 practice owners: curbside care the most common operational change; close to 20 percent seeing only emergency cases; more than 30 percent using telemedicine; more than 25 percent sanitizing and reusing PPE; an average monthly cash shortfall of $17,000 in April rising to $23,000 in May) (Ex. SEC-26-007), masks required of every person obtaining services at a 'veterinary clinic' by name in Kansas, Pennsylvania, California, Delaware, Michigan and South Dakota's cities (Exs. KS-030, PA-015, PA-020, CA-016, DE-017, DE-038, MI-059, SD-078), waiting-room gathering limits at 'veterinary clinics' in Michigan (Exs. MI-059 to MI-071), the MIOSHA emergency rules for 'veterinary clinics' (Ex. MI-054), Oregon OSHA's Appendix A-10 'Veterinary Care' (Nov. 16, 2020 to June 30, 2021) restored as 'Veterinary Clinics' on August 13, 2021 (Exs. OR-032, OR-041, OR-044, OR-049), Virginia's DOLI standard classifying 'veterinary settings' for mandatory duties (Exs. VA-036 to VA-038), and Cal/OSHA's section 3205 (Ex. CA-024). Third, the grooming, boarding and shelter orders. Pet grooming was closed as a personal service or a non-essential business in Maine ('Dog Grooming' on the non-essential list, Apr. 3, 2020, Ex. ME-008), Minnesota ('Workers supporting pet grooming businesses are not exempt,' EO 20-33, Ex. MN-012), Colorado ('Personal Services include... dog grooming,' PHO 20-28, Ex. CO-020), Massachusetts (reopened May 25, 2020 by Order No. 33, Ex. MA-017), Kentucky (reopened May 11, 2020 under binding Healthy at Work requirements: pets delivered 'curbside, in a crate, or in an entry room to avoid interaction,' Exs. KY-017, SEC-18-040), Oklahoma (appointment-only from Apr. 24, 2020, Ex. OK-021), West Virginia (May 4, 2020, Ex. WV-026), Hawaii (appointment-only, customers wait outside, from May 5, 2020, Ex. HI-008), Illinois (added to the essential definition only on May 1, 2020 by EO 2020-32, Ex. IL-013), Indiana (permitted at a salon, store or mobile unit but 'no pet grooming shall be provided to customers inside any home,' EO 20-18, Ex. IN-020), New York ('animal boarding and pet grooming but only to the extent necessary to ensure animal health,' Ex. NY-090), Los Angeles ('excluding pet grooming and training,' Ex. MET-LA-032), Dallas County ('Grooming, if necessary for the health and wellbeing of the animal. Pet daycare, but only for employees of Essential Businesses,' Ex. MET-DFW-007) and New Mexico, which closed 'animal grooming services' outright from November 19 to December 2, 2020 (Ex. NM-040). Boarding demand fell with the travel orders that closed the borders and emptied the airports (FED-B; ECO-C). The federal layer specific to the industry was the FDA Center for Veterinary Medicine's GFI #269 (Mar. 24, 2020), under which FDA 'intends not to enforce the animal examination and premises visit VCPR requirements' of 21 C.F.R. part 530 and 558.6 so that veterinarians could practice by telemedicine, in force until February 21, 2023 (Exs. SEC-26-001, SEC-26-002, SEC-26-005); the HHS PREP Act Seventh Amendment (Mar. 11, 2021) drawing 'veterinarian[s]' and 'veterinary student[s]' into the vaccination workforce (Ex. SEC-26-003); the CDC suspension of dog importation effective July 14, 2021 (Ex. AGY-FED-HEALTH-OTHER-126); the DEA telemedicine and refill exceptions for every DEA-registered practitioner (Exs. AGY-FED-HEALTH-OTHER-009 to -011); the FEMA PPE allocation rule (Ex. SEC-02-010); and the CISA guidance every State order incorporated (Exs. SEC-07-001, SEC-08-002, SEC-18-002, SEC-18-001). The State telemedicine and VCPR waivers ran through the third quarter of 2021 in California (DCA-21-173 and -193, to Oct. 31, 2021), Maine (EO 35 § I(A) to Aug. 30, 2021), Pennsylvania (Act 21 and Act 73 of 2021), Kentucky (Board of Veterinary Examiners Order of Apr. 16, 2020, extended to Jan. 15, 2022 by HJR 1) and Hawaii (HRS § 471-10 suspension to Aug. 6, 2021; EO 21-06 naming veterinarians from Sept. 1, 2021).

The functions of the business

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

CodeFunction
CLclinical and surgical services (elective-procedure suspensions; recommencement conditions)
EMemergency and urgent care
BDboarding and daycare
GRgrooming and training
RTretail and pharmacy (food, medications, controlled substances)
SCPPE and pharmaceutical supply
HRhiring, credentialing and State board licensure
OPoffice, administration and telework
WFworkforce availability (schools, child care, quarantine, vaccination status)
CBpet owners, breeders, shelters and agricultural clients

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

Guidance on Preparing Workplaces for COVID-19

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

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

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

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

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

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

QSO-20-18-HHA

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

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

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

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

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

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-027
CDC No Sail Order and Suspension of Further Embarkation

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

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

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

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

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

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

Ex. FED-190
The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread

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

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

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

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

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

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

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

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

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

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

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

Enforcement: OMB directive to contracting officers

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

Ex. FED-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)

Citation: CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099) Open the exhibit

Ex. FED-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-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-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-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-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-268
OMB/OPM Memorandum M-20-23

Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again

Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), United States (executive branch) (Federal)

Dates
In force from Apr. 20, 2020 to June 10, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations
Telework mandateWorkplace rules
Functions reached
OF federal offices on maximum telework through the gating period, geography by geography; CS visitor screening and access limits at every federal facility; PJ contractor access
Grade
Primary source read
Days in this quarter
72 (in force on the last day)

Gating Period: Agencies should continue in 'Maximum Telework Flexibility' operating status, at the discretion of the agency head.... Facilities Screening. Agencies must ensure their policies and procedures restrict individuals infected with or at higher risk for serious illness from COVID-19 from accessing Federal facilities... These agency policies must include specific considerations for Federal employees, contractors and visitors.... Agencies must continue to maximize telework flexibilities specifically for workers... at higher risk...

Enforcement: OMB/OPM directive; facility decisions by each GSA building's Designated Official and Facility Security Committee

Citation: 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) Open the exhibit

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)

Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources During the National Emergency Caused by the Outbreak of COVID-19, 85 Fed. Reg. 26313 (May 1, 2020)

President Donald J. Trump, United States (meat and poultry processors; food supply chain resources) (Federal)

Dates
In force from Apr. 28, 2020 to Apr. 10, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Workplace rulesSupply chain
Functions reached
PK packing and processing plants (agriculture-food); SC meat supply to restaurants, retail and food service; WF plant workforces (federal direction to operate under CDC/OSHA conditions); DS distribution
Grade
Primary source read
Days in this quarter
64 (in force on the last day)

Accordingly, I find that meat and poultry in the food supply chain meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)). Under the delegation of authority provided in this order, the Secretary of Agriculture shall take all appropriate action under that section to ensure that meat and poultry processors continue operations consistent with the guidance for their operations jointly issued by the CDC and OSHA.... Sec. 2.... (b) The Secretary of Agriculture shall use the authority under section 101 of the Act... to determine the proper nationwide priorities and allocation of all the materials, services, and facilities necessary to ensure the continued supply of meat and poultry, consistent with the guidance for the operations of meat and poultry processing facilities jointly issued by the CDC and OSHA.

Enforcement: DPA § 101 orders by USDA; DPA § 103 penalties

Citation: 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) 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-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-334
General Order 73 (Amended May 21, 2020)

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

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

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

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

Enforcement: court order; court security

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

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

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

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

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

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

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

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

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 Veterinary and Animal Services

Ex. SEC-26-004
Emergency Executive Order 20-17

Clarifying Application of Executive Order 20-09 to Veterinary Surgeries and Procedures

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

Dates
In force from Mar. 23, 2020 to May 10, 2020
Quarters
2020 Q2
Limitations
Health care ordersSupply chain
Functions reached
CL clinical and surgical services suspended; EM emergency care only; SC PPE conservation; CB clients (scheduled procedures cancelled)
Grade
Primary source read
Days in this quarter
49

Veterinary procedures use equipment, particularly personal protective equipment ('PPE'), which is vital to stop the spread of COVID-19.... Beginning no later than March 23, 2020 at 5:00 pm, and continuing for the duration of the peacetime emergency declared in Executive Order 20-01 or until this Executive Order is rescinded, all non-essential or elective surgeries and procedures, including non-emergent or elective dental care, whether medical, dental, or veterinary, that utilize PPE or ventilators must be postponed indefinitely.... d. In the context of veterinary medicine, threats to public health, threats to the health or safety of the animal's owner (e.g., in the case of service animals), and threats to the health or safety of the animal may also be considered.

Enforcement: Minn. Stat. § 12.45 (misdemeanor) as recited in EO 20-09 and EO 20-51; MDH and licensing-board enforcement under EO 20-51

Citation: Governor Tim Walz (approved by the Executive Council), Emergency Executive Order 20-17 (Mar. 23, 2020) (Ex. SEC-26-004) Open the exhibit

Ex. SEC-26-001
Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140)

Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak: Guidance for Industry

Food and Drug Administration, Center for Veterinary Medicine, United States (FDA Center for Veterinary Medicine) (Federal)

Dates
In force from Mar. 24, 2020 to Feb. 21, 2023
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Health care ordersOther
Functions reached
CL clinical services by telemedicine (compelled substitute); RT pharmacy (extralabel and VFD prescribing); CB clients confined by stay-home orders
Grade
Primary source read
Days in this quarter
99 (in force on the last day)

FDA is aware that during the COVID-19 outbreak some States are modifying their requirements for veterinary telemedicine, including State requirements regarding the veterinarian-client-patient relationship (VCPR). Given that the Federal VCPR definition requires animal examination and/or medically appropriate and timely visits to the premises where the animal(s) are kept, the Federal VCPR definition cannot be met solely through telemedicine. To further facilitate veterinarians' ability to utilize telemedicine to address animal health needs during the COVID-19 outbreak, FDA intends to temporarily suspend enforcement of a portion of the Federal VCPR requirements. Specifically, FDA generally intends not to enforce the animal examination and premises visit VCPR requirements relevant to FDA regulations governing Extralabel Drug Use in Animals (21 CFR part 530) and Veterinary Feed Directive…

Enforcement: Enforcement discretion (guidance, 'Contains Nonbinding Recommendations'); the underlying rules 21 C.F.R. part 530 and § 558.6 remained in force

Citation: Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001) Open the exhibit

Ex. SEC-26-009
Executive Order No. 2020-34

Temporary restrictions on veterinary services; Rescission of Executive Order 2020-32

Governor Gretchen Whitmer, Michigan (State)

Dates
In force from Apr. 2, 2020 to May 28, 2020
Quarters
2020 Q2
Limitations
Telework mandateHealth care ordersSupply chain
Functions reached
CL clinical and surgical services postponed; EM emergency care only (life, serious pain, euthanasia, zoonotic disease); SC PPE minimization; OP telemedicine compelled 'to the fullest extent possible'; CB clients (in-person visits barred except essential)
Grade
Primary source read
Days in this quarter
57

1. Beginning as soon as possible but no later than April 2, 2020 at 5:00 pm, and continuing while the declared emergency is in effect, all veterinary facilities must implement a plan to temporarily postpone all in-person non-essential veterinary services until the declared emergency has ended ('plan'). 2. A plan must provide that all veterinary services, essential and non-essential, must be performed by telemedicine to the fullest extent possible while the declared emergency is in effect. If a non-essential service cannot be performed by telemedicine, a plan must require that it be postponed.... 3. A plan must require that, in performing veterinary services, the use of personal protective equipment that could be used for the care of humans must be minimized to the fullest extent possible... 4. A veterinary facility must comply with the restrictions contained in its plan. 5. For purposes…

Enforcement: MCL 10.33 and 30.405(3): willful violation a misdemeanor; LARA director to issue enforcement orders (¶ 8)

Citation: Governor Gretchen Whitmer, Executive Order No. 2020-34 (Apr. 2, 2020) (Ex. SEC-26-009) Open the exhibit

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

Federal layer

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-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

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-165) Open the exhibit

Ex. FED-325
USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4

USCIS Preparing to Resume Public Services on June 4

U.S. Citizenship and Immigration Services, United States (USCIS domestic offices) (Federal)

Dates
In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations
Face-covering requirementCourts and public officesWorkplace rules
Functions reached
HR; CS
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

U.S. Citizenship and Immigration Services is preparing some domestic offices to reopen and resume non-emergency public services on or after June 4. On March 18, USCIS temporarily suspended routine in-person [services]... Members of the public must wear facial coverings that cover both the mouth and nose when entering [facilities]...

Enforcement: agency entry conditions

Citation: U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325) Open the exhibit

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-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

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-166) Open the exhibit

Ex. FED-172
Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)

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

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

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

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

Enforcement: FLSA enforcement

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

Ex. FED-333
General Order 72-6

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

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

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

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

Enforcement: court order

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

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

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

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

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

Enforcement: F-tag F563 and F880 survey enforcement

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

Ex. FED-030
No Sail Order; Third Modification and Extension (Sept. 30, 2020)

No Sail Order and Suspension of Further Embarkation; Third Modification and Extension of No Sail Order and Other Measures Related to Operations, 85 Fed. Reg. 62732 (Oct. 5, 2020)

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

Dates
In force from Sept. 30, 2020 to Oct. 31, 2020
Quarters
2020 Q32020 Q4
Limitations
Business closureTravel and quarantineEvents and venues
Functions reached
TV; GS; CB; SC
Grade
Primary source read
Days in this quarter
1 (in force on the last day)

[extends the No Sail Order to the earliest of the PHE's expiration, rescission, or] October 31, 2020.

Enforcement: same as FED-027

Citation: Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030) Open the exhibit

Ex. FED-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

Continuing in force from an earlier quarter of this report (27 instruments):

ExhibitCitationDatesLimitations
Ex. FED-097CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)In force from Mar. 13, 2020 to Sept. 17, 2020Business closureGathering capHealth care orders
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-027Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)In force from Mar. 14, 2020 to Dec. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-266Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)In force from Mar. 20, 2020 to Dec. 31, 2020Telework mandateWorkplace rules
Ex. FED-099CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)In force from Mar. 23, 2020 to May 1, 2023Health care ordersCourts and public offices
Ex. FED-391U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)In force from Mar. 23, 2020 to Sept. 30, 2020Business closureCourts and public offices
Ex. FED-184Secretary 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, 2021Emergency declarationHealth care orders
Ex. FED-090Centers 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-170Congress (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-171Wage 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-028Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)Business closureTravel and quarantineEvents and venues
Ex. FED-192The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)In force from Apr. 16, 2020 to Sept. 30, 2020Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-268Office 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)In force from Apr. 20, 2020 to June 10, 2021Telework mandateWorkplace rules
Ex. FED-073President 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)In force from Apr. 28, 2020 to Apr. 10, 2023Workplace rulesSupply chain
Ex. FED-091Centers 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-161CMS, 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-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-393U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)Business closure

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 Veterinary and Animal Services

Continuing in force from an earlier quarter of this report (1 instrument):

ExhibitCitationDatesLimitations
Ex. SEC-26-001Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001)In force from Mar. 24, 2020 to Feb. 21, 2023Health care ordersOther

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

Federal layer

Ex. FED-031
CDC Framework for Conditional Sailing Order

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

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

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

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

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

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

Ex. FED-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-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-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

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

ExhibitCitationDatesLimitations
Ex. FED-168CMS, 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, 2022Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092Centers 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, 2023Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-088OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)In force from Mar. 9, 2020 to Jan. 29, 2021Workplace rules
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-027Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)In force from Mar. 14, 2020 to Dec. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-390Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)In force from Mar. 17, 2020 to Oct. 22, 2020Business closure
Ex. FED-266Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)In force from Mar. 20, 2020 to Dec. 31, 2020Telework mandateWorkplace rules
Ex. FED-099CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)In force from Mar. 23, 2020 to May 1, 2023Health care ordersCourts and public offices
Ex. FED-184Secretary 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, 2021Emergency declarationHealth care orders
Ex. FED-090Centers 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-170Congress (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-171Wage 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-268Office 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)In force from Apr. 20, 2020 to June 10, 2021Telework mandateWorkplace rules
Ex. FED-073President 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)In force from Apr. 28, 2020 to Apr. 10, 2023Workplace rulesSupply chain
Ex. FED-091Centers 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-161CMS, 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-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-165CMS, 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, 2023Health care orders
Ex. FED-325U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-166CMS, 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, 2023Health care orders
Ex. FED-172Wage 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-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-154CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)In force from Sept. 17, 2020 to Mar. 10, 2021Gathering capHealth care orders
Ex. FED-030Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)In force from Sept. 30, 2020 to Oct. 31, 2020Business closureTravel and quarantineEvents and venues
Ex. FED-010Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)Emergency declaration
Ex. FED-200President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)Travel and quarantine
Ex. FED-001President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)Emergency declaration

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 Veterinary and Animal Services

Continuing in force from an earlier quarter of this report (1 instrument):

ExhibitCitationDatesLimitations
Ex. SEC-26-001Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001)In force from Mar. 24, 2020 to Feb. 21, 2023Health care ordersOther

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

Federal layer

Ex. FED-060
Executive Order 13991

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

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

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

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

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

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

Ex. FED-062
Executive Order 13999

Protecting Worker Health and Safety, 86 Fed. Reg. 7211 (Jan. 26, 2021)

President Joseph R. Biden, Jr., United States (workplaces under the OSH Act) (Federal)

Dates
In force from Jan. 21, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Workplace rules
Functions reached
predicate for the OSHA layer; the ETS recites it
Grade
Primary source read
Days in this quarter
70 (in force on the last day)

Sec. 2. Protecting Workers from COVID-19 Under the Occupational Safety and Health Act. The Secretary of Labor, acting through the Assistant Secretary of Labor for Occupational Safety and Health... shall: (a) issue, within 2 weeks of the date of this order... revised guidance to employers on workplace safety during the COVID-19 pandemic; (b) consider whether any emergency temporary standards on COVID-19, including with respect to masks in the workplace, are necessary, and if such standards are determined to be necessary, issue them by March 15, 2021; (c) review the enforcement efforts of the Occupational Safety and Health Administration (OSHA) related to COVID-19...; (d) launch a national program to focus OSHA enforcement efforts related to COVID-19 on violations that put the largest number of workers at serious risk or are contrary to anti-retaliation principles

Enforcement: Through OSHA instruments: the National Emphasis Program (FED-082, FED-083), the Healthcare ETS (FED-080) and the vaccination-or-testing ETS (FED-086, post-period)

Citation: President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062) Open the exhibit

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

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

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

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

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

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

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

Ex. FED-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)

Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021)

Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), United States (every conveyance and transportation hub into or within the United States) (Federal)

Dates
In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)
Quarters
2021 Q12021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
WF workforce commuting by transit, rail, bus, taxi and ride-share (every metro); TR business travel by air and rail; CB customers arriving by transit or taxi; OP operators of any conveyance or hub (transit agencies, airports, bus and ferry operators, ride-share drivers)
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

Persons must wear masks over the mouth and nose when traveling on conveyances into and within the United States. Persons must also wear masks at transportation hubs as defined in this Order.... A conveyance operator transporting persons into and within the United States must require all persons onboard to wear masks for the duration of travel.... Conveyance operators must use best efforts to ensure that any person on the conveyance wears a mask when boarding, disembarking, and for the duration of travel. Best efforts include: boarding only those persons who wear masks; instructing persons that Federal law requires wearing a mask on the conveyance and failure to comply constitutes a violation of Federal law... disembarking any person who refuses to comply

Enforcement: Criminal penalties under 18 U.S.C. §§ 3559, 3571, 42 U.S.C. § 271 and 42 C.F.R. § 70.18 ('a person violating this Order may be subject to a fine of no more than $100,000 if the violation does not result in a death... An organization violating this Order may be subject to a fine of no more than $200,000 per event'); 'This Order shall be further enforced by other federal authorities and may be…

Citation: 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) Open the exhibit

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 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825

SD 1582/84-21-01, Security Measures - Mask Requirements (surface transportation)

Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), United States (every public transportation, passenger railroad and fixed-route bus owner/operator under 49 C.F.R. §§ 1582.1(a), 1584.1) (Federal)

Dates
In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
WF workforce commuting by transit and rail in every metro; OP transit agencies and bus companies as regulated operators; CB customers arriving by transit; TR intercity rail and bus travel
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

A. Owner/Operators must notify passengers with prominent and adequate notice of the mask requirements... 1. Federal law requires wearing a mask while on the conveyance and failure to comply may result in denial of boarding or removal. 2. Refusing to wear a mask is a violation of federal law; passengers may be subject to penalties under federal law. B. Owner/Operators must require that individuals wear a mask, except as described in Sections D., E., or F., as follows: 1. Any persons in a public transportation, passenger railroad, or bus conveyance covered by this SD. 2. Any person in public areas of transportation hubs/facilities controlled by the owner/operator (such as for purposes of purchasing tickets, waiting areas, and platforms for boarding and disembarking) for the duration of travel, boarding, and disembarking.

Enforcement: Civil penalties against owner/operators under 49 U.S.C. § 114 and 49 C.F.R. part 1503; denial of boarding and removal of persons; TSA civil penalties against individuals (announced range $250 to $1,500)

Citation: 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) Open the exhibit

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 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825

SD 1544-21-02, Security Measures - Face Masks

Transportation Security Administration, DHS, United States (aircraft operators under 49 C.F.R. part 1544) (Federal)

Dates
In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
TR business air travel of every industry; TV/GS hotels-travel demand; OP airlines and airport tenants; WF flight crews
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

A. The aircraft operator must provide passengers with prominent and adequate notice of the mask requirements... 1. Federal law requires each person to wear a mask at all times throughout the flight, including during boarding and deplaning. 2. Refusing to wear a mask is a violation of federal law and may result in denial of boarding, removal from the aircraft, and/or penalties under federal law.... B. The aircraft operator must not board any person who is not wearing a mask, except as described in Sections D., E., and F. C. The aircraft operator must ensure that direct employees and authorized representatives wear a mask at all times while on an aircraft or in an airport location under the control of the aircraft operator

Enforcement: Civil penalties under 49 U.S.C. §§ 114, 46301; 49 C.F.R. part 1503; denial of boarding and removal

Citation: 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) Open the exhibit

Ex. FED-054
Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)

SD 1542-21-01, Security Measures - Face Masks

Transportation Security Administration, DHS, United States (airport operators under 49 C.F.R. part 1542) (Federal)

Dates
In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
OP airport concessions, retailers, restaurants and car-rental tenants (EMP); TR travelers; WF airport workforces
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

B. The airport operator must require that individuals in or on the airport wear a mask, except as described in Sections D., E., and F. 1. If individuals are not wearing masks, ask them to put a mask on. 2. If individuals refuse to wear a mask in or on the airport, escort them from the airport. C. The airport operator must ensure direct employees, authorized representatives, tenants, and vendors wear a mask at all times in or on the airport

Enforcement: Civil penalties under 49 U.S.C. § 114; 49 C.F.R. part 1503; removal from the airport

Citation: Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054) Open the exhibit

Ex. FED-055
Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)

EA 1546-21-01, Security Measures - Face Masks

Transportation Security Administration, DHS, United States (foreign air carriers under 49 C.F.R. part 1546) (Federal)

Dates
In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)
Quarters
2021 Q12021 Q2
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
TR international air travel; TV inbound tourism
Grade
Primary source read
Days in this quarter
59 (in force on the last day)

NUMBER EA 1546-21-01 EFFECTIVE DATE 11:59 pm EST on February 1, 2021 EXPIRATION DATE May 11, 2021 [imposes the same mask, notice, denial-of-boarding and reporting requirements on foreign air carriers]

Enforcement: 49 U.S.C. § 114; 49 C.F.R. part 1503

Citation: Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055) 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-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-082
DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)

DIR 2021-01 (CPL-03), National Emphasis Program - Coronavirus Disease 2019 (COVID-19)

OSHA, Directorate of Enforcement Programs, United States (OSHA-wide; targeted industries by NAICS) (Federal)

Dates
In force from Mar. 12, 2021 to July 7, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Workplace rules
Functions reached
EMP/HR workplace COVID-19 controls in the targeted industries (hospitals, physician practices, dental, home care, agriculture-food processing, logistics-warehousing, retail grocery, restaurants)
Grade
Primary source read
Days in this quarter
20 (in force on the last day)

This 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 augments OSHA's efforts addressing unprogrammed COVID-19-related activities, e.g., complaints, referrals, and severe incident reports, by adding a component to target specific high-hazard industries or activities where this hazard is prevalent. 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.

Enforcement: Programmed OSHA inspections; citations under the general duty clause and existing standards; whistleblower referrals

Citation: OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082) Open the exhibit

Ex. FED-280
Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions

Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions

Secretary of Defense Lloyd J. Austin III, United States (Department of Defense components worldwide) (Federal)

Dates
In force from Mar. 15, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Travel and quarantineWorkplace rules
Functions reached
TV DoD official travel restricted installation by installation through 2021 Q3; CB defense contractors, hotels, conference venues and installation-town businesses dependent on DoD travel and access; MK DoD attendance at conferences and trade shows
Grade
Primary source read
Days in this quarter
17 (in force on the last day)

Effective immediately, this memorandum cancels reference (a) through (c) and reissues travel restriction guidance for DoD Components that will remain in effect until further notice.... This guidance applies to all DoD Service members, civilian employees, dependents of Service members, and personnel whose travel is Government-funded, whether traveling domestically or internationally. Except as provided below, this travel guidance applies to all official travel, including temporary duty (TDY) travel; Government-funded leave travel; permanent duty travel... Conditions for Unrestricted Travel to DoD Installations, Facilities, and Locations... Removal of local travel restrictions; Availability of essential services...; Quality control/assurance capability for household goods packing and moving; and Favorable Health Protection Conditions (HPCON) (i.e., installations operating below HPCON C).

Enforcement: DoD directive to component heads and installation commanders

Citation: 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) Open the exhibit

Continuing in force from an earlier quarter of this report (28 instruments):

ExhibitCitationDatesLimitations
Ex. FED-168CMS, 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, 2022Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092Centers 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, 2023Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-099CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)In force from Mar. 23, 2020 to May 1, 2023Health care ordersCourts and public offices
Ex. FED-184Secretary 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, 2021Emergency declarationHealth care orders
Ex. FED-090Centers 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-268Office 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)In force from Apr. 20, 2020 to June 10, 2021Telework mandateWorkplace rules
Ex. FED-073President 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)In force from Apr. 28, 2020 to Apr. 10, 2023Workplace rulesSupply chain
Ex. FED-091Centers 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-161CMS, 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-157CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)In force from May 18, 2020 to Mar. 10, 2021Capacity limitGathering capHealth care orders
Ex. FED-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-165CMS, 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, 2023Health care orders
Ex. FED-325U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-166CMS, 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, 2023Health care orders
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-154CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)In force from Sept. 17, 2020 to Mar. 10, 2021Gathering capHealth care orders
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-093Centers 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, 2021Health care ordersOther
Ex. FED-303Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)In force from Nov. 25, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-185Food 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, 2021Health care ordersOther
Ex. FED-186Food 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, 2022Health care ordersOther

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 Veterinary and Animal Services

Ex. SEC-26-003
Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021)

Seventh Amendment to Declaration Under the PREP Act for Medical Countermeasures Against COVID-19

Secretary of Health and Human Services (Acting Secretary Norris Cochran), United States (HHS) (Federal)

Dates
In force from Mar. 11, 2021 to Sept. 30, 2021
Quarters
2021 Q12021 Q22021 Q3
Limitations
Health care ordersVaccination or testingOther
Functions reached
HR (veterinary professionals drawn into the vaccination workforce); WF
Grade
Primary source read
Days in this quarter
21 (in force on the last day)

[Qualified persons include] a... dentist, podiatrist, optometrist or veterinarian licensed or certified to practice under the law of any state who prescribes, dispenses, or administers COVID-19 vaccines that are Covered Countermeasures under section VI of this Declaration in any jurisdiction where the PREP Act applies... [and] a... dental, podiatry, optometry or veterinary student with appropriate training in administering vaccines as determined by his or her school or training program and supervision by a currently practicing healthcare professional experienced in administering intramuscular injections.

Enforcement: Liability immunity conditioned on the listed requirements (CDC training, ACIP recommendations, observation, reporting)

Citation: Secretary of Health and Human Services (Acting Secretary Norris Cochran), Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Mar. 11, 2021) (Ex. SEC-26-003) Open the exhibit

Continuing in force from an earlier quarter of this report (1 instrument):

ExhibitCitationDatesLimitations
Ex. SEC-26-001Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001)In force from Mar. 24, 2020 to Feb. 21, 2023Health care ordersOther

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

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

ExhibitCitationDatesLimitations
Ex. FED-168CMS, 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, 2022Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092Centers 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, 2023Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-099CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)In force from Mar. 23, 2020 to May 1, 2023Health care ordersCourts and public offices
Ex. FED-184Secretary 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, 2021Emergency declarationHealth care orders
Ex. FED-090Centers 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-268Office 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)In force from Apr. 20, 2020 to June 10, 2021Telework mandateWorkplace rules
Ex. FED-073President 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)In force from Apr. 28, 2020 to Apr. 10, 2023Workplace rulesSupply chain
Ex. FED-091Centers 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-161CMS, 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-334Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)In force from May 21, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-165CMS, 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, 2023Health care orders
Ex. FED-325U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-166CMS, 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, 2023Health care orders
Ex. FED-333Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)In force from Sept. 16, 2020 to July 1, 2021Business closureCourts and public offices
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-093Centers 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, 2021Health care ordersOther
Ex. FED-185Food 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, 2021Health care ordersOther
Ex. FED-186Food 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, 2022Health care ordersOther
Ex. FED-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-062President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)In force from Jan. 21, 2021 to Sept. 30, 2021Workplace rules
Ex. FED-270Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)In force from Jan. 24, 2021 to June 10, 2021Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-020Centers 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)In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-050Transportation 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)In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-053Transportation 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)In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-054Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-055Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)In force from Feb. 1, 2021 to May 11, 2021 (issued Jan. 31, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-187Food 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, 2023Health care ordersOther
Ex. FED-155CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)In force from Mar. 10, 2021 to Apr. 27, 2021Gathering capHealth care orders

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 Veterinary and Animal Services

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

ExhibitCitationDatesLimitations
Ex. SEC-26-001Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001)In force from Mar. 24, 2020 to Feb. 21, 2023Health care ordersOther
Ex. SEC-26-003Secretary of Health and Human Services (Acting Secretary Norris Cochran), Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Mar. 11, 2021) (Ex. SEC-26-003)In force from Mar. 11, 2021 to Sept. 30, 2021Health care ordersVaccination or testingOther

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-032
Notice: Conditional Sailing Order Technical Instructions and Operations Manual

Conditional Sailing Order Technical Instructions and Operations Manual, 86 Fed. Reg. 24865 (May 10, 2021)

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

Dates
In force from May 5, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Functions reached
TV; GS; CB; SC
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

[notice of the technical instructions implementing the CSO's phases: port agreements, simulated voyages, COVID-19 Conditional Sailing Certificates, testing and vaccination thresholds for restricted revenue voyages]

Enforcement: as for FED-031

Citation: Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032) Open the exhibit

Ex. FED-051
Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements

SD 1582/84-21-01A, Security Measures - Mask Requirements (cancels and supersedes SD 1582/84-21-01)

Transportation Security Administration, DHS, United States (surface transportation owner/operators) (Federal)

Dates
In force from May 12, 2021 to Sept. 13, 2021 (issued Apr. 30, 2021)
Quarters
2021 Q22021 Q3
Limitations
Face-covering requirementTravel and quarantineWorkplace rules
Functions reached
WF; OP; CB; TR
Grade
Primary source read
Days in this quarter
75 (in force on the first day)

NUMBER SD 1582/84-21-01A... EFFECTIVE DATE May 12, 2021 EXPIRATION DATE September 13, 2021 CANCELS AND SUPERSEDES SD 1582/84-21-01 APPLICABILITY Each owner/operator identified in 49 CFR 1582.1(a); each owner/operator identified in 49 CFR 1584.1 that provides fixed-route service as defined in 49 CFR 1500.3... The requirements in this SD must be applied to all persons in or on one of the conveyances or a transportation facility used by one of the modes identified above, including those already vaccinated.... B. Owner/Operators must require that individuals wear a mask, except as described in Sections D., E., or F.

Enforcement: as for FED-050

Citation: Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051) Open the exhibit

Ex. FED-297
Amended General Order 21-0006 (May 26, 2021)

In re: Plan for the Safe Resumption of Jury Trials and Court Operations (Amended May 26, 2021)

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

Dates
In force from May 26, 2021 to Sept. 15, 2021
Quarters
2021 Q22021 Q3
Limitations
Courts and public officesWorkplace rulesVaccination or testing
Functions reached
CT jury trials resumed under a written plan with testing and vaccination conditions; in force July 1 - Sept. 15, 2021; HR federal courthouse workforce vaccination-or-testing condition (a Q3 2021 VAX instrument)
Grade
Primary source read
Days in this quarter
77 (in force on the first day)

On February 17, 2021, General Order 21-0006 was entered by the Court to address [the resumption of jury trials]... It is, therefore, hereby ORDERED:... 2. Because the testing protocol will be fully effective only if all employees participate, it is also hereby ORDERED that all employees, contractors, and staff of all agencies and court units at the Dirksen and Roszkowski Courthouses participate in this program. Specifically, all employees who report to work at either of these Courthouses will be vaccinated, as defined by the CDC [or tested]...

Enforcement: court order to all court units and agencies in the courthouses

Citation: Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297) Open the exhibit

Ex. FED-271
OMB Memorandum M-21-25

Integrating Planning for A Safe Increased Return of Federal Employees and Contractors to Physical Workplaces with Post-Reentry Personnel Policies and Work Environment

Office of Management and Budget, Office of Personnel Management and General Services Administration, United States (executive branch) (Federal)

Dates
In force from June 10, 2021 to Sept. 30, 2021
Quarters
2021 Q22021 Q3
Limitations
Telework mandateFace-covering requirementWorkplace rules
Functions reached
OF federal reentry planned, not executed, in 2021 Q3 (plans due July 19; 30-day notice; the July 27 Delta-wave mask reinstatement followed); CS federal offices remained largely remote through Sept. 30, 2021; PJ contractor reentry
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

This memorandum rescinds OMB Memorandum M-20-23, Aligning Federal Agency Operations with the National Guidelines for Opening Up America Again (April 20, 2020)... B. Occupancy in Federal workplaces. The occupancy requirements set forth in M-21-15 are no longer in effect, although other aspects of M-21-15 remain in effect pursuant to current Safer Federal Workforce Task Force guidance... Agencies may establish occupancy limits for... the number of employees or contractors in the physical workplace...

Enforcement: OMB/OPM/GSA directive; Task Force guidance

Citation: Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271) Open the exhibit

Ex. FED-337
General Order 78

In re: Update to Court Operations in Light of California's Reopening

Chief Judge Richard Seeborg, United States District Court for the Northern District of California (Court)

Dates
In force from July 1, 2021 to Oct. 15, 2021 (issued June 23, 2021)
Quarters
2021 Q3
Limitations
Courts and public officesWorkplace rules
Functions reached
CT the N.D. Cal. Q3 2021 instrument: general-access restrictions abrogated July 1, 2021, but safety protocols, remote criminal proceedings and suspended paper requirements continued
Grade
Primary source read
Days in this quarter
92 (the whole quarter)

WHEREAS, effective June 15, 2021, the State of California reopened its economy with limited [restrictions]... General Order No. 73 (Continuing Temporary Restrictions on Courthouse Access due to COVID-19 [and the General Order 72 series]) are abrogated, effective July 1, 2021. The Court additionally ORDERS as follows, effective July 1, 2021: Courthouse Access: 1. All courthouse visitors must follow any safety protocols announced on the Court's website... [initial appearances and detention hearings to proceed by] telephone or by videoconference until further order of the Court. New arrestees shall be booked [remotely]... 3. Other court appearances may be waived or postponed, or may be conducted by telephone or [videoconference]... [courtesy-copy requirements] remain suspended until further notice.

Enforcement: court order

Citation: Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337) Open the exhibit

Ex. FED-084
Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)

Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)

OSHA (memorandum for Regional Administrators and State Plan Designees), United States (Federal)

Dates
In force from July 7, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitations
Workplace rules
Functions reached
EMP (non-healthcare workplaces in 2021Q3)
Grade
Primary source read
Days in this quarter
86 (in force on the last day)

Enforcement: General duty clause and existing standards for non-ETS workplaces

Citation: OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084) Open the exhibit

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

ExhibitCitationDatesLimitations
Ex. FED-168CMS, 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, 2022Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-092Centers 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, 2023Health care ordersWorkplace rulesQuarantine and isolation
Ex. FED-156CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)In force from Apr. 27, 2021 to Nov. 12, 2021Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-094Centers 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-163CMS, 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-080Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)In force from June 21, 2021 to Dec. 27, 2021Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-081OSHA, 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, 2021Health care ordersWorkplace rules
Ex. FED-180Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)Emergency declarationHealth care orders
Ex. FED-181Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)In force from Feb. 4, 2020 to Sept. 30, 2021Emergency declarationHealth care orders
Ex. FED-160Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)Health care ordersOther
Ex. FED-096CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)In force from Mar. 4, 2020 to Sept. 30, 2021Health care orders
Ex. FED-098CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)In force from Mar. 10, 2020 to Sept. 30, 2021Health care orders
Ex. FED-290Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)In force from Mar. 12, 2020 to Sept. 30, 2021Business closureCourts and public offices
Ex. FED-194HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)In force from Mar. 17, 2020 to May 11, 2023Health care ordersOther
Ex. FED-099CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)In force from Mar. 23, 2020 to May 1, 2023Health care ordersCourts and public offices
Ex. FED-184Secretary 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, 2021Emergency declarationHealth care orders
Ex. FED-090Centers 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-073President 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)In force from Apr. 28, 2020 to Apr. 10, 2023Workplace rulesSupply chain
Ex. FED-091Centers 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-161CMS, 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-165CMS, 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, 2023Health care orders
Ex. FED-325U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)In force from June 4, 2020 to Sept. 30, 2021 (issued May 27, 2020)Face-covering requirementCourts and public officesWorkplace rules
Ex. FED-166CMS, 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, 2023Health care orders
Ex. FED-031Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)In force from Oct. 30, 2020 to Nov. 1, 2021Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-093Centers 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, 2021Health care ordersOther
Ex. FED-185Food 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, 2021Health care ordersOther
Ex. FED-186Food 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, 2022Health care ordersOther
Ex. FED-060President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)In force from Jan. 20, 2021 to May 9, 2023Gathering capFace-covering requirementWorkplace rules
Ex. FED-062President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)In force from Jan. 21, 2021 to Sept. 30, 2021Workplace rules
Ex. FED-020Centers 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)In force from Feb. 1, 2021 to Apr. 18, 2022 (issued Jan. 29, 2021)Face-covering requirementTravel and quarantineWorkplace rules
Ex. FED-187Food 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, 2023Health care ordersOther
Ex. FED-082OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)In force from Mar. 12, 2021 to July 7, 2021Workplace rules
Ex. FED-280Secretary 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)In force from Mar. 15, 2021 to Sept. 30, 2021Travel and quarantineWorkplace rules

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 Veterinary and Animal Services

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

ExhibitCitationDatesLimitations
Ex. SEC-26-001Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001)In force from Mar. 24, 2020 to Feb. 21, 2023Health care ordersOther
Ex. SEC-26-003Secretary of Health and Human Services (Acting Secretary Norris Cochran), Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Mar. 11, 2021) (Ex. SEC-26-003)In force from Mar. 11, 2021 to Sept. 30, 2021Health care ordersVaccination or testingOther

Third quarter of 2021: the instruments in force, Veterinary and Animal 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-26-001 FDA GFI #269 (in force to Feb. 21, 2023)
  • SEC-26-003 HHS PREP Act Seventh Amendment (veterinarians and veterinary students as qualified persons)
  • AGY-FED-HEALTH-OTHER-126 CDC Temporary Suspension of Dogs Entering the United States (eff. July 14, 2021)
  • AGY-FED-HEALTH-OTHER-009, -010, -011 DEA telemedicine, early-refill and reciprocity exceptions (PHE)
  • AGY-ST-HEALTH-BOARDS-040 CA DCA-21-173 (July 1, 2021) and -042 DCA-21-193 (Aug. 31, 2021) veterinary telemedicine and refill waivers
  • AGY-ST-HEALTH-BOARDS-037 CA DCA-21-137 veterinarians ordering and administering COVID-19 vaccines
  • CA-024 / SEC-02-047 Cal/OSHA § 3205 ETS (every California veterinary employer)
  • CA-029, CA-035 SPHO order of June 11, 2021 (unvaccinated masking) and county universal mask orders July-Aug. 2021 (LA, SFO, SAC, SAN metro files)
  • OR-041, OR-044 Oregon OSHA OAR 437-001-0744 (PPE provisions of Appendix A-10)
  • OR-049 Oregon OSHA AO 10-2021 (Aug. 13, 2021): Appendix A-10 Veterinary Clinics restored; OAR 333-019-1025 indoor masks
  • VA-037, VA-038 Virginia DOLI 16VAC25-220 ('veterinary settings')
  • ME-060 EO 40 FY 20/21 ¶ 6: EO 35 § I(A) veterinary and health-care licensing suspension to Aug. 30, 2021
  • PA-040 Act 21 of 2021 (DOS telemedicine waiver for Veterinary Medicine licensees to Sept. 30, 2021); PA-043 Act 73 of 2021 (to Mar. 31, 2022)
  • KY-046 HJR 77 and KY-056 HJR 1 (Board of Veterinary Examiners Order of Apr. 16, 2020 extended to Jan. 15, 2022)
  • HI-023 Twenty-First Proclamation (HRS § 471-10 suspension for veterinary telehealth; statewide masks) to Aug. 6, 2021; HI-024 Aug. 5 proclamation (masks; employee vaccination-or-testing); HI-026 EO 21-06 (Sept. 1, 2021) naming veterinarians
  • DE-038 Twenty-Ninth Modification § E: masks at 'facilities providing veterinary care' July 1-12, 2021
  • LA-036 137 JBE 2021 indoor masks (Aug. 4, 2021)
  • IL-042 EO 2021-20 indoor masks (eff. Aug. 30, 2021)
  • WA-070, WA-078 Orders 20-03.3 and 20-03.4 (universal indoor masks from Aug. 23, 2021); WA-077 Proc. 21-14 (veterinary settings expressly excluded from the health-care vaccination mandate)
  • NM-060 and the Aug. 17-20, 2021 New Mexico indoor mask orders (NM-063 et seq.)
  • DC-057 Mayor's Order 2021-097 universal indoor masks (July 31, 2021)
  • NV-043 county mask directive (Aug. 16-Sept. 2, 2021 file; from July 30, 2021)
  • KS-095 Douglas County youth mask order naming veterinary clinics (Aug. 18-Sept. 22, 2021)
  • MET-DEN-104, MET-DEN-114 Jefferson and Boulder County mask orders naming 'dog grooming' and settings ordered by a 'veterinary practitioner' (May 2021; expiry per metro file)
  • Federal general layer: CDC conveyance mask order 86 Fed. Reg. 8025; TSA directives; CDC eviction moratorium to Aug. 26, 2021; presidential entry proclamations and DHS land-border notices (FED-A, FED-B)
  • School, child-care and quarantine orders of the 2021-22 year reaching WF (ECO-B)

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/veterinary-animal-services.

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

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

DateOrganizerEventWhat the notice saidExhibit
Feb. 19, 2020American Pet Products Association (APPA) and Pet Industry Distributors Association (PIDA)Global Pet Expo (the pet products industry's principal trade show: manufacturers, distributors, retail buyers, veterinary-channel suppliers)'any foreign nationals that have visited China within the last 14 days are barred from entering the United States. Therefore, these attendees will not be able to participate in this year's Global Pet Expo' (Ex. SEC-26-GM-001); for 2021: 'amid continued safety concerns resulting from the global pandemic, Global Pet Expo…Ex. SEC-26-GM-001
Mar. 6, 2020Student American Veterinary Medical Association; host school Cornell University College of Veterinary Medicine (2020)SAVMA Symposium (the Student AVMA's annual symposium: lectures, wet labs, industry exhibitors)The symposium was cancelled 'after the host school, Cornell University, enacted restrictions because of the global coronavirus outbreak'; Cornell 'ordered a stop to on-campus events involving more than 100 people, including those that would draw a significant number of out-of-town visitors' (Ex. SEC-26-GM-021)Ex. SEC-26-GM-021
Mar. 13, 2020American Animal Hospital AssociationAAHA on-site accreditation evaluations (the in-person practice evaluations on which AAHA accreditation and re-accreditation depend)'For the time being, AAHA will be limiting air travel and conducting virtual rather than in-person practice evaluations' (AAHA website, Ex. SEC-26-GM-022)Ex. SEC-26-GM-022
Mar. 15, 2020MJH Life Sciences (dvm360)Fetch dvm360 Conference, Baltimore (regional CE conference and exhibit hall)'MJH Life Sciences, reacting to the COVID-19 pandemic and a government mandate, has postponed the first of its four Fetch veterinary conferences scheduled for 2020' (Ex. SEC-26-GM-029); 'pulled the plug on Fetch conferences scheduled for mid-July in Baltimore and late August in Kansas City' (Ex. SEC-26-GM-011)Ex. SEC-26-GM-029
Mar. 18, 2020Churchill Downs IncorporatedKentucky Derby (Churchill Downs spring meet; the equine industry's principal event)'The Kentucky Derby has been postponed and Land Rover Kentucky 3-Day Event canceled. Here's a list of equine events currently canceled due to the COVID-19 pandemic' (The Horse, Mar. 18, 2020, Ex. SEC-26-GM-017)Ex. SEC-26-GM-017
Apr. 17, 2020The veterinary colleges; a profession-wide 'College of Veterinary Medicine Virtual Graduation' for all graduating veterinarians on May 3, 2020Veterinary college commencement ceremonies, class of 2020 (the entry point of the industry's new-graduate hiring)'For All Graduating Veterinarians: An Online Ceremony' (Ex. SEC-26-GM-033; the pandemic stated as the reason)Ex. SEC-26-GM-033
Apr. 30, 2020Ohio Expositions Commission (a State agency)Ohio State Fair (junior and open livestock shows; 4-H dog show; commercial exhibitors)'The 2020 Ohio State Fair has been canceled' (Ohio State Fair homepage and news item of May 21, 2020, Ex. SEC-26-GM-019); the Commission is a State body acting under the Director of Health's ordersEx. SEC-26-GM-019
May 1, 2020American Veterinary Medical Association (AVMA)AVMA Annual Convention (the profession's national convention: CE, exhibit hall, House of Delegates)'With so much uncertainty surrounding the COVID-19 pandemic, we believe this is the only way to protect all our annual convention attendees, vendors, speakers and exhibitors' (AVMA letter, May 1, 2020, Ex. SEC-26-GM-004); 'AVMA determined there was no way to ensure the health and safety of convention attendees by the…Ex. SEC-26-GM-004
May 4, 2020American Veterinary Medical Association (AVMA)AVMA Annual Convention (the profession's national convention: CE, exhibit hall, House of Delegates)'With so much uncertainty surrounding the COVID-19 pandemic, we believe this is the only way to protect all our annual convention attendees, vendors, speakers and exhibitors' (AVMA letter, May 1, 2020, Ex. SEC-26-GM-004); 'AVMA determined there was no way to ensure the health and safety of convention attendees by the…Ex. SEC-26-GM-034
May 11, 2020MJH Life Sciences (dvm360)Fetch dvm360 Conference, Baltimore (regional CE conference and exhibit hall)'MJH Life Sciences, reacting to the COVID-19 pandemic and a government mandate, has postponed the first of its four Fetch veterinary conferences scheduled for 2020' (Ex. SEC-26-GM-029); 'pulled the plug on Fetch conferences scheduled for mid-July in Baltimore and late August in Kansas City' (Ex. SEC-26-GM-011)Ex. SEC-26-GM-011
May 21, 2020KC Animal Health CorridorKC Animal Health Corridor Global Animal Health Week / Animal Health Summit (Homecoming Dinner, Investment Forum: the animal-health industry's annual gathering with manufacturers and investors)'has been rebranded the Animal Health Summit in 2020 and moved online because of the COVID-19 pandemic. The largest traditional event, the Homecoming Dinner, won't take place' (Ex. SEC-26-GM-023)Ex. SEC-26-GM-023
May 22, 2020Minnesota State Agricultural SocietyMinnesota State Fair (livestock shows, 4-H and FFA exhibitions, Miracle of Birth Center staffed by veterinarians)The fair has been held 'every year with only six exceptions:... in 1945 due to federal government travel restrictions during World War II, in 1946 due to a polio epidemic, and in 2020 due to the COVID-19 pandemic' (Minnesota State Fair history page, Ex. SEC-26-GM-018)Ex. SEC-26-GM-018
June 4, 2020World Pet Association (WPA)SuperZoo (North America's largest pet retail trade show; grooming competitions and education)'It's become obvious to us that moving forward with SuperZoo 2020 in a format that abides by health and safety regulations will compromise too many components for us to deliver the experience... Therefore, we have made the decision to postpone SuperZoo 2020' (WPA interim president, June 3, 2020, Ex. SEC-26-GM-015)Ex. SEC-26-GM-015
June 4, 2020American Veterinary Medical AssociationAVMA Economic Summit (annual two-day meeting of several hundred veterinarians, practice owners, industry professionals and academics)The summit 'will be online only in 2020 because of the COVID-19 pandemic'; 'announced one month after the AVMA canceled its summer convention' (Ex. SEC-26-GM-024)Ex. SEC-26-GM-024
June 10, 2020World Dairy Expo, Inc.World Dairy Expo (the dairy industry's international trade show and cattle show; the largest annual gathering of the dairy veterinary supply chain)'The World Dairy Expo Executive Committee reached this difficult decision based on the public health orders and restrictions related to COVID-19, in place and issued by Public Health Madison & Dane County... The Alliant Energy Center, home to World Dairy Expo, is a county-owned facility that falls under the…Ex. SEC-26-GM-013
June 29, 2020Petfood Industry / WATT Global MediaPetfood Forum (the pet-food manufacturing and supply trade show and conference)'Forget about booking those flights to Tampa, Florida, and Kansas City, Missouri. The International Association of Animal Hospice and Palliative Care along with Petfood Forum 2020 will hold virtual conferences this year because of the COVID-19 pandemic' (Ex. SEC-26-GM-026)Ex. SEC-26-GM-026
July 6, 2020State Fair of TexasState Fair of Texas (livestock shows, Big Tex Youth Livestock Auction, commercial exhibitors, Texas Auto Show)'After extensive consideration of the current landscape related to the COVID-19 pandemic and the health and safety of all fairgoers, staff, business partners, and overall community, the State Fair of Texas Board of Directors has voted to cancel the 2020 State Fair of Texas... In the current climate of COVID-19, there…Ex. SEC-26-GM-003
July 17, 2020Veterinary Hospital Managers AssociationVHMA Annual Meeting and Conference (veterinary hospital managers' three-day conference)'Although the global pandemic has made it impossible to host large gatherings at this time, the VHMA board and staff have assembled a robust learning and networking event that will be delivered virtually' (VHMA website announcement, Ex. SEC-26-GM-025); 'On-site veterinary conferences have fallen like dominoes in 2020…Ex. SEC-26-GM-025
Aug. 1, 2020Southwest Veterinary Symposium (TVMA, OVMA, NMVMA, ArVMA)SWVS: Southwest Veterinary Symposium (the Texas, Oklahoma, New Mexico and Arkansas VMAs' joint conference)'We have been closely monitoring the situation with COVID-19 in Texas, and the overwhelming concerns about large indoor group meetings during this pandemic... it was a tough one to make, but a necessary one since travel restrictions by many States made the event no longer viable' (SWVS notice, Ex. SEC-26-GM-012)Ex. SEC-26-GM-012
Aug. 1, 2020Barkleigh ProductionsGroom Expo (the grooming industry's principal trade show and competition; 'over 62 hours of educational seminars' and a manufacturers' trade show)'Barkleigh Productions presents Groom Expo, an online grooming event designed for pet professionals eager to continue their education... we're bringing the excitement of a grooming show to the comfort of your home or business!' (Ex. SEC-26-GM-035)Ex. SEC-26-GM-035
Aug. 1, 2020American Quarter Horse AssociationAQHA Select World Championship Show and AQHA World Championship Show; AQHA headquarters walk-in services'AQHA is continuing to monitor the status of the coronavirus (COVID-19) pandemic and the potential effects on upcoming events and AQHA business. Walk-in service is temporarily unavailable at AQHA' (Ex. SEC-26-GM-038)Ex. SEC-26-GM-038
Aug. 12, 2020Viticus Group (formerly Western Veterinary Conference; rebranded Feb. 2020)WVC Annual Conference (Western Veterinary Conference)The date change was made 'because of public health concerns'; surveyed attendees 'felt that an autumn date for the WVC annual conference would provide more time to adjust to post-pandemic circumstances (vaccine distribution, travel safety, etc.)' (Viticus Group, as reported Aug. 12, 2020, Ex. SEC-26-GM-007)Ex. SEC-26-GM-007
Sept. 1, 2020Ohio Quarter Horse AssociationAll American Quarter Horse Congress (the world's largest single-breed horse show; trade show; Congress Super Sale)'The 2020 All American Quarter Horse Congress Has Been Cancelled. The Ohio Quarter Horse Association regretfully announces the cancellation of the 2020 All American Quarter Horse Congress' (Ex. SEC-26-GM-036)Ex. SEC-26-GM-036
Sept. 14, 2020Western Stock Show AssociationNational Western Stock Show ('the Super Bowl of Livestock Shows': livestock, rodeo and horse show; trade show; Junior Livestock Auction; Boots and Business)'We cannot risk the viability of our non-profit by incurring expenses and risking the Show being canceled due to issues beyond our control... We also have very crowded livestock barns that are difficult to socially distance so having competitors on-site simply was not a safe option' (Ex. SEC-26-GM-006)Ex. SEC-26-GM-006
Sept. 15, 2020Professional Rodeo Cowboys Association (PRCA) with Las Vegas EventsWrangler National Finals Rodeo (the PRCA's championship; the largest annual rodeo event, with its trade show)'Rodeo's iconic annual event relocates to preserve a great experience for fans. Get the latest ticket and event information' (PRCA, Ex. SEC-26-GM-037)Ex. SEC-26-GM-037
Oct. 22, 2020Westminster Kennel ClubWestminster Kennel Club Dog Show (with the Masters Agility and Masters Obedience Championships)'Due to the ever-changing government restrictions during the pandemic a move to a springtime, outdoor dog show was necessary to the show' (Westminster Kennel Club release, Ex. SEC-26-GM-014)Ex. SEC-26-GM-014
Nov. 2, 2020American Kennel ClubAKC National Championship (with the AKC Agility Invitational, Obedience Classic, Royal Canin National All-Breed Puppy and Junior Stakes)'In light of the necessary safety changes due to the COVID-19 pandemic, the American Kennel Club is pleased to offer a viewing solution... Participants and dog show enthusiasts around the world who are unable to travel can now view the entire competition while away from the rings' (Ex. SEC-26-GM-027)Ex. SEC-26-GM-027
Nov. 9, 2020North American Veterinary Community (NAVC)VMX: Veterinary Meeting & Expo (formerly NAVC Conference), 'the veterinary industry's largest and most comprehensive global conference''VMX is an event that is at its best when the entire veterinary community can participate. While we have received a very positive response from our community, most of whom plan to attend our live event in Orlando, we have also heard from those who want to attend but cannot because of ongoing travel restrictions' (NAVC…Ex. SEC-26-GM-008
Nov. 15, 2020American Veterinary Medical AssociationAVMA Veterinary Leadership Conference (VLC): CE, AVMA governance meetings (House of Delegates winter session), networking'The VLC has gone virtual!... Moving to a virtual format in 2021 to ensure the health and safety of our attendees, VLC will still offer a unique mix of CE sessions, AVMA governance meetings, and networking' (AVMA event page, Ex. SEC-26-GM-046)Ex. SEC-26-GM-046
Dec. 15, 2020American Pet Products Association (APPA) and Pet Industry Distributors Association (PIDA)Global Pet Expo (the pet products industry's principal trade show: manufacturers, distributors, retail buyers, veterinary-channel suppliers)'any foreign nationals that have visited China within the last 14 days are barred from entering the United States. Therefore, these attendees will not be able to participate in this year's Global Pet Expo' (Ex. SEC-26-GM-001); for 2021: 'amid continued safety concerns resulting from the global pandemic, Global Pet Expo…Ex. SEC-26-GM-016
Jan. 25, 2021Veterinary Hospital Managers AssociationVHMA Annual Meeting and Conference (veterinary hospital managers' three-day conference)'Although the global pandemic has made it impossible to host large gatherings at this time, the VHMA board and staff have assembled a robust learning and networking event that will be delivered virtually' (VHMA website announcement, Ex. SEC-26-GM-025); 'On-site veterinary conferences have fallen like dominoes in 2020…Ex. SEC-26-GM-030
Feb. 3, 2021Houston Livestock Show and RodeoHouston Livestock Show and Rodeo (the largest livestock exhibition and rodeo; junior market shows and auctions; horse show)City release of Mar. 11, 2020: Mayor Turner and County Judge Hidalgo declared a public health emergency and the Rodeo closed (Ex. MET-HOU-044); for 2021: 'announced the cancellation of the RODEOHOUSTON competitions, concerts and entertainment, carnival, and other attractions and activities, which were recently…Ex. SEC-26-GM-005
May 15, 2021American Veterinary Medical Association (AVMA)AVMA Annual Convention (the profession's national convention: CE, exhibit hall, House of Delegates)'With so much uncertainty surrounding the COVID-19 pandemic, we believe this is the only way to protect all our annual convention attendees, vendors, speakers and exhibitors' (AVMA letter, May 1, 2020, Ex. SEC-26-GM-004); 'AVMA determined there was no way to ensure the health and safety of convention attendees by the…Ex. SEC-26-GM-002
July 8, 2021World Pet AssociationAtlanta Pet Fair & Conference ('the Southeast's largest trade show dedicated to grooming professionals')Atlanta Pet Fair Conference 2021 Held July Pet Age ReportEx. SEC-26-GM-031
Aug. 1, 2021World Pet Association (WPA)SuperZoo (North America's largest pet retail trade show; grooming competitions and education)'It's become obvious to us that moving forward with SuperZoo 2020 in a format that abides by health and safety regulations will compromise too many components for us to deliver the experience... Therefore, we have made the decision to postpone SuperZoo 2020' (WPA interim president, June 3, 2020, Ex. SEC-26-GM-015)Ex. SEC-26-GM-032
Aug. 2, 2021World Pet Association (WPA)SuperZoo (North America's largest pet retail trade show; grooming competitions and education)'It's become obvious to us that moving forward with SuperZoo 2020 in a format that abides by health and safety regulations will compromise too many components for us to deliver the experience... Therefore, we have made the decision to postpone SuperZoo 2020' (WPA interim president, June 3, 2020, Ex. SEC-26-GM-015)Ex. SEC-26-GM-010
Aug. 11, 2021North American Veterinary Community (NAVC)VMX: Veterinary Meeting & Expo (formerly NAVC Conference), 'the veterinary industry's largest and most comprehensive global conference''VMX is an event that is at its best when the entire veterinary community can participate. While we have received a very positive response from our community, most of whom plan to attend our live event in Orlando, we have also heard from those who want to attend but cannot because of ongoing travel restrictions' (NAVC…Ex. SEC-26-GM-028
Aug. 23, 2021Viticus Group (formerly Western Veterinary Conference; rebranded Feb. 2020)WVC Annual Conference (Western Veterinary Conference)The date change was made 'because of public health concerns'; surveyed attendees 'felt that an autumn date for the WVC annual conference would provide more time to adjust to post-pandemic circumstances (vaccine distribution, travel safety, etc.)' (Viticus Group, as reported Aug. 12, 2020, Ex. SEC-26-GM-007)Ex. SEC-26-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 Veterinary and Animal 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 182 instruments in force for this selection: 3 instruments from the regulators of Veterinary and Animal Services (Governor Tim Walz (approved by the Executive Council), Emergency Executive Order 20-17 (Mar. 23, 2020) (Ex. SEC-26-004); Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001); Governor Gretchen Whitmer, Executive Order No. 2020-34 (Apr. 2, 2020) (Ex. SEC-26-009)) 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); Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264); 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); 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 Veterinary industry, as the Library records them: clinical and surgical services (CL; Ex. SEC-26-004, Ex. SEC-26-001, Ex. SEC-26-009); emergency and urgent care (EM; Ex. SEC-26-004, Ex. SEC-26-009); retail and pharmacy (RT; Ex. SEC-26-001); PPE and pharmaceutical supply (SC; Ex. SEC-26-004, Ex. SEC-26-009); office, administration and telework (OP; Ex. SEC-26-009); pet owners, breeders, shelters and agricultural clients (CB; Ex. SEC-26-004, Ex. SEC-26-001, Ex. SEC-26-009).

Step three, the change compelled. Governor Tim Walz (approved by the Executive Council), Emergency Executive Order 20-17 (Mar. 23, 2020) (Ex. SEC-26-004) ordered: "Veterinary procedures use equipment, particularly personal protective equipment ('PPE'), which is vital to stop the spread of COVID-19.... Beginning no later than March 23, 2020 at 5:00 pm, and continuing for the duration of the peacetime emergency declared in Executive Order 20-01 or until this…" Enforcement: Minn. Stat. § 12.45 (misdemeanor) as recited in EO 20-09 and EO 20-51; MDH and licensing-board enforcement under EO 20-51 Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001) ordered: "FDA is aware that during the COVID-19 outbreak some States are modifying their requirements for veterinary telemedicine, including State requirements regarding the veterinarian-client-patient relationship (VCPR). Given that the Federal VCPR definition requires animal examination and/or medically…" Enforcement: Enforcement discretion (guidance, 'Contains Nonbinding Recommendations'); the underlying rules 21 C.F.R. part 530 and § 558.6 remained in force Governor Gretchen Whitmer, Executive Order No. 2020-34 (Apr. 2, 2020) (Ex. SEC-26-009) ordered: "1. Beginning as soon as possible but no later than April 2, 2020 at 5:00 pm, and continuing while the declared emergency is in effect, all veterinary facilities must implement a plan to temporarily postpone all in-person non-essential veterinary services until the declared emergency has ended…" Enforcement: MCL 10.33 and 30.405(3): willful violation a misdemeanor; LARA director to issue enforcement orders (¶ 8) 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. Emergency Executive Order 20-17 (Ex. SEC-26-004) was in force from Mar. 23, 2020 to May 10, 2020, 49 of the quarter's 110 days; Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to… (Ex. SEC-26-001) was in force from Mar. 24, 2020 to Feb. 21, 2023, 99 of the quarter's 110 days; Executive Order No. 2020-34 (Ex. SEC-26-009) was in force from Apr. 2, 2020 to May 28, 2020, 57 of the quarter's 110 days. Of the 3 instruments in the quarter's record, 0 were in force on its first day, 1 on its last day and 0 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of a business of the Veterinary 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 164 instruments in force for this selection: 1 instrument from the regulators of Veterinary and Animal Services (Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001)) 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); 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); 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); 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 Veterinary industry, as the Library records them: clinical and surgical services (CL; Ex. SEC-26-001); retail and pharmacy (RT; Ex. SEC-26-001); pet owners, breeders, shelters and agricultural clients (CB; Ex. SEC-26-001).

Step three, the change compelled. Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001) ordered: "FDA is aware that during the COVID-19 outbreak some States are modifying their requirements for veterinary telemedicine, including State requirements regarding the veterinarian-client-patient relationship (VCPR). Given that the Federal VCPR definition requires animal examination and/or medically…" Enforcement: Enforcement discretion (guidance, 'Contains Nonbinding Recommendations'); the underlying rules 21 C.F.R. part 530 and § 558.6 remained in force The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2020 to Sept. 30, 2020, 92 days. Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to… (Ex. SEC-26-001) was in force from Mar. 24, 2020 to Feb. 21, 2023, 92 of the quarter's 92 days. Of the 1 instrument in the quarter's record, 1 was in force on its first day, 1 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 Veterinary 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 161 instruments in force for this selection: 1 instrument from the regulators of Veterinary and Animal Services (Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001)) and 160 federal instruments (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); 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); 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 Veterinary industry, as the Library records them: clinical and surgical services (CL; Ex. SEC-26-001); retail and pharmacy (RT; Ex. SEC-26-001); pet owners, breeders, shelters and agricultural clients (CB; Ex. SEC-26-001).

Step three, the change compelled. Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001) ordered: "FDA is aware that during the COVID-19 outbreak some States are modifying their requirements for veterinary telemedicine, including State requirements regarding the veterinarian-client-patient relationship (VCPR). Given that the Federal VCPR definition requires animal examination and/or medically…" Enforcement: Enforcement discretion (guidance, 'Contains Nonbinding Recommendations'); the underlying rules 21 C.F.R. part 530 and § 558.6 remained in force 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. Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to… (Ex. SEC-26-001) was in force from Mar. 24, 2020 to Feb. 21, 2023, 92 of the quarter's 92 days. Of the 1 instrument in the quarter's record, 1 was in force on its first day, 1 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 Veterinary 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 177 instruments in force for this selection: 2 instruments from the regulators of Veterinary and Animal Services (Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001); Secretary of Health and Human Services (Acting Secretary Norris Cochran), Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Mar. 11, 2021) (Ex. SEC-26-003)) and 175 federal instruments (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); 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); 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 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 Veterinary industry, as the Library records them: clinical and surgical services (CL; Ex. SEC-26-001); retail and pharmacy (RT; Ex. SEC-26-001); hiring, credentialing and State board licensure (HR; Ex. SEC-26-003); workforce availability (WF; Ex. SEC-26-003); pet owners, breeders, shelters and agricultural clients (CB; Ex. SEC-26-001).

Step three, the change compelled. Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001) ordered: "FDA is aware that during the COVID-19 outbreak some States are modifying their requirements for veterinary telemedicine, including State requirements regarding the veterinarian-client-patient relationship (VCPR). Given that the Federal VCPR definition requires animal examination and/or medically…" Enforcement: Enforcement discretion (guidance, 'Contains Nonbinding Recommendations'); the underlying rules 21 C.F.R. part 530 and § 558.6 remained in force Secretary of Health and Human Services (Acting Secretary Norris Cochran), Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Mar. 11, 2021) (Ex. SEC-26-003) ordered: "[Qualified persons include] a... dentist, podiatrist, optometrist or veterinarian licensed or certified to practice under the law of any state who prescribes, dispenses, or administers COVID-19 vaccines that are Covered Countermeasures under section VI of this Declaration in any jurisdiction where…" Enforcement: Liability immunity conditioned on the listed requirements (CDC training, ACIP recommendations, observation, reporting) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to… (Ex. SEC-26-001) was in force from Mar. 24, 2020 to Feb. 21, 2023, 90 of the quarter's 90 days; Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Ex. SEC-26-003) was in force from Mar. 11, 2021 to Sept. 30, 2021, 21 of the quarter's 90 days. Of the 2 instruments in the quarter's record, 1 was in force on its first day, 2 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 Veterinary 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 167 instruments in force for this selection: 2 instruments from the regulators of Veterinary and Animal Services (Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001); Secretary of Health and Human Services (Acting Secretary Norris Cochran), Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Mar. 11, 2021) (Ex. SEC-26-003)) and 165 federal instruments (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); 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); 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); 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 Veterinary industry, as the Library records them: clinical and surgical services (CL; Ex. SEC-26-001); retail and pharmacy (RT; Ex. SEC-26-001); hiring, credentialing and State board licensure (HR; Ex. SEC-26-003); workforce availability (WF; Ex. SEC-26-003); pet owners, breeders, shelters and agricultural clients (CB; Ex. SEC-26-001).

Step three, the change compelled. Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001) ordered: "FDA is aware that during the COVID-19 outbreak some States are modifying their requirements for veterinary telemedicine, including State requirements regarding the veterinarian-client-patient relationship (VCPR). Given that the Federal VCPR definition requires animal examination and/or medically…" Enforcement: Enforcement discretion (guidance, 'Contains Nonbinding Recommendations'); the underlying rules 21 C.F.R. part 530 and § 558.6 remained in force Secretary of Health and Human Services (Acting Secretary Norris Cochran), Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Mar. 11, 2021) (Ex. SEC-26-003) ordered: "[Qualified persons include] a... dentist, podiatrist, optometrist or veterinarian licensed or certified to practice under the law of any state who prescribes, dispenses, or administers COVID-19 vaccines that are Covered Countermeasures under section VI of this Declaration in any jurisdiction where…" Enforcement: Liability immunity conditioned on the listed requirements (CDC training, ACIP recommendations, observation, reporting) 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. Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to… (Ex. SEC-26-001) was in force from Mar. 24, 2020 to Feb. 21, 2023, 91 of the quarter's 91 days; Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Ex. SEC-26-003) was in force from Mar. 11, 2021 to Sept. 30, 2021, 91 of the quarter's 91 days. Of the 2 instruments in the quarter's record, 2 were in force on its first day, 2 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 Veterinary 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 169 instruments in force for this selection: 2 instruments from the regulators of Veterinary and Animal Services (Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001); Secretary of Health and Human Services (Acting Secretary Norris Cochran), Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Mar. 11, 2021) (Ex. SEC-26-003)) and 167 federal instruments (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); 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); 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); 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 Veterinary industry, as the Library records them: clinical and surgical services (CL; Ex. SEC-26-001); retail and pharmacy (RT; Ex. SEC-26-001); hiring, credentialing and State board licensure (HR; Ex. SEC-26-003); workforce availability (WF; Ex. SEC-26-003); pet owners, breeders, shelters and agricultural clients (CB; Ex. SEC-26-001).

Step three, the change compelled. Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001) ordered: "FDA is aware that during the COVID-19 outbreak some States are modifying their requirements for veterinary telemedicine, including State requirements regarding the veterinarian-client-patient relationship (VCPR). Given that the Federal VCPR definition requires animal examination and/or medically…" Enforcement: Enforcement discretion (guidance, 'Contains Nonbinding Recommendations'); the underlying rules 21 C.F.R. part 530 and § 558.6 remained in force Secretary of Health and Human Services (Acting Secretary Norris Cochran), Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Mar. 11, 2021) (Ex. SEC-26-003) ordered: "[Qualified persons include] a... dentist, podiatrist, optometrist or veterinarian licensed or certified to practice under the law of any state who prescribes, dispenses, or administers COVID-19 vaccines that are Covered Countermeasures under section VI of this Declaration in any jurisdiction where…" Enforcement: Liability immunity conditioned on the listed requirements (CDC training, ACIP recommendations, observation, reporting) 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. Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to… (Ex. SEC-26-001) was in force from Mar. 24, 2020 to Feb. 21, 2023, 92 of the quarter's 92 days; Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Ex. SEC-26-003) was in force from Mar. 11, 2021 to Sept. 30, 2021, 92 of the quarter's 92 days. Of the 2 instruments in the quarter's record, 2 were in force on its first day, 2 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 Veterinary 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 Veterinary and Animal 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 public 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: No orders in effect during the quarter

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

For every quarter, the 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 quarter tables on this page tabulate them. For the third quarter of 2021 alone the list runs to the DEA exceptions, the PREP Act designation and the federal importation and scarce-materials orders, the conveyance, testing, entry and border orders, the workplace standards of California, Oregon and Virginia with Oregon's restored appendix written for veterinary clinics, the telemedicine and licensing regimes of California, Pennsylvania, Maine, Kentucky and Hawaii, Delaware's veterinary-facility face-covering and exclusion requirements, the indoor face-covering and exposure-control orders of seven States and the District of Columbia, the reinstatements of more than twenty-five metropolitan areas, the emergencies of thirty-five and then twenty-five jurisdictions, and the school orders of at least eighteen States. 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 recorded that the 2024 letters issued on "a risk-scoring analytic process" and not an 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 Oregon Administrative Rules or the California Department of Consumer Affairs' orders.

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Sentence 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 designations that let a veterinary practice operate exempted it from nothing: not from Colorado's, Minnesota's, Oregon's, Michigan's, Indiana's and Utah's suspension of its elective work, not from Minnesota's, New Jersey's, Oregon's and Michigan's PPE inventory, surrender and minimization orders, not from the recommencement conditions, the workplace rules, the waiting-room limits or the face-covering and screening controls named for "veterinary clinic"; the designation was the premise of those conditions, never a release from them. 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 that an employer operating "an essential business," in the Notice's words, "may, nonetheless, be considered to have a partial suspension of its operations if a governmental order requires the business to close for a period of time during normal working hours"; its own Example 4 finds an essential hospital partially suspended when the order treated its elective procedures as non-essential; 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 veterinary practice whose elective surgeries were postponed by order, whose waiting room was closed to every customer, whose PPE was inventoried for the State and whose consultations were compelled to telemedicine "remained open" in exactly the sense Example 4's hospital remained open. An employer that remained open under an order that fixed how open it could be was partially suspended by that order.

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Sentence 3: Stay-at-home orders directed to the public are not considered

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 business operations in terms: "all veterinary facilities must implement a plan to temporarily postpone all in-person non-essential veterinary services"; "all voluntary or elective surgeries or procedures, whether medical, dental, or veterinary, are suspended"; "Animal grooming services cannot operate under any circumstances"; "veterinary employers must provide and ensure the use of personal protective equipment." And the stay-at-home orders themselves were directed at this industry's commerce: Michigan permitted travel only for "veterinary services that, in accordance with a duly implemented ... veterinary services postponement plan, have not been postponed," which is an order to the public about which veterinary transactions could occur. The position rewrites the statute and misdescribes the orders.

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Sentence 4: Comparable operations through telework

The employer could have continued comparable operations through telework.

"Comparable operations" and "telework" are not in the statute; Tri-State defines a partial suspension as a temporary delay, interruption or termination of a portion of the business, and a practice whose surgical suite was closed by order to elective work, whose waiting room was closed to every customer and whose examinations were converted to telephone consultations had had a portion of its operation terminated for the duration of the order. The Notice's own words say the same. 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 and can serve some patients remotely, while "employees cannot access specific equipment or tools that they typically use in therapy" and not everyone can be served remotely, 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. No spay, dental cleaning, radiograph, fracture repair, bath or boarding run is performed by video. Telemedicine was the modification Michigan's order compelled ("all veterinary services, essential and non-essential, must be performed by telemedicine to the fullest extent possible") that six States made lawful by waiver and that the FDA's enforcement policy accommodated, because the orders had made the examination impossible; it was not a comparable operation the employer chose. 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: The orders affected the customers, not the employer (Q&A-13)

The orders affected the employer's customers, not the employer.

Q&A-13 addresses an employer that "responds to the lack of demand by suspending some or all of its operations." This analysis relies on no response to demand. It relies on orders addressed to the veterinary facility itself (the suspension, recommencement, PPE, workplace, waiting-room, face-covering and licensing orders of the layers and quarters sections), and it relies on the orders on the industry's customers, suppliers, schools and counterparties as orders limiting commerce, travel and group meetings under the statute's text, under Q&A-12's logic and under the United States' representation that a third-party order counts. A stay-at-home order on the customer base is itself an order limiting commerce, and the commerce it limited was this industry's: the customer whom Michigan permitted to travel only for un-postponed veterinary services was this industry's customer, and the order that so confined him was an order about this industry's transactions. Q&A-13's own example states that the order it describes "limits travel"; Q&A-13 cannot be reconciled with Q&A-10's listing of the shelter-in-place proclamation, with Q&A-12's supplier rule or with the United States' third-party representation; and its extension from "an essential business that is not required to close its physical locations," FAQ 32's words, to every employer and to any "reduction in demand" was made on March 1, 2021, eleven months after the second quarter of 2020. The ground does not describe an employer whose surgeries, waiting rooms, grooming tables and PPE were ordered, and the Service's invocation of it against this industry misdescribes both the orders and the industry.

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

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

The employer's measures were voluntary.

A postponement plan adopted because Executive Order 2020-34 required it, a PPE inventory filed because Executive Order 20-16 required it, an elective procedure conditioned because Public Health Order 20-29 required it, a grooming appointment taken curbside "in a crate" because Kentucky's Healthy at Work requirements required it, and a face covering on every customer because the Secretary of Health of Pennsylvania required it, as one of the exposure controls the Commonwealth placed on its health-care settings, are not voluntary. Q&A-14 by its own terms reaches only a suspension "not due to a governmental 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 that "the required protocols and procedures to comply with the Proclamation" were caused by the order and that "Plaintiff was required to make these changes to ensure compliance with the Proclamation." A modification traced to an order with an exhibit identifier is not voluntary, and the position that it was describes an employer this analysis does not describe.

The United States and the District Court have defined the employer Q&A-14 excludes as one "not being ordered to do so" and one that "chooses not to" continue comparable operations. No veterinary practice, grooming salon or shelter in the principal States answered that description in any of the six quarters. The reopening orders permitted operation only on conditions with the force of law: Michigan's postponement plan and workplace safeguards, Colorado's "Veterinary Facilities" regime and workplace measures, Oregon's condition of compliance with Health Authority guidance declared a public health law, Minnesota's Preparedness Plan, Pennsylvania's "provided that the businesses fully comply" clause and Texas's occupancy command, each backed by a penalty the order recited or, for Pennsylvania, 71 P.S. § 1409 and 35 P.S. § 521.20(a) supplied. The standing statutes commanded the same conduct independently: the communicable-disease control acts and their offenses, the emergency acts' penalties, the workplace-safety duties of Texas, Michigan, Oregon, Minnesota, California, Pennsylvania and Virginia, and the general duty clause, 29 U.S.C. § 654(a)(1), enforced by citation from September 2020. The legislatures then fixed the standard of care as compliance with governmental standards, guidance and protocols, Texas for every action commenced on or after March 13, 2020 and Michigan for every exposure after March 1, 2020. The safe-workplace statute had no COVID-19 content until the health authorities said what a safe workplace required; the curbside protocol, the screening at the door, the distanced waiting room and the face covering on every person who entered 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 say the same: a modification "required by a governmental order as a condition of reopening" is a partial suspension due to the order. A statute that commands conduct is an order from an appropriate governmental authority, and the Service's premise fails wherever a command reached the employer; in this industry one reached every employer in every State and every quarter, as the standing-duties subsection of the layers section shows.

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Sentence 7: The portion affected was not more than nominal

The portion of the business affected was not more than nominal.

The ten percent figure is, in the United States' words, "not determinative," "[e]ffectively ... a safe harbor," "not an eligibility requirement," "a quintessential safe harbor," "a safe harbor rather than a hard floor"; the District Court held it "is not an exclusionary cut-off point"; and Tri-State held that the Notice "provides a method for the test to be met not as a requirement to meet the test" and that reading it as a requirement "would read requirements into the statute that do not exist." The showing for this industry exceeds the safe harbor many times over as a matter of the orders' own terms: the elective and non-essential clinical line, the largest revenue line of a veterinary practice, was suspended in terms in six States; the grooming line was closed in at least fourteen; the waiting room was closed everywhere; and the AVMA's April 2020 survey found nearly every practice reporting a decline in revenue, close to a fifth seeing only emergency cases and about five percent seeing no customers at all. The position applies as a floor a figure the United States has told two federal courts is not one, and a figure that did not exist until March 1, 2021.

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Sentence 8: The required modifications had only a nominal effect (Q&A-18)

The required modifications (masks, gloves, spacing, screening) had only a nominal effect on operations.

The modifications described here are the postponement of elective surgery, the closure of the waiting room, the conversion of the examination to telemedicine, the inventory and surrender of PPE, the closure of the grooming room and its reopening by appointment and curbside, the twenty-five and ten percent occupancy regimes of the winter, and the workplace standards of four States; the face-covering orders of July through September 2021 are cited as what they are: workplace infection-prevention and exposure-control requirements from appropriate governmental authorities, enforced by fine, that conditioned every premises in the States and cities that issued them and carried the entry, business-enforcement and COVID-Safe-Practices conditions their texts imposed. Q&A-18 itself lists "requiring services to be performed only on an appointment basis (for businesses that previously offered walk-in service)" and "changing the format of service" among the modifications "required by a governmental order as a condition of reopening," 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"; the United States told the District Court that "employees having to wear face masks may impact business operations"; and 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. Q&A-18's categorical sentence that mask requirements "will not result in more than a nominal effect" is a factual conclusion stated as a rule, with no record, first published March 1, 2021, and it contradicts Q&A-18's own first paragraph; it has no force of law and is not applied here. A veterinary clinic at ten percent occupancy is not a modification with a nominal effect; it is a ninety percent closure. A grooming salon confined to appointments, with the customer in the car and the dog in a crate, is not a premises with a sign on the door; it is a salon operating at the throughput the order allowed.

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

A declaration of emergency is not an order.

This analysis relies on no bare declaration as a suspending order. Each instrument in the layers and 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, or as proof of a period, which the Notice's own text allows: Q&A-10 excludes a declaration only "if it does not limit commerce, travel, or group meetings in any manner," and Hawaii's proclamations, which are both declarations and rules "that shall have the force and effect of law," and Kentucky's joint resolutions, which both extend the emergency and extend the Board of Veterinary Examiners Order, limit commerce in terms. The ground answers an argument this analysis does not make.

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Sentence 10: The supplier was not itself closed by order (AM 2023-005)

The supplier was not itself closed by order; supply-chain effects are too attenuated.

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 of this industry were closed or conditioned by order with a date and an exhibit identifier: the distributor's respirators by the Defense Production Act orders, the scarce-materials designation and the FEMA export rule; the veterinary facility's own PPE by the inventory, surrender and minimization orders of Minnesota, New Jersey, Oregon and Michigan; the importer's dogs by the CDC's suspension; the plant of the agricultural customer by Executive Order 13917 and the outbreak closures; the school of the technician's child by the closure orders of every State. 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"; Q&A-12's words contain no "narrow, limited exception," no requirement that the order apply to the employer and no alternate-supplier element, and that memorandum's scenarios (a jurisdiction that "lifted all orders related to COVID in May 2020") describe no State in the Library. Causation is but-for on the United States' own agreed definition: absent the allocation rule, no law kept the respirators from the veterinary distributor's shelf. The position describes an attenuated chain this analysis does not rely on; a federal allocation order on the very goods a surgery requires 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: The orders had lifted before the quarter began

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

For the third quarter of 2021 the orders had not lifted: subpart B of the third-quarter section lists, with dates, the orders in force on July 1 and September 30, 2021, and the closing paragraph of that section (What this analysis does not claim was in force) 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 30 ended at midnight, it misreads the clause, which asks whether the operation "is fully or partially suspended during the calendar quarter," and it contradicts Tri-State's definition of a suspension as a "delay," Q&A-22's whole-quarter rule and Q&A-16's transition rule. The Chief Counsel memorandum on which the position rests asks whether a lifted order "constitute[s] a governmental order in subsequent calendar quarters"; the statute asks a different question, whether the operation was suspended during the quarter due to orders, and that memorandum "may not be used or cited as precedent." An Oregon veterinary clinic released from Executive Order 20-22 at 12:01 a.m. June 30, 2021 after 464 days under condition, and placed under a restored appendix written for veterinary clinics on August 13, 2021, was not operating normally on July 1. 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: No decline in gross receipts

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

The gross-receipts prong is not relied on. The statute makes an employer eligible on either prong, and the United States agreed in Tri-State that the gross-receipts test is "another method to qualify," on which the court held that "the fact an employer can be eligible and affected without partial or full suspension is reasonable" and that the prong "does not make the Gross Receipts Test superfluous with the plain language interpretation of 'partial suspension' but instead logical within the scope of the act." 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."

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

Sentence 13: The instruments are guidance, not orders

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

Every instrument this analysis relies on as a suspending order is an executive order, proclamation, public health order, emergency rule, regulation, statute, joint resolution, administrative order or licensing order with the force of law, issued under a recited statutory or constitutional power and enforced by misdemeanor, civil penalty, citation, license discipline, refusal of boarding or refusal of entry: Michigan's Executive Order 2020-34 ("a willful violation of this order is a misdemeanor"); Colorado's D 2020 009 and PHO 20-29; Minnesota's Executive Orders 20-17, 20-16 and 20-51 under Minn. Stat. § 12.45; Oregon's Executive Orders 20-10 and 20-22 under ORS 401.990 and Oregon OSHA's OAR 437-001-0744 under ORS 654.071; Virginia's 16VAC25-220 under Va. Code § 40.1-49.4; Cal/OSHA's section 3205 under Labor Code § 6317; the DCA waivers under Government Code § 8571; the Pennsylvania Acts and the Kentucky joint resolutions; Hawaii's proclamations "as rules that shall have the force and effect of law"; the CDC's conveyance order under 18 U.S.C. §§ 3559 and 3571 and its dog-importation suspension under 42 U.S.C. § 264; the face-covering orders of every State under its criminal code. Where this analysis cites a guidance document, it says so and treats it as what it is: FDA's Guidance for Industry #269 is guidance by its own legend and is cited as the federal accommodation to the State orders and as dated proof of the compelled substitute; the CISA list is advisory by its own words and is cited only as the text the State orders incorporated, the binding instrument being the State order; the AVMA's pages are the industry association's account of the period and are never treated as orders; California's face-covering guidance of July 28, 2021 is a recommendation and is cited as the text the county orders made mandatory. The State Public Health Officer's document of June 18, 2020 carries the same title and commands in terms ("People in California must wear face coverings"), naming the veterinary clinic; it is cited as the requirement it states, not as a recommendation. 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 misdemeanor, citation, license or refusal of entry is not a recommendation, and the position that it is misdescribes every instrument this analysis names as an order.

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Sentence 14: "Order" must be given its ordinary meaning

"Order" must be given its ordinary meaning.

Agreed. An "order" is "[a]n authoritative indication to be obeyed; a command or direction," and to order is "to give an order to : command"; the United States agreed in Tri-State that the clause is read by "plain meaning," and Chief Counsel's own dictionary work defines "order" as "a command or mandate delivered by a government official." Every instrument in the determinations of the quarters section is a command from a competent authority to do or refrain from doing something on pain of sanction: postpone your elective surgeries; inventory your PPE and send the list to the State; perform your services by telemedicine to the fullest extent possible; do not operate your grooming service under any circumstances; mask every person who enters your clinic; exclude your exposed and infected employees from the workplace; provide and ensure the use of personal protective equipment. 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: 349 records, of which The COVID Project holds the document for 341. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

ExhibitInstrumentIssuerDateCitationRecord URLExhibit file
Ex. AGY-FED-HEALTH-OTHER-009DEA-DC-016, COVID-19 Information Page: Telemedicine (designation that the section 802(54)(D) telemedicine allowance applies to all schedule II-V controlled…Drug Enforcement Administration, Diversion Control Division (with the HHS Secretary's designation of Mar. 16, 2020)Mar. 16, 2020Drug Enforcement Administration, Diversion Control Division (with the HHS Secretary's designation of Mar. 16, 2020), DEA-DC-016, COVID-19 Information Page: Telemedicine (designation that the section 802(54)(D) telemedicine allowance applies to all schedule II-V controlled substances in all areas of the United States) (Mar. 16, 2020) (Ex. AGY-FED-HEALTH-OTHER-009)/library/AGY-FED-HEALTH-OTHER-009/exhibit/AGY-FED-HEALTH-OTHER-009
Ex. AGY-FED-HEALTH-OTHER-126Notice, Temporary Suspension of Dogs Entering the United States From High-Risk Rabies Countries, 86 Fed. Reg. 32041 (June 16, 2021)Centers for Disease Control and Prevention, HHSJune 16, 2021Centers for Disease Control and Prevention, HHS, Notice, Temporary Suspension of Dogs Entering the United States From High-Risk Rabies Countries, 86 Fed. Reg. 32041 (June 16, 2021) (Ex. AGY-FED-HEALTH-OTHER-126)/library/AGY-FED-HEALTH-OTHER-126/exhibit/AGY-FED-HEALTH-OTHER-126
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-091DBPR Emergency Order 2020-04 (suspending the 'response to damage caused by an event' limitation on condominium, cooperative and homeowners' association…Halsey Beshears, Secretary, Florida DBPRMar. 27, 2020Halsey Beshears, Secretary, Florida DBPR, DBPR Emergency Order 2020-04 (suspending the 'response to damage caused by an event' limitation on condominium, cooperative and homeowners' association emergency powers; tolling association and timeshare financial-report deadlines; waiving harbor-pilot assessments; suspending restrictions on veterinary telemedicine) (Mar. 27, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-091)/library/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-091/exhibit/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-091
Ex. AGY-ST-HEALTH-BOARDS-029DCA Waiver DCA-20-21, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (Veterinary Medical Board)Kimberly Kirchmeyer, Director, Department of Consumer AffairsJune 4, 2020Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-21, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (Veterinary Medical Board) (June 4, 2020) (Ex. AGY-ST-HEALTH-BOARDS-029)/library/AGY-ST-HEALTH-BOARDS-029/exhibit/AGY-ST-HEALTH-BOARDS-029
Ex. AGY-ST-HEALTH-BOARDS-035DCA Waiver DCA-20-99, Order Further Extending June 4, 2020, Order Waiving Restrictions on Telemedicine and Extending Time to Refill PrescriptionsKimberly Kirchmeyer, Director, Department of Consumer AffairsDec. 15, 2020Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-20-99, Order Further Extending June 4, 2020, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (Dec. 15, 2020) (Ex. AGY-ST-HEALTH-BOARDS-035)/library/AGY-ST-HEALTH-BOARDS-035/exhibit/AGY-ST-HEALTH-BOARDS-035
Ex. AGY-ST-HEALTH-BOARDS-036DCA Waiver DCA-21-105, Order Waiving Restrictions on Registered Nurse Temporary LicensesKimberly Kirchmeyer, Director, Department of Consumer AffairsJan. 25, 2021Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-105, Order Waiving Restrictions on Registered Nurse Temporary Licenses (Jan. 25, 2021) (Ex. AGY-ST-HEALTH-BOARDS-036)/library/AGY-ST-HEALTH-BOARDS-036/exhibit/AGY-ST-HEALTH-BOARDS-036
Ex. AGY-ST-HEALTH-BOARDS-037DCA Waiver DCA-21-137, Order Waiving Restrictions on Licensed Midwives, Physician Assistants, Respiratory Care Practitioners, and Veterinarians Ordering and…Kimberly Kirchmeyer, Director, Department of Consumer AffairsMar. 30, 2021Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-137, Order Waiving Restrictions on Licensed Midwives, Physician Assistants, Respiratory Care Practitioners, and Veterinarians Ordering and Administering COVID-19 Vaccines in Association with State or Local Vaccination Efforts (Mar. 30, 2021) (Ex. AGY-ST-HEALTH-BOARDS-037)/library/AGY-ST-HEALTH-BOARDS-037/exhibit/AGY-ST-HEALTH-BOARDS-037
Ex. AGY-ST-HEALTH-BOARDS-040DCA Waiver DCA-21-173, Order Further Extending DCA-21, 20-42, 20-59, 20-99, 21-126, and 21-151, Order Waiving Restrictions on Telemedicine and Extending Time to…Kimberly Kirchmeyer, Director, Department of Consumer AffairsJuly 1, 2021Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-173, Order Further Extending DCA-21, 20-42, 20-59, 20-99, 21-126, and 21-151, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (July 1, 2021) (Ex. AGY-ST-HEALTH-BOARDS-040)/library/AGY-ST-HEALTH-BOARDS-040/exhibit/AGY-ST-HEALTH-BOARDS-040
Ex. AGY-ST-HEALTH-BOARDS-042DCA Waiver DCA-21-193, Order Further Extending DCA-21, 20-42, 20-59, 20-99, 21-126, 21-151, and 21-173, Order Waiving Restrictions on Telemedicine and Extending…Kimberly Kirchmeyer, Director, Department of Consumer AffairsAug. 31, 2021Kimberly Kirchmeyer, Director, Department of Consumer Affairs, DCA Waiver DCA-21-193, Order Further Extending DCA-21, 20-42, 20-59, 20-99, 21-126, 21-151, and 21-173, Order Waiving Restrictions on Telemedicine and Extending Time to Refill Prescriptions (Aug. 31, 2021) (Ex. AGY-ST-HEALTH-BOARDS-042)/library/AGY-ST-HEALTH-BOARDS-042/exhibit/AGY-ST-HEALTH-BOARDS-042
Ex. CA-016Guidance for the Use of Face Coverings (mandatory)California Department of Public HealthJune 18, 2020California Department of Public Health, Guidance for the Use of Face Coverings (mandatory) (June 18, 2020) (Ex. CA-016)/library/CA-016/exhibit/CA-016
Ex. CA-024COVID-19 Prevention Emergency Temporary Standards as readopted, 8 C.C.R. secs. 3205-3205.4Occupational Safety and Health Standards Board (Cal/OSHA)June 17, 2021Occupational Safety and Health Standards Board (Cal/OSHA), COVID-19 Prevention Emergency Temporary Standards as readopted, 8 C.C.R. secs. 3205-3205.4 (June 17, 2021) (Ex. CA-024)/library/CA-024/exhibit/CA-024
Ex. CA-029State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint)State Public Health Officer Tomas J. AragonJune 11, 2021State Public Health Officer Tomas J. Aragon, State Public Health Officer Order of June 11, 2021 (Beyond the Blueprint) (Ex. CA-029)/library/CA-029/exhibit/CA-029
Ex. CA-035Guidance for the Use of Face Coverings (July 28, 2021)California Department of Public HealthJuly 28, 2021California 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-007Executive Order D 2020 009Governor Jared PolisMar. 19, 2020Governor Jared Polis, Executive Order D 2020 009 (Mar. 19, 2020) (Ex. CO-007)/library/CO-007/exhibit/CO-007
Ex. CO-020Public Health Order 20-28 Safer at Home, § II.I and Appendices (existing library exhibit; cross-reference)Jill Hunsaker Ryan, Executive Director, CDPHEApr. 26, 2020Jill Hunsaker Ryan, Executive Director, CDPHE, Public Health Order 20-28 Safer at Home, § II.I and Appendices (existing library exhibit; cross-reference) (Apr. 26, 2020) (Ex. CO-020)/library/CO-020/exhibit/CO-020
Ex. CO-022Public Health Order 20-29CDPHE, Executive Director Jill Hunsaker RyanApr. 27, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Public Health Order 20-29 (Apr. 27, 2020) (Ex. CO-022)/library/CO-022/exhibit/CO-022
Ex. CO-037Second Amended Public Health Order 20-36CDPHE, Executive Director Jill Hunsaker RyanNov. 20, 2020CDPHE, Executive Director Jill Hunsaker Ryan, Second Amended Public Health Order 20-36 (Nov. 20, 2020) (Ex. CO-037)/library/CO-037/exhibit/CO-037
Ex. CO-088Executive Order D 2020 020Governor Jared PolisApr. 1, 2020Governor Jared Polis, Executive Order D 2020 020 (Apr. 1, 2020) (Ex. CO-088)/library/CO-088/exhibit/CO-088
Ex. CO-094Thirteenth Amended Public Health Order 20-29CDPHE, Executive Director Jill Hunsaker RyanApr. 9, 2021CDPHE, Executive Director Jill Hunsaker Ryan, Thirteenth Amended Public Health Order 20-29 (Apr. 9, 2021) (Ex. CO-094)/library/CO-094/exhibit/CO-094
Ex. DC-057Mayor's Order 2021-097Mayor Muriel BowserJuly 29, 2021Mayor Muriel Bowser, Mayor's Order 2021-097 (July 29, 2021) (Ex. DC-057)/library/DC-057/exhibit/DC-057
Ex. DE-038Twenty-Ninth Modification of the Declaration of a State of EmergencyGovernor John C. CarneyMay 18, 2021Governor John C. Carney, Twenty-Ninth Modification of the Declaration of a State of Emergency (May 18, 2021) (Ex. DE-038)/library/DE-038/exhibit/DE-038
Ex. DUT-FED-00129 U.S.C. 654 (OSH Act § 5, the general duty clause)Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)standingCongress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)/library/DUT-FED-001/exhibit/DUT-FED-001
Ex. FED-001Proclamation 9994President Donald J. TrumpMar. 13, 2020President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)/library/FED-001/exhibit/FED-001
Ex. FED-002Notice of February 24, 2021President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)/library/FED-002/exhibit/FED-002
Ex. FED-006Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)Mar. 13, 2020President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)/library/FED-006/exhibit/FED-006
Ex. FED-007Memorandum of January 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)Jan. 21, 2021President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)/library/FED-007/exhibit/FED-007
Ex. FED-009Memorandum of August 17, 2021President Joseph R. Biden, Jr.Aug. 17, 2021President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)/library/FED-009/exhibit/FED-009
Ex. FED-010Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel CoronavirusAlex M. Azar II, Secretary of Health and Human ServicesJan. 31, 2020Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)/library/FED-010/exhibit/FED-010
Ex. FED-011Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)Alex M. Azar II, Secretary of HHSApr. 21, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)/library/FED-011/exhibit/FED-011
Ex. FED-012Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)Alex M. Azar II, Secretary of HHSJuly 23, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)/library/FED-012/exhibit/FED-012
Ex. FED-013Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)Alex M. Azar II, Secretary of HHSOct. 2, 2020Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)/library/FED-013/exhibit/FED-013
Ex. FED-014Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)Alex M. Azar II, Secretary of HHSJan. 7, 2021Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)/library/FED-014/exhibit/FED-014
Ex. FED-015Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)Xavier Becerra, Secretary of HHSApr. 15, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)/library/FED-015/exhibit/FED-015
Ex. FED-016Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)Xavier Becerra, Secretary of HHSJuly 19, 2021Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)/library/FED-016/exhibit/FED-016
Ex. FED-020CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)Jan. 29, 2021Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)/library/FED-020/exhibit/FED-020
Ex. FED-022CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)Sept. 1, 2020Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)/library/FED-022/exhibit/FED-022
Ex. FED-023CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)Centers for Disease Control and Prevention, HHSJan. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)/library/FED-023/exhibit/FED-023
Ex. FED-024CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)Centers for Disease Control and Prevention, HHSMar. 29, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)/library/FED-024/exhibit/FED-024
Ex. FED-025CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)Centers for Disease Control and Prevention, HHSJune 24, 2021Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)/library/FED-025/exhibit/FED-025
Ex. FED-026CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19Centers for Disease Control and Prevention, HHSAug. 3, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)/library/FED-026/exhibit/FED-026
Ex. FED-027CDC No Sail Order and Suspension of Further EmbarkationCenters for Disease Control and Prevention, HHS (CDC Director)Mar. 14, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)/library/FED-027/exhibit/FED-027
Ex. FED-028No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)Centers for Disease Control and Prevention, HHSApr. 9, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)/library/FED-028/exhibit/FED-028
Ex. FED-029No Sail Order; Second Modification and Extension (July 16, 2020)Centers for Disease Control and Prevention, HHSJuly 16, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)/library/FED-029/exhibit/FED-029
Ex. FED-030No Sail Order; Third Modification and Extension (Sept. 30, 2020)Centers for Disease Control and Prevention, HHSSept. 30, 2020Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)/library/FED-030/exhibit/FED-030
Ex. FED-031CDC Framework for Conditional Sailing OrderCenters for Disease Control and Prevention, HHSOct. 30, 2020Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)/library/FED-031/exhibit/FED-031
Ex. FED-032Notice: Conditional Sailing Order Technical Instructions and Operations ManualCenters for Disease Control and Prevention, HHSMay 5, 2021Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)/library/FED-032/exhibit/FED-032
Ex. FED-034CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')Centers for Disease Control and Prevention, HHS (CDC Director)Mar. 20, 2020Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)/library/FED-034/exhibit/FED-034
Ex. FED-036Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)Centers for Disease Control and Prevention, HHSMay 19, 2020Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)/library/FED-036/exhibit/FED-036
Ex. FED-037CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)Centers for Disease Control and Prevention, HHSOct. 13, 2020Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)/library/FED-037/exhibit/FED-037
Ex. FED-038Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)Centers for Disease Control and Prevention, HHSAug. 2, 2021Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)/library/FED-038/exhibit/FED-038
Ex. FED-039Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…Centers for Disease Control and Prevention, HHSMar. 20, 2020Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)/library/FED-039/exhibit/FED-039
Ex. FED-040CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United KingdomCenters for Disease Control and Prevention, HHSDec. 25, 2020Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)/library/FED-040/exhibit/FED-040
Ex. FED-041CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…Centers for Disease Control and Prevention, HHSJan. 12, 2021Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)/library/FED-041/exhibit/FED-041
Ex. FED-042CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)Jan. 25, 2021Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)/library/FED-042/exhibit/FED-042
Ex. FED-048Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…Centers for Disease Control and Prevention, HHSSept. 11, 2020Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)/library/FED-048/exhibit/FED-048
Ex. FED-050TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)Jan. 31, 2021Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)/library/FED-050/exhibit/FED-050
Ex. FED-051Security Directive SD 1582/84-21-01A, Security Measures - Mask RequirementsTransportation Security Administration, DHSApr. 30, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)/library/FED-051/exhibit/FED-051
Ex. FED-052Security Directive SD 1582/84-21-01B, Security Measures - Mask RequirementsTransportation Security Administration, DHSAug. 20, 2021Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)/library/FED-052/exhibit/FED-052
Ex. FED-053TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)/library/FED-053/exhibit/FED-053
Ex. FED-054Security Directive SD 1542-21-01, Security Measures - Face Masks (airports)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Security Directive SD 1542-21-01, Security Measures - Face Masks (airports) (Jan. 31, 2021) (Ex. FED-054)/library/FED-054/exhibit/FED-054
Ex. FED-055Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)Transportation Security Administration, DHSJan. 31, 2021Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)/library/FED-055/exhibit/FED-055
Ex. FED-056Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight BoardApr. 20, 2021Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)/library/FED-056/exhibit/FED-056
Ex. FED-057Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)Acting Secretary of Homeland Security David P. PekoskeJan. 27, 2021Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)/library/FED-057/exhibit/FED-057
Ex. FED-060Executive Order 13991President Joseph R. Biden, Jr.Jan. 20, 2021President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)/library/FED-060/exhibit/FED-060
Ex. FED-061Executive Order 13998President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)/library/FED-061/exhibit/FED-061
Ex. FED-062Executive Order 13999President Joseph R. Biden, Jr.Jan. 21, 2021President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)/library/FED-062/exhibit/FED-062
Ex. FED-063Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)/library/FED-063/exhibit/FED-063
Ex. FED-064Executive Order 14043President Joseph R. Biden, Jr.Sept. 9, 2021President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)/library/FED-064/exhibit/FED-064
Ex. FED-066Executive Order 13945President Donald J. TrumpAug. 8, 2020President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)/library/FED-066/exhibit/FED-066
Ex. FED-070Executive Order 13909President Donald J. TrumpMar. 18, 2020President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)/library/FED-070/exhibit/FED-070
Ex. FED-073Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)President Donald J. TrumpApr. 28, 2020President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)/library/FED-073/exhibit/FED-073
Ex. FED-074Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention MeasuresSecretary of Health and Human ServicesMar. 25, 2020Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)/library/FED-074/exhibit/FED-074
Ex. FED-075Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic UseFederal Emergency Management Agency, DHSApr. 7, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)/library/FED-075/exhibit/FED-075
Ex. FED-076Notification of Exemptions to the PPE allocation ruleFederal Emergency Management Agency, DHSApr. 17, 2020Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)/library/FED-076/exhibit/FED-076
Ex. FED-077Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)Federal Emergency Management Agency, DHSAug. 10, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)/library/FED-077/exhibit/FED-077
Ex. FED-078Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)Federal Emergency Management Agency, DHSDec. 31, 2020Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)/library/FED-078/exhibit/FED-078
Ex. FED-080Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)Occupational Safety and Health Administration, U.S. Department of LaborJune 21, 2021Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)/library/FED-080/exhibit/FED-080
Ex. FED-081DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)OSHA, Directorate of Enforcement ProgramsJune 28, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)/library/FED-081/exhibit/FED-081
Ex. FED-082DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)OSHA, Directorate of Enforcement ProgramsMar. 12, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)/library/FED-082/exhibit/FED-082
Ex. FED-083DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)OSHA, Directorate of Enforcement ProgramsJuly 7, 2021OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)/library/FED-083/exhibit/FED-083
Ex. FED-084Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)OSHA (memorandum for Regional Administrators and State Plan Designees)July 7, 2021OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)/library/FED-084/exhibit/FED-084
Ex. FED-088Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)OSHA, U.S. Department of LaborMar. 9, 2020OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)/library/FED-088/exhibit/FED-088
Ex. FED-090CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…Centers for Medicare & Medicaid Services, HHSMar. 30, 2020Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)/library/FED-090/exhibit/FED-090
Ex. FED-091CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)Centers for Medicare & Medicaid Services, HHSMay 1, 2020Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)/library/FED-091/exhibit/FED-091
Ex. FED-092CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…Centers for Medicare & Medicaid Services, HHSSept. 2, 2020Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)/library/FED-092/exhibit/FED-092
Ex. FED-093CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)Nov. 2, 2020Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)/library/FED-093/exhibit/FED-093
Ex. FED-094CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCenters for Medicare & Medicaid Services, HHSMay 13, 2021Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)/library/FED-094/exhibit/FED-094
Ex. FED-096CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight GroupMar. 4, 2020CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)/library/FED-096/exhibit/FED-096
Ex. FED-097QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)CMS, Quality, Safety & Oversight GroupMar. 13, 2020CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)/library/FED-097/exhibit/FED-097
Ex. FED-098QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)CMS, Quality, Safety & Oversight GroupMar. 10, 2020CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)/library/FED-098/exhibit/FED-098
Ex. FED-099CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 23, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)/library/FED-099/exhibit/FED-099
Ex. FED-100FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Mar. 29, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)/library/FED-100/exhibit/FED-100
Ex. FED-150FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)Apr. 11, 2020President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)/library/FED-150/exhibit/FED-150
Ex. FED-154QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)CMS, Quality, Safety & Oversight GroupSept. 17, 2020CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)/library/FED-154/exhibit/FED-154
Ex. FED-155QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19CMS, Quality, Safety & Oversight GroupMar. 10, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)/library/FED-155/exhibit/FED-155
Ex. FED-156QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)CMS, Quality, Safety & Oversight GroupApr. 27, 2021CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)/library/FED-156/exhibit/FED-156
Ex. FED-157QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)CMS, Quality, Safety & Oversight GroupMay 18, 2020CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)/library/FED-157/exhibit/FED-157
Ex. FED-158CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…Centers for Medicare & Medicaid Services, HHSApr. 7, 2020Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)/library/FED-158/exhibit/FED-158
Ex. FED-159CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)Centers for Medicare & Medicaid Services, HHSApr. 19, 2020Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)/library/FED-159/exhibit/FED-159
Ex. FED-160COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)Centers for Medicare & Medicaid Services, HHSMar. 13, 2020Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)/library/FED-160/exhibit/FED-160
Ex. FED-161QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reportingCMS, Quality, Safety & Oversight GroupMay 6, 2020CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)/library/FED-161/exhibit/FED-161
Ex. FED-163CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NHCMS, Quality, Safety & Oversight GroupMay 11, 2021CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)/library/FED-163/exhibit/FED-163
Ex. FED-164CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupMar. 4, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)/library/FED-164/exhibit/FED-164
Ex. FED-165CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupJune 1, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)/library/FED-165/exhibit/FED-165
Ex. FED-166CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)CMS, Quality, Safety & Oversight GroupAug. 17, 2020CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)/library/FED-166/exhibit/FED-166
Ex. FED-168CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…CMS, Quality, Safety & Oversight GroupAug. 26, 2020CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)/library/FED-168/exhibit/FED-168
Ex. FED-170Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…Congress (Pub. L. 116-127); approved by the PresidentMar. 18, 2020Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)/library/FED-170/exhibit/FED-170
Ex. FED-171Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826Wage and Hour Division, U.S. Department of LaborApr. 1, 2020Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)/library/FED-171/exhibit/FED-171
Ex. FED-172Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)Wage and Hour Division, U.S. Department of LaborSept. 11, 2020Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)/library/FED-172/exhibit/FED-172
Ex. FED-173Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…Congress (Pub. L. 116-260)Dec. 27, 2020Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)/library/FED-173/exhibit/FED-173
Ex. FED-174American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…Congress (Pub. L. 117-2); approved by the PresidentMar. 11, 2021Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)/library/FED-174/exhibit/FED-174
Ex. FED-180Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)Secretary of Health and Human ServicesMar. 10, 2020Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)/library/FED-180/exhibit/FED-180
Ex. FED-181Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…Secretary of Health and Human ServicesFeb. 4, 2020Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)/library/FED-181/exhibit/FED-181
Ex. FED-182Emergency Use Declaration: personal respiratory protective devicesSecretary of Health and Human ServicesMar. 2, 2020Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)/library/FED-182/exhibit/FED-182
Ex. FED-184Emergency Use Authorization Declaration: drugs and biological productsSecretary of Health and Human ServicesMar. 27, 2020Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)/library/FED-184/exhibit/FED-184
Ex. FED-185Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)Dec. 11, 2020Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)/library/FED-185/exhibit/FED-185
Ex. FED-186Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)Food and Drug Administration, HHSDec. 18, 2020Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)/library/FED-186/exhibit/FED-186
Ex. FED-187Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)Food and Drug Administration, HHSFeb. 27, 2021Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)/library/FED-187/exhibit/FED-187
Ex. FED-190The President's Coronavirus Guidelines for America: 15 Days to Slow the SpreadThe President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)/library/FED-190/exhibit/FED-190
Ex. FED-19130 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)The President and the White House Coronavirus Task ForceMar. 31, 2020The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)/library/FED-191/exhibit/FED-191
Ex. FED-192Guidelines for Opening Up America Again (Apr. 16, 2020)The President and the White House Coronavirus Task ForceApr. 16, 2020The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)/library/FED-192/exhibit/FED-192
Ex. FED-194Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health EmergencyHHS Office for Civil RightsMar. 17, 2020HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)/library/FED-194/exhibit/FED-194
Ex. FED-200Proclamation 9984President Donald J. TrumpJan. 31, 2020President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)/library/FED-200/exhibit/FED-200
Ex. FED-201Proclamation 9992President Donald J. TrumpFeb. 29, 2020President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)/library/FED-201/exhibit/FED-201
Ex. FED-203Proclamation 9996President Donald J. TrumpMar. 14, 2020President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)/library/FED-203/exhibit/FED-203
Ex. FED-204Proclamation 10041President Donald J. TrumpMay 24, 2020President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)/library/FED-204/exhibit/FED-204
Ex. FED-207Proclamation 10143President Joseph R. Biden, Jr.Jan. 25, 2021President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)/library/FED-207/exhibit/FED-207
Ex. FED-208Proclamation 10199President Joseph R. Biden, Jr.Apr. 30, 2021President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)/library/FED-208/exhibit/FED-208
Ex. FED-209Proclamation 10294President Joseph R. Biden, Jr.Oct. 25, 2021President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)/library/FED-209/exhibit/FED-209
Ex. FED-210Proclamation 10014President Donald J. TrumpApr. 22, 2020President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)/library/FED-210/exhibit/FED-210
Ex. FED-211Proclamation 10052President Donald J. TrumpJune 22, 2020President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)/library/FED-211/exhibit/FED-211
Ex. FED-212Proclamation 10054President Donald J. TrumpJune 29, 2020President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)/library/FED-212/exhibit/FED-212
Ex. FED-213Proclamation 10131President Donald J. TrumpDec. 31, 2020President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)/library/FED-213/exhibit/FED-213
Ex. FED-214Proclamation 10149President Joseph R. Biden, Jr.Feb. 24, 2021President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)/library/FED-214/exhibit/FED-214
Ex. FED-216Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border ProtectionMar. 24, 2020U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)/library/FED-216/exhibit/FED-216
Ex. FED-217Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)/library/FED-217/exhibit/FED-217
Ex. FED-219Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)/library/FED-219/exhibit/FED-219
Ex. FED-222Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)/library/FED-222/exhibit/FED-222
Ex. FED-225Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)/library/FED-225/exhibit/FED-225
Ex. FED-226Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)/library/FED-226/exhibit/FED-226
Ex. FED-229Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)/library/FED-229/exhibit/FED-229
Ex. FED-232Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)/library/FED-232/exhibit/FED-232
Ex. FED-235Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)/library/FED-235/exhibit/FED-235
Ex. FED-239Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…DHS (Acting Secretary Chad F. Wolf), with CBPMar. 24, 2020DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)/library/FED-239/exhibit/FED-239
Ex. FED-240Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Apr. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)/library/FED-240/exhibit/FED-240
Ex. FED-242Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)DHS (Acting Secretary Chad F. Wolf)June 24, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)/library/FED-242/exhibit/FED-242
Ex. FED-245Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)DHS (Acting Secretary Chad F. Wolf)Sept. 23, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)/library/FED-245/exhibit/FED-245
Ex. FED-248Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)DHS (Acting Secretary Chad F. Wolf)Dec. 22, 2020DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)/library/FED-248/exhibit/FED-248
Ex. FED-249Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)DHSJan. 19, 2021DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)/library/FED-249/exhibit/FED-249
Ex. FED-252Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)DHS (Secretary Alejandro N. Mayorkas)Mar. 19, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)/library/FED-252/exhibit/FED-252
Ex. FED-255Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)DHS (Secretary Alejandro N. Mayorkas)June 23, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)/library/FED-255/exhibit/FED-255
Ex. FED-258Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)DHS (Secretary Alejandro N. Mayorkas)Sept. 22, 2021DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)/library/FED-258/exhibit/FED-258
Ex. FED-264OMB Memorandum M-20-16Office of Management and Budget (Acting Director Russell T. Vought)Mar. 17, 2020Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)/library/FED-264/exhibit/FED-264
Ex. FED-266OMB Memorandum M-20-18Office of Management and Budget (Deputy Director for Management)Mar. 20, 2020Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)/library/FED-266/exhibit/FED-266
Ex. FED-268OMB/OPM Memorandum M-20-23Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)Apr. 20, 2020Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)/library/FED-268/exhibit/FED-268
Ex. FED-270Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task ForceJan. 24, 2021Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)/library/FED-270/exhibit/FED-270
Ex. FED-271OMB Memorandum M-21-25Office of Management and Budget, Office of Personnel Management and General Services AdministrationJune 10, 2021Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)/library/FED-271/exhibit/FED-271
Ex. FED-272COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masksSafer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMBJuly 29, 2021Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)/library/FED-272/exhibit/FED-272
Ex. FED-274Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…Safer Federal Workforce Task Force; approved by the Director of OMBSept. 24, 2021Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)/library/FED-274/exhibit/FED-274
Ex. FED-275Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)Office of Management and Budget (Acting Director Shalanda D. Young)Sept. 24, 2021Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)/library/FED-275/exhibit/FED-275
Ex. FED-278Certification of Vaccination form (employees, onsite contractors and visitors), August 2021Safer Federal Workforce Task Force (OMB control number 3206-0277)Aug. 6, 2021Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)/library/FED-278/exhibit/FED-278
Ex. FED-279Order of March 16, 2020 (COVID-19 building access)United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)Mar. 16, 2020United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)/library/FED-279/exhibit/FED-279
Ex. FED-280Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel RestrictionsSecretary of Defense Lloyd J. Austin IIIMar. 15, 2021Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)/library/FED-280/exhibit/FED-280
Ex. FED-281Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019Deputy Secretary of Defense David L. NorquistMar. 13, 2020Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)/library/FED-281/exhibit/FED-281
Ex. FED-282Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel RestrictionsSecretary of Defense Mark T. EsperApr. 20, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)/library/FED-282/exhibit/FED-282
Ex. FED-283Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…Secretary of Defense Mark T. EsperMay 22, 2020Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)/library/FED-283/exhibit/FED-283
Ex. FED-284Order of the Chief Judge No. 20-042Chief Judge Virginia A. PhillipsMar. 19, 2020Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)/library/FED-284/exhibit/FED-284
Ex. FED-285Order of the Chief Judge No. 20-078Chief Judge Philip S. GutierrezJune 1, 2020Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)/library/FED-285/exhibit/FED-285
Ex. FED-286General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)Mar. 25, 2020United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)/library/FED-286/exhibit/FED-286
Ex. FED-288General Order 2020-8Chief Judge Philip A. BrimmerMay 6, 2020Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)/library/FED-288/exhibit/FED-288
Ex. FED-290Press release of March 12, 2020 (Building closed to the public)Supreme Court of the United States (Public Information Office)Mar. 12, 2020Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)/library/FED-290
Ex. FED-292Order of March 19, 2020, 589 U.S. (Order List)Supreme Court of the United StatesMar. 19, 2020Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)/library/FED-292/exhibit/FED-292
Ex. FED-295Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020Mar. 29, 2020Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)/library/FED-295/exhibit/FED-295
Ex. FED-296Tenth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerFeb. 12, 2021Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)/library/FED-296/exhibit/FED-296
Ex. FED-297Amended General Order 21-0006 (May 26, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)May 26, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)/library/FED-297/exhibit/FED-297
Ex. FED-298Amended General Order 21-0006 (Sept. 15, 2021)Chief Judge Rebecca R. Pallmeyer (Executive Committee)Sept. 15, 2021Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)/library/FED-298/exhibit/FED-298
Ex. FED-299Third Amended Order Concerning Face Masks/Coverings in Public Areas of CourthousesChief Judge Rebecca R. PallmeyerJuly 30, 2021Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)/library/FED-299/exhibit/FED-299
Ex. FED-300General Order 21-0033Executive Committee and Restart Task Force of the Court (unanimous vote)Sept. 20, 2021Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)/library/FED-300/exhibit/FED-300
Ex. FED-301Fifth Amended General Order 20-0022Chief Judge Rebecca R. PallmeyerJune 21, 2021Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)/library/FED-301/exhibit/FED-301
Ex. FED-302Standing Order 20-13Chief Judge Freda L. WolfsonMay 22, 2020Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)/library/FED-302/exhibit/FED-302
Ex. FED-303Standing Order 20-17Chief Judge Freda L. WolfsonNov. 25, 2020Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)/library/FED-303/exhibit/FED-303
Ex. FED-304Third Extension of Standing Order 20-12Chief Judge Freda L. WolfsonDec. 17, 2020Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)/library/FED-304/exhibit/FED-304
Ex. FED-305Standing Order 21-02Chief Judge Freda L. WolfsonMar. 17, 2021Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)/library/FED-305/exhibit/FED-305
Ex. FED-306Standing Order 21-04Chief Judge Freda L. WolfsonMar. 11, 2021Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)/library/FED-306/exhibit/FED-306
Ex. FED-307Updated Amended Standing Order 21-04Chief Judge Freda L. WolfsonSept. 3, 2021Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)/library/FED-307/exhibit/FED-307
Ex. FED-308Standing Order 21-08Chief Judge Freda L. WolfsonSept. 13, 2021Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)/library/FED-308/exhibit/FED-308
Ex. FED-310Second Amended Standing Order 2020-02Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)/library/FED-310/exhibit/FED-310
Ex. FED-312Standing Order 2020-05Chief Judge James K. BredarMar. 20, 2020Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)/library/FED-312/exhibit/FED-312
Ex. FED-313Amended Standing Order 2021-07Chief Judge James K. BredarJune 23, 2021Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)/library/FED-313/exhibit/FED-313
Ex. FED-316Fourth Amendment to General Order 20-01Chief Judge Thomas W. Thrash, Jr.July 31, 2020Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)/library/FED-316/exhibit/FED-316
Ex. FED-317General Order 72Chief Judge Phyllis J. HamiltonMar. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)/library/FED-317/exhibit/FED-317
Ex. FED-318General Order 72-2Chief Judge Phyllis J. HamiltonApr. 30, 2020Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)/library/FED-318/exhibit/FED-318
Ex. FED-319Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…U.S. Department of State, Bureau of Consular AffairsMar. 26, 2020U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)/library/FED-319
Ex. FED-320Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)U.S. Department of Homeland Security, U.S. Citizenship and Immigration ServicesApr. 20, 2020U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)/library/FED-320/exhibit/FED-320
Ex. FED-321Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)U.S. Department of Homeland Security, USCISMay 14, 2020U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)/library/FED-321/exhibit/FED-321
Ex. FED-322Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…DHS, USCISAug. 20, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)/library/FED-322/exhibit/FED-322
Ex. FED-323Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…DHS, USCISDec. 18, 2020DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)/library/FED-323/exhibit/FED-323
Ex. FED-324USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020U.S. Citizenship and Immigration ServicesMar. 17, 2020U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)/library/FED-324/exhibit/FED-324
Ex. FED-325USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4U.S. Citizenship and Immigration ServicesMay 27, 2020U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)/library/FED-325/exhibit/FED-325
Ex. FED-327Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)U.S. Department of State, Bureau of Consular AffairsMar. 20, 2020U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)/library/FED-327/exhibit/FED-327
Ex. FED-328Phased Resumption of Routine Visa Services (announcement of July 14, 2020)U.S. Department of State, Bureau of Consular AffairsJuly 14, 2020U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)/library/FED-328/exhibit/FED-328
Ex. FED-331General Order 72-4Chief Judge Phyllis J. HamiltonJune 24, 2020Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)/library/FED-331/exhibit/FED-331
Ex. FED-333General Order 72-6Chief Judge Phyllis J. HamiltonSept. 16, 2020Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)/library/FED-333/exhibit/FED-333
Ex. FED-334General Order 73 (Amended May 21, 2020)Chief Judge Phyllis J. HamiltonMay 21, 2020Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)/library/FED-334/exhibit/FED-334
Ex. FED-336General Order 77Chief Judge Phyllis J. HamiltonJune 9, 2020Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)/library/FED-336/exhibit/FED-336
Ex. FED-337General Order 78Chief Judge Richard SeeborgJune 23, 2021Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)/library/FED-337/exhibit/FED-337
Ex. FED-338General Order 20-0012 (original)Chief Judge Rebecca R. PallmeyerMar. 12, 2020Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)/library/FED-338/exhibit/FED-338
Ex. FED-339Eighth Amended General Order 20-0012Chief Judge Rebecca R. PallmeyerNov. 13, 2020Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)/library/FED-339/exhibit/FED-339
Ex. FED-340CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…Congress (Pub. L. 116-136, signed Mar. 27, 2020)Mar. 27, 2020Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)/library/FED-340/exhibit/FED-340
Ex. FED-342Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank SupervisorsApr. 7, 2020Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)/library/FED-342/exhibit/FED-342
Ex. FED-343Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…Bureau of Consumer Financial ProtectionJune 30, 2020Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)/library/FED-343/exhibit/FED-343
Ex. FED-344Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…Bureau of Consumer Financial ProtectionJune 25, 2021Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)/library/FED-344/exhibit/FED-344
Ex. FED-345Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)President Donald J. Trump (Memorandum for the Secretary of Education)Aug. 8, 2020President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)/library/FED-345/exhibit/FED-345
Ex. FED-346FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed MortgagesFederal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie MacMar. 18, 2020Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)/library/FED-346/exhibit/FED-346
Ex. FED-348FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)Federal Housing Finance AgencyJune 17, 2020Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)/library/FED-348/exhibit/FED-348
Ex. FED-349FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)Federal Housing Finance AgencyAug. 27, 2020Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)/library/FED-349/exhibit/FED-349
Ex. FED-350FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)Federal Housing Finance AgencyDec. 2, 2020Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)/library/FED-350/exhibit/FED-350
Ex. FED-353FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…Federal Housing Finance AgencyFeb. 25, 2021Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)/library/FED-353/exhibit/FED-353
Ex. FED-354FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)Federal Housing Finance AgencyJune 24, 2021Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)/library/FED-354/exhibit/FED-354
Ex. FED-355FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)July 30, 2021Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)/library/FED-355/exhibit/FED-355
Ex. FED-356Mortgagee Letter 2020-04U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)Mar. 18, 2020U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)/library/FED-356/exhibit/FED-356
Ex. FED-359Mortgagee Letter 2020-19HUD, Federal Housing AdministrationJune 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)/library/FED-359
Ex. FED-360Mortgagee Letter 2020-27HUD, Federal Housing AdministrationAug. 27, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)/library/FED-360/exhibit/FED-360
Ex. FED-361Mortgagee Letter 2020-43HUD, Federal Housing AdministrationDec. 17, 2020HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)/library/FED-361/exhibit/FED-361
Ex. FED-362Mortgagee Letter 2021-03HUD, Federal Housing AdministrationJan. 21, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)/library/FED-362/exhibit/FED-362
Ex. FED-363Mortgagee Letter 2021-05HUD, Federal Housing AdministrationFeb. 16, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)/library/FED-363/exhibit/FED-363
Ex. FED-364Mortgagee Letter 2021-15HUD, Federal Housing AdministrationJune 25, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)/library/FED-364/exhibit/FED-364
Ex. FED-365Mortgagee Letter 2021-18HUD, Federal Housing AdministrationJuly 23, 2021HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)/library/FED-365/exhibit/FED-365
Ex. FED-368Circular 26-20-8VA, Loan Guaranty ServiceMar. 18, 2020VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)/library/FED-368/exhibit/FED-368
Ex. FED-369Circular 26-20-12VA, Loan Guaranty ServiceApr. 8, 2020VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)/library/FED-369/exhibit/FED-369
Ex. FED-371Circular 26-20-22VA, Loan Guaranty ServiceJune 17, 2020VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)/library/FED-371/exhibit/FED-371
Ex. FED-372Circular 26-20-23VA, Loan Guaranty ServiceJune 18, 2020VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)/library/FED-372/exhibit/FED-372
Ex. FED-373Circular 26-20-29VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)/library/FED-373/exhibit/FED-373
Ex. FED-374Circular 26-20-30VA, Loan Guaranty ServiceAug. 24, 2020VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)/library/FED-374/exhibit/FED-374
Ex. FED-375Circular 26-20-40VA, Loan Guaranty ServiceDec. 28, 2020VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)/library/FED-375/exhibit/FED-375
Ex. FED-376Circular 26-21-2VA, Loan Guaranty ServiceJan. 29, 2021VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)/library/FED-376/exhibit/FED-376
Ex. FED-377Circular 26-21-5VA, Loan Guaranty ServiceFeb. 16, 2021VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)/library/FED-377
Ex. FED-378Circular 26-21-10VA, Loan Guaranty ServiceJune 25, 2021VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)/library/FED-378/exhibit/FED-378
Ex. FED-379Circular 26-21-14VA, Loan Guaranty ServiceJuly 30, 2021VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)/library/FED-379/exhibit/FED-379
Ex. FED-380Circular 26-21-20VA, Loan Guaranty ServiceSept. 29, 2021VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)/library/FED-380/exhibit/FED-380
Ex. FED-382USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…USDA Rural DevelopmentDec. 28, 2020USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)/library/FED-382
Ex. FED-384USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…USDA Rural Development (with the White House announcement of June 24, 2021)June 24, 2021USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)/library/FED-384
Ex. FED-385USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)July 30, 2021USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)/library/FED-385/exhibit/FED-385
Ex. FED-386Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…Secretary of the Interior David L. BernhardtMar. 22, 2020Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)/library/FED-386/exhibit/FED-386
Ex. FED-387NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…Secretary of the Interior David L. Bernhardt; National Park ServiceMar. 18, 2020Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)/library/FED-387/exhibit/FED-387
Ex. FED-389BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in OregonBureau of Land Management, Oregon/Washington State Office and District ManagersMar. 27, 2020Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)/library/FED-389/exhibit/FED-389
Ex. FED-390Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitorsBureau of ReclamationMar. 17, 2020Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)/library/FED-390/exhibit/FED-390
Ex. FED-391USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment OnlyU.S. Department of Agriculture, Farm Production and Conservation mission areaMar. 23, 2020U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)/library/FED-391
Ex. FED-393USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…U.S. Army Corps of Engineers Headquarters and district commandersMar. 17, 2020U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)/library/FED-393
Ex. FED-396The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…The President and the White House Coronavirus Task Force (with CDC)Mar. 16, 2020The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)/library/FED-396/exhibit/FED-396
Ex. FED-398H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)May 15, 2020U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)/library/FED-398/exhibit/FED-398
Ex. HI-007Sixth Supplementary Proclamation (Apr. 25, 2020), Exhibit FGovernor David Y. IgeApr. 25, 2020Governor David Y. Ige, Sixth Supplementary Proclamation (Apr. 25, 2020), Exhibit F (Ex. HI-007)/library/HI-007/exhibit/HI-007
Ex. HI-023Twenty-First Proclamation Related to the COVID-19 EmergencyGovernor David Y. IgeJune 7, 2021Governor David Y. Ige, Twenty-First Proclamation Related to the COVID-19 Emergency (June 7, 2021) (Ex. HI-023)/library/HI-023/exhibit/HI-023
Ex. HI-024Emergency Proclamation Related to the COVID-19 ResponseGovernor David Y. IgeAug. 5, 2021Governor David Y. Ige, Emergency Proclamation Related to the COVID-19 Response (Aug. 5, 2021) (Ex. HI-024)/library/HI-024/exhibit/HI-024
Ex. HI-026Executive Order No. 21-06Governor David Y. IgeSept. 1, 2021Governor David Y. Ige, Executive Order No. 21-06 (Sept. 1, 2021) (Ex. HI-026)/library/HI-026/exhibit/HI-026
Ex. IL-005Executive Order 2020-10 (COVID-19 Executive Order No. 8)Governor JB PritzkerMar. 20, 2020Governor JB Pritzker, Executive Order 2020-10 (COVID-19 Executive Order No. 8) (Mar. 20, 2020) (Ex. IL-005)/library/IL-005/exhibit/IL-005
Ex. IL-042Executive Order 2021-20 (COVID-19 Executive Order No. 87)Governor JB PritzkerAug. 26, 2021Governor JB Pritzker, Executive Order 2021-20 (COVID-19 Executive Order No. 87) (Aug. 26, 2021) (Ex. IL-042)/library/IL-042/exhibit/IL-042
Ex. IN-011Executive Order 20-13Governor Eric J. HolcombMar. 30, 2020Governor Eric J. Holcomb, Executive Order 20-13 (Mar. 30, 2020) (Ex. IN-011)/library/IN-011/exhibit/IN-011
Ex. KS-030Executive Order 20-52 (typed text, 39 Kan. Reg. No. 27A, July 2, 2020, pp. 911-913; issue also carries EOs 20-49, 20-50, 20-51)Governor Laura Kelly (Executive Order 20-52), published by the Secretary of StateJuly 2, 2020Governor Laura Kelly (Executive Order 20-52), published by the Secretary of State, Executive Order 20-52 (typed text, 39 Kan. Reg. No. 27A, July 2, 2020, pp. 911-913; issue also carries EOs 20-49, 20-50, 20-51) (Ex. KS-030)/library/KS-030/exhibit/KS-030
Ex. KS-095Emergency Order of Local Health Officer and Douglas County Commission (Aug. 18, 2021)Douglas County Local Health Officer (Thomas Marcellino, M.D.) and the Board of County Commissioners of Douglas CountyAug. 18, 2021Douglas County Local Health Officer (Thomas Marcellino, M.D.) and the Board of County Commissioners of Douglas County, Emergency Order of Local Health Officer and Douglas County Commission (Aug. 18, 2021) (Ex. KS-095)/library/KS-095/exhibit/KS-095
Ex. KY-0462021 House Joint Resolution 77, Acts ch. 168 (2021 Ky. Acts 1059)Kentucky General Assembly (2021 Regular Session), enacted over the Governor's vetoMar. 30, 2021Kentucky General Assembly (2021 Regular Session), enacted over the Governor's veto, 2021 House Joint Resolution 77, Acts ch. 168 (2021 Ky. Acts 1059) (Mar. 30, 2021) (Ex. KY-046)/library/KY-046/exhibit/KY-046
Ex. KY-0562021 Special Session House Joint Resolution 1, Acts ch. 1Kentucky General Assembly (2021 Special Session); signed by Governor BeshearSept. 7, 2021Kentucky General Assembly (2021 Special Session); signed by Governor Beshear, 2021 Special Session House Joint Resolution 1, Acts ch. 1 (Sept. 7, 2021) (Ex. KY-056)/library/KY-056/exhibit/KY-056
Ex. LA-036Proclamation 137 JBE 2021Governor John Bel EdwardsAug. 2, 2021Governor John Bel Edwards, Proclamation 137 JBE 2021 (Aug. 2, 2021) (Ex. LA-036)/library/LA-036/exhibit/LA-036
Ex. LAW-001CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)United States CongressMar. 27, 2020United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)/library/LAW-001/exhibit/LAW-001
Ex. LAW-002Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…United States CongressDec. 27, 2020United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)/library/LAW-002/exhibit/LAW-002
Ex. LAW-003American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)United States CongressMar. 11, 2021United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)/library/LAW-003/exhibit/LAW-003
Ex. LAW-004Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)United States CongressNov. 15, 2021United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)/library/LAW-004/exhibit/LAW-004
Ex. MA-017COVID-19 Order No. 33Governor Charles D. BakerMay 18, 2020Governor Charles D. Baker, COVID-19 Order No. 33 (May 18, 2020) (Ex. MA-017)/library/MA-017/exhibit/MA-017
Ex. ME-008Essential Business Operations DefinitionsDepartment of Economic and Community Development (lead agency under EO 19 § IV)Apr. 3, 2020Department of Economic and Community Development (lead agency under EO 19 § IV), Essential Business Operations Definitions (Apr. 3, 2020) (Ex. ME-008)/library/ME-008/exhibit/ME-008
Ex. ME-014Executive Order 35 FY 19/20Governor Janet T. MillsApr. 6, 2020Governor Janet T. Mills, Executive Order 35 FY 19/20 (Apr. 6, 2020) (Ex. ME-014)/library/ME-014/exhibit/ME-014
Ex. ME-060Executive Order 40 FY 20/21Governor Janet T. MillsJune 30, 2021Governor Janet T. Mills, Executive Order 40 FY 20/21 (June 30, 2021) (Ex. ME-060)/library/ME-060/exhibit/ME-060
Ex. MET-DEN-104Second Amended Public Health Order 20-008 Requiring Face Coverings in Public Indoor SpacesExecutive Director, JCPH (Mark B. Johnson)May 4, 2021Executive Director, JCPH (Mark B. Johnson), Second Amended Public Health Order 20-008 Requiring Face Coverings in Public Indoor Spaces (May 4, 2021) (Ex. MET-DEN-104)/library/MET-DEN-104/exhibit/MET-DEN-104
Ex. MET-DEN-114Public Health Order 2021-05 Amending Public Health Order 2021-03 and [requiring masks in indoor public spaces]Executive Director, BCPHMay 5, 2021Executive Director, BCPH, Public Health Order 2021-05 Amending Public Health Order 2021-03 and [requiring masks in indoor public spaces] (May 5, 2021) (Ex. MET-DEN-114)/library/MET-DEN-114/exhibit/MET-DEN-114
Ex. MET-LA-034Public Order Under City of Los Angeles Emergency Authority, Targeted Safer at Home Order (Dec. 2, 2020)Mayor Eric GarcettiDec. 2, 2020Mayor Eric Garcetti, Public Order Under City of Los Angeles Emergency Authority, Targeted Safer at Home Order (Dec. 2, 2020) (Ex. MET-LA-034)/library/MET-LA-034/exhibit/MET-LA-034
Ex. MET-LA-077Safer at Home Order for Control of COVID-19: State's Blueprint for a Safer Economy, Regional Stay-At-Home (Revised Order Issued Dec. 6, 2020)Health Officer of the City of Long BeachDec. 6, 2020Health Officer of the City of Long Beach, Safer at Home Order for Control of COVID-19: State's Blueprint for a Safer Economy, Regional Stay-At-Home (Revised Order Issued Dec. 6, 2020) (Ex. MET-LA-077)/library/MET-LA-077/exhibit/MET-LA-077
Ex. MI-054MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19)Michigan Occupational Safety and Health Administration (MIOSHA), Department of Labor and Economic OpportunityOct. 14, 2020Michigan Occupational Safety and Health Administration (MIOSHA), Department of Labor and Economic Opportunity, MIOSHA Emergency Rules: Coronavirus Disease 2019 (COVID-19) (Oct. 14, 2020) (Ex. MI-054)/library/MI-054/exhibit/MI-054
Ex. MI-059MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask OrderMichigan Department of Health and Human Services (Director Robert Gordon)Oct. 29, 2020Michigan Department of Health and Human Services (Director Robert Gordon), MDHHS Emergency Order under MCL 333.2253: Gatherings and Face Mask Order (Oct. 29, 2020) (Ex. MI-059)/library/MI-059/exhibit/MI-059
Ex. MN-005Emergency Executive Order 20-09Governor Tim WalzMar. 19, 2020Governor Tim Walz, Emergency Executive Order 20-09 (Mar. 19, 2020) (Ex. MN-005)/library/MN-005/exhibit/MN-005
Ex. MN-007Emergency Executive Order 20-16Governor Tim WalzMar. 23, 2020Governor Tim Walz, Emergency Executive Order 20-16 (Mar. 23, 2020) (Ex. MN-007)/library/MN-007/exhibit/MN-007
Ex. MN-012Emergency Executive Order 20-33Governor Tim WalzApr. 8, 2020Governor Tim Walz, Emergency Executive Order 20-33 (Apr. 8, 2020) (Ex. MN-012)/library/MN-012/exhibit/MN-012
Ex. MN-018Emergency Executive Order 20-51Governor Tim WalzMay 5, 2020Governor Tim Walz, Emergency Executive Order 20-51 (May 5, 2020) (Ex. MN-018)/library/MN-018/exhibit/MN-018
Ex. NJ-006Executive Order No. 109 (2020)Governor Philip D. MurphyMar. 23, 2020Governor Philip D. Murphy, Executive Order No. 109 (2020) (Mar. 23, 2020) (Ex. NJ-006)/library/NJ-006/exhibit/NJ-006
Ex. NM-040Amended Public Health Emergency Order of November 18, 2020 (reset tightened; big-box retail closed; animal grooming barred)Acting Secretary of Health Billy J. JimenezNov. 18, 2020Acting Secretary of Health Billy J. Jimenez, Amended Public Health Emergency Order of November 18, 2020 (reset tightened; big-box retail closed; animal grooming barred) (Nov. 18, 2020) (Ex. NM-040)/library/NM-040/exhibit/NM-040
Ex. NM-060Public Health Emergency Order of June 30, 2021 (county framework and capacity limits ended; masks for the unvaccinated; CSPs mandatory)Secretary of Health Tracie C. Collins, M.D.June 30, 2021Secretary of Health Tracie C. Collins, M.D, Public Health Emergency Order of June 30, 2021 (county framework and capacity limits ended; masks for the unvaccinated; CSPs mandatory) (Ex. NM-060)/library/NM-060/exhibit/NM-060
Ex. NM-063Executive Order 2021-046Governor Michelle Lujan GrishamJuly 30, 2021Governor Michelle Lujan Grisham, Executive Order 2021-046 (July 30, 2021) (Ex. NM-063)/library/NM-063/exhibit/NM-063
Ex. NV-043Declaration of Emergency Directive 049Governor Steve SisolakAug. 16, 2021Governor Steve Sisolak, Declaration of Emergency Directive 049 (Aug. 16, 2021) (Ex. NV-043)/library/NV-043/exhibit/NV-043
Ex. OR-005Executive Order 20-10Governor Kate BrownMar. 19, 2020Governor Kate Brown, Executive Order 20-10 (Mar. 19, 2020) (Ex. OR-005)/library/OR-005/exhibit/OR-005
Ex. OR-015Executive Order 20-22Governor Kate BrownApr. 27, 2020Governor Kate Brown, Executive Order 20-22 (Apr. 27, 2020) (Ex. OR-015)/library/OR-015/exhibit/OR-015
Ex. OR-032Oregon OSHA Administrative Order 3-2020 (temporary rule), OAR 437-001-0744 (corrected by AO 4-2020, Dec. 11, 2020)Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business ServicesNov. 6, 2020Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon OSHA Administrative Order 3-2020 (temporary rule), OAR 437-001-0744 (corrected by AO 4-2020, Dec. 11, 2020) (Nov. 6, 2020) (Ex. OR-032)/library/OR-032/exhibit/OR-032
Ex. OR-041Oregon OSHA Administrative Order 2-2021 (permanent rule), OAR 437-001-0744Oregon OSHA, Department of Consumer and Business ServicesMay 4, 2021Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 2-2021 (permanent rule), OAR 437-001-0744 (May 4, 2021) (Ex. OR-041)/library/OR-041/exhibit/OR-041
Ex. OR-043Executive Order 21-15Governor Kate BrownJune 25, 2021Governor Kate Brown, Executive Order 21-15 (June 25, 2021) (Ex. OR-043)/library/OR-043/exhibit/OR-043
Ex. OR-044Oregon OSHA Administrative Order 5-2021 (temporary amendment of OAR 437-001-0744)Oregon OSHA, Department of Consumer and Business ServicesJune 30, 2021Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 5-2021 (temporary amendment of OAR 437-001-0744) (June 30, 2021) (Ex. OR-044)/library/OR-044/exhibit/OR-044
Ex. OR-049Oregon OSHA Administrative Order 10-2021 (temporary amendment of OAR 437-001-0744)Oregon OSHA, Department of Consumer and Business ServicesAug. 13, 2021Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 10-2021 (temporary amendment of OAR 437-001-0744) (Aug. 13, 2021) (Ex. OR-049)/library/OR-049/exhibit/OR-049
Ex. PA-015Order of the Secretary of the Pennsylvania Department of Health Requiring Universal Face CoveringsSecretary of Health Rachel Levine, M.D.July 1, 2020Secretary of Health Rachel Levine, M.D, Order of the Secretary of the Pennsylvania Department of Health Requiring Universal Face Coverings (July 1, 2020) (Ex. PA-015)/library/PA-015/exhibit/PA-015
Ex. PA-020Updated Order of the Secretary of Health Requiring Universal Face Coverings (Nov. 17, 2020), sec. 4(A) (Business and School Entity Obligations)Secretary of Health Rachel Levine, M.D.Nov. 17, 2020Secretary of Health Rachel Levine, M.D, Updated Order of the Secretary of Health Requiring Universal Face Coverings (Nov. 17, 2020), sec. 4(A) (Business and School Entity Obligations) (Ex. PA-020)/library/PA-020/exhibit/PA-020
Ex. PA-040Act 21 of 2021 (H.B. 854) - COVID-19 Record Retention and Temporary Regulatory Flexibility AuthorityGeneral Assembly; approved by Governor WolfJune 11, 2021General Assembly; approved by Governor Wolf, Act 21 of 2021 (H.B. 854) - COVID-19 Record Retention and Temporary Regulatory Flexibility Authority (June 11, 2021) (Ex. PA-040)/library/PA-040/exhibit/PA-040
Ex. PA-043Act 73 of 2021 (H.B. 1861) - COVID-19 regulatory flexibility authority (extension to Mar. 31, 2022)General Assembly; approved by Governor WolfSept. 30, 2021General Assembly; approved by Governor Wolf, Act 73 of 2021 (H.B. 1861) - COVID-19 regulatory flexibility authority (extension to Mar. 31, 2022) (Sept. 30, 2021) (Ex. PA-043)/library/PA-043/exhibit/PA-043
Ex. SD-078Ordinance 21-001Brookings City CouncilFeb. 9, 2021Brookings City Council, Ordinance 21-001 (Feb. 9, 2021) (Ex. SD-078)/library/SD-078/exhibit/SD-078
Ex. SEC-02-010Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, temporary final rule, 85 Fed. Reg. 20195FEMA, Department of Homeland SecurityApr. 10, 2020FEMA, Department of Homeland Security, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use, temporary final rule, 85 Fed. Reg. 20195 (Apr. 10, 2020) (Ex. SEC-02-010)/library/SEC-02-010/exhibit/SEC-02-010
Ex. SEC-02-047Cal. Code Regs. tit. 8, sec. 3205, COVID-19 Prevention (emergency temporary standard as readopted June 17, 2021)Occupational Safety and Health Standards Board (Cal/OSHA)June 17, 2021Occupational Safety and Health Standards Board (Cal/OSHA), Cal. Code Regs. tit. 8, sec. 3205, COVID-19 Prevention (emergency temporary standard as readopted June 17, 2021) (Ex. SEC-02-047)/library/SEC-02-047/exhibit/SEC-02-047
Ex. SEC-26-001Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket…Food and Drug Administration, Center for Veterinary MedicineMar. 24, 2020Food and Drug Administration, Center for Veterinary Medicine, Guidance for Industry #269, Enforcement Policy Regarding Federal VCPR Requirements to Facilitate Veterinary Telemedicine During the COVID-19 Outbreak (Docket FDA-2020-D-1140) (Mar. 24, 2020) (Ex. SEC-26-001)/library/SEC-26-001/exhibit/SEC-26-001
Ex. SEC-26-003Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021)Secretary of Health and Human Services (Acting Secretary Norris Cochran)Mar. 11, 2021Secretary of Health and Human Services (Acting Secretary Norris Cochran), Seventh Amendment to the PREP Act Declaration, 86 Fed. Reg. 14462 (Mar. 16, 2021) (Mar. 11, 2021) (Ex. SEC-26-003)/library/SEC-26-003/exhibit/SEC-26-003
Ex. SEC-26-004Emergency Executive Order 20-17Governor Tim Walz (approved by the Executive Council)Mar. 23, 2020Governor Tim Walz (approved by the Executive Council), Emergency Executive Order 20-17 (Mar. 23, 2020) (Ex. SEC-26-004)/library/SEC-26-004/exhibit/SEC-26-004
Ex. SEC-26-009Executive Order No. 2020-34Governor Gretchen WhitmerApr. 2, 2020Governor Gretchen Whitmer, Executive Order No. 2020-34 (Apr. 2, 2020) (Ex. SEC-26-009)/library/SEC-26-009/exhibit/SEC-26-009
Ex. SEC-26-GM-001Global Pet Expo 2020 Coronavirus Update APPAAmerican Pet Products Association (APPA) and Pet Industry Distributors Association (PIDA)Feb. 19, 2020American Pet Products Association (APPA) and Pet Industry Distributors Association (PIDA), Global Pet Expo 2020 Coronavirus Update APPA (Feb. 19, 2020) (Ex. SEC-26-GM-001)/library/SEC-26-GM-001/exhibit/SEC-26-GM-001
Ex. SEC-26-GM-002AVMA Convention 2021 Goes All Virtual JAVMA NewsAmerican Veterinary Medical Association (AVMA)May 15, 2021American Veterinary Medical Association (AVMA), AVMA Convention 2021 Goes All Virtual JAVMA News (May 15, 2021) (Ex. SEC-26-GM-002)/library/SEC-26-GM-002/exhibit/SEC-26-GM-002
Ex. SEC-26-GM-003State Fair of Texas 2020 Canceled COVID 19State Fair of TexasJuly 6, 2020State Fair of Texas, State Fair of Texas 2020 Canceled COVID 19 (July 6, 2020) (Ex. SEC-26-GM-003)/library/SEC-26-GM-003/exhibit/SEC-26-GM-003
Ex. SEC-26-GM-004AVMA Calls Off 2020 Convention TVB ReportAmerican Veterinary Medical Association (AVMA)May 1, 2020American Veterinary Medical Association (AVMA), AVMA Calls Off 2020 Convention TVB Report (May 1, 2020) (Ex. SEC-26-GM-004)/library/SEC-26-GM-004/exhibit/SEC-26-GM-004
Ex. SEC-26-GM-005Houston Livestock Show Rodeo 2021 UpdateHouston Livestock Show and RodeoFeb. 3, 2021Houston Livestock Show and Rodeo, Houston Livestock Show Rodeo 2021 Update (Feb. 3, 2021) (Ex. SEC-26-GM-005)/library/SEC-26-GM-005/exhibit/SEC-26-GM-005
Ex. SEC-26-GM-006National Western Stock Show 115th FAQWestern Stock Show AssociationSept. 14, 2020Western Stock Show Association, National Western Stock Show 115th FAQ (Sept. 14, 2020) (Ex. SEC-26-GM-006)/library/SEC-26-GM-006/exhibit/SEC-26-GM-006
Ex. SEC-26-GM-007WVC Delays 2021 Conference Seven Months TVB ReportViticus Group (formerly Western Veterinary Conference; rebranded Feb. 2020)Aug. 12, 2020Viticus Group (formerly Western Veterinary Conference; rebranded Feb. 2020), WVC Delays 2021 Conference Seven Months TVB Report (Aug. 12, 2020) (Ex. SEC-26-GM-007)/library/SEC-26-GM-007/exhibit/SEC-26-GM-007
Ex. SEC-26-GM-008NAVC New Dates VMX 2021 June TVB ReportNorth American Veterinary Community (NAVC)Nov. 9, 2020North American Veterinary Community (NAVC), NAVC New Dates VMX 2021 June TVB Report (Nov. 9, 2020) (Ex. SEC-26-GM-008)/library/SEC-26-GM-008/exhibit/SEC-26-GM-008
Ex. SEC-26-GM-009WVC 2021 Full Steam Ahead Nevada Mask Mandate VPN ReportViticus Group (formerly Western Veterinary Conference; rebranded Feb. 2020)Aug. 23, 2021Viticus Group (formerly Western Veterinary Conference; rebranded Feb. 2020), WVC 2021 Full Steam Ahead Nevada Mask Mandate VPN Report (Aug. 23, 2021) (Ex. SEC-26-GM-009)/library/SEC-26-GM-009/exhibit/SEC-26-GM-009
Ex. SEC-26-GM-010SuperZoo 2021 Mask Mandate Update Pet Age ReportWorld Pet Association (WPA)Aug. 2, 2021World Pet Association (WPA), SuperZoo 2021 Mask Mandate Update Pet Age Report (Aug. 2, 2021) (Ex. SEC-26-GM-010)/library/SEC-26-GM-010/exhibit/SEC-26-GM-010
Ex. SEC-26-GM-011Two Fetch dvm360 Shows Canceled Baltimore Kansas City TVB ReportMJH Life Sciences (dvm360)May 11, 2020MJH Life Sciences (dvm360), Two Fetch dvm360 Shows Canceled Baltimore Kansas City TVB Report (May 11, 2020) (Ex. SEC-26-GM-011)/library/SEC-26-GM-011/exhibit/SEC-26-GM-011
Ex. SEC-26-GM-012SWVS 2020 Canceled Southwest Veterinary Symposium Fort Worth WaybackSouthwest Veterinary Symposium (TVMA, OVMA, NMVMA, ArVMA)Aug. 1, 2020Southwest Veterinary Symposium (TVMA, OVMA, NMVMA, ArVMA), SWVS 2020 Canceled Southwest Veterinary Symposium Fort Worth Wayback (Aug. 1, 2020) (Ex. SEC-26-GM-012)/library/SEC-26-GM-012/exhibit/SEC-26-GM-012
Ex. SEC-26-GM-013World Dairy Expo 2020 Cancelled News ReleaseWorld Dairy Expo, Inc.June 10, 2020World Dairy Expo, Inc, World Dairy Expo 2020 Cancelled News Release (June 10, 2020) (Ex. SEC-26-GM-013)/library/SEC-26-GM-013/exhibit/SEC-26-GM-013
Ex. SEC-26-GM-014Westminster Kennel Club 2021 Venue Date Change Pet Age ReportWestminster Kennel ClubOct. 22, 2020Westminster Kennel Club, Westminster Kennel Club 2021 Venue Date Change Pet Age Report (Oct. 22, 2020) (Ex. SEC-26-GM-014)/library/SEC-26-GM-014/exhibit/SEC-26-GM-014
Ex. SEC-26-GM-015WPA SuperZoo 2020 Postponement Pet Age ReportWorld Pet Association (WPA)June 4, 2020World Pet Association (WPA), WPA SuperZoo 2020 Postponement Pet Age Report (June 4, 2020) (Ex. SEC-26-GM-015)/library/SEC-26-GM-015/exhibit/SEC-26-GM-015
Ex. SEC-26-GM-016Global Pet Expo 2021 Moves To Digital Pet Age ReportAmerican Pet Products Association (APPA) and Pet Industry Distributors Association (PIDA)Dec. 15, 2020American Pet Products Association (APPA) and Pet Industry Distributors Association (PIDA), Global Pet Expo 2021 Moves To Digital Pet Age Report (Dec. 15, 2020) (Ex. SEC-26-GM-016)/library/SEC-26-GM-016/exhibit/SEC-26-GM-016
Ex. SEC-26-GM-017COVID 19 Equestrian Event Cancellations USEF Derby The Horse ReportChurchill Downs IncorporatedMar. 18, 2020Churchill Downs Incorporated, COVID 19 Equestrian Event Cancellations USEF Derby The Horse Report (Mar. 18, 2020) (Ex. SEC-26-GM-017)/library/SEC-26-GM-017/exhibit/SEC-26-GM-017
Ex. SEC-26-GM-018Minnesota State Fair History 2020 Cancelled COVID 19Minnesota State Agricultural SocietyMay 22, 2020Minnesota State Agricultural Society, Minnesota State Fair History 2020 Cancelled COVID 19 (May 22, 2020) (Ex. SEC-26-GM-018)/library/SEC-26-GM-018/exhibit/SEC-26-GM-018
Ex. SEC-26-GM-019Ohio State Fair 2020 Cancelled Homepage WaybackOhio Expositions Commission (a State agency)Apr. 30, 2020Ohio Expositions Commission (a State agency), Ohio State Fair 2020 Cancelled Homepage Wayback (Apr. 30, 2020) (Ex. SEC-26-GM-019)/library/SEC-26-GM-019/exhibit/SEC-26-GM-019
Ex. SEC-26-GM-021SAVMA Calls Off 2020 Symposium Cornell TVB ReportStudent American Veterinary Medical Association; host school Cornell University College of Veterinary Medicine (2020)Mar. 6, 2020Student American Veterinary Medical Association; host school Cornell University College of Veterinary Medicine (2020), SAVMA Calls Off 2020 Symposium Cornell TVB Report (Mar. 6, 2020) (Ex. SEC-26-GM-021)/library/SEC-26-GM-021/exhibit/SEC-26-GM-021
Ex. SEC-26-GM-022AAHA Suspends On Site Accreditation Visits TVB ReportAmerican Animal Hospital AssociationMar. 13, 2020American Animal Hospital Association, AAHA Suspends On Site Accreditation Visits TVB Report (Mar. 13, 2020) (Ex. SEC-26-GM-022)/library/SEC-26-GM-022/exhibit/SEC-26-GM-022
Ex. SEC-26-GM-023KC Animal Health Corridor Summer Events Virtual TVB ReportKC Animal Health CorridorMay 21, 2020KC Animal Health Corridor, KC Animal Health Corridor Summer Events Virtual TVB Report (May 21, 2020) (Ex. SEC-26-GM-023)/library/SEC-26-GM-023/exhibit/SEC-26-GM-023
Ex. SEC-26-GM-024AVMA Economic Summit Virtual TVB ReportAmerican Veterinary Medical AssociationJune 4, 2020American Veterinary Medical Association, AVMA Economic Summit Virtual TVB Report (June 4, 2020) (Ex. SEC-26-GM-024)/library/SEC-26-GM-024/exhibit/SEC-26-GM-024
Ex. SEC-26-GM-025VHMA Hospital Managers Conference Online TVB ReportVeterinary Hospital Managers AssociationJuly 17, 2020Veterinary Hospital Managers Association, VHMA Hospital Managers Conference Online TVB Report (July 17, 2020) (Ex. SEC-26-GM-025)/library/SEC-26-GM-025/exhibit/SEC-26-GM-025
Ex. SEC-26-GM-026IAAHPC Petfood Forum Conferences Online TVB ReportPetfood Industry / WATT Global MediaJune 29, 2020Petfood Industry / WATT Global Media, IAAHPC Petfood Forum Conferences Online TVB Report (June 29, 2020) (Ex. SEC-26-GM-026)/library/SEC-26-GM-026/exhibit/SEC-26-GM-026
Ex. SEC-26-GM-027AKC National Championship 2020 Orlando Livestream COVID Changes ReleaseAmerican Kennel ClubNov. 2, 2020American Kennel Club, AKC National Championship 2020 Orlando Livestream COVID Changes Release (Nov. 2, 2020) (Ex. SEC-26-GM-027)/library/SEC-26-GM-027/exhibit/SEC-26-GM-027
Ex. SEC-26-GM-028VMX 2021 Attendance Exhibitors VPN ReportNorth American Veterinary Community (NAVC)Aug. 11, 2021North American Veterinary Community (NAVC), VMX 2021 Attendance Exhibitors VPN Report (Aug. 11, 2021) (Ex. SEC-26-GM-028)/library/SEC-26-GM-028/exhibit/SEC-26-GM-028
Ex. SEC-26-GM-029Fetch dvm360 Baltimore Postponed Government Mandate TVB ReportMJH Life Sciences (dvm360)Mar. 15, 2020MJH Life Sciences (dvm360), Fetch dvm360 Baltimore Postponed Government Mandate TVB Report (Mar. 15, 2020) (Ex. SEC-26-GM-029)/library/SEC-26-GM-029/exhibit/SEC-26-GM-029
Ex. SEC-26-GM-030KC Animal Health Summit Stays Online 2021 TVB ReportVeterinary Hospital Managers AssociationJan. 25, 2021Veterinary Hospital Managers Association, KC Animal Health Summit Stays Online 2021 TVB Report (Jan. 25, 2021) (Ex. SEC-26-GM-030)/library/SEC-26-GM-030/exhibit/SEC-26-GM-030
Ex. SEC-26-GM-031Atlanta Pet Fair Conference 2021 Held July Pet Age ReportWorld Pet AssociationJuly 8, 2021World Pet Association, Atlanta Pet Fair Conference 2021 Held July Pet Age Report (July 8, 2021) (Ex. SEC-26-GM-031)/library/SEC-26-GM-031/exhibit/SEC-26-GM-031
Ex. SEC-26-GM-032SuperZoo 2021 Returns After One Year Hiatus Pet Age ReportWorld Pet Association (WPA)Aug. 1, 2021World Pet Association (WPA), SuperZoo 2021 Returns After One Year Hiatus Pet Age Report (Aug. 1, 2021) (Ex. SEC-26-GM-032)/library/SEC-26-GM-032/exhibit/SEC-26-GM-032
Ex. SEC-26-GM-033Graduating Veterinarians Online Ceremony TVB ReportThe veterinary colleges; a profession-wide 'College of Veterinary Medicine Virtual Graduation' for all graduating veterinarians on May 3, 2020Apr. 17, 2020The veterinary colleges; a profession-wide 'College of Veterinary Medicine Virtual Graduation' for all graduating veterinarians on May 3, 2020, Graduating Veterinarians Online Ceremony TVB Report (Apr. 17, 2020) (Ex. SEC-26-GM-033)/library/SEC-26-GM-033/exhibit/SEC-26-GM-033
Ex. SEC-26-GM-034AVMA Convention 2020 Cancelled Statement Quoted VPN ReportAmerican Veterinary Medical Association (AVMA)May 4, 2020American Veterinary Medical Association (AVMA), AVMA Convention 2020 Cancelled Statement Quoted VPN Report (May 4, 2020) (Ex. SEC-26-GM-034)/library/SEC-26-GM-034/exhibit/SEC-26-GM-034
Ex. SEC-26-GM-035Groom Expo 2020 Hosted Live On Zoom Barkleigh WaybackBarkleigh ProductionsAug. 1, 2020Barkleigh Productions, Groom Expo 2020 Hosted Live On Zoom Barkleigh Wayback (Aug. 1, 2020) (Ex. SEC-26-GM-035)/library/SEC-26-GM-035/exhibit/SEC-26-GM-035
Ex. SEC-26-GM-036All American Quarter Horse Congress 2020 Cancelled OQHA WaybackOhio Quarter Horse AssociationSept. 1, 2020Ohio Quarter Horse Association, All American Quarter Horse Congress 2020 Cancelled OQHA Wayback (Sept. 1, 2020) (Ex. SEC-26-GM-036)/library/SEC-26-GM-036/exhibit/SEC-26-GM-036
Ex. SEC-26-GM-037PRCA Wrangler NFR 2020 Relocates To Texas WaybackProfessional Rodeo Cowboys Association (PRCA) with Las Vegas EventsSept. 15, 2020Professional Rodeo Cowboys Association (PRCA) with Las Vegas Events, PRCA Wrangler NFR 2020 Relocates To Texas Wayback (Sept. 15, 2020) (Ex. SEC-26-GM-037)/library/SEC-26-GM-037/exhibit/SEC-26-GM-037
Ex. SEC-26-GM-038AQHA COVID Notice Select World Postponed WaybackAmerican Quarter Horse AssociationAug. 1, 2020American Quarter Horse Association, AQHA COVID Notice Select World Postponed Wayback (Aug. 1, 2020) (Ex. SEC-26-GM-038)/library/SEC-26-GM-038/exhibit/SEC-26-GM-038
Ex. SEC-26-GM-046AVMA Veterinary Leadership Conference 2021 Virtual WaybackAmerican Veterinary Medical AssociationNov. 15, 2020American Veterinary Medical Association, AVMA Veterinary Leadership Conference 2021 Virtual Wayback (Nov. 15, 2020) (Ex. SEC-26-GM-046)/library/SEC-26-GM-046/exhibit/SEC-26-GM-046
Ex. TX-004Executive Order GA-09Governor Greg AbbottMar. 22, 2020Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)/library/TX-004/exhibit/TX-004
Ex. UT-003State Public Health Order UPHO 2020-03 (elective surgeries and procedures)Joseph K. Miner, M.D., Executive Director, Utah Department of HealthMar. 23, 2020Joseph K. Miner, M.D., Executive Director, Utah Department of Health, State Public Health Order UPHO 2020-03 (elective surgeries and procedures) (Mar. 23, 2020) (Ex. UT-003)/library/UT-003/exhibit/UT-003
Ex. VA-03716VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (Final)Virginia Safety and Health Codes Board, Department of Labor and IndustryJan. 13, 2021Virginia Safety and Health Codes Board, Department of Labor and Industry, 16VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (Final) (Jan. 13, 2021) (Ex. VA-037)/library/VA-037/exhibit/VA-037
Ex. VA-03816VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (amendments, Final)Virginia Safety and Health Codes Board, Department of Labor and IndustrySept. 8, 2021Virginia Safety and Health Codes Board, Department of Labor and Industry, 16VAC25-220, Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus that Causes COVID-19 (amendments, Final) (Sept. 8, 2021) (Ex. VA-038)/library/VA-038/exhibit/VA-038
Ex. WA-070Order of the Secretary of Health 20-03.3Umair A. Shah, MD, MPH, Washington State Secretary of HealthJune 29, 2021Umair A. Shah, MD, MPH, Washington State Secretary of Health, Order of the Secretary of Health 20-03.3 (June 29, 2021) (Ex. WA-070)/library/WA-070/exhibit/WA-070
Ex. WA-077Proclamation 21-14Governor Jay InsleeAug. 9, 2021Governor Jay Inslee, Proclamation 21-14 (Aug. 9, 2021) (Ex. WA-077)/library/WA-077/exhibit/WA-077
Ex. WA-078Order of the Secretary of Health 20-03.4Umair A. Shah, MD, MPH, Washington State Secretary of HealthAug. 19, 2021Umair A. Shah, MD, MPH, Washington State Secretary of Health, Order of the Secretary of Health 20-03.4 (Aug. 19, 2021) (Ex. WA-078)/library/WA-078/exhibit/WA-078

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=26&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.